The Other Hyphen

WASHINGTON

Critics of US-India civilian nuclear cooperation, while privatelyacknowledging that the deal will eventually be approved by Congress, madeanother bid on Tuesday to put their stamp on the agreement.

A group of 18 arms control advocates shot off a letter to members of theSenate urging them to support amendments that would address "serious flawsthat still plague the proposed US-Indian nuclear trade legislation."

The Senate has yet to approve the civilian nuclear cooperation bill, acompanion of which received bipartisan support and was passed by the House ofRepresentatives in July. Congressional and diplomatic sources expect the Senateto act during the ongoing lame-duck session of Congress, as early as this week.President George W. Bush, and Democratic and Republican leaders in the Senate,have also thrown their weight behind the bill.

Prominent representatives of the nonproliferation lobby noted in their letterthat despite some important adjustments made to the administration’s originalproposal by the Senate Foreign Relations Committee, "the arrangement wouldhave far-reaching and adverse effects on US nonproliferation and securityobjectives."

They suggested the legislation include "further improvements." Theseinclude:

• A determination, prior to resumption of full nuclear cooperation, that India has stopped the production of fissile material (plutonium and highly enriched uranium) for weapons or else joined a multilateral fissile production cutoff agreement;
•  A determination and annual certification that US civil nuclear trade does not in any way assist or encourage India’s nuclear weapons program;
• Measures to ensure that the United States does not continue to provide nuclear assistance directly or through other suppliers in the event that India breaks the nonproliferation commitments outlined on July 18, 2005; and
• A determination that the Government of India (GOI) or GOI-affiliated entities are not engaged in illicit procurement of weapons of mass destruction-related items.

The signatories include former assistant secretary of state fornonproliferation, Robert Einhorn; Daryl Kimball of the Arms Control Association;Joseph Cirincione of the Centre for American Progress; and John D. Holum, formerundersecretary of state for arms control and international security affairs.They said the additional measures were necessary because "India has neitherjoined the nuclear Nonproliferation Treaty (NPT), nor accepted safeguards on allof its nuclear facilities, and India’s nonproliferation policy is not fullyconsistent with the nonproliferation practices and responsibilities expected ofthe original nuclear-weapon states."

The letter to the senators notes that the bill makes clear that if Indiaconducts another nuclear test explosion or otherwise violates the terms of anagreement for nuclear cooperation, US nuclear assistance would be jeopardized. "However, India is insisting that the United States help provide an assurednuclear fuel supply, even in the event that the New Delhi government conducts anuclear test explosion or otherwise violates the terms of a future agreement fornuclear cooperation with the United States. Such a guarantee would beunprecedented and unwise," it said.

According to sources, neither the House nor the Senate bill would exempt theIndian agreement from the "right of return or the right to cease cooperation"in the event of a new Indian nuclear test.

It has been reliably learnt that the US and India made little progress intheir discussions on the 123 Agreement in New Delhi last week. A "123Agreement" is the term for a peaceful nuclear cooperation pact with a foreigncountry under the conditions outlined in Section 123 of the Atomic Energy Act. "The Indian side was not prepared to negotiate and each side reiterated theirprevious points," a source said of the recent meetings, adding, "Differencesabound." The House and the Senate must vote in favour of the 123 Agreementbefore it can enter into force.

Meanwhile, Senator Russ Feingold, a Wisconsin Democrat, voiced his supportfor the concerns raised by the nonproliferation lobby and said he plans tointroduce an amendment that will ensure that US nuclear assistance to India isnot used to develop India's nuclear arsenal. "Without that kind of assurance,a certification by the president that this is the case, I will not be able tosupport it [the accord]," Mr. Feingold told Voice of America.

A single senator could delay the vote on the bill and push it over into thenew Congress where the legislative process will have to start from scratch inboth the House and Senate foreign relations committees. All Senators have twotraditional freedoms - unlimited debate and an unlimited opportunity to offeramendments, relevant or not, to legislation under consideration. This means asenator could attach several amendments and insist these be debated, or speakfor an extended period of time and cause the already hard-pressed lame-ducksession to run out of time. The lame-duck session will break for a two-weekThanksgiving recess at the weekend and then return on December 4 to take upunfinished business.

Indian "cooperation" with the US on Iran will be a key factor indetermining the fate of the nuclear agreement, a source said, adding, "TheIran clause is non-binding but the Indians and the administration would ignoreit at their peril." India has already voted twice, both times with the US,against Iran in the International Atomic Energy Agency. New Delhi contends thatit is not in its interest to have a nuclear Iran in its neighbourhood.

The Congressional Research Service said in a recent report companies in Indiaand Iran appear to have engaged in limited nuclear, chemical and missile-relatedtransfers over the years. It notes that US sanctions have been imposed on Indiancompanies for transfers to Iran as recently as July this year.

Congressman Ed Markey, a Massachusetts Democrat, has asked the Senate not tovote on the nuclear bill until it investigates weapons-related transfers betweenIndia and Iran.