On the recordNovember 16, 2006
today the Senate is undertaking an important debate on the India Agreement for Civil Nuclear Cooperation. On July 18, 2005, President Bush and Indian Prime Minister Manmohan Singh signed an agreement to resume full civilian nuclear cooperation for the first time since India conducted its initial nuclear test in 1974. Such an agreement will require changes to U.S. law and accommodations with the international community. The Atomic Energy Act of 1954 assures the proper management of source, special nuclear, and byproduct material. Several sections of the AEA are at issue in this agreement, so I would like to take a moment to explain the pertinent provisions. Section 123 of the AEA limits the ability of the United States to enter into agreements with nonweapons states unless the agreement meets a minimum of nine criteria, including a requirement that the recipient country has in place an agreement with the International Atomic Energy Agency, IAEA, to safeguard in perpetuity nuclear material, equipment, and technology so that it will not be diverted for weapons use. This type of agreement is known as a ``full-scope safeguards'' agreement. A 123 Agreement is the precursor to any export license for the nuclear materials, equipment and technology. Section 128 requires that any export license for nuclear materials, technology or equipment contain a requirement that the recipient nonnuclear weapons state maintain IAEA safeguards.
Source
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