[House Document 118-86]
[From the U.S. Government Publishing Office]



118th Congress, 1st Session - - - - - - - - - - - - House Document 118-86

 
  A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE 
UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES CONCERNING 
                    PEACEFUL USES OF NUCLEAR ENERGY

                               __________


                                 MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING


  A PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE 
UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES CONCERNING 
PEACEFUL USES OF NUCLEAR ENERGY, 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 IF TIFF FORMAT]


  December 1, 2023.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
         
         
                          ____________
             
             
               U.S. GOVERNMENT PUBLISHING OFFICE                 
         
49-011                 WASHINGTON : 2023         





         
To the Congress of the United States:
    I am pleased to transmit to the Congress, pursuant to 
subsections 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 
an Agreement for Cooperation between the Government of the 
United States of America and the Government of the Republic of 
the Philippines Concerning Peaceful Uses of Nuclear Energy (the 
``Agreement'').
    I am also pleased to transmit my written approval, 
authorization, and determination concerning the Agreement and 
an unclassified Nuclear Proliferation Assessment Statement 
(NPAS) concerning the Agreement. In accordance with section 123 
of the Act, 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 Chair of the Nuclear 
Regulatory Commission stating the views of the Commission are 
also enclosed. An addendum to the NPAS containing a 
comprehensive analysis of the export control system of the 
Republic of the Philippines with respect to nuclear-related 
matters, including interactions with other countries of 
proliferation concern and the actual or suspected nuclear, 
dual-use, or missile-related transfers to such countries, 
pursuant to section 102A(w) of the National Security Act of 
1947 (50 U.S.C. 3024(w)), is being submitted separately by the 
Director of National Intelligence.
    The Agreement 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 of America.
    The Agreement contains all of the provisions required by 
subsection 123 a. of the Act. It provides a comprehensive 
framework for peaceful nuclear cooperation with the Republic of 
the Philippines based on a mutual commitment to nuclear 
nonproliferation. It would permit the transfer of material, 
equipment, (including reactors), components, and information 
for peaceful nuclear purposes. It would not permit the transfer 
of Restricted Data or sensitive nuclear technology. Any special 
fissionable material transferred could only be in the form of 
low enriched uranium, with the exception of small quantities of 
material for use as samples, standards, detectors, or targets, 
or for such other purposes as the parties may agree.
    Through the Agreement, the Republic of the Philippines 
would affirm its intent to rely on existing international 
markets for nuclear fuel services rather than acquiring 
sensitive nuclear technology (i.e., for enrichment and 
reprocessing), and the United States would affirm its intent to 
support the supply of reactors, material, and equipment in 
order to ensure a reliable supply of low enriched uranium fuel 
to the Republic of the Philippines.
    The Agreement has a term of 30 years, although it can be 
terminated by either party upon providing 1 year's advance 
written notice. In the event of termination or expiration of 
the Agreement, key nonproliferation conditions and controls 
will continue in effect as long as any material, equipment, or 
components subject to the Agreement remain in the territory of 
the party concerned or under its jurisdiction or control 
anywhere, or until such time as the parties agree that such 
material, equipment, or components are no longer usable for any 
nuclear activity relevant from the point of view of safeguards.
    The Republic of the Philippines has an excellent track 
record on nonproliferation and has consistently reiterated its 
commitment to nonproliferation. Through its constitution, the 
Republic of the Philippines has adopted and pursued a policy of 
freedom from nuclear weapons in its territory. It is a party to 
the Treaty on the Non-Proliferation of Nuclear Weapons and has 
concluded a Comprehensive Safeguards Agreement and Additional 
Protocol with the International Atomic Energy Agency. The 
Republic of the Philippines was also among the early sponsors 
of and is a State Party to the Treaty on the Southeast Asia 
Nuclear Weapon-Free Zone. A more detailed discussion of the 
Republic of the Philippines' domestic civil nuclear activities 
and its nuclear nonproliferation policies and practices is 
provided in the NPAS and its classified annex.
    I have considered the views and recommendations of the 
interested departments and agencies in reviewing 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 Agreement and 
authorized its execution and urge that the Congress give it 
favorable consideration.
    This transmission shall constitute a submittal for purposes 
of both subsections 123 b. and 123 d. of the Act. My 
Administration is prepared to begin immediately consultations 
with the Senate Foreign Relations Committee and the House 
Foreign Affairs Committee, as provided in subsection 123 b. 
Upon completion of the 30 days of continuous session review 
provided for in subsection 123 b., the 60 days of continuous 
session review provided for in subsection 123 d. shall 
commence.

                                               Joseph R. Biden, Jr.
    The White House, November 30, 2023.



    
  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]