[Congressional Record Volume 154, Number 156 (Sunday, September 28, 2008)]
[Extensions of Remarks]
[Pages E2117-E2118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL AND NONPROLIFERATION 
                            ENHANCEMENT ACT

                                 ______
                                 

                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Friday, September 26, 2008

  Mr. UDALL of Colorado. Mr. Speaker, I rise in 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. The U.S.-India agreement 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, India and the International Atomic Energy Agency, IAEA, 
have negotiated a safeguards agreement and the 45-nation Nuclear 
Suppliers Group has approved an exemption for India, requirements that 
needed to be met before Congress could vote on the final cooperation 
agreement.

[[Page E2118]]

  Under existing law, Congress would have 60 days to consider the 
agreement, an important provision given that the agreement before us is 
complex and requires time for hearings and debate. But because there is 
little time left on the legislative calendar, we're forced to vote to 
waive the consultation period and consider the agreement today without 
the benefit of sufficient review. The bill is also being considered 
under suspension of the rules, which provides for only limited debate 
and no amendments.
  Mr. Speaker, I am uncomfortable with this process. I am also 
disappointed that the legislation does not resolve what appear to be 
conflicting interpretations between U.S. officials and Indian officials 
about key points of the agreement. But I do believe that ultimately 
this agreement will help bring India closer to the global 
nonproliferation regime--a better outcome than if we leave it on the 
outside. And fo that reason, I will support this legislation today.
  In exchange for getting access to sensitive nuclear technology and 
fuel supplies, India has committed to continue its moratorium on 
nuclear weapons testing; separate its civilian and military nuclear 
programs; place all current and future civil nuclear facilities under 
IAEA safeguards; implement a strong national export control system; 
work with the U.S. to conclude a multilateral Fissile Material Cutoff 
Treaty; and not transfer nuclear technologies to states that do not 
already possess them. Although the agreement does not specifically 
require the U.S. to cut off nuclear cooperation if India tests another 
weapon or violates the IAEA safeguards, Secretary Rice has promised 
that the ``deal . . . would at that point be off.'' I have no doubt 
that an Obama or McCain administration would follow that same course. I 
have confidence that as a strong democracy and a responsible actor on 
the world stage, India will abide by its commitments--but I also take 
comfort in the agreement's stipulations that we can terminate the 
agreement and seek the return of any transferred materials and 
technology should circumstances require such a step.
  So in conclusion, I believe this agreement strikes 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 I plan to carefully 
scrutinize the agreement's implementation to ensure that India is 
abiding by its commitments.

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