[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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