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India–United States Civil Nuclear Agreement

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131-587: The 123 Agreement signed between the United States of America and India is known as the U.S.–India Civil Nuclear Agreement or Indo-US nuclear deal . The framework for this agreement was a July 18, 2005, joint statement by then Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush , under which India agreed to separate its civil and military nuclear facilities and to place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange,

262-585: A 123 Agreement to operationalize the 2005 Joint Statement. As a domestic U.S. law, the Hyde Act is binding on the United States. The Hyde Act cannot be binding on India's sovereign decisions although it can be construed as prescriptive for future U.S. reactions. As per the Vienna Convention , an international agreement such as the 123 Agreement cannot be superseded by an internal law such as

393-640: A U.S. citizen for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times. The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since

524-478: A federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers . Furthermore, there were checks and balances within

655-496: A $ 100 billion (U.S.) business in this sector over the same time period. According to Hindustan Times , nuclear energy will produce 52,000 MW of electricity in India by 2020. More than 150 non-proliferation activists and anti-nuclear organizations called for tightening the initial NSG agreement to prevent harming the current global non-proliferation regime. Among the steps called for were: Section 123 Agreement Section 123 of

786-413: A 19-vote victory. The IAEA Board of Governors approved the safeguards agreement on August 1, 2008, and the 45-state Nuclear Suppliers Group next had to approve a policy allowing nuclear cooperation with India. U.S. President Bush can then make the necessary certifications and seek final approval by the U.S. Congress. There were objections from Pakistan, Iran, Ireland, Norway, Switzerland, and Austria at

917-573: A constructive role. We also adopted a positive and responsible attitude and a safeguards agreement was reached, so facts speak louder ... than some reports". During a press conference in New Delhi, Yang added, "The policy was set much before that. When consensus was reached, China had already made it clear in a certain way that we have no problem with the [NSG] statement." Highlighting the importance of Sino-Indian relations, Yang remarked, "let us [India and China] work together to move beyond doubts to build

1048-560: A point that was factually inconsistent with explicit reassurances made on this subject by Prime Minister, Manmohan Singh, during final parliamentary debate on the nuclear deal. As professor Brahma Chellaney, an expert in strategic affairs and one of the authors of the Indian Nuclear Doctrine, explained: While the Hyde Act's bar on Indian testing is explicit, the one in the NSG waiver is implicit, yet unmistakable. The NSG waiver

1179-617: A power output of 20GWe by 2020; assuming the planned expansion used conventional Uranium/Plutonium fueled heavy water and light water nuclear power plants. Consequently, India's nuclear isolation constrained expansion of its civil nuclear program, but left India relatively immune to foreign reactions to a prospective nuclear test. Partly for this reason, but mainly due to continued unchecked covert nuclear and missile proliferation activities between Pakistan, China and North Korea, India conducted five more nuclear tests in May 1998 at Pokhran . India

1310-444: A powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist Bruce J. Schulman . Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as

1441-524: A revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise , was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created

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1572-401: A six-year term, with terms staggered , so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states. Article One of the U.S. Constitution requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be

1703-529: A state's at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent. The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration . Congress

1834-637: A staunch advocate of not proceeding with this deal citing national interests. On July 22, 2008, the UPA faced its first confidence vote in the Lok Sabha after the Communist Party of India (Marxist) led Left Front withdrew support over India approaching the IAEA for Indo-U.S. nuclear deal. The UPA won the confidence vote with 275 votes to the opposition's 256, (10 members abstained from the vote) to record

1965-659: A strategic reserve of nuclear fuel appear to be diametrically opposed to what the Indian parliament was led to expect from the agreement: Prime Minister Manmohan Singh's statement in parliament is totally at variance with the Bush administration's communication to the House Foreign Affairs Committee, which says India will not be allowed to stockpile such nuclear fuel stocks as to undercut American leverage to re-impose sanctions. To drive home this point, it says

2096-523: A stronger relationship between us." Indian PM Manmohan Singh visited Washington, D.C., on September 26, 2008, to celebrate the conclusion of the agreement with U.S. President George W. Bush. He also visited France to convey his appreciation for the country's stance. India's External Affairs Minister Pranab Mukherjee expressed his deep appreciation for India's allies in the NSG, especially the United States, United Kingdom, France, Russia, Germany, South Africa and Brazil for helping India achieve NSG's consensus on

