[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[Senate]
[Pages S2297-S2298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PRESIDENTIAL MESSAGE

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PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED 
STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 
           CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM 14

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with accompanying 
papers; 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 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 a proposed Agreement for 
Cooperation Between the Government of the United States of America and 
the Government of the People's Republic of China 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, as amended by Title XII of the Foreign 
Affairs Reform and Restructuring Act of 1998 (Public Law 105-277), two 
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 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 containing a comprehensive analysis 
of China's export control system with respect to nuclear-related 
matters, including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or missile-

[[Page S2298]]

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 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 China based on a mutual commitment to 
nuclear nonproliferation. It would permit the transfer of material, 
equipment (including reactors), components, information, and technology 
for nuclear research and nuclear power production. It does not permit 
transfers of any 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 proposed Agreement would obligate the United States and China to 
work together to enhance their efforts to familiarize commercial 
entities in their respective countries about the requirements of the 
Agreement as well as national export controls and policies applicable 
to exports and imports subject to the Agreement. It would have a term 
of 30 years from the date of its entry into force. Either party may 
terminate the proposed Agreement on at least 1 year's written notice to 
the other party.
  Since the 1980s, China has become a party to several nonproliferation 
treaties and conventions and worked to bring its domestic export 
control authorities in line with international standards. China joined 
the Treaty on the Non-Proliferation of Nuclear Weapons in 1992 as a 
nuclear weapon state, brought into force an Additional Protocol to its 
International Atomic Energy Agency safeguards agreement in 2002, and 
joined the Nuclear Suppliers Group in 2004. China is a party to the 
Convention on the Physical Protection of Nuclear Material, which 
establishes international standards of physical protection for use, 
storage, and transport of nuclear material, and has ratified the 2005 
Amendment to the Convention. A more detailed discussion of China's 
civil nuclear program and its nuclear nonproliferation policies and 
practices, including its nuclear export policies and practices, is 
provided in the NPAS and in two classified annexes to the NPAS 
submitted to you separately. As noted above, the Director of National 
Intelligence will provide an addendum to the NPAS containing a 
comprehensive analysis of the export control system of China with 
respect to nuclear-related matters.
  I have considered the views and recommendations of the interested 
departments and 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 proposed 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 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 review provided for in section 123 d. shall commence.
                                                        Barack Obama.  
The White House, April 21, 2015.

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