[House Document 110-112]
[From the U.S. Government Publishing Office]



                                     

110th Congress, 2d Session - - - - - - - - - - - - House Document 110-112

 
PROPOSED AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE RUSSIAN 
         FEDERATION CONCERNING PEACEFUL USES OF NUCLEAR ENERGY

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

  A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR COOPERATION IN 
  THE FIELD OF PEACEFUL USES OF NUCLEAR ENERGY, PURSUANT TO 42 U.S.C. 
                              2153(b), (d)




    May 13, 2008.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    I am pleased to transmit to the Congress, pursuant to 
sections 123b. and 123d. of the Atomic Energy Act of 1954, as 
amended (42 U.S.C. 2153(b), (d)) (the ``Act''), the text of a 
proposed Agreement Between the Government of the United States 
of America and the Government of the Russian Federation for 
Cooperation in the Field of Peaceful Uses of Nuclear Energy. I 
am also pleased to transmit my written approval, authorization, 
and determination concerning the Agreement, and a Nuclear 
Proliferation Assessment Statement (NPAS) concerning the 
Agreement (in accordance with section 123 of the Act, as 
amended by title XII of the Foreign Affairs Reform and 
Restructuring Act of 1998 (Public Law 105-277), a classified 
annex to the NPAS, prepared by the Secretary of State in 
consultation with the Director of National Intelligence, 
summarizing relevant classified information, will be submitted 
to the Congress separately). The joint memorandum submitted to 
me by the Secretary of State and the Secretary of Energy and a 
letter from the Chairman of the Nuclear Regulatory Commission 
stating the views of the Commission are also enclosed.
    The proposed Agreement has been negotiated in accordance 
with the Act and other applicable law. In my judgment, it meets 
all applicable statutory requirements and will advance the non-
proliferation and other foreign policy interests of the United 
States.
    The proposed Agreement provides a comprehensive framework 
for peaceful nuclear cooperation with Russia based on a mutual 
commitment to nuclear non-proliferation. It has a term of 30 
years, and permits the transfer of technology, material, 
equipment (including reactors), and components for nuclear 
research and nuclear power production. It does not permit 
transfers of Restricted Data, and permits transfers of 
sensitive nuclear technology, sensitive nuclear facilities, and 
major critical components of such facilities by amendment to 
the Agreement. In the event of termination, key non-
proliferation conditions and controls continue with respect to 
material and equipment subject to the Agreement.
    The Russian Federation is a nuclear weapon state party to 
the Treaty on the Non-Proliferation of Nuclear Weapons. Like 
the United States, it has a ``voluntary offer'' safeguards 
agreement with the International Atomic Energy Agency (IAEA). 
That agreement gives the IAEA the right to apply safeguards on 
all source or special fissionable material at peaceful nuclear 
facilities on a Russia-provided list. The Russian Federation is 
also a party to the Convention on the Physical Protection of 
Nuclear Material, which establishes international standards of 
physical protection for the use, storage, and transport of 
nuclear material. It is also a member of the Nuclear Suppliers 
Group, whose non-legally binding Guidelines set forth standards 
for the responsible export of nuclear commodities for peaceful 
use. A more detailed discussion of Russia's domestic civil 
nuclear program and its nuclear non-proliferation policies and 
practices, including its nuclear export policies and practices, 
is provided in the NPAS and in the classified annex to the NPAS 
submitted to the Congress separately.
    I have considered the views and recommendations of the 
interested agencies in reviewing the proposed Agreement and 
have determined that its performance will promote, and will not 
constitute an unreasonable risk to, the common defense and 
security. Accordingly, I have approved the Agreement and 
authorized its execution and urge that the Congress give it 
favorable consideration.
    This transmission shall constitute a submittal for purposes 
of both sections 123b. and 123d. of the Atomic Energy Act. My 
Administration is prepared to begin immediately the 
consultations with the Senate Foreign Relations Committee and 
House Foreign Affairs Committee as provided in section 123b. 
Upon completion of the 30-day continuous session period 
provided for in section 123b., the 60-day continuous session 
period provided for in section 123d. shall commence.

                                                    George W. Bush.
    The White House, May 12, 2008.
    
    
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