2227-415: A viable counter-weight to the growing influence of China, and a potential client and job creator. While India is self-sufficient in thorium , possessing 25% of the world's known and economically viable thorium, it possesses a meager 1% of the similarly calculated global uranium reserves. Indian support for cooperation with the U.S. centers on the issue of obtaining a steady supply of sufficient energy for

2358-504: A waiver based on the "steps that India has taken voluntarily as a contributing partner in the non-proliferation regime". Based on these steps, and without further conditions, the draft waiver would have allowed for the transfer to India of both trigger list and dual-use items (including technology), waiving the full-scope safeguards requirements of the NSG guidelines. A September 2008 waiver would have recognized additional "steps that India has voluntarily taken." The waiver called for notifying

2489-693: Is directly responsible for the governing of the District of Columbia , the current seat of the federal government. The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies . On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence , referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created

2620-440: Is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from

2751-493: Is essentially charged with reconciling our many points of view on the great public policy issues of the day. Congress is constantly changing and is constantly in flux. In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities . While power balances among the different parts of government continue to change,

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2882-433: Is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body   ... Congress

3013-491: Is not a party to the Non-Proliferation Treaty (NPT) but is still allowed to carry out nuclear commerce with the rest of the world. The U.S. House of Representatives passed the bill to approve the deal on September 28, 2008. Two days later, India and France signed a similar nuclear pact making France the first country to have such an agreement with India. On October 1, 2008, the U.S. Senate also approved

3144-569: Is not serious about its nuclear test moratorium pledge." After India was granted the waiver on September 6, the United Kingdom said that the NSG's decision would make a "significant contribution" to global energy and climate security. U.S. National Security Council spokesman Gordon Johndroe said, "this is a historic achievement that strengthens global non-proliferation principles while assisting India to meet its energy requirements in an environmentally friendly manner. The United States thanks

3275-566: Is overtly anchored in NSG Guidelines Paragraph 16, which deals with the consequence of "an explosion of a nuclear device". The waiver's Section 3(e) refers to this key paragraph, which allows a supplier to call for a special NSG meeting, and seek termination of cooperation, in the event of a test or any other "violation of a supplier-recipient understanding". The recently leaked Bush administration letter to Congress has cited how this Paragraph 16 rule will effectively bind India to

3406-597: Is quite uncommon. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while

3537-466: Is sufficient to produce between 2,023–2,228 nuclear weapons over and above those already existing in the Indian arsenal. Although no Indian analyst, let alone a policy maker, has ever advocated any nuclear inventory that even remotely approximates such numbers, this heuristic exercise confirms that New Delhi has the capability to produce a gigantic nuclear arsenal while subsisting well within the lowest estimates of its known uranium reserves. However, because

3668-529: The tabloidization of media coverage. Others saw pressure to squeeze a political position into a thirty-second soundbite. A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility". In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative. One report suggested Congress posed

3799-544: The Board of Education . Congress began reasserting its authority. Lobbying became a big factor despite the 1971 Federal Election Campaign Act . Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions. While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates. Reforms such as

3930-541: The Commerce Clause , the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland , have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight. Constitutional responsibility for the oversight of Washington, D.C. , the federal district and national capital, and the U.S. territories of Guam , American Samoa , Puerto Rico ,

4061-528: The Congress supported the deal along with regional parties like Dravida Munnetra Kazhagam and Rashtriya Janata Dal its realization ran into difficulties in the face of stiff political opposition in India. Also, in November 2007, former Indian Military chiefs, bureaucrats and scientists drafted a letter to Members of Parliament expressing their support for the deal. However, opposition and criticism continued at political levels. The Samajwadi Party (SP) which

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4192-469: The Congress of the Confederation , a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws. Government powerlessness led to the Convention of 1787 which proposed

4323-609: The Conservative Coalition . Democrats maintained control of Congress during World War II . Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees. Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited

4454-562: The International Atomic Energy Agency , which are designed to verify that nuclear energy is not diverted from peaceful use to weapons programs. Though neither India, Israel, nor Pakistan have signed the NPT, India argues that instead of addressing the central objective of universal and comprehensive non-proliferation, the treaty creates a club of "nuclear haves" and a larger group of "nuclear have-nots" by restricting

