Bill to clear path for N-deal in US Congress today

The all-important legislation, called ‘The President’s India Civilian Nuclear Bill’, will be introduced in the Senate by its Foreign Relations Committee Chairman, Richard Lugar. A number of India-friendly Congressmen are expected to co-sponsor the bill, once it’s introduced.

The bill follows the understanding—announced during US President George W Bush’s visit to India earlier this month—to firm up a civilian nuclear deal between the two countries.

The bill seeks an India-specific waiver from some of the provisions in the Atomic Energy Act 1954 that do not permit nuclear trade with countries which are not committed to full-scope safeguards. The sections, where the bill seeks a waiver:

• Section 123 (a) (2) of Atomic Energy Act: This section is meant for cooperation with non-nuclear weapon states and hence, Bill to clear road to N-deal will be moved in US Congress requires full-scope safeguards, which means that all reactors will be under safeguards. Given that India will have a strategic weapons programme, a Congressional waiver is needed.

• Section 128 and 129: The first section again reiterates full-scope safeguards for recipient states, while Section 129 does not permit exports to a country that has detonated a nuclear device after March 10, 1978. India falls in this category, hence the waiver. The Presidential exemption requires approval by both chambers of the Congress through a joint resolution.

At the same time, the bill—a draft copy of which is with The Indian Express—states that the agreement ‘‘shall not be effective’’ if the US President ‘‘determines that India has detonated a nuclear explosive device after the date of enactment of this act’’.

The timeline drawn up for the bill suggests voting is likely to take place in April or early May. The strength of the House of Representatives is 435, while that of the Senate is 100. The entire process is expected to be completed before May-end as desired by the Bush Administration when it sent the draft proposal to the Congress last week.

Hearing in both the committees is expected to start soon after the Congress meets following the week-long St. Patrick’s Day recess beginning this weekend. Earlier this week, Hyde had said hearings in the House International Relations Committee would begin later in March.

What’s in the bill

• The bill, if approved by the Congress, would allow the American Government to supply nuclear technology and fuel to India for civilian purposes. Section ‘a’ of the bill seeks an India-specific waiver, while section ‘b’ refers to the various steps taken by India like the formalising of a separation plan and a domestic legislation tightening export controls.

• The Bill clearly states that anÿ‘‘agreement has entered into force between India and the IAEA requiring the application of safeguards’’. New Delhi will, thus, have to conclude this agreement with IAEA soon. It also needs India to have made ‘‘satisfactory progress’’ towards implementing an IAEA additional protocol .ÿÿ ÿ* India and the IAEA have made satisfactory progress towards implementing an additional protocol that would apply to the Indian civil nuclear programme, the bill says, adding the US is working with it for the conclusion of a multi-lateral Fissile Material Cutoff Treaty.

‘‘India is ensuring that the necessary steps are being taken to secure nuclear materials and technology through the application of comprehensive export control legislation and regulations, and through harmonisation and adherence to the Missile Technology Control Regime and Nuclear Suppliers Group Guidelines,’’ the bill says.

• Another significant element of the Bill, which is a clear indication of India’s role in the Iran nuclear issue, is the observation that India is ‘‘supporting international efforts to prevent the spread of enrichment and reprocessing technology’’.

While Hyde had indicated earlier that the Congress ‘‘may seek conditions’’ before giving approval to this ‘‘complex agreement’’, Lantos was more positive calling it a ‘‘breakthrough’’ in the relationship between the world’s oldest and largest democracies.