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  For Immediate Release  
July 26, 2006
 
Statement of Representative Howard Berman (CA-28)
STATEMENT OF REP. BERMAN ON H.R. 5682, THE
U.S.-INDIA NUCLEAR COOPERATION PROMOTION ACT
Statement for general debate on the bill
 
Washington, D.C. - Mr. Chairman, I’d like to commend the Chairman and Ranking Member of the Committee – and their staffs – for their hard work on this legislation, and for working with me to accommodate some of my concerns.
 
There's no question this bill is a major improvement over the Administration’s legislative proposal. 
 
The most important change is that Congress will have the opportunity to approve a nuclear cooperation agreement by majority vote once it has been concluded.
 
It also includes some other important provisions.
 
But having said that, I remain deeply concerned that this nuclear deal will complicate our efforts to prevent the spread of weapons of mass destruction.
 
Not because I think India is going to become a major proliferator.
 
But because once you change the long-established nonproliferation rules for the benefit of one country – even a friendly democracy like India – then it becomes much easier for other countries to justify carve-outs for their special friends.
 
I wouldn’t be so concerned about setting a bad precedent if there were some compelling nonproliferation “gain” in the agreement.
 
But I just don’t see it.
 
Later today, Rep. Tauscher and I will offer an amendment to provide that missing piece of the puzzle. 
 
Our amendment, based on a proposal by former Senator Sam Nunn, would allow exports of nuclear reactors and other technology to India after a nuclear cooperation agreement has been approved by Congress.
 
But it would restrict exports of uranium and other nuclear reactor fuel until the President determines that India has halted the production of fissile material for use in nuclear weapons.
 
Notwithstanding the fact that our amendment is very similar to the Administration’s original negotiating position, opponents will argue that it is a “deal-killer” because it is supposedly unacceptable to the Indian side.
 
With all due respect, I would ask my colleagues to carefully consider whether that should be the most important factor in making a decision on this critical issue.
 
Opponents of our amendment may also try to argue that it would somehow put American companies at a disadvantage.
 
Let me assure you that this has no basis in fact.
 
The 45-nation Nuclear Suppliers Group must approve a special exemption for India before the U.S. or any other country can make nuclear exports.
 
Since the NSG operates by consensus, the U.S. has the power to block any proposed exemption that doesn’t create a level playing field.
 
Mr. Chairman, I come at this as someone who is unabashedly pro-India, and I strongly support efforts to strengthen the U.S.-India strategic partnership.
 
I also accept the fact that India has nuclear weapons, will never give up those weapons, and will probably never sign the Nuclear Non-Proliferation Treaty.
 
And I welcome civilian nuclear cooperation with India – as long as it is done in a responsible way that doesn’t undermine our credibility as a leader in the fight against proliferation.
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