4585-616: The Left Front , whose support was crucial for the ruling United Progressive Alliance to prove its majority in the Indian parliament , continued to oppose the nuclear deal and he described their stance as irrational and reactionary. According to The Hindu , External Affairs Minister Pranab Mukherjee 's earlier statement said "I cannot bind the government if we lose our majority," implying that United Progressive Alliance government would not put its signature on any deal with IAEA if it lost

4716-661: The Los Alamos National Laboratory , observed while testifying before a U.S. Senate Committee in 2008 that the United States might benefit from access to Indian nuclear technology: "I found that whereas sanctions slowed progress in nuclear energy, they made India self-sufficient and world leaders in fast reactor technologies. While much of the world's approach to India has been to limit its access to nuclear technology, it may well be that today we limit ourselves by not having access to India's nuclear technology developments. Such technical views should help to advice

4847-524: The NPT . The former Under Secretary of State of Political Affairs, Nicholas Burns, one of the architects of the Indo-U.S. nuclear deal said "India's trust, its credibility, the fact that it has promised to create a state-of-the-art facility, monitored by the IAEA, to begin a new export control regime in place, because it has not proliferated the nuclear technology, we can't say that about Pakistan." when asked whether

4978-523: The Northern Mariana Islands . These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of

5109-551: The Nuclear Suppliers Group , an export-control cartel that had been formed mainly in response to India's first nuclear test in 1974. In its final shape, the deal places under permanent safeguards those nuclear facilities that India has identified as "civil" and permits broad civil nuclear cooperation, while excluding the transfer of "sensitive" equipment and technologies, including civil enrichment and reprocessing items even under IAEA safeguards. On August 18, 2008,

5240-519: The Pokhran nuclear tests in 1998, it continued to find its civil nuclear program isolated internationally. The proposed civil nuclear agreement implicitly recognizes India's "de facto" status even without signing the NPT. The Bush administration justifies a nuclear pact with India arguing that it is important in helping to advance the non-proliferation framework by formally recognizing India's strong non-proliferation record even though it has not signed

5371-657: The United States House of Representatives on July 26 and by 85–12 in the United States Senate on November 16 in a strong show of bipartisan support. The House version ( H.R. 5682 ) and Senate version ( S. 3709 ) of the bill differed due to amendments each had added before approving, but the versions were reconciled with a House vote of 330–59 on December 8 and a Senate voice-vote on December 9 before being passed on to President G.W. Bush for final approval. The White House had urged Congress to expedite

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5502-550: The communist allies of the ruling United Progressive Alliance . The government survived a confidence vote in the parliament on July 22, 2008, by 275–256 votes in the backdrop of defections by some parties . The deal also had faced opposition from non-proliferation activists, anti-nuclear organisations, and some states within the Nuclear Suppliers Group. In February 2008, U.S. Secretary of State Condoleezza Rice said that any agreement would be "consistent with

5633-594: The federal government of the United States . It is bicameral , composed of a lower body, the United States House of Representatives , and an upper body, the United States Senate . It meets in the United States Capitol in Washington, D.C. Members are chosen through direct election , though vacancies in the Senate may be filled by a governor 's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of

5764-449: The second-wave feminism movement , when activists moved into electoral politics. Beginning in the 1970s, donors and political action committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of

5895-484: The "biggest risk to the U.S. economy" because of its brinksmanship , "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed. There has been increasing public dissatisfaction with Congress, with extremely low approval ratings which dropped to 5% in October 2013. In 2009, Congress authorized another delegate for

6026-517: The 123 Agreement is not inconsistent with the Hyde Act's stipulation—the little-known 'Barack Obama Amendment' – that the supply of nuclear fuel should be "commensurate with reasonable operating requirements". The 'strategic reserve' that is crucial to India's nuclear program is, therefore, a non-starter. Furthermore, the agreement, as a result of its compliance with the Hyde Act, contained a direct linkage between shutting down US nuclear trade with India and any potential future Indian nuclear weapons test,

6157-542: The 123 agreement. Nicholas Burns, the chief negotiator of the India-United States nuclear deal, said the U.S. has the right to terminate the deal if India tests a nuclear weapon and that no part of the agreement recognizes India as a nuclear weapons state (which would be contrary to the NPT). On December 18, 2006, President George W. Bush signed the Hyde Act into law. The Act was passed by an overwhelming 359–68 in

