[Congressional Record Volume 160, Number 17 (Wednesday, January 29, 2014)]
[Senate]
[Pages S596-S597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 TEXT OF A PROPOSED THIRD AMENDMENT TO THE AGREEMENT FOR CO-OPERATION 
   BETWEEN THE UNITED STATES OF AMERICA AND THE INTERNATIONAL ATOMIC 
                          ENERGY AGENCY--PM 28

  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 Third Amendment to 
the Agreement for Co-operation Between the United States of America and 
the International Atomic Energy Agency (IAEA) (the ``Amendment''). I am 
also pleased to transmit my written approval, authorization, and 
determination concerning the Amendment, and an unclassified Nuclear 
Proliferation Assessment Statement (NPAS) concerning the Amendment. (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. An addendum to the NPAS pursuant to section 102A of the 
National Security Act of 1947 (50 U.S.C. 403-1), as amended, is being 
submitted separately by the Director of National Intelligence.
  The proposed Amendment 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.
  Pursuant to the proposed Amendment, the Agreement for Co-operation 
Between the United States of America and the International Atomic 
Energy Agency, signed at Vienna May 11, 1959, as amended and extended 
February 12, 1974, and January 14, 1980 (the ``Agreement''), would 
continue to provide a comprehensive framework for peaceful nuclear 
cooperation with the IAEA and facilitate our mutual objectives related 
to nonproliferation and the peaceful uses of nuclear energy.
  The primary purposes of the Agreement are to enable exports from the 
United States of nuclear material and equipment to IAEA Member States 
for research reactors and, in certain cases, for power reactors, and to 
enable transfers from the United States of small samples of nuclear 
material to the IAEA for safeguards and research purposes.
  Under the proposed Amendment, the term of the Agreement will be 
extended an additional 40 years for a total term of 95 years.
  The Agreement permits the transfer of material, equipment (including 
reactors), and facilities for nuclear research and nuclear power 
production. It does not permit transfers of Restricted Data, sensitive 
nuclear facilities, or major critical components of such facilities, 
or, unless specifically provided for in a supply agreement or an 
amendment thereto, transfers of sensitive nuclear technology. In the 
event of termination of the Agreement, key nonproliferation conditions 
and controls continue with respect to material, equipment, and 
facilities subject to the Agreement.
  A more detailed discussion of the IAEA's nuclear nonproliferation and 
peaceful uses activities is provided in the NPAS and in a classified 
annex to the NPAS submitted to you separately.
  I have considered the views and recommendations of the interested 
agencies in reviewing the proposed Amendment to 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 Amendment and authorized its execution and urge 
that the Congress give it favorable consideration.
  This transmission shall constitute a submittal for purposes of both 
sections 123 b. and 123 d. of the Act. My Administration is prepared to 
begin immediately the consultations with the Senate Foreign Relations 
Committee and the House Foreign Affairs Committee as provided in 
section 123 b. Upon completion of the 30 days of continuous session 
review provided for in section 123 b., the 60 days of continuous 
session

[[Page S597]]

review provided for in section 123 d. shall commence.
                                                        Barack Obama.  
The White House, January 29, 2014.

                          ____________________