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• University of North Texas Libraries

Summary

On July 18, 2005, President Bush announced a global partnership with India to promote stability, democracy, prosperity and peace. The desire to transform relations with India, according to Administration officials, is "founded upon a strategic vision that transcends even today's most pressing security concerns." 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." Administration officials have described the agreement as a "win" for nonproliferation because it would bring India into the nonproliferation mainstream. For thirty years, India has remained outside the mainstream: it rejected the Nuclear Nonproliferation Treaty (NPT) as discriminatory and exploded a "peaceful" nuclear device in 1974 that convinced the world of the need for greater restrictions on nuclear trade. The United States created the Nuclear Suppliers Group 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. Nonproliferation experts have suggested that potential costs to U.S. and global nonproliferation policy of bringing India into the nonproliferation mainstream in this manner may far exceed the benefits. For example, at a time when the United States has called for all states to strengthen their domestic export control laws and for tighter multilateral controls, U.S. nuclear cooperation with India would require loosening its own nuclear export legislation, as well as creating a Nuclear Suppliers Group exception. It would reverse nearly three decades of U.S. nonproliferation policy and practice towards India. Some believe this agreement undercuts the basic bargain of the NPT, could undermine hard-won restrictions on nuclear supply, and could prompt some suppliers, like China, to justify supplying other states outside the NPT regime, like Pakistan. India does not meet nonproliferation criteria for nuclear cooperation under current U.S. law (Atomic Energy Act; P.L. 95-242; 42 U.S.C. 2153 et seq.). As such, the President would have to exempt the agreement from those nonproliferation criteria and submit nuclear exports for congressional review on an annual basis. The President would also have to determine, subject to congressional review, that continued exports were necessary, even though India has tested nuclear weapons and continues its nuclear weapons program. Congress would have to approve such an agreement with a joint resolution. The Administration, which might propose legislation to Congress in early 2006, reportedly prefers to create an exception for India to existing provisions of law through stand-alone legislation. Congress has held four hearings thus far on the global partnership. Some issues raised at those hearings included India's relationship with Iran and its support (or lack thereof) for bringing Iran before the U.N. Security Council, whether nuclear cooperation is an appropriate "carrot" for a much broader strategic relationship, and strategies for strengthening the nonproliferation benefits of such an agreement. This report will be updated as necessary.

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