[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.