6288-439: The 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress. Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people . Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color. Carol Moseley Braun became

6419-591: The 19th century, members of Congress are typically affiliated with one of the two major parties , the Democratic Party or the Republican Party , and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this

6550-846: The 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions. One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates". From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $ 12.5   million to $ 120   million along with concern over PAC influence in Congress. In 2009, there were 4,600 business, labor and special-interest PACs including ones for lawyers , electricians , and real estate brokers . From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs. From 1970 to 2009,

6681-574: The American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War   II." Disagreement about

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6812-498: The CTBT and NPT". The NSG consensus was welcomed by several major Indian companies. Major Indian corporations like Videocon Group , Tata Power and Jindal Power saw a US$ 40 billion nuclear energy market in India in the next 10–15 years. On a more optimistic note, some of India's largest and most well-respected corporations like Bharat Heavy Electricals Limited , National Thermal Power Corporation and Larsen & Toubro were eyeing

6943-462: The Constitution's Necessary and Proper Clause . Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage

7074-604: The Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing

7205-546: The House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam . In 1978, an additional delegate for American Samoa were added. In

7336-448: The House initiates revenue -raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress , began on January 3, 2023, and will end on January 3, 2025. Since

7467-477: The House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills . Congress has an important role in national defense , including the exclusive power to declare war, to raise and maintain the armed forces , and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated

7598-699: The Hyde Act's conditions on the pain of a U.S.-sponsored cut-off of all multilateral cooperation. India will not be able to escape from the U.S.-set conditions by turning to other suppliers. On July 9, 2008, India formally submitted the safeguards agreement to the IAEA. This development came after the Prime Minister of India Manmohan Singh returned from the 34th G8 summit meeting in Hokkaido , Japan, where he met with U.S. President George W. Bush. On June 19, 2008, news media reported that Indian Prime Minister Dr. Manmohan Singh threatened to resign his position if

7729-485: The Hyde Act. The 123 agreement defines the terms and conditions for bilateral civilian nuclear cooperation, and requires separate approvals by the U.S. Congress and by Indian cabinet ministers. The agreement will also help India meet its goal of adding 25,000 MW of nuclear power capacity through imports of nuclear reactors and fuel by 2020. After the terms of the 123 agreement were concluded on July 27, 2007, it ran into trouble because of stiff opposition in India from

7860-505: The IAEA Board of Governors approved, and on February 2, 2009, India signed an India-specific safeguards agreement with the IAEA. After India brought this agreement into force, inspections began in a phased manner on the 35 civilian nuclear installations India has identified in its Separation Plan. The deal is seen as a watershed in U.S.-India relations and introduces a new aspect to international nonproliferation efforts. On August 1, 2008,

7991-438: The IAEA approved the safeguards agreement with India, after which the United States approached the Nuclear Suppliers Group (NSG) to grant a waiver to India to commence civilian nuclear trade. The 48-nation NSG granted the waiver to India on September 6, 2008, allowing it to access civilian nuclear technology and fuel from other countries. The implementation of this waiver made India the only known country with nuclear weapons which

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8122-527: The IAEA did not mean that they would not express reservations at the NSG. New Zealand, which is a member of the NSG but not of the IAEA Board of Governors, cautioned that its support should not be taken for granted. Ireland, which launched the non-proliferation treaty process in 1958 and signed it first in 1968, doubted India's nuclear trade agreement with the U.S. Russia, a potentially large nuclear supplier to India, expressed reservations about transferring enrichment and reprocessing technology to India. China argued

8253-754: The IAEA meeting. On September 6, 2008, India was granted the waiver at the NSG meeting held in Vienna , Austria. The consensus was arrived at after overcoming misgivings expressed by Austria, Ireland, and New Zealand and is an unprecedented step in giving exemption to a country which has not signed the NPT and the Comprehensive Test Ban Treaty (CTBT) The Indian team who worked on the deal includes Manmohan Singh , Pranab Mukherjee , Shivshankar Menon , Shyam Saran , M. K. Narayanan , Anil Kakodkar , Ravi Grover , and DB Venkatesh Varma. In August 2008 U.S. draft exemption would have granted India

8384-625: The Jeffersonian Republican Party and began the era of the First Party System . In 1800, Thomas Jefferson 's election to the presidency marked a peaceful transition of power between the parties. John Marshall , 4th chief justice of the Supreme Court , empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving

