[Congressional Record Volume 156, Number 69 (Monday, May 10, 2010)]
[Senate]
[Pages S3471-S3472]
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 THE RUSSIAN FEDERATION 
           CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM-53

  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 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 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 (the ``Agreement''). I am also pleased to transmit my 
written approval of the proposed Agreement and determination that the 
proposed Agreement will promote, and will not constitute an 
unreasonable risk to, the common defense and security, together with a 
copy of 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), classified annexes 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 proposed Agreement was signed in Moscow on May 6, 2008. Former 
President George W. Bush approved the Agreement and authorized its 
execution, and he made the determinations required by section 123 b. of 
the Act. (Presidential Determination 2008-19 of May 5, 2008, 73 FR 
27719 (May 14, 2008)).
  On May 13, 2008, President Bush transmitted the Agreement, together 
with his Presidential Determination, an unclassified NPAS, and 
classified annex, to the Congress for review (see House Doc. 110-112, 
May 13, 2008). On September 8, 2008, prior to the completion of the 90-
day continuous session review period, he sent a message informing the 
Congress that ``in view of recent actions by the Government of the 
Russian Federation incompatible with peaceful relations with its 
sovereign and democratic neighbor, Georgia,'' he had determined that 
his earlier determination (concerning performance of the proposed 
Agreement promoting, and not constituting an unreasonable risk to, the 
common defense and security) was no longer effective. He further stated 
that if circumstances should permit future reconsideration by the 
Congress, a new determination would be made and the proposed Agreement 
resubmitted.

  After review of the situation and of the NPAS and classified annex, I 
have concluded: (1) that the situation in Georgia need no longer be 
considered an obstacle to proceeding with the proposed Agreement; and 
(2) that the level and scope of U.S.-Russia cooperation on Iran are 
sufficient to justify resubmitting the proposed Agreement to the 
Congress for the statutory review period of 90 days of continuous 
session and, absent enactment of legislation to disapprove it, taking 
the remaining steps to bring it into force.
  The Secretary of State, the Secretary of Energy, and the members of 
the Nuclear Regulatory Commission (NRC) have recommended that I 
resubmit the proposed Agreement to the Congress for review. The joint 
memorandum submitted to me by the Secretaries of State and Energy and a 
letter from the Chairman of the NRC stating the views of the Commission 
are enclosed.
  I have considered the views and recommendations of the interested 
departments and agencies in reviewing the proposed Agreement, and have 
determined that performance of the proposed Agreement will promote, and 
will not constitute an unreasonable risk to, the common defense and 
security. Accordingly, I have approved the proposed Agreement and urge 
the Congress to give the proposed Agreement favorable consideration.
  My reasons for resubmitting the proposed Agreement to the Congress 
for its review at this time are as follows:
  The United States and Russia have significantly increased cooperation 
on nuclear nonproliferation and civil nuclear energy in the last 12 
months, starting with the establishment of the Bilateral Presidential 
Commission Working Group on Nuclear Energy and Security. In our July 
2009 Joint Statement on Nuclear Cooperation, Russian President Medvedev 
and I acknowledged the shared vision between the United States and 
Russia of the growth of clean, safe, and secure nuclear energy for 
peaceful purposes and committed to work together to bring into force 
the agreement for nuclear cooperation to achieve this end. The Russian 
government has indicated its support for a new United Nations Security 
Council Resolution on Iran and has begun to engage on specific 
resolution elements with P5 members in New York. On April 8, 2010, the 
United States and Russia signed a historic New START Treaty 
significantly reducing the number of strategic nuclear weapons both 
countries may deploy. On April 13, both sides signed the Protocol to 
amend the 2000 U.S.-Russian Plutonium Management and Disposition 
Agreement, which is an essential step toward fulfilling each country's 
commitment to effectively and transparently dispose of at least 34 
metric tons of excess weapon-grade plutonium, enough for about 17,000 
nuclear weapons, with more envisioned to be disposed of in the future. 
Russia recently established an international nuclear fuel reserve in 
Angarsk to provide an incentive to other nations not to acquire 
sensitive uranium enrichment technologies. Joint U.S. and Russian 
leadership continue to successfully guide the Global Initiative to 
Combat Nuclear Terrorism as it becomes a durable 
international institution. The United States believes these events 
demonstrate significant progress in the U.S.-Russia nuclear 
nonproliferation relationship and that it is now appropriate to move 
forward with this Agreement for cooperation in the peaceful uses of 
nuclear energy.

  The proposed Agreement has been negotiated in accordance with the Act 
and other applicable laws. 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 Russia based on a mutual commitment 
to nuclear nonproliferation. It has a term of 30 years, and permits the 
transfer, subject to subsequent U.S. licensing decisions, of 
technology, material, equipment (including reactors), and components 
for nuclear research and nuclear power production. It does not permit 
transfers of Restricted Data. Transfers of sensitive nuclear 
technology, sensitive nuclear facilities, and major critical components 
of such facilities may only occur if the Agreement is amended to cover 
such transfers. In the event of termination, key nonproliferation 
conditions and controls continue with respect to material, equipment, 
and components subject to the Agreement.
  The Russian Federation is a nuclear weapon state party to the Treaty 
on the Non-Proliferation of Nuclear Weapons (NPT). 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-

[[Page S3472]]

use nuclear facilities on a list provided by Russia. 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 
nonproliferation policies and practices, including its nuclear export 
policies and practices, is provided in the NPAS and in the classified 
annexes to the NPAS submitted to the Congress separately.
  This transmittal shall constitute a submittal for purposes of both 
sections 123 b. and 123 d. of the Act. My Administration is prepared to 
immediately begin the consultations with the Senate Committee on 
Foreign Relations and House Committee on Foreign Affairs as provided in 
section 123 b. Upon completion of the 30-day continuous session period 
provided for in section 123 b., the 60-day continuous session period 
provided for in section 123 d. shall commence.
                                                        Barack Obama.  
The White House, May 10, 2010.

                          ____________________