US-India Nuclear Cooperation: A Side-By-Side Comparison of Current Legislation
UPDATED: 12/08/06. In March 2006, the Bush Administration proposed legislation to create an exception for India from certain provisions of the Atomic Energy Act to facilitate a future nuclear cooperation agreement. After hearings in April and May, the House International Relations Committee and the Senate Foreign Relations Committee considered bills in late June 2006 to provide an exception for India to certain provisions of the Atomic Energy Act related to a peaceful nuclear cooperation agreement. On July 26, 2006, the House passed its version of the legislation, H.R. 5682. Senate consideration of similar legislation is pending. This report provides a thematic side-by-side comparison of the provisions of the two bills, H.R. 5682 (as agreed) and S. 3709 (as reported), with the Administration’s proposed legislation, H.R. 4974/S. 2429.
S.3709
An original bill to exempt from certain requirements of the Atomic Energy Act of 1954 United States exports of nuclear materials, equipment, and technology to India, and to implement the United States Additional Protocol.
HR5682
To exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India.
Analysis of the Administration's Draft Legislationto Change US Laws to Facilitate Nuclear Cooperation with India.
The legislation submitted by the Bush Administration seeking a waiver of US laws concerning nuclear trade with India would significantly curtail Congressional oversight. In addition, as Congress examines the possibility of carving out an exception for India, key pieces of information necessary to make an informed decision are missing, including the detailed separation plan for military and civilian reactors, the negotiated agreement with India (the “123 agreement”), and India’s safeguards agreement with the International Atomic energy Agency (IAEA).
Draft Legislation Submitted to Congress
A copy of the legislation the Administration has submitted to Congress. It has been introduced in the House by Rep. Henry Hyde as HR 4974 and in the Senate by Sen. Richard Lugar. It would exempt India from several sections of the Atomic Energy Act which prohibit the export of nuclear fuel and technology to non-nuclear-weapons states not submitting to IAEA safeguards.
The Atomic Energy Act of 1954, as amended
The full text of the AEA in .pdf format, from the Nuclear Regulatory Commission's website. Under the Adminstration's draft legislation, India would be exempted from Section 123(a)(2), Section 128, and Section 129.
H. Con. Res. 318
A resolution introduced in the House by Rep. Ed Markey (D-MA) and Rep. Fred Upton (R-MI) expressing support for strengthening ties between the US and India, but concern over the non-proliferation implications of the US-India nuclear deal.
December 15, 2005
"Proposed Nuclear Deal with India is a Lose-Lose for Nonproliferation"
A "Dear Colleague" letter from Rep. Ed Markey (D-MA) and Rep. Fred Upton (R-MI). Markey and Upton introduced H. Con. Res. 318, which would express concern over the non-proliferation implications of the US-India nuclear deal.
March 2, 2006
US Proposal to the NSG
The draft pre-decisional "Statement on Civil Nuclear Cooperation with India" that the US presented on March 22, 2006 to a meeting of the Nuclear Suppliers Group in Vienna. If the proposal is adopted, NSG countries will be able to transfer nuclear fuel and technology to India. The NSG must approve such a policy change before the US-India deal can go into effect.