Section 123 of US Atomic Energy Act (1954) allows US to enter into civilian nuclear deals with other countries and all such agreements are called 123 Agreements.
India is not a recognized Nuclear weapon state and hence conditions prescribed for non-nuclear states will apply to India.
After Pokhran I, US passed the nuclear non-Proliferation Act in 1978 which makes it mandatory to enter into such agreements with countries which have carried out nuclear tests only after US Congress has given authority to waive some of the provisions. This is the US India Peaceful Atomic Energy Cooperation Act 2006, named after the member who introduced this bill, Mr Henry Hyde.
Thereafter India had to conclude a safeguard agreement with IAEA wherein all facilities are subjected to inspections as and when needed. These safeguards are applicable in perpetuity (section 104b 2 of Hyde Act).
Then US and India approached and reached an agreement with 45 Nations which form a Nuclear Supplier Group. Then, the 123 went back to US congress for final approval.
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