U.S. Nuclear Cooperation with India: Issues for Congress
February 14, 2011 - RL33016
India, which has not signed the nuclear Nonproliferation Treaty and does not have International Atomic Energy Agency safeguards on all of its nuclear material, exploded a "peaceful" nuclear device in 1974, convincing the world of the need for greater restrictions on nuclear trade. The United States created the Nuclear Suppliers Group (NSG) as a direct response to India's test, halted nuclear exports to India a few years later, and worked to convince other states to do the same. India tested nuclear weapons again in 1998. However, President Bush announced July 18, 2005, he would "work to achieve full civil nuclear energy cooperation with India" and would "also seek agreement from Congress to adjust U.S. laws and policies," in the context of a broader partnership with India. U.S. nuclear cooperation with other countries is governed by the Atomic Energy Act (AEA) of 1954 (P.L. 95-242). However, P.L. 109-401, which President Bush signed into law on December 18, 2006, allows the President to waive several provisions of the AEA. On September 10, 2008, President Bush submitted to Congress, in addition to other required documents, a written determination that the P.L. 109-401's requirements for U.S. nuclear cooperation with India to proceed had been ...