US House of Representatives passes anti-proliferation bill

WASHINGTON: In a significant move, the Democratically-controlled Congress has passed an anti-proliferation bill requiring the President to take "punitive actions" against countries with dubious proliferation records or cooperating with proliferators.

The observers see the Bill as the Congress' first stern warning to the administration on Pakistan, the US ally in the war on terror, and disgraced nuclear scientist A Q Khan.

The provisions are included in a Comprehensive House Bill that was recently cleared by a majority of 299 votes to 128 in the House of Representatives.

The Implementing the 9/11 Commission Recommendation Act of 2007 has a Title 13 named Nuclear Black Market Counter Terrorism Act.

The Nuclear Black Market Counter Terrorism Act and stipulations in the other provisions of the Bill requiring Pakistan be taken to task if it did not cooperate in coming to terms with the Taliban on the Afghanistan-Pakistan border, is an indication that the Congress is determined to intensely question the administration as far as Pakistan is concerned.

The toughening on the Pakistan front has to be seen in the backdrop of a deep-seated perception in certain Congressional quarters that in the name of cooperating in the war on terrorism the Bush administration has turned a blind eye to some of the other activities of Islamabad, including on how tough it has been with Khan.

Several members of Congress have consistently expressed concern that Pakistan has not given access to the United States in quizzing Khan.

The Nuclear Black Market Counter Terrorism Act has stipulated that American aid should only be provided to countries that are not cooperating with any non-nuclear weapon state or any foreign group or individual who may be engaged in, planning, or assisting any international terrorist group in the development of an explosive device.

Aid would also be provided if the countries are taking all necessary measures to prevent their nationals and other persons and entities subject to their jurisdiction from participating in such activities and are fully and completely cooperating with the US in its efforts to eliminate nuclear black market networks or activities.

The President is required to submit a report identifying any country in which manufacturing, brokering, shipment, trans-shipment, or other activity in connection with the transactions of the nuclear proliferation network that supplied Libya, Iran, North Korea, and possibly other countries or entities.

And at a time when there are serious apprehensions in Congress on the level of access granted in the enquiry of the Khan proliferation network, Congress has said the Presidential determination on cooperation is dependent on a number of things including whether the United States has asked and been granted direct investigatory access to key persons involved in the nuclear proliferation network.

A key provision of the law passed by the House of Representatives instructs the Executive to instruct all agencies of the government "to make every effort" in their interactions with foreign governments and business officials to persuade not to engage in any business transaction with a foreign "sanctioned" person.

In the section on Findings in the Nulcear Black Market Counter Terrorism Act the Congress has made a number of "findings" which would include: foreign persons and corporations engaging in nuclear black market activities are motivated by reasons of commercial gain and profit.

Sanctions targeted solely against the business interests of the sanctioned person or business concern may be unsuccessful in halting these proliferation activities, as the sanctions may be seen merely as the cost of doing business, especially if the business interests of the parent or subsidiary corporate entities are unaffected by the sanctions.

Congress has also said that to dissuade corporations from allowing their associated commercial entities or persons from engaging in proliferation black market activities, they must also be made to suffer financial loss and commercial disadvantage and parent and subsidiary commercial enterprises must be held responsible.

Implementing the 9/11 Commission Recommendation Act of 2007 is currently pending in the Senate with the Committee on Homeland Security yet to schedule hearing on this massive and comprehensive Bill.