[Congressional Record Volume 152, Number 101 (Thursday, July 27, 2006)]
[Extensions of Remarks]
[Pages E1562-E1563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   UNITED STATES AND INDIA NUCLEAR COOPERATION PROMOTION ACT OF 2006

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                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Wednesday, July 26, 2006

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 5682) to 
     exempt from certain requirements of the Atomic Energy Act of 
     1954 a proposed nuclear agreement for cooperation with India:

  Mr. UDALL of Colorado. Mr. Chairman, I rise in qualified support of 
this legislation.
  India is the world's largest and most diverse democracy and a strong 
ally and friend of the United States. As a member of the India Caucus, 
I recognize the benefits of increased economic, security, and cultural 
cooperation between India and the United States and am proud that in 
recent years the relationship between our two countries has made rapid 
advances in so many areas.
  Because of the growing importance of that relationship, it made sense 
for the Bush Administration to consider expanding the U.S.-India 
strategic partnership to include civilian nuclear energy development. 
In the context of our friendship with India, I support the concept of 
civilian nuclear cooperation, and I will support this legislation 
today.
  U.S. law prohibits nuclear cooperation with countries that have not 
pledged under the Nuclear Nonproliferation Treaty--like India--to forgo 
nuclear weapons. H.R. 5682 carves out an exception for India to allow 
it to gain access to long-denied civilian nuclear technology in 
exchange for opening 14 out of 22 of its nuclear facilities to 
inspections under the International Atomic Energy Agency. Importantly, 
the bill requires that India and the International Atomic Energy Agency 
negotiate a safeguards agreement and that the Nuclear Suppliers Group 
approve an exemption for India before Congress votes on the final 
cooperation agreement. That means Congress will have a chance to vote 
up or down once more, this time on the final negotiated agreement. I 
think that's the right approach.
  In exchange for getting access to sensitive nuclear technology and 
fuel supplies, India has promised to continue the moratorium on nuclear 
weapons testing, to separate its civilian and military nuclear programs 
and not to transfer the nuclear technology to third parties.
  But the deal would not prevent India from ramping up its military 
nuclear program. Whether or not India actually begins building more 
nuclear arms is less important than the fact that it will have the 
capability to do so, and it is unclear what actions countries like 
China and Pakistan might take in response to that new reality.
  I tend to agree the statement by Rep. Berman (D-CA) in his additional 
views on H.R. 5682 that ``only a halt on fissile material production 
would make this deal a net plus for nonproliferation.'' In the July 
2005 joint statement between President Bush and Prime Minister Manmohan 
Singh, India committed to ``assume the practices and responsibilities'' 
of other advanced nuclear powers. With four of the five recognized 
nuclear weapons states already having stopped producing fissile 
material for nuclear weapons and China believed to have halted 
production, it would seem that India should be able to ``assume'' this 
important practice.
  Yet the agreement itself does not include any promise by India to 
cease its production of fissile materials. So I remain concerned about 
the potential effects of the agreement on our broader nonproliferation 
goals, since the real has ramifications far beyond the U.S.-India 
relationship. That's why I supported an amendment based on a proposal 
by former Senator Sam Nunn to allow the exports of nuclear reactors and 
technology to India but not the transfers of reactor fuel until it had 
been determined that India had halted the production of fissile 
material for its weapons program.
  We must try to strike the right balance between strengthening our 
relationship with India and also maintaining our robust and time-tested 
international nuclear nonproliferation regime. I will support the bill 
today, but once the

[[Page E1563]]

agreement has been negotiated and before Congress takes its final vote 
on the deal, I plan to carefully scrutinize the agreement to ensure 
that it strikes a balance I can support.

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