
President Bush’s announcement of a cooperative agreement with India on
nuclear power generation technology should have come as no surprise. As
early as 2001 the Bush Administration was looking at ways of expanding
the American relationship with India. The 2004 India-U.S. Next Step
initiative suggested a ‘presumption of approval’ for American dual use
nuclear equipment exports to India, and that policy is essentially what
the Bush Administration’s agreement with India attempts to accomplish.
However, the Administration’s initiative is not legal under current
American law, and poses a significant danger of collapsing the core
obligations of the Nuclear Non-Proliferation Treaty (NNPT) – the
central source of authority for global non-proliferation, and the very
treaty under which the Administration currently seeks to refer Iran to
the Security Council. In order for the Administration to open India to
American exports of nuclear technology, the Congress will have to pass
a concurrent resolution waiving several provisions of the Atomic Energy Act. (for details Download CRS Report).
There are significant reasons why Congress should not do so. The most
salient being the damage it would do international reliance on core
commitments of the NNPT, and the resulting encouragement of nuclear
proliferation and regional escalation, especially in Asia.