RL33016
U. S. Nuclear Cooperation With India: Issues for Congress
July 29, 2005
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Summary
As part of the 1950s-era Atoms for Peace program, the United States actively promoted nuclear energy cooperation with India from the mid-1950s, building nuclear reactors (Tarapur), providing heavy water for the CIRUS reactor, and allowing Indian scientists to study at U.S. nuclear laboratories. When other nations joined the Nuclear Nonproliferation Treaty (NPT) in 1968, however, India refused to join the treaty on the basis that it was discriminatory. In 1974, India exploded a "peaceful" nuclear device, demonstrating that nuclear technology transferred for peaceful purposes could be used to produce nuclear weapons. As a result, the United States has refused nuclear cooperation with India for twenty-five years and has tried to convince other states to do the same. On July 18, 2005, President Bush announced the creation of a global partnership between the United States and India to promote stability, democracy, prosperity and peace throughout the world. One area of the partnership is civil nuclear energy cooperation. Both leaders recognized the "significance of civilian nuclear energy for meeting growing global energy demands in a cleaner and more efficient manner." President Bush said 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." If implemented, this cooperation would dramatically shift U.S. nonproliferation policy and practice towards India. Such cooperation would also contravene the multilateral export control guidelines of the Nuclear Suppliers Group (NSG), which was formed in response to India's proliferation. At a time when the United States has called for all states to strengthen their domestic export control laws and implementation and for tighter multilateral controls, U.S. nuclear cooperation with India would require loosening its own nuclear export legislation, as well as creating an NSG exception. Although some states may agree that it is necessary to create a new paradigm for India, others may believe that this agreement undercuts the basic bargain of the NPT ? peaceful nuclear cooperation in exchange for forswearing nuclear weapons. Observers note that U.S.-India cooperation could have wide-ranging implications for the international nuclear nonproliferation regime, and could prompt other suppliers, like China, to justify their supplying other non-nuclearweapon states, like Pakistan. Under the terms of the Atomic Energy Act (P.L. 95-242; 42 USC 2153 et seq), Congress must approve an agreement for cooperation. If the Administration chooses to exempt the agreement from statutory nonproliferation criteria (including a requirement that the recipient nation have full-scope nuclear safeguards), both houses of Congress must pass a joint resolution of approval. The Administration alternatively may seek to amend certain portions of the Atomic Energy Act; in particular, it could seek to amend Sections 128 and 129, both of which include nonproliferation criteria. However, the exact procedures depend on the details of cooperation, which are not yet final. This report will be updated as necessary.
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Related Legislation:
- S.128
