[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 3473-3474]
[From the U.S. Government Publishing Office, www.gpo.gov]




  TEXT OF A PROPOSED PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION 
    BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
 GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE 
REPUBLIC OF INDONESIA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--PM 70

  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, consistent with 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 Protocol 
Amending the Agreement for Cooperation Between the Government of the 
United States of America and the Government of the Republic of 
Indonesia Concerning Peaceful Uses of Nuclear Energy, signed at 
Washington on June 30, 1980. I also transmit my written approval, 
authorization, and determination concerning the Protocol, and an 
unclassified Nuclear Proliferation Assessment Statement (NPAS) 
concerning the Protocol. (Consistent 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 
Central Intelligence, summarizing relevant classified information, will 
be submitted to the Congress separately.) The joint memorandum 
submitted to me by the Secretary of State and the Secretary of Energy 
and a letter from the Chairman of the Nuclear Regulatory Commission 
stating the views of the Commission are also enclosed.
  I am advised that the proposed Protocol has been negotiated 
consistent with the Act and other applicable law and that it meets all 
statutory requirements. This Protocol will advance the nonproliferation 
and other foreign policy interests of the United States.
  The Protocol amends the Agreement for Cooperation Between the 
Government of the United States of America and the Government of the 
Republic of Indonesia Concerning Peaceful Uses of Nuclear Energy in two 
respects:
  1. It extends the Agreement, which expired by its terms on December 
30, 2001, until December 30, 2031, with effect from the former date; 
and
  2. It updates certain provisions of the Agreement relating to the 
physical protection of nuclear material subject to the Agreement.
  As amended by the proposed Protocol, the Agreement will continue to 
meet all requirements of U.S. law.
  Indonesia is a party to the Treaty on the Non-Proliferation of 
Nuclear Weapons (NPT) and has an agreement with the IAEA for the 
application of full-scope safeguards to its nuclear program. It was 
also among the early sponsors of, and is a current party to, the 
Southeast Asia Nuclear Weapons Free Zone. The United States and 
Indonesia have had a long and positive history of cooperation in the 
peaceful uses of nuclear energy, with our earliest agreement for this 
purpose dating back to 1960.
  I have considered the views and recommendations of the interested 
agencies in reviewing the proposed Protocol 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 Protocol 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 Atomic Energy Act. My Administration 
is prepared to begin immediately the consultations with the Senate 
Foreign Relations Committee and House International Relations Committee 
consistent with section 123 b. Upon completion of the

[[Page 3474]]

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.
                                                      George W. Bush.  
The White House, March 4, 2004.

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