[Congressional Record Volume 162, Number 94 (Tuesday, June 14, 2016)]
[Senate]
[Page S3854]
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 KINGDOM OF NORWAY 
           CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM 51

  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 for 
Cooperation Between the Government of the United States of America and 
the Government of the Kingdom of Norway 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 proposed 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. An 
addendum to the NPAS containing a comprehensive analysis of Norway'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-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 contains all the provisions required by 
section 123 a. of the Act, and provides a comprehensive framework for 
peaceful nuclear cooperation with Norway based on a mutual commitment 
to nuclear nonproliferation. It would permit the transfer of 
unclassified information, material, equipment (including reactors), and 
components for nuclear research and nuclear power production. Norway 
has no nuclear power program, and no current plans for establishing 
one, but the proposed Agreement would facilitate cooperation on such a 
program if Norway's plans change in the future. Norway does have an 
active nuclear research program and the focus of cooperation under the 
proposed Agreement, as under the previous agreement, is expected to be 
in the area of nuclear research. The proposed Agreement would not 
permit transfers of Restricted Data, sensitive nuclear technology, 
sensitive nuclear facilities or major critical components of such 
facilities.
  The proposed Agreement would provide advance, long-term 
(programmatic) consent to Norway for the retransfer for storage or 
reprocessing of irradiated nuclear material (spent fuel) subject to the 
Agreement to France, the United Kingdom, or other countries or 
destinations as may be agreed upon in writing. The United States has 
given similar advance consent to various other partners, including to 
Norway under the previous U.S.-Norway Peaceful Nuclear Cooperation 
Agreement that was in force from 1984 to 2014. The proposed Agreement 
would give the United States the option to revoke the advance consent 
if it considers that it cannot be continued without a significant 
increase of the risk of proliferation or without jeopardizing national 
security.
  The proposed Agreement will have a term of 30 years from the date of 
its entry into force, unless terminated by either party on 1 year's 
advance written notice. In the event of termination or expiration of 
the proposed Agreement, key nonproliferation conditions and controls 
will continue in effect as long as any material, equipment, or 
component subject to the proposed Agreement remains in the territory of 
the party concerned or under its jurisdiction or control anywhere, or 
until such time as the parties agree that such items are no longer 
usable for any nuclear activity relevant from the point of view of 
safeguards.
  Norway is a non-nuclear-weapon State party to the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT). Norway has concluded a 
safeguards agreement and additional protocol with the International 
Atomic Energy Agency. Norway 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 Norway's domestic civil 
nuclear activities and its nuclear nonproliferation 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 
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 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, June 14, 2016.

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