[Congressional Record Volume 156, Number 66 (Wednesday, May 5, 2010)]
[Senate]
[Page S3161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED 
 STATES OF AMERICA AND THE GOVERNMENT OF AUSTRALIA CONCERNING PEACEFUL 
                     USES OF NUCLEAR ENERGY--PM 52

  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 
Australia Concerning Peaceful Uses of Nuclear Energy. 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, 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 Secretaries of 
State and 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 nonproliferation and other 
foreign policy interests of the United States.
  The proposed Agreement provides a comprehensive framework for 
peaceful nuclear cooperation with Australia based on a mutual 
commitment to nuclear nonproliferation. The Agreement has an initial 
term of 30 years from the date of its entry into force, and will 
continue in force thereafter for additional periods of 5 years each, 
unless terminated by either party on 6 months' advance written notice 
at the end of the initial 30-year term or at the conclusion of any of 
the additional 5-year periods. The proposed Agreement permits the 
transfer of information, material, equipment (including reactors), and 
components for nuclear research and nuclear power production. It does 
not permit transfers of Restricted Data, sensitive nuclear technology, 
sensitive nuclear facilities, or major critical components of such 
facilities. In the event of termination of the proposed Agreement, key 
nonproliferation conditions and controls continue with respect to 
material, equipment, and components subject to the proposed Agreement.
  Australia is a non-nuclear weapon state party to the Treaty on the 
Non-Proliferation of Nuclear Weapons (NPT). Australia has concluded a 
Safeguards Agreement and Additional Protocol with the International 
Atomic Energy Agency. Australia is 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 Australia's domestic civil 
nuclear activities and its nuclear nonproliferation policies and 
practices, including its nuclear export policies and practices, is 
provided in the NPAS and the NPAS classified annex 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. I urge the Congress to give 
it favorable consideration.
  This transmission shall constitute a submittal for purposes of both 
sections 123b. and 123d. of the Act. My Administration is prepared to 
begin immediately the consultations with the Senate Committee on 
Foreign Relations and the House Committee on Foreign Affairs as 
provided in section 123b. Upon completion of the 30 days of continuous 
session review provided for in section 123b., the 60 days of continuous 
session review provided for in section 123d. shall commence.
                                                        Barack Obama.  
The White House, May 5, 2010.

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