[House Document 113-89]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - - - - House Document 113-89
TEXT OF PROPOSED THIRD AMENDMENT TO THE AGREEMENT FOR COOPERATION
BETWEEN THE UNITED STATES OF AMERICA AND THE INTERNATIONAL ATOMIC
ENERGY AGENCY
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
TEXT OF PROPOSED THIRD AMENDMENT TO THE AGREEMENT FOR COOPERATION
BETWEEN THE UNITED STATES OF AMERICA AND THE INTERNATIONAL ATOMIC
ENERGY AGENCY
January 29, 2014.--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 123 b. and 123 d. of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2153(b), (d)) (the ``Act''), the text of a
proposed Third Amendment to the Agreement for Co-operation
Between the United States of America and the International
Atomic Energy Agency (IAEA) (the ``Amendment''). I am also
pleased to transmit my written approval, authorization, and
determination concerning the Amendment, and an unclassified
Nuclear Proliferation Assessment Statement (NPAS) concerning
the Amendment. (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 Secretaries of State and Energy and a letter from the
Chairman of the Nuclear Regulatory Commission stating the views
of the Commission are also enclosed. An addendum to the NPAS
pursuant to section 102A of the National Security Act of 1947
(50 U.S.C. 403-1), as amended, is being submitted separately by
the Director of National Intelligence.
The proposed Amendment 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
nonproliferation and other foreign policy interests of the
United States.
Pursuant to the proposed Amendment, the Agreement for Co-
operation Between the United States of America and the
International Atomic Energy Agency, signed at Vienna May 11,
1959, as amended and extended February 12, 1974, and January
14, 1980 (the ``Agreement''), would continue to provide a
comprehensive framework for peaceful nuclear cooperation with
the IAEA and facilitate our mutual objectives related to
nonproliferation and the peaceful uses of nuclear energy. The
primary purposes of the Agreement are to enable exports from
the United States of nuclear material and equipment to IAEA
Member States for research reactors and, in certain cases, for
power reactors, and to enable transfers from the United States
of small samples of nuclear material to the IAEA for safeguards
and research purposes.
Under the proposed Amendment, the term of the Agreement
will be extended an additional 40 years for a total term of 95
years.
The Agreement permits the transfer of material, equipment
(including reactors), and facilities for nuclear research and
nuclear power production. It does not permit transfers of
Restricted Data, sensitive nuclear facilities, or major
critical components of such facilities, or, unless specifically
provided for in a supply agreement or an amendment thereto,
transfers of sensitive nuclear technology. In the event of
termination of the Agreement, key nonproliferation conditions
and controls continue with respect to material, equipment, and
facilities subject to the Agreement.
A more detailed discussion of the IAEA's nuclear
nonproliferation and peaceful uses activities is provided in
the NPAS and in a classified annex to the NPAS submitted to you
separately.
I have considered the views and recommendations of the
interested agencies in reviewing the proposed Amendment to the
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
Amendment and authorized its execution and urge that the
Congress give it favorable consideration.
This transmission shall constitute a submittal for purposes
of both sections 123 b. and 123 d. of the Act. My
Administration is prepared to begin immediately the
consultations with the Senate Foreign Relations Committee and
the House Foreign Affairs Committee as provided in section 123
b. Upon completion of the 30 days of continuous session review
provided for in section 123 b., the 60 days of continuous
session review provided for in section 123 d. shall commence.
Barack Obama.
The White House, January 29, 2014.
Presidential Determination No. 2014-07
The White House,
Washington, January 17, 2014.
Memorandum for the Secretary of State, the Secretary of Energy.
Subject: Proposed Third Amendment to the Agreement for Co-operation
Between the United States of America and the International
Atomic Energy Agency.
I have considered the proposed Third Amendment to the
Agreement for Co-operation Between the United States of America
and the International Atomic Energy Agency, signed at Vienna on
May 11, 1959, as amended and extended February 12, 1974, and
January 14, 1980, along with the views, recommendations, and
statements of the interested agencies.
I have determined that the performance of the Third
Amendment will promote, and will not constitute an unreasonable
risk to, the common defense and security. Pursuant to section
123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2153(b)), I hereby approve the proposed Third Amendment and
authorize the Secretary of State to arrange for its execution.
The Secretary of State is authorized to publish this
determination in the Federal Register.
Barack Obama.