[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)






    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







   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.












    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





                       [all]