    [Weekly Compilation of Presidential Documents Volume 44, Number 52 (Monday, January 5, 2009)]
    [Page 1590]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Letter to Congressional Leaders Certifying Actions Related to the
    Protocol Additional to the Agreement Between the United States of
    America and the International Atomic Energy Agency for the Application
    of Safeguards in the United States of America

    December 30, 2008

    Dear _____ :

        I have considered the Protocol Additional to the Agreement between
    the United States of America and the International Atomic Energy Agency
    for the Application of Safeguards in the United States of America, with
    Annexes, signed at Vienna on June 12, 1998 (the ``U.S.-IAEA Additional
    Protocol'') (T. Doc. 107-7), along with the views, recommendations, and
    statements of all interested executive branch agencies. In accordance
    with the first condition of the March 31, 2004, Senate resolution of
    advice and consent to ratification of the U.S.- IAEA Additional
    Protocol, I hereby certify that not later than 180 days after the
    deposit of the United States instrument of ratification:
         1. all necessary regulations will be promulgated and will be in
          force regarding the use of the National Security Exclusion under
          Article 1.b of the U.S.-IAEA Additional Protocol, and such
          regulations shall be made in accordance with the principles
          developed for the application of the National Security Exclusion;
         2. the managed access provisions of Articles 7 and 1.c of the U.S.-
          IAEA Additional Protocol shall be implemented in accordance with
          the appropriate and necessary interagency guidance and regulation
          regarding such access; and
         3. the necessary security and counterintelligence training and
          preparation will have been completed for any declared locations of
          direct national security significance.
        In accordance with the second condition of the March 31, 2004,
    Senate resolution of advice and consent to ratification of the U.S.-IAEA
    Additional Protocol, I hereby certify that the necessary site
    vulnerability assessments regarding activities, locations, and
    information of direct national security significance to the United
    States will be completed not later than 180 days after the deposit of
    the United States instrument of ratification for the initial United
    States declaration to the International Atomic Energy Agency under the
    U.S.-IAEA Additional Protocol.
         Sincerely,
                                                    George W. Bush

    Note: Identical letters were sent to Ike Skelton, chairman, and Duncan
    Hunter, ranking member, House Committee on Armed Services; Howard L.
    Berman, chairman, and Ileana Ros-Lehtinen, ranking member, House
    Committee on Foreign Affairs; Carl Levin, chairman, and John McCain,
    ranking member, Senate Committee on Armed Services; and Joseph R. Biden,
    Jr., chairman, and Richard G. Lugar, ranking member, Senate Committee on
    Foreign Relations.