Final bill on Indo-US nuclear deal in House of Rep

 

Washington, DC: A final bill on the implementation of the landmark Indo-US civilian nuclear deal was approved by the House-Senate Conference Committee and sent to the House of Representatives for approval.

 

The reconciled bill stressed that India and the US share common democratic values and that commerce in civil nuclear energy between the two countries and others has the potential to benefit the peoples of all countries.

 

The legislation -- Henry J Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 -- has been billed as a piece of work that has sought to retain the main provisions of the earlier bills passed in the House and the Senate but the bill one that addresses the concerns of the administration, Congress and India.

 

The US, the legislation said, will secure "India's full and active participation in the United States' efforts to dissuade, isolate and if necessary sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability and the capability to enrich uranium or reprocess nuclear fuel and the means to deliver weapons of mass destruction".

 

The reference to Iran in the non-binding Statements of Policy also finds a place in the set of Presidential determinations to the Congress on the description and assessment of the specific measures taken by India vis-à-vis Iran.

 

In the Sense of Congress section, the Conferees have said, "the United States should not seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under United States law".

 

The legislation, under the section on Statements of Policy, was opposed to any non-nuclear weapon state either within or outside of the Non Proliferation Treaty attaining capability to produce nuclear weapons.

 

It also seek to strengthen the NSG guidelines and decisions concerning consultation by members regarding violations of supplier and recipient understandings by taking on the practice of timely and coordinated response by NSG members to all such violations.

 

The Conference Report has a clause that says that given the special sensitivity of equipment and technologies related to uranium enrichment, the United States will work with members of the NSG to further restrict such transfers of equipment including India.

 

In the Statement of Policy pertaining to South Asia, the legislation calls on the United States to achieve at the earliest a moratorium on the production of fissile material for nuclear explosive devices by India, Pakistan and China.

 

It seeks to secure India's full participation in the Proliferation Security Initiative and a public announcement of New Delhi's decision to confirm to the export control laws, regulations and policies of the Australia Group and the Wassenaar Arrangement.

 

Under Section 104 of the Waiver Authority given to the President, Congressional approval to exemptions under relevant sections of the 1954 Atomic Energy Act is based on a number of determinations.

 

As per them, India would have to provide the US and the IAEA a credible separation plan and work with Washington for the early conclusion of a multilateral treaty on the cessation of the production of fissile materials and that India is taking necessary steps to secure nuclear and other sensitive materials and technology.

 

The Reporting Requirements of Congress on the Executive Branch is extensive in the legislation and seeks to cover several aspects including information on the nuclear activities of India especially as it pertains to any material non-compliance of New Delhi with the non-proliferation commitments of the July 18, 2005 Joint Statement.

 

The terms and conditions of approved licences on export and re-export of material and any "significant changes in the production by India of nuclear weapons or in the types or amounts of fissile material produced" also figure in the reporting requirements of the Congress.

 

On the Bilateral Scientific Cooperative Nuclear Non-Proliferation Programme on which there were misgivings in India on the scope and intentions, the legislation calls for the establishment through the Secretary of the Energy and the National Nuclear security Administration, the establishment of a programme to pursue jointly with scientists from the two countries a programme "to further common non-proliferation goals, including scientific research and development efforts with an emphasis on nuclear safeguards".

 

The legislation on this cooperative scientific endeavour says that the programme will be consistent with the Nuclear Non-Proliferation Treaty and that all activities of Washington being consistent with obligations under the NPT.