U.S. Nuclear Cooperation with India: Issues for Congress [February 4, 2010]   [open pdf - 413KB]

"U.S. nuclear cooperation is governed by the Atomic Energy Act (AEA). P.L. 109-401, which President Bush signed into law on December 18, 2006, provides waivers of several provisions of the AEA (Sections 123 a. (2), 128, and 129). [...] On September 27, 2008, the House passed H.R. 7081, which approved the agreement. The Senate Committee on Foreign Relations approved identical legislation, S. 3548, September 23. The Senate passed H.R. 7081 October 1. President Bush signed P.L. 110-369 into law October 8. Secretary of State Condoleezza Rice and India's External Affairs Minister Shri Pranab Mukherjee signed the agreement October 10, and it entered into force December 6, 2008. However, several steps remain before U.S. companies can start nuclear trade with India. For example, P.L. 110-369 requires that, before the Nuclear Regulatory Commission can issue licenses for U.S. nuclear exports to India, the President must determine and certify to Congress that New Delhi's IAEA [International Atomic Energy Agency] safeguards agreement has entered into force and that India's declaration of its nuclear facilities to the agency 'is not materially inconsistent with the facilities and schedule' described in a separation plan that New Delhi provided to Washington. India's safeguards agreement entered into force in May 2009, and New Delhi has filed the declaration with the IAEA. The President submitted the required certifications to Congress February 3. Furthermore, U.S. firms will likely be very reluctant to engage in nuclear trade with India if the government does not become party to the Convention on Supplementary Compensation for Nuclear Damage, which has not yet entered into force. India also is reportedly insisting that New Delhi and Washington conclude an agreement on a reprocessing facility in India before New Delhi signs contracts with U.S. nuclear firms."

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CRS Report for Congress, RL33016
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