[Public Papers of the Presidents of the United States: George W. Bush (2008, Book I)]
[May 12, 2008]
[Pages 676-677]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Congress Transmitting the Proposed Russia-United States 
Agreement on Cooperation in the Field of Peaceful Uses of Nuclear Energy
May 12, 2008

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 Between 
the Government of the United States of America and the Government of the 
Russian Federation for Cooperation in the Field of Peaceful Uses of 
Nuclear Energy. I am also pleased to transmit my written approval, 
authorization, and determination concerning the Agreement, and a 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), 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 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.
    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 non-proliferation and other 
foreign policy interests of the United States.
    The proposed Agreement provides a comprehensive framework for 
peaceful nuclear cooperation with Russia based on a mutual commitment to 
nuclear non-proliferation. It has a term of 30 years, and permits the 
transfer of technology, material, equipment (including reactors), and 
components for nuclear research and nuclear power production. It does 
not permit transfers of Restricted Data, and permits transfers of 
sensitive nuclear technology, sensitive nuclear facilities, and major 
critical components of such facilities by amendment to the Agreement. In 
the event of termination, key non-proliferation conditions and controls 
continue with respect to material and equipment subject to the 
Agreement.
    The Russian Federation is a nuclear weapon state party to the Treaty 
on the Non-Proliferation of Nuclear Weapons. Like the United States, it 
has a ``voluntary offer'' safeguards agreement with the International 
Atomic Energy Agency (IAEA). That agreement gives the IAEA the right to 
apply safeguards on all source or special fissionable material at 
peaceful nuclear facilities on a Russia-provided list. The Russian 
Federation is also 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 Russia's domestic civil nuclear program and its nuclear 
non-proliferation policies and practices, including its nuclear export 
policies and practices, is provided in the NPAS and in the classified 
annex to the NPAS submitted to the Congress separately.
    I have considered the views and recommendations of the interested 
agencies in reviewing the proposed Agreement and

[[Page 677]]

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 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 Atomic Energy Act. My Administration 
is prepared to begin immediately the consultations with the Senate 
Foreign Relations Committee and House Foreign Affairs Committee as 
provided in section 123 b. Upon completion of the 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,

 May 12, 2008.

Note: This message was released by the Office of the Press Secretary on 
May 13.