8515-520: The July 2005 summit in Washington between the two leaders over civilian nuclear cooperation. Heavily endorsed by the White House , the agreement is thought to be a major victory to George W. Bush 's foreign policy initiative and was described by many lawmakers as a cornerstone of the new strategic partnership between the two countries. On August 3, 2007, both the countries released the full text of

8646-519: The NSG of bilateral agreements and for regular consultations; however, it also would have waived the full-scope safeguards requirements of the NSG guidelines without further conditions. The U.S. draft underwent further changes in an effort to make the language more acceptable to the NSG. The deal had initial support from the United States, the United Kingdom, France, Japan, Russia, and Germany. After some initial opposition, there were reports of Australia, Switzerland, and Canada expressing their support for

8777-583: The NSG. "There were proposals on practically every paragraph," a European diplomat said. A group of seven NSG members suggested including some of the provisions of the U.S. Hyde Act in the final waiver. Daryll Kimball, executive director of the Washington-based Arms Control Association , said the NSG should at a minimum "make clear that nuclear trade with India shall be terminated if it resumes testing for any reason. If India cannot agree to such terms, it suggests that India

8908-516: The Netherlands, Switzerland and Scandinavian countries proposed similar amendments. The nuclear deal was opposed by former U.S. president Jimmy Carter , who opined that the U.S. would be making "a dangerous deal with India" After the first NSG meeting in August 2008, diplomats noted that up to 20 of the 45 NSG states tabled conditions similar to the Hyde Act for India's waiver to do business with

9039-624: The Non-Proliferation Treaty". German Foreign Ministry spokesman Jens Ploetner called India a "special case" and added, "Does this agreement send an approving message to Iran? No, it absolutely does not." Initially, there were reports of the People's Republic of China analyzing the extent of the opposition against the waiver at the NSG and then revealing its position over the issue. On September 1, 2008, prominent Chinese newspaper People's Daily expressed its strong disapproval of

9170-483: The Obama Administration was called the "gold standard" of 123 agreements." [1] Countries with which the U.S. has or had or is working towards having a 123 Agreement include: 123 Agreement With India 123 Agreement With UAE United States Congress Minority (49) Minority (212) Vacant (3) [REDACTED] [REDACTED] The United States Congress is the legislature of

9301-635: The Supreme Court a power to nullify congressional legislation. The Civil War , which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights . The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled

9432-431: The U.S. would offer a nuclear deal with Pakistan on the lines of the Indo-U.S. deal. Mohamed ElBaradei , former head of the International Atomic Energy Agency , which would be in charge of inspecting India's civilian reactors has praised the deal as "it would also bring India closer as an important partner in the nonproliferation regime". The reaction in the U.S. led academic community was mixed. While some authors praised

9563-500: The Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts . It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for

9694-610: The United States Atomic Energy Act of 1954 , titled "Cooperation With Other Nations", establishes an agreement for cooperation as a prerequisite for nuclear deals between the US and any other nation. Such an agreement is called a 123 Agreement . To date, the U.S. has entered into roughly twenty-three 123 Agreements with 48 countries. A 2009 123 agreement signed with the United Arab Emirates by

9825-476: The United States , as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members . Congress convenes for a two-year term , commencing every other January. Elections are held every even-numbered year on Election Day . The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and

9956-498: The United States agreed to work toward full civil nuclear cooperation with India. This U.S.-India deal took more than three years to come to fruition as it had to go through several complex stages, including amendment of U.S. domestic law, especially the Atomic Energy Act of 1954 , a civil-military nuclear Separation Plan in India, an India-IAEA safeguards (inspections) agreement and the grant of an exemption for India by

10087-554: The White House a little more in favor of the executive branch", according to one account. Past presidents, including Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush , have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association , have described this practice as against

10218-504: The Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives. On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building . The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated

10349-552: The Woman and the election of members of The Squad , respectively. Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws , voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year , and the elimination of race-based immigration laws in

10480-544: The adoption of the Twentieth Amendment to the United States Constitution , the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it

10611-425: The agreement and remarked that New Delhi may break its "voluntary moratorium" on further nuclear tests in "supreme national interest". However, analyst M K Bhadrakumar demurred. He said that the consensus at NSG was achieved on the "basis" of Pranab Mukherjee's commitment to India's voluntary moratorium on nuclear testing and by doing so, India has entered into a "multilateral commitment" bringing it within "the ambit of

