The Wisdom Of Creating An 'India exception'

Opening Statement of Senator Joseph R. Biden, Jr.:Hearing of April 5, 2006: U.S.-India Atomic Energy Cooperation

Thank you, Mr. Chairman. Today’s hearing is important, and the issues beforeus are difficult. 

The President, building on the work of President Clinton, has made a majorstrategic decision to develop a close partnership with India. I believe that mostmembers of Congressembrace that effort. But many of us have questions about the wisdom of creating an "India exception"to the existing law on nuclear exports.

I sympathize with what the President is trying to do.

• India has maintained its democracy for more than half a century in aland of great religious and political diversity.
  
  
• India has built a dynamic middle class and, in the last 15 years,embraced the global economy.
  
  
• India is a dominant regional power and a respected internationalvoice, and it is working to improve relations with both China and Pakistan.
  
  
• And India will soon become the most populous country in the world. 

Should the United States seek closer relations with India? Without a doubt, itshould. But India’s nuclear weapons raise difficult questions:

• India refused to sign the Nuclear Non-Proliferation Treaty and builtnuclear weapons. What impact will the India nuclear deal have on the NPT regime?
  
  
• The plutonium for India’s first weapons came from a Canadianreactor, using U.S. heavy water, that India had promised to use only for peaceful purposes. Will thecurrent deallead to diversion from civil to military uses?
  
  
• There are allegations that India has engaged in covert procurement ofequipment for its nuclear weapons program. If so, then is India really prepared to crack downonproliferation?
  
  
• Isolating India’s nuclear program for over 30 years failed to makeIndia give up its nuclear weapons, but it succeeded in limiting the size and sophistication ofIndia’snuclear weapons and nuclear power programs. What impact will this deal haveonIndia’s nuclear weapons program? 

After all these years, it is probably time to admit that India will keep itsnuclear weapons ... and to help India find a new relationship to the world in nuclearmatters.

But there are lines that the India nuclear deal, made by an Administrationacting often, if understandably, in secret and sometimes in haste, must not cross: 

• We must not assist India’s nuclear weapons program ... not becauseIndia is an adversary,  which it is not, but because nuclear non-proliferation is a vital U.S.national interest, aswell as a formal treaty obligation.
  
  
• We must not undermine world support for the nuclear non-proliferationregime by saying that nuclear weapons are fine for our friends.
  
  
• We must not encourage rogue states – and I stress that India is nota rogue state – by creating the sense that we only oppose proliferation until it succeeds, andthen make ourpeace with new nuclear powers.

Congress should not give up its powers under existing law without knowing what aU.S.- India peaceful nuclear cooperation agreement and India’s safeguardsagreements with the IAEAwill contain. Let’s be clear: the India nuclear deal could go forward without changing thelaw.

A peaceful nuclear cooperation agreement with India would simply requireapproval by joint resolution – a majority in each house of Congress. But the Administration seeks a special exemption from the law, to allow theagreement to proceed unless Congress enacts a resolution of disapproval, which wouldrequire a two-thirdsvote in each house to override a presidential veto.

Why does the President want to change the law? Does he doubt that he could get amajority to approve the agreement? If so, why? 

I look forward to Secretary Rice’s testimony today and to the testimony ofoutside experts after the recess. 

I am prepared to work with the Administration. I hope that, in the end, I willbe able to support this nuclear deal. But there are still questions to be answered and concerns to be addressed.Assurances must be given, and very likely written into law.

If the President will not trust Congress to act wisely under existing law, thenCongress has a duty to act wisely before it changes the law, to ensure that dealsreached with India andwith the Nuclear Suppliers Group will reinforce nuclear non-proliferation,rather than undermineit. 

America will pursue close relations with India now, and for decades to come. Weshould build that friendship on a firm foundation of mutual interest, trust, andinternational support. Weshould take the time to do it right.