Summary of Debate on US-India Nuclear Trade Bill
On November 16, 2006, the US Senate debated and passed the US-India nuclear deal bill by a vote of 85 yeas to 12 nays (vote # 270). The bill exempts India from certain requirements of the Atomic Energy Act of 1954.
The Senate bill S. 3709 is now marked as H.R. 5682 and is expected to be conferenced with the House version of H.R. 5682 in the next few weeks to reconcile the differences between the House and Senate version of the bill. Both House and Senate must vote to approve the finalized version of the legislation.
The major reason for passage of the bill was strengthening ties between India as the largest democracy and the United States as the oldest democracy and for bringing India into the non-proliferation regime.
Main reasons for opposition to the bill included concerns that creating an exception for India in US laws would undermine the non-proliferation norm and enable India to increase its nuclear weapons capability.
Following are the amendments that were adopted:
Lugar (for Obama) amendment (#5169): to clarify United States policy in order to deter nuclear testing by foreign governments.
Lugar (for Harkin) amendment (#5173): to make the waiver authority of the President contingent upon a determination that India is fully and actively participating in United States and international efforts to dissuade, sanction, and contain Iran for its nuclear program consistent with United Nations Security Council resolutions.
Lugar (for Bingaman) amendment (#5179): to require as part of the implementation and compliance report an estimate of uranium use and an analysis of the production rate of nuclear explosive devices.
Lugar (for Bingaman/Domenici) amendment (#5180): to establish a United States-India scientific cooperative threat reduction program.
These amendments were included in the text of the bill passed by the Foreign Relations Committee. This updated version of the bill was agreed to by unanimous consent (and offered through Lugar amendment #5168).
Following are the amendments that were rejected:
Bingaman Amendment (#5174): to require a Presidential determination, prior to exporting sensitive nuclear technology and equipment to India, that the US and India are taking steps to conclude a multilateral fissile material cut-off agreement, and a Presidential determination prior to exporting nuclear material or fuel to India, that India has stopped producing fissile material pursuant to a unilateral or multilateral moratorium agreement.
Vote: 73 nays - 26 yeas vote #265).
Details of debate available through S10998-S11001, S11008-09
Dorgan Modified Amendment (#5178): to declare that it is the policy of the United States to continue to support implementation of United Nations Security Council Resolution 1172 (1998) (stating that nuclear tests by India and Pakistan constitute a “threat to global efforts towards nuclear non-proliferation and disarmament” and urging India and Pakistan “immediately to stop their nuclear weapon development programs, to refrain from weaponization or from the deployment of nuclear weapons, to cease development of ballistic missiles capable of delivering nuclear weapons and any further production of fissile material for nuclear weapons”).
Vote: 71 nays – 27 yeas (vote #266)
Details of debate available through S11001, S11003-05, S11006, S11009
Dorgan Amendment (#5182): to require as a precondition to United States-India peaceful atomic energy cooperation a determination by the President that India has committed to certain basic provisions consistent with United States non-proliferation goals and the obligations and political commitments undertaken by State Parties to the Nuclear Non-Proliferation Treaty.
Voice vote
Details of debate available through S11005-06, S11006-08, S11009
Ensign Amendment (# 5181): to ensure that IAEA inspection equipment is not used for espionage purposes.
Vote: 71 nays-27yeas (vote #267)
Amendment debated in closed session.
Feingold amendment (#5183): to require as a precondition to United States-India peaceful atomic energy cooperation determinations by the President that United States nuclear cooperation with India does nothing to assist, encourage, or induce India to manufacture or acquire nuclear weapons or other nuclear explosive devices.
Vote 71 nays-21yeays (vote #268)
Details of debate available through S11010-16, S11020
Boxer Amendment (#5187): to make the waiver authority of the President contingent upon a certification that India has agreed to suspend military-to-military cooperation with Iran, including training exercises, until such time as Iran is no longer designated as a state sponsor of terrorism.
Vote: 59 nays-38 yeas (vote #269)
Details of debate available through S11016-20, S11020-21
The bill was debated and passed in the Senate, overcoming possible last-minute hurdles (including potential concerns that a intelligence report had not fully responded to a Congressional request for an assessment of the implications of the US-India nuclear trade deal and that all members of the Senate Foreign Relations Committee may not have had adequate time to review the report).
Pursuing to provision included in both the House and Senate versions of the bill, the Senate and House will vote on this issue again once the implementation agreement between the United States and India is negotiated and submitted to Congress.
