    [House Document 118-159]
    [From the U.S. Government Publishing Office]

    118th Congress, 2d Session - - - - - - - - - - House Document 118-159

    AN AGREEMENT AMONG THE GOVERNMENT OF THE UNITED STATES OF AMERICA, THE
     GOVERNMENT OF AUSTRALIA, AND THE GOVERNMENT OF THE UNITED KINGDOM OF
      GREAT BRITAIN AND NORTHERN IRELAND FOR COOPERATION RELATED TO NAVAL
                               NUCLEAR PROPULSION

                                   __________

                                 COMMUNICATION

                                      from

     THE PRESIDENT OF THE UNITED STATES
                                  transmitting

    AN AGREEMENT AMONG THE GOVERNMENT OF THE UNITED STATES OF AMERICA, THE
     GOVERNMENT OF AUSTRALIA, AND THE GOVERNMENT OF THE UNITED KINGDOM OF
      GREAT BRITAIN AND NORTHERN IRELAND FOR COOPERATION RELATED TO NAVAL
     NUCLEAR PROPULSION, PURSUANT TO 42 U.S.C. 2153(d); AUG. 1, 1946, CH.
    724, TITLE I, SEC. 123 (AS AMENDED BY PUBLIC LAW 109-401, SEC. 104(e));
                                (120 STAT. 2734)

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       August 9, 2024.--Referred to the Committee on Foreign Affairs and
                             ordered to be printed

                                       _______

                     U.S. GOVERNMENT PUBLISHING OFFICE

    49-011                     WASHINGTON : 2024

                                               The White House,
                                            Washington, August 7, 2024.
    Hon. Mike Johnson,
    Speaker of the House of Representatives,
    Washington, DC.
        Dear Mr. Speaker: I am pleased to transmit to the Congress,
    pursuant to section 123 d. of the Atomic Energy Act of 1954, as
    amended (42 U.S.C. 2153(d)) (the ``Act''), the text of the
    Agreement Among the Government of the United States of America,
    the Government of Australia, and the Government of the United
    Kingdom of Great Britain and Northern Ireland (the ``United
    Kingdom'') for Cooperation Related to Naval Nuclear Propulsion
    (the ``Agreement''). I am also pleased to transmit my written
    approval, authorization, and determination concerning the
    Agreement. The joint memorandum submitted to me by the
    Secretaries of Defense and Energy providing their summary
    position on the Agreement is also enclosed.
        Pursuant to the enhanced trilateral security partnership
    called ``AUKUS'' announced in September 2021, our three
    governments engaged in an 18-month consultation period to seek
    an Optimal Pathway for Australia to acquire a conventionally
    armed, nuclear-powered submarine capability at the earliest
    achievable date. On November 22, 2021, the AUKUS partners
    signed the Agreement between the Government of the United
    States of America, the Government of Australia, and the
    Government of the United Kingdom of Great Britain and Northern
    Ireland for the Exchange of Naval Nuclear Propulsion
    Information (ENNPIA) to permit the three Parties to communicate
    and exchange Naval Nuclear Propulsion Information (NNPI),
    including certain Restricted Data (RD), as needed for purposes
    of consultations on the Optimal Pathway. The ENNPIA entered
    into force on February 8, 2022, and remains in force until
    December 31, 2025, unless superseded by a subsequent agreement.
        The Agreement, which would supersede the ENNPIA, would
    permit the continued communication and exchange of NNPI,
    including certain RD, and would also expand on the cooperation
    between the governments by enabling the transfer of naval
    nuclear propulsion plants of conventionally armed, nuclear-
    powered submarines, including component parts and spare parts
    thereof, and other related equipment. The Agreement also
    enables the sale of special nuclear material contained in
    complete, welded power units, and other material as needed for
    such naval nuclear propulsion plants. Equipment transferred in
    accordance with the Agreement could include equipment needed
    for the research, development, or design of naval nuclear
    propulsion plants, including their manufacture, operation,
    maintenance, regulation, and disposal, and could also include
    training, services, and program support associated with such
    equipment.
        The Agreement includes conditions and guarantees required
    by the Act; promotes the AUKUS partners' goal of setting the
    highest nonproliferation standard; protects controlled and
    classified United States information; prevents further
    dissemination of information, material, or equipment beyond the
    jurisdiction of the Parties without United States agreement;
    and protects United States intellectual property. The Agreement
    also ensures that the United States and the United Kingdom have
    sufficient ability to ensure that relevant agreements and
    arrangements between Australia and the International Atomic
    Energy Agency set the highest nonproliferation standard,
    properly protect sensitive information, and are consistent with
    the Agreement.
        The trilateral partners also concluded a non-legally
    binding Understanding Among the Government of the United States
    of America, the Government of Australia, and the Government of
    the United Kingdom of Great Britain and Northern Ireland
    (Understanding), which reflects the governments' intended
    approach to certain articles of the Agreement and provides
    additional related political commitments. The Understanding
    would become operative on the date on which the Agreement
    enters into force.
        In my judgment, the Agreement meets all statutory
    requirements.
        I have determined that Australia and the United Kingdom, by
    participating with the United States pursuant to international
    arrangements, are making substantial and material contributions
    to our mutual defense and security. Australia is party to the
    Australia, New Zealand, and United States Security Treaty
    (ANZUS), and the United Kingdom is party to the North Atlantic
    Treaty and participates in the North Atlantic Treaty
    Organization (NATO). Australia and the United Kingdom continue
    to be committed to the mutual defense and security provided
    through ANZUS and NATO, respectively.
        I have considered the views and recommendations of the
    interested departments and agencies and have determined that
    the performance of the Agreement will promote, and will not
    constitute an unreasonable risk to, the common defense and
    security. Further, I have approved the program outlined in the
    Agreement and have determined that such program will promote,
    and will not constitute an unreasonable risk to, the common
    defense and security. Accordingly, I have approved the
    Agreement, authorized its execution, and urge that the Congress
    give it favorable consideration.
                Sincerely,

                                                   Joseph R. Biden, Jr.

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