The final version of the bill on the India-United States nuclear deal does not have any apparent 'deal breakers' but has several operative portions that could result in termination of the pact if New Delhi conducts a nuclear test or does not give up production of fissile material for nuclear weapons.
Named the 'United States and India Nuclear Cooperation Promotion Act of 2006', it is being taken up by the House International Relations Committee on Tuesday.
It will enable the proposed nuclear agreement for cooperation with India to be exempted from certain requirements of the Atomic Energy Act of 1954.
The bill has three parts -- a sense of the Congress, a statement of general policy and the crucial operative portion containing waivers and determinations.
The first part states that preventing nuclear proliferation, other weapons of mass destruction, the means to produce them, and the means to deliver them are critical objectives for United States' foreign policy.
It also says that sustaining the Nuclear Nonproliferation Treaty and strengthening its implementation, particularly its verification and compliance, is the keystone of United States nonproliferation policy.
The subsequent part of the bill says that it is in the interest of the US to exempt a nation that has not signed the NPT (in this case India) but has developed nuclear weapons, provided it has responsibly herded its nuclear technology, is a democratic nation, and has a foreign policy that is congruent to that of the United States.
Since India fits into this, the US extends the civilian nuclear technology to India.
Besides this, the bill says, such cooperation will induce the country to give greater political and material support to the achievement of United States global and regional nonproliferation objectives.
These objectives include dissuading, isolating and, if necessary, sanctioning and containing states that 1. sponsor terrorism and terrorist groups, and 2. that are seeking to acquire a nuclear weapons capability or other weapons of mass destruction capability and the means to deliver such weapons.
Since India meets the criteria described above, the bill states that it is in the national security interest of the United States to deepen its relationship with the country across a full range of issues, including peaceful nuclear cooperation.
The bill also clearly spells out United States policy with respect to South Asia.
Top on the list is to achieve a moratorium on the production of fissile material for nuclear explosive purposes by India, Pakistan and China at the earliest possible date.
Also to achieve at the earliest date, conclusion and implementation of a treaty banning the production of fissile material for nuclear weapons to which India and United States become parties.
The bill seeks to secure India's full participation in the Proliferation Security Initiative; a formal commitment to the Statement of Interdiction Principles; a public announcement of its decision to conform its export control laws, regulations and policies with the Australia Group and the Guidelines, Procedures, Criteria and Control Lists of the Wassennaar Arrangement.
It also seeks to secure India's full and active participation in United States efforts to dissuade, isolate and if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including nuclear weapons capability (which covers Iran's capability to enrich or process nuclear materials) and the means to deliver weapons of mass destruction.
The policy statement also says it will seek to halt the increase of nuclear weapon arsenals in South Asia and promote their reduction and eventual elimination.
In the operative portion of the bill is a determination by the President of the United States that the following actions have occurred:
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