N-deal journey begins, up the Washington Hill

Congressional sources told The Indian Express that the proposal, seeking amendment of the Atomic Energy Act 1954—as amended in 1974—has been submitted to the Foreign Relations Committee of the US Senate and the International Relations Committee.

For the US to help India with civilian nuclear technology, the Congress needs to make amendments to Sections 123, 128 and 129 of the Atomic Energy Act that prohibits the US from sale of nuclear technology to countries which have not signed the NPT, refuse to allow full-scope safeguards and develop nuclear weapons in defiance.

One of the most significant aspects of this proposal is the legislative provision that empowers the US President to declare this agreement and amendments in the Act “null and void” if he determines after its enactment that India has detonated a nuclear explosive device.

Sources said the amendment proposal is strictly India-specific and the Bush Administration promises that this would “not” be considered a precedent for any other country in the future. Hearings on the proposal would begin soon—as early as next week—in both Senate Foreign Relations Committee and the US House Committee on International Relations.

Notably, both Henry Hyde, the House International Relations Committee Chairman and Richard Lugar, chairman of Senate Foreign Relations Committee, have been critical of the nuke deal with India.

“It is the responsibility of this Committee to thoroughly examine the specific provisions of this agreement and its potential consequences for the US interests and those of the international community,” Hyde had said earlier.

In its proposal, the Bush administration has requested the Congress for a decision on this before the end of May so it can table before the Nuclear Suppliers Group a proposal to exempt India from the existing guidelines that prevents the 45-member NSG—including the United States—to indulge in trade of nuclear technology with any country outside the NPT purview.

In its draft proposal, the administration has listed out the steps being taken by India and the US in this regard. This refers to the recent understanding reached between the two countries about the separation of India’s nuclear facilities into civil and military.

It says India has informed the International Atomic Energy Agency (IAEA) about its separation plan.

Informing the Congress that India and the IAEA are making satisfactory progress towards implementing an additional protocol that would apply to the Indian civilian nuclear programme, the proposal said India is also working with it for the conclusion of a multilateral Fissile Material Cutoff Treaty.

It assured the Congress that India is supporting international effort to prevent the spread of enrichment and reprocessing technology. “India is ensuring that necessary steps are being taken to secure nuclear materials and technology though the application of comprehensive export control legislation and regulations and through harmonization and adherence to the Missile Technology Control Regime and Nuclear Suppliers Group Guidelines,” it said.

What the draft says

• Seeks amendment of the US Atomic Energy Act that prohibits US from sale of nuclear technology to countries which have not signed the NPT, refuse to allow full-scope safeguards and develop nuclear weapons in defiance.

• US President has power to scrap agreement if after its enactment India detonates a nuclear explosive device.

• India-specific, “not” to be considered a precedent

• Congress asked to decide before May end so that it can be tabled to the 45-member Nuclear Suppliers Group

• India has informed IAEA about the separation plan