[Congressional Record Volume 154, Number 78 (Tuesday, May 13, 2008)]
[Senate]
[Pages S4103-S4104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TEXT OF A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED 
  STATES OF AMERICA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION FOR 
   COOPERATION IN THE FIELD OF PEACEFUL USES OF NUCLEAR ENERGY--PM 48

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations:

To the Congress of the United States:
  I am pleased to transmit to the Congress, pursuant to sections 123b. 
and 123d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2153(b), (d)) (the ``Act''), the text of a proposed Agreement Between 
the Government of the United States of America and the Government of 
the Russian Federation for Cooperation in the Field of Peaceful Uses of 
Nuclear Energy. I am also pleased to transmit my written approval, 
authorization, and determination concerning the Agreement, and a 
Nuclear Proliferation Assessment Statement (NPAS) concerning the 
Agreement (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 Secretary of State and the Secretary of Energy and a 
letter from the Chairman of the Nuclear Regulatory Commission stating 
the views of the Commission are also enclosed.
  The proposed 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 non-proliferation and other 
foreign policy interests of the United States.
  The proposed Agreement provides a comprehensive framework for 
peaceful nuclear cooperation with Russia based on a mutual commitment 
to nuclear non-proliferation. It has a term of 30 years, and permits 
the transfer of technology, material, equipment (including reactors), 
and components for nuclear research and nuclear power production. It 
does not permit transfers of Restricted Data, and permits transfers of 
sensitive nuclear technology, sensitive nuclear facilities, and major 
critical components of such facilities by amendment to the Agreement. 
In the event of termination, key non-proliferation conditions and 
controls continue with respect to material and equipment subject to the 
Agreement.
  The Russian Federation is a nuclear weapon state party to the Treaty 
on the Non-Proliferation of Nuclear Weapons. Like the United States, it 
has a ``voluntary offer'' safeguards agreement with the International 
Atomic Energy Agency (IAEA). That agreement gives the IAEA the right to 
apply safeguards on all source or special fissionable material at 
peaceful nuclear facilities on a Russia-provided list. The Russian 
Federation is also a party to the Convention on the Physical Protection 
of Nuclear Material, which establishes international standards of 
physical protection for the use, storage, and transport of nuclear 
material. It is also a member of the Nuclear Suppliers Group, whose 
non-legally binding Guidelines set forth standards for the responsible 
export of nuclear commodities for peaceful use. A more detailed 
discussion of Russia's domestic civil nuclear program and its nuclear 
non-proliferation policies and practices, including its nuclear export 
policies and practices, is provided in the NPAS and

[[Page S4104]]

in the classified annex to the NPAS submitted to the Congress 
separately.
  I have considered the views and recommendations of the interested 
agencies in reviewing the proposed 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 
sections 123b. and 123d. of the Atomic Energy Act. My Administration is 
prepared to begin immediately the consultations with the Senate Foreign 
Relations Committee and House Foreign Affairs Committee as provided in 
section 123b. Upon completion of the 30-day continuous session period 
provided for in section 123b., the 60-day continuous session period 
provided for in section 123d. shall commence.
                                                      George W. Bush.  
The White House, May 12, 2008.

                          ____________________