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This is an archive article published on June 25, 2006

N-drafts get non-binding NPT spin

India will have to grin and bear as the US Congress tweaks the language though core is unchanged. That apart, the Congress will fast-track the deal

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While the essence of President George W. Bush8217;s proposals on nuclear cooperation with India will pass muster with the two Congressional committees next week, the Bills are being dressed up in annoying, but non-binding, language on non-proliferation.

Sources here familiar with the draft Bills circulating among the Congressional staff and the Administration say the final language will include references that could range from Iranian proliferation to the centrality of the Non-Proliferation Treaty NPT.

India, which might find some of the language irritating, will have to grin and bear these exhortations on nuclear issues from the US Congress, which is sovereign and a co-equal branch in the American system of government.

As it holds its nerve, New Delhi is likely to concentrate on the substance of the Bill rather than the non-proliferation embroidery that the Congress is stitching around it.

The 8216;8216;mark-up8217;8217; is a crucial stage when the Bills move from the Committees to the full Houses. The good news is that the House International Relations Committee on Tuesday and the Senate Foreign Relations Committee on Wednesday are likely to approve the basic demand of the Bush Administration to exempt India from the American non-proliferation law.

Equally important is the assessment here that 8216;8216;deal-killing8217;8217; amendments planned by opponents of the nuclear deal have found little support. Large majorities are expected to vote in favour of the Bill in the two committees.

The Bills will codify a compromise on the procedure for implementation that has already been hammered out between the Administration and the Congressional leadership.

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Under the compromise, the Congress will have a second look at the deal when the Administration submits the bilateral nuclear cooperation framework with India, often called the 8216;8216;123 agreement8217;8217;.

In return for this concesssion, the Congress has agreed to a 8216;8216;fast-track mechanism8217;8217; to approve the deal. While it will have the right to vote on the so-called 123 agreement, the Congress cannot amend it.

Having yielded on substance to the Bush Administration, which has applied relentless political pressure in favour of the deal, the Congress is asserting its prerogative to decorate the Bills with a whole lot of non-proliferation sentiment.

The preambular section of the draft mark-up Bills highlights the Congressional sense of the significance of the NPT as a cornerstone of global non-proliferation regime. It will also refer to the various criteria on nuclear cooperation with countries like India, which are not members of the NPT.

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A second section on 8216;8216;statement of policy8217;8217; underlines the importance of Indian support to preventing further proliferation to states like Iran, the negotiation of the fissile materials cut-off treaty and the participation in the Proliferation Security Initiative.

Third, the Congress will also expand on the list of political determinations that the president must make to facilitate nuclear cooperation. This includes India8217;s safeguards agreements with the International Atomic Energy Agency and adherence to various multilateral export control regimes.

The Congress is also expected to press for a range of annual reporting requirements from President Bush. The Administration, in defence of its own turf, is resisting the attempt.

Once the legislation reaches the Congress next week, the full House of Representatives is expected to vote early next month. The Senate calendar appears a little more complicated.

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The depth and breadth of support next week in the two committees would determine whether the Bill will be ready for President Bush8217;s signature before the Congress takes the Summer break at the end of July.

 

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