10742-501: The agreement as bringing India closer to the NPT regime, others argued that it gave India too much leeway in determining which facilities were to be safeguarded and that it effectively rewarded India for continuously refusing to accede to the Non-Proliferation Treaty. In India, the proponents of the agreement cite economic considerations as one of the topmost factors in their support of the agreement. For example, Indian scholar Rejaul Karim Laskar argues, "the most important significance of

10873-535: The agreement constituted "a major blow to the international non-proliferation regime". New Zealand said it would like to see a few conditions written in to the waiver: the exemption ceasing if India conducts nuclear tests, India signing the International Atomic Energy Agency's (IAEA) additional protocol, and placing limits on the scope of the technology that can be given to India and which could relate to nuclear weapons. Austria, Ireland,

11004-497: The agreement had still not been fully implemented. In 2016, the countries agreed to build 6 US-designed reactors in India. See timeline below. The Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 , also known as the Hyde Act , is the U.S. domestic law that modifies the requirements of Section 123 of the U.S. Atomic Energy Act to permit nuclear cooperation with India and in particular to negotiate

11135-544: The amount of nuclear fuel required for the electricity generation sector is far greater than that required to maintain a nuclear weapons program, and since India's estimated reserve of uranium represents only 1% of the world's known uranium reserves, the NSG's uranium export restrictions mainly affected Indian nuclear power generation capacity. Specifically, the NSG sanctions challenge India's long-term plans to expand and fuel its civilian nuclear power generation capacity from its current output of about 4GWe (GigaWatt electricity) to

11266-662: The area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied. Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and

11397-693: The aspirations of other countries too, an implicit reference to Pakistan. There were also unconfirmed reports of India considering the cancellation of a state visit by Chinese Foreign Minister Yang Jiechi . However, External Affairs Minister Pranab Mukherjee said the Chinese Foreign Minister will be welcomed "as an honored guest". The Times of India noted that China's stance could have a long-term implication on Sino-Indian relations. There were some other conflicting reports on China's stance, however. The Hindu reported that though China had expressed its desire to include more stern language in

11528-447: The bill. To assure Congress that its work would not be totally discarded, Bush continued by saying that the executive would give "the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy." The Indo-US civilian nuclear agreement was met with stiff opposition by some political parties and activists in India. Although many mainstream political parties including

11659-417: The budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary. The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among

11790-421: The civilian agreement with India. India's National Security Advisor remarked that one of the major opponents of the waiver was China and said that he would express Indian government's displeasure over the issue. It was also revealed that China had abstained during the final voting process, indicating its non-approval of the nuclear agreement. In a statement, Chinese delegation to the NSG said the group should address

11921-716: The civilian nuclear agreement allowing India to purchase nuclear fuel and technology from—and sell them to—the United States. U.S. president, George W. Bush, signed the legislation on the Indo-US nuclear deal, approved by the U.S. Congress , into law, now called the United States-India Nuclear Cooperation Approval and Non-proliferation Enhancement Act , on October 8, 2008. The agreement was signed by then Indian External Affairs Minister Pranab Mukherjee and his counterpart then Secretary of State Condoleezza Rice , on October 10. In 2015,

12052-461: The convergence of strategic interests between the two nations forced such a remarkable gesture from the US, overturning its decades-long stand on non-proliferation , and that it would be unwise on India's part to spurn such an overture. He also argued that not recognizing new geo-political realities would be even more foolhardy on the part of the Indian elite. Former President of India and noted Indian scientist, A. P. J. Abdul Kalam , also supported

12183-474: The country's 17 current reactors, and then further restricted Plutonium production to only 1/4 of the fuel core of these reactors. According to the calculations of one of the key advisers to the US Nuclear deal negotiating team, Ashley Tellis: Operating India's eight unsafeguarded PHWRs in such a [conservative] regime would bequeath New Delhi with some 12,135–13,370 kilograms of weapons-grade plutonium, which

12314-595: The deal for India (is) related to the contribution it will make in meeting India's energy requirements to sustain high rate of economic growth". Financially, the U.S. also expects that such a deal could spur India's economic growth and bring in $ 150 billion in the next decade for nuclear power plants, of which the U.S. wants a share. It is India's stated objective to increase the production of nuclear power generation from its present capacity of 4,780 MWe to 20,000 MWe by 2020. India's parliament passed The Civil Liability for Nuclear Damages bill on August 25, 2010, which allows

