AllahoAkbar! Ppl here are pretty confused. Shaurya, I did not CHANGE my post. When I saw that you were confused about what is in the 123 agreement, I tried to explain that the Civilian Nuclear Energy agreement BETWEEN INDIA AND THE US has nothing about Iran etc. etc.
It may be useful to get clear what is what here. From Wikipedia:
See circa Page 60:
Sec 123. Cooperation With Other Nations–No cooperation with any nation or regional defense
organization pursuant to sections 53, 54a, 57, 64, 82, 91, 103, 104, or 144 shall be undertaken until–
a. the Commission or, in the case of those agreements for cooperation arranged pursuant to subsection
91c. or 144b. which are to be implemented by the Department of Defense, the Department of Defense has
submitted to the President the proposed agreement for cooperation, together with its recommendations thereon,
which proposed agreement shall include (1) the terms, conditions, duration, nature, and scope of the
cooperation; (2) a guaranty by the cooperating party that security safeguards and standards as set forth in the
agreement for cooperation will be maintained; (3) except in the case of those agreements for cooperation
arranged pursuant to subsection 91c., a guaranty by the cooperating party that any material to be transferred
pursuant to such agreement will not be used for atomic weapons, or for research on or development of atomic
weapons or for any other military purpose; and (4) a guaranty by the cooperating party that any material or any
Restricted Data to be transferred pursuant to the agreement for cooperation will not be transferred to
unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement
for cooperation;
b. the President has approved and authorized the execution of the proposed agreement for cooperation,
and has made a determination in writing that the performance of the proposed agreement will promote and will
not constitute an unreasonable risk to the common defense and security;
c. the proposed agreement for cooperation, together with the approval and the determination of the
President, has been submitted to the Joint committee and a period of thirty days has elapsed while congress is
in session (in computing such thirty days, there shall be excluded the days on which either House is not in
session because of an adjournment of more than three days): Provided, however, That the Joint Committee,
after having received such agreement for cooperation, may by resolution in writing waive the conditions of all
or any portion of such thirty-day period; and
d. The proposed agreement for cooperation together with the approval and determination of the President,
if arranged pursuant to subsection 91c; 144b., or 144c., or if entailing implementation of sections 53, 54a, 103
or 104 in relation to a reactor that may be capable of producing more than five thermal megawatts or special
nuclear material for use in connection therewith, has been submitted to the Congress and referred to the Joint
Committee and a period of sixty days has elapsed while congress is in session (in computing such sixty days,
there shall be excluded the days on which either House is not in session because of an adjournment of more
than three days), but any such proposed agreement for cooperation shall not become effective if during such
sixty-day period the congress passes a concurrent resolution stating in substance that it does not favor the
proposed agreement for cooperation: Provided, That prior to the elapse of the first thirty days of any such sixtyday
period the Joint committee shall submit a report to the Congress of its views and recommendations
respecting the proposed agreement and an accompanying proposed concurrent resolution stating in substance
that the Congress favors, or does not favor, as the case may be, the proposed agreement for cooperation. Any
such concurrent resolution so reported shall become the pending business of the House in question (in the case
of the Senate the time for debate shall be equally divided between the proponents and the opponents) within
twenty-five days and shall be voted on within five calendar days thereafter, unless such House shall otherwise
determine.
Nows there is an additional caveat:
In the case of those agreements for cooperation
arranged pursuant to subsection 91c., 144b., 144c., or 144d.,114 any
proposed agreement for cooperation shall be submitted to the President by
the Secretary of Energy or, in the case of those agreements for
cooperation arranged pursuant to subsection 91c., or 144b., which are to
be implemented by the Department of Defense, by the Secretary of
Defense:
b. the President has submitted text of the proposed agreement for
cooperation, except an agreement arranged pursuant to section 91c.,
144b., 144c., or 144d. of section 144,115 together with the accompanying
unclassified Nuclear Proliferation Assessment Statement, to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives, the President has
consulted with such Committees for a period of not less than thirty days
of continuous session (as defined in section 130g. of this Act) concerning
the consistency of the terms of the proposed agreement with all the
requirements of this Act, and116 the President has approved and authorized
the execution of the proposed agreement for cooperation and has made a
determination in writing that the performance of the proposed agreement
will promote and will not constitute an unreasonable risk to, the common
defense and security;
Submittal to
congressional
committees.
c. the proposed agreement for cooperation (if not an agreement subject
to subsection d.), together with the approval and determination of the
President, has been submitted to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations.
..President pursuant to subsection a. from any requirement contained in that
subsection shall not become effective unless the Congress adopts, and
there is enacted, a joint resolution stating that the Congress does favor
such agreement.119 During the sixty-day period the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate shall each hold hearings on the proposed
agreement for cooperation and submit a report to their respective bodies
recommending whether it should be approved or disapproved.120 Any
such proposed agreement for cooperation shall be considered pursuant to
the procedures set forth in section 130i. of this Act.121
42 USC 2121.
42 USC 2164.
Agency views to
Congressional
Committees.
Following submission of a proposed agreement for cooperation
(except an agreement for cooperation arranged pursuant to subsection
91c., 144b., 144c., or 144d.) to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate, the Nuclear Regulatory Commission, the Department of
State, the Department of Energy, and the Department of Defense shall,
upon the request of either of those committees, promptly furnish to those
committees their views as to whether the safeguards and other controls
contained therein provide an adequate framework to ensure that any
export as contemplated by such agreement will not be inimical to or
constitute an unreasonable risk to the common defense and security.
If, after the date of enactment of the Nuclear Non-Proliferation Act of
1978, the Congress fails to disapprove a proposed agreement for
cooperation which exempts the recipient nation from the requirement set
such failure to act shall constitute a failure
to adopt a resolution of disapproval pursuant to subsection 128b.(3) for
purposes of the Commission’s consideration of applications and requests
under section 126a.(2) and there shall be no congressional review
pursuant to section 128 of any subsequent license or authorization with
respect to that state until the first such license or authorization which is
issued after twelve months from the elapse of the sixty-day period in
which the agreement for cooperation in question is reviewed by the
Congress.122
That last part says:
Speak now or shut up onlee
so the pressure is on Congress. The "when first license comes up for review" is the Snail Darter clause - it will get slipped through as some part of an all-or-nothing Social Security or Troop Salary Authorization Bill that no Congress dares shoot down.
This was how the Snail Darter was defeated and the Tennessee Valley megadam project approved.
Also, for purposes of clarifikashun, the Hyde Act is an act APPROVING the intent to pursue a 123 agreement with India. It is NOT the US-India Peaceful etc. agreement itself.
IOW, the Hyde Act is the equivalent of
Here are the car keys
as opposed to
Permission to feign sudden loss of power in car at suitable remote location, leading to sudden thirst and remembrance of 6-pack in trunk.
Many stringent conditions will be spoken upon granting permission to take the keys, most of which are irrelevant to actually finding way into driver's seat and getting garage door opened.
Failure to stop the car by Daddy-O means, "next review is when the phone call comes in about someone being pregnant".