House passes India nuclear fuel deal

"When we turn to the other countries and we tell them your standards are not high enough, they are going to call us hypocrites."

Ed Markey, US Democratic representative

The US House of Representatives on Friday passed by a overwhelming vote landmark legislation allowing export of civilian nuclear fuel and technology to India for the first time in 30 years.

Lawmakers voted 330-59 on the legislation, which reconciled separate bills adopted by the House and Senate aimed at implementing a nuclear agreement between Indian Prime Minister Manmohan Singh and US President George W. Bush in July last year.

"This truly bipartisan effort is an excellent step forward," said Representative Henry Hyde, the outgoing Republican chairman of the House International Relations Committee. "It recognizes the nuclear reality of India."

Named after the 16-term congressman, the "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006" will now have to be approved by the Senate before Bush signs it into law.

Under the controversial deal, India, a non-signatory of the nuclear Non-Proliferation Treaty (NPT), will be given access to civilian nuclear fuel and technology in return for placing its atomic reactors under global scrutiny.

Congress had to create an exception for India from some of the requirements of the US Atomic Energy Act, which currently bans nuclear sales to non-NPT signatories.

Washington stopped nuclear cooperation with India after it conducted its first nuclear test in 1974.

"This is a historic day for this House and for the United States," said Democratic Representative Tom Lantos, the new chairman of the House International Relations Committee.

However, some lawmakers and weapons experts warned that the deal could make it harder to enforce rules against nuclear renegades like North Korea and Iran and set a dangerous precedent.

"This bill is a historic mistake," countered Democratic Representative Ed Markey, who had vehemently opposed the legislation.

Holding a large picture of Pakistan's disgraced nuclear pioneer Abdul Qadeer Khan, Markey said "A.Q. Khan would accept a deal like that for Pakistan."

"What are we going to say when China offers the same deal to Pakistan? What will we say when the Russians offer the same deal the Iranians," he asked.

"When we turn to the other countries and we tell them your standards are not high enough, they are going to call us hypocrites," said Markey, co-chairman of the House's bipartisan task force on nonproliferation.

The deal still has to clear several hurdles to become effective.

The US and India will now have to frame a comprehensive agreement incorporating all technical elements of the deal and it has to be passed by the US Congress again.

It includes a set of international nuclear safeguards to be approved by the International Atomic Energy Agency, the global nuclear watchdog, and to which India must adhere.

The deal also needs the backing of the influential 45-nation Nuclear Suppliers Group.

Lawmakers had watered down several contentious provisions in the legislation opposed by the US and Indian governments, including one that initially had virtually compelled India to back US efforts to contain the nuclear program of New Delhi's traditional ally Iran.

Indian Prime Minister Singh and US Secretary of State Condoleezza Rice personally lobbied lawmakers at the last minute to ease the "problematic" provisions.

One provision now simply requires the US president to make assessments on whether India backed US efforts to contain Iran's nuclear program. Regardless of that evaluation, the two nations would go ahead with nuclear trade, arms experts said.