12445-474: The deal. Selig S. Harrison, a former South Asia bureau chief of The Washington Post , has said the deal may represent a tacit recognition of India as a nuclear weapon state, while former U.S. Undersecretary of State for Arms Control and International Security Robert Joseph says the "U.S. State Department made it very clear that we will not recognize India as a nuclear-weapon state". Norway, Austria, Brazil, and Japan all warned that their support for India at

12576-581: The diplomatic efforts with India." Because India's nuclear program was developed mostly indigenously, the country used unique techniques that other countries can learn from. Since the end of the Cold War , The Pentagon , along with certain U.S. ambassadors such as Robert Blackwill , has requested increased strategic ties with India and a de-hyphenization of Pakistan with India, i.e. having separate policies toward India and Pakistan rather than just an "India-Pakistan" policy. The United States also sees India as

12707-612: The early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights , the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton ; it soon became the Democratic-Republican Party or

12838-448: The economy to grow. Indian opposition to the pact centers on the concessions that would need to be made, as well as the likely de-prioritization of research into a thorium fuel cycle if uranium becomes highly available given the well understood utilization of uranium in a nuclear fuel cycle . On March 2, 2006, in New Delhi, George W. Bush and Manmohan Singh signed a Civil Nuclear Cooperation Agreement, following an initiation during

12969-487: The electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability. The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt 's election in 1932 marked a shift in government power towards

13100-425: The exclusive power of removal , allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and

13231-536: The executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946). The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed

13362-588: The exemption made for India reflects Delhi's impeccable record in the non-proliferation sphere and will guarantee the peaceful uses of nuclear exports to India." Australian Foreign Minister Stephen Smith said that the NSG granted waiver because of "India's rise as a global power" and added, "If such a request was made for another country, I don't think it would have been cleared by the NSG members." During his visit to India in September 2008, Smith said that Australia "understood and respected India's decision not to join

13493-463: The extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and copyrights , fix standards of weights and measures, establish Courts inferior to the Supreme Court , and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in

13624-467: The favor of the government. As details were revealed about serious inconsistencies between what the Indian parliament was told about the deal, and the facts about the agreement that were presented by the Bush administration to the US Congress, opposition grew in India against the deal. In particular, portions of the agreement dealing with guaranteeing India a fuel supply or allowing India to maintain

13755-564: The fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994. Congress enacted Johnson's Great Society program to fight poverty and hunger. The Watergate Scandal had

13886-467: The final draft, they had informed India about their intention to back the agreement. In an interview to the Hindustan Times , Chinese Assistant Foreign Minister Hu Zhengyue said that "China understands India's needs for civil nuclear energy and related international cooperation." Chinese Foreign Minister Yang Jiechi told India's CNN-IBN , "We didn't do anything to block it [the deal]. We played

14017-412: The first woman of color to reach the Senate in 1993. The second, Mazie Hirono , won in 2013. In 2021, Kamala Harris became the first female President of the Senate , which came with her role as the first female Vice President of the United States . Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress

14148-402: The internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties , civic associations , interest groups , and the mass media . The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and

14279-486: The lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. Recruitment and financial support for women candidates were rare until

14410-430: The late 20th century, the media became more important in Congress's work. Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions". Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as

14541-488: The law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Broad interpretations of this clause and of

14672-497: The legal possession of nuclear weapons to those states that tested them before 1967, who alone are free to possess and multiply their nuclear stockpiles. India insists on a comprehensive action plan for a nuclear-free world within a specific time-frame and has also adopted a voluntary "no first use policy". Led by the U.S., other states have set up an informal group, the Nuclear Suppliers Group (NSG), to control exports of nuclear materials, equipment and technology. Consequently, India

14803-441: The legislature since there were two separate chambers. The new government became active in 1789. Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present). Federalists and anti-federalists jostled for power in

14934-621: The majority in either an 'opposition-initiated no-confidence motion' or if failing to muster a vote of confidence in Indian parliament after being told to prove its majority by the president. On July 8, 2008, Prakash Karat announced that the Left Front is withdrawing its support to the government over the decision by the government to go ahead on the United States-India Peaceful Atomic Energy Cooperation Act. The left front had been

