Following are the key provisions of the US legislation to implement the Indo-US civilian nuclear deal reconciled by the House-Senate Conference Committee:
- The Henry J Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 will secure India's:
a) Full participation in the Proliferation Security Initiative.
b) Formal commitment to the Statement of Interdiction Principles of such initiative.
c) Public announcement of its decision to conform its export control laws, regulations, and policies with the Australia Group and with the guidelines, procedures, criteria and control lists of the Wassaenaar arrangement.
d) Demonstration of satisfactory progress toward implementing the decision described in subparagraph (c).
e) Ratification of or accession to the convention on supplementary compensation for nuclear damage, done at Vienna on September 12, 1997.
It will secure India's full and active participation in the United States' efforts to dissuade, isolate and if necessary sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability, the capability to enrich uranium or reprocess nuclear fuel and the means to deliver weapons of mass destruction.
The bill states that it is the sense of Congress that the US should not seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under United States law.
The US will seek to halt increase of nuclear weapon arsenals in South Asia and to promote their reduction and eventual elimination.
The US will ensure that spent fuel generated in India's civilian nuclear power reactors is not transferred to the US except pursuant to the Congressional review procedures required under section 131 f of the Atomic Energy Act of 1954.
The US will encourage India not to increase its production of fissile material at unsafeguarded nuclear facilities.
Ensure that any safeguards agreement or additional protocol to which India is party with the International Atomic Energy Agency can reliably safeguard any export or re-export to India of any nuclear materials and equipment.
Any nuclear power reactor fuel reserve provided to the government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.
In the binding sections, the bill asks the President to determine that India has provided the US and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programmes, and has filed a declaration regarding its civil facilities and materials with the IAEA.
The President shall submit to the Congress a summary of the plan provided by India to the US and the IAEA to separate India's civil and military nuclear facilities, materials, and programmes. He shall also submit the declaration made by India to the IAEA identifying India's civil facilities to be placed under IAEA safeguards, including an analysis of the credibility of such plan and declaration, together with copies of the plan and declaration.
- The President will give to the Congress a description and assessment of the specific measures that India has taken to fully and actively participate in United States and International efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons capability and the capability to enrich uranium or reprocess nuclear fuel and the means to deliver weapons of mass destruction.
- He will also provide a description of the steps taken to ensure that the proposed US civil nuclear cooperation with India will not in any way assist India's nuclear weapons programme. -- Termination of Nuclear Transfers to India.
- Notwithstanding the entry into force of an agreement for cooperation with India arranged pursuant to section 123 of the Atomic Energy Act of 1954 and pursuant to this title, exports of nuclear and nuclear and nuclear-related material, equipment, or technology to India shall be terminated if there is any materially significant transfer by an Indian persons of:
(1) Nuclear or nuclear-related material, equipment, or technology that is no consistent with Nuclear Supplier's Group guidelines or decisions.
(2) Ballistic missiles or missile-related equipment or technology that is not consistent with MTCR guidelines, unless that President determines that cessation of such exports will be seriously prejudicial to the achievement of United States Nonproliferation objectives or otherwise jeoparadise the common defence and security.