[Congressional Record Volume 169, Number 197 (Thursday, November 30, 2023)]
[Senate]
[Pages S5691-S5692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       MESSAGE FROM THE PRESIDENT

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  TEXT OF AN AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE 
  UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE 
     PHILIPPINES CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM 32

  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 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 an Agreement for Cooperation 
between the Government of the United States of America and the 
Government of the Republic of the Philippines 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, 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 Chair of the Nuclear Regulatory Commission stating the views 
of the Commission are also enclosed. An addendum to the NPAS containing 
a comprehensive analysis of the export control system of the Republic 
of the Philippines 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 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 of America.
  The Agreement contains all of the provisions required by subsection 
123 a. of the Act. It provides a comprehensive framework for peaceful 
nuclear cooperation with the Republic of the Philippines based on a 
mutual commitment to nuclear nonproliferation. It would permit the 
transfer of material, equipment (including reactors), components, and 
information for peaceful nuclear purposes. It would not permit the 
transfer of Restricted Data or sensitive nuclear technology. Any 
special fissionable material transferred could only be in the form of 
low enriched uranium, with the exception of small quantities of 
material for use as samples, standards, detectors, or targets, or for 
such other purposes as the parties may agree.
  Through the Agreement, the Republic of the Philippines would affirm 
its intent to rely on existing international markets for nuclear fuel 
services rather than acquiring sensitive nuclear technology (i.e., for 
enrichment and reprocessing), and the United States would affirm its 
intent to support the supply of reactors, material, and equipment in 
order to ensure a reliable supply of low enriched uranium fuel to the 
Republic of the Philippines.
  The Agreement has a term of 30 years, although it can be terminated 
by either party upon providing 1 year's advance written notice. In the 
event of termination or expiration of the Agreement, key 
nonproliferation conditions and controls will continue in effect as 
long as any material, equipment, or components subject to the Agreement 
remain in the territory of the party concerned or under its 
jurisdiction or control anywhere, or until such time as the parties 
agree that such material, equipment, or components are no longer usable 
for any nuclear activity relevant from the point of view of safeguards.
  The Republic of the Philippines has an excellent track record on 
nonproliferation and has consistently reiterated its commitment to 
nonproliferation. Through its constitution, the Republic of the 
Philippines has adopted and pursued a policy of freedom from nuclear 
weapons in its territory. It is a party to the Treaty on the Non-
Proliferation of Nuclear Weapons and has concluded a Comprehensive 
Safeguards Agreement and Additional Protocol with the International 
Atomic Energy Agency. The Republic of the Philippines was also among 
the early sponsors of and is a State Party to the Treaty on the 
Southeast Asia Nuclear Weapon-Free Zone. A more detailed discussion of 
the Republic of the Philippines' domestic civil nuclear activities and 
its nuclear nonproliferation policies and practices is provided in the 
NPAS and its classified annex.
  I have considered the views and recommendations of the interested 
departments and agencies in reviewing the Agreement and have determined 
that its performance will promote, and will not constitute an 
unreasonable risk to,

[[Page S5692]]

the common defense and security. Accordingly, I have approved the 
Agreement and authorized its execution and urge that the Congress give 
it favorable consideration.
  This transmission shall constitute a submittal for purposes of both 
subsections 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 
subsection 123 b. Upon completion of the 30 days of continuous session 
review provided for in subsection 123 b., the 60 days of continuous 
session review provided for in subsection 123 d. shall commence.
                                                  Joseph R. Biden, Jr. 
The White House, November 30, 2023.

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