[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.


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