US-India Nuclear Cooperation Must Abide by US Law

Press Release

Amid reports that the Bush administration may have capitulated to India's demands regarding nuclear cooperation, Representative Edward J. Markey (D-MA) sent a letter to President Bush, signed by 22 other members of Congress, reiterating that any inconsistencies between the so-called 123 agreement, U.S. law and the underlying intent and purpose of the Hyde Act will put final congressional approval in doubt. Cosigners on the letter include both members who originally supported and originally opposed nuclear cooperation with India, showing that the desire of Congress to defend the law transcends the differences which existed during the debate over the Hyde Act in 2006.

Rep. Markey said, "The Congress passed the Hyde Act less than a year ago, settling minimum conditions that must be met for nuclear cooperation with India, as well as the non-negotiable restrictions on such cooperation. These conditions and restrictions are not optional nor are they advisory; they were passed by the Congress and signed by the President. If the 123 agreement has been intentionally negotiated to side-step or bypass the law and the will of Congress, final approval for this deal will be jeopardized."

The members wrote "to underscore the necessity of abiding by the legal boundaries set by Congress" for nuclear cooperation, and to again warn that India's growing economic and military ties to Iran could imperil congressional approval of the nuclear deal. They remind the president that "The Agreement for Nuclear Cooperation is subject to the approval of Congress, and any inconsistencies between the Agreement and the relevant US laws will call congressional approval deeply into doubt."

Among the bipartisan cosigners are: Rep. Howard Berman (Senior member of the Foreign Affairs Committee), Rep. Brad Sherman (Chairman of the Terrorism, Nonproliferation, and Trade Subcommittee), Rep. Dan Burton (Senior member of the Foreign Affairs Committee), Rep. Ellen Tauscher (Chairwoman of the Strategic Forces Subcommittee), Rep. Jeff Fortenberry, Rep. Henry Waxman (Chairman of the Oversight and Government Reform Committee), and Rep. Jane Harman (Chairwoman of the Intelligence Subcommittee).

"The President cannot re-write laws during a closed-door negotiation session with a foreign government. Though some of us disagreed during last year's debate over nuclear cooperation with India, all of us are intent on defending the prerogatives of Congress and reinforcing that the law must be followed without exceptions," Rep. Markey concluded.

Before any nuclear cooperation can commence between the U.S. and India, Congress must pass final approval of the deal. Among other remaining hurdles, India must negotiate a permanent and unconditional safeguards agreement with the International Atomic Energy Agency, and the U.S. must obtain consensus agreement from the 45 members of the Nuclear Suppliers Group to change their guidelines to allow transfers to India.

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