15065-428: The nuclear deal. Bharatiya Janata Party 's Yashwant Sinha , who also formerly held the post of India's External Affairs Minister, criticized the Indian government's decision to seek NSG's consensus and remarked that "India has walked into the non-proliferation trap set by the U.S., we have given up our right to test nuclear weapons forever, it has been surrendered by the government". However, another prominent member of

15196-445: The obligations of the Hyde Act". The bill was signed on October 8, 2008. Parties to the Non-Proliferation Treaty (NPT) have a recognized right of access to peaceful uses of nuclear energy and an obligation to cooperate on civilian nuclear technology. Separately, the Nuclear Suppliers Group has agreed on guidelines for nuclear exports, including reactors and fuel. Those guidelines condition such exports on comprehensive safeguards by

15327-612: The operator to sue the supplier in case of an accident due to technical defects in the plant. After the nuclear disaster at the Fukushima Daiichi Nuclear Power Plant in Japan, issues relating to the safety of operating nuclear power plants, compensation in the event of a radiation-leak accident, disaster clean-up costs, operator responsibility and supplier liability has once again come into the spot-light. Dr. Siegfried S. Hecker, PhD. , former Director of

15458-584: The other branches of government. In the Plame affair , critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping , although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has

15589-414: The participating governments in the NSG for their outstanding efforts and cooperation to welcome India into the global non-proliferation community. We especially appreciate the role Germany played as chair to move this process forward." New Zealand praised the NSG consensus and said that it got the best possible deal with India. One of India's strongest allies Russia said in a statement, "We are convinced that

15720-597: The process for going to war, they asked for and received formal war declarations from Congress for the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II , although President Theodore Roosevelt 's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950 , President Truman described

15851-703: The ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon . By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings. A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until

15982-554: The reconciliation process during the end-2006 lame duck session , and recommended removing certain amendments which would be deemed deal-killers by India. In response to the language Congress used in the Act to define U.S. policy toward India, President Bush, stated "Given the Constitution's commitment to the authority of the presidency to conduct the nation's foreign affairs, the executive branch shall construe such policy statements as advisory," going on to cite sections 103 and 104 (d) (2) of

16113-504: The reforms of the 1970s. Important structural changes included the direct popular election of senators according to the Seventeenth Amendment , ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to

16244-428: The same party and India's former National Security Advisor Brajesh Mishra supported the development at the NSG and said that the waiver granted made "no prohibition" on India to conduct nuclear tests in the future. A leading advocate of the agreement was India's most eminent strategic affairs analyst K. Subrahmanyam , also known for his long and controversial championing of an Indian nuclear deterrent . He argued that

16375-463: The sanctions also provided India with the impetus to continue developing its own nuclear weapons technology with a specific goal of achieving self-sufficiency for all key components for weapons design, testing and production. Given that India is estimated to possess reserves of about 80,000–112,369 tons of uranium , India has more than enough fissile material to supply its nuclear weapons program, even if it restricted Plutonium production to only 8 of

16506-413: The several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and

16637-736: The spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters". The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights , due process , and equal protection under

16768-540: Was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices ; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and

16899-482: Was left outside the international nuclear order, which forced India to develop its own resources for each stage of the nuclear fuel cycle and power generation, including next generation reactors such as fast breeder reactors and a thorium breeder reactor known as the Advanced Heavy Water Reactor . In addition to impelling India to achieve success in developing these new reactor technologies,

17030-476: Was subject to international sanctions after its May 1998 nuclear tests. However, due to the size of the Indian economy and its relatively large domestic sector, these sanctions had little impact on India, with Indian GDP growth increasing from 4.8% in 1997–1998 (prior to sanctions) to 6.6% (during sanctions) in 1998–1999. Consequently, at the end of 2001, the Bush administration decided to drop all sanctions on India. Although India achieved its strategic objectives from

17161-454: Was with the Left Front in opposing the deal changed its stand after discussing with ex-president of India and scientist Dr A. P. J. Abdul Kalam . The SP then supported the government and the deal. The Indian Government survived a vote of confidence by 275–256 after the Left Front withdrew their support to the government over this dispute. Incidentally, results showed ten MPs belonging to the opposing Bharatiya Janata Party (BJP) cross-voting in

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