treaties: 107-7
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| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 107-7 | 107 | 7 | The Protocol to the Agreement of the International Atomic Energy Agency Regarding Safeguards in the United States | Arms Control | 2002-05-09T00:00:00Z | 107-7, International Atomic Energy Agency, T.Doc. 107-7, nuclear | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[108] TreatyRes. 21 for Treaty Doc.107 - 7" /><meta name="Content-Type" content="application/rtf" /><title>[108] TreatyRes. 21 for Treaty Doc.107 - 7</title></head><body><p></p><p><b>Resolved (two-thirds of the Senators present concurring therein),</b></p><p><b>SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS AND UNDERSTANDINGS. </b></p><p><b>The Senate advises and consents to the ratification of 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 June 12, 1998 (T. Doc. 107-7) subject to the conditions in section 2 and the understandings in section 3.</b></p><p><b>SEC. 2. CONDITIONS. </b></p><p><b>The advice and consent of the Senate under section 1 is subject to the following conditions, which shall be binding upon the President:</b></p><p><b>(1) Certifications regarding the National Security Exclusion, managed access, and declared locations.- Prior to the deposit of the United States instrument of ratification, the President shall certify to the appropriate congressional Committees that, not later than 180 days after the deposit of the United States instrument of ratification- </b></p><p><b>(A) 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 Additional Protocol, and that such regulations shall be made in accordance with the principles developed for the application of the National Security Exclusion;</b></p><p><b>(B) the managed access provisions of Articles 7 and 1.c of the Additional Protocol shall be implemented in accordance with the appropriate and necessary inter-agency guidance and regulation regarding such access; and </b></p><p><b>(C) the necessary security and counter-intelligence training and preparation will have been completed for any declared locations of direct national security significance.</b></p><p><b>(2) Certification regarding site vulnerability assessments.- Prior to the deposit of the United States instrument of ratification, the President shall certify to the appropriate congressional Committees 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 (in this resolution referred to as the "Agency") under the Additional Protocol.</b></p><p><b>SEC. 3. UNDERSTANDINGS. </b></p><p><b>The advice and consent of the Senate under section 1 is subject to the following understandings:</b></p><p><b>(1) Implementation of additional protocol.- Implementation of the Additional Protocol will conform to the principles set forth in the letter of April 30, 2002, from the United States Permanent Representative to the International Atomic Energy Agency and the Vienna Office of the United Nations to the Director General of the International Atomic Energy Agency.</b></p><p><b>(2) Notification to congress of added and deleted locations.- </b></p><p><b>(A) Added locations.- The President shall notify the appropriate congressional Committees in advance of declaring to the Agency any addition to the lists of locations within the United States pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the Additional Protocol, together with a certification that such addition will not adversely affect the national security of the United States. During the ensuing 60 days, Congress may disapprove an addition to the lists by joint resolution for reasons of direct national security significance, under procedures identical to those provided for the consideration of resolutions under section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159).</b></p><p><b>(B) Deleted locations.- The President shall notify the appropriate congressional Committees of any deletion from the lists of locations within the United States previously declared to the Agency pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the Additional Protocol that is due to such location having a direct national security significance, together with an explanation of such deletion, as soon as possible prior to providing the Agency information regarding such deletion.</b></p><p><b>(3) Protection of classified information.- The Additional Protocol will not be construed to require the provision, in any manner, to the Agency of "Restricted Data"controlled by the provisions of the Atomic Energy Act of 1954.</b></p><p><b>(4) Protection of confidential information.- Should the President make a determination that persuasive information is available indicating that- </b></p><p><b>(A) an officer or employee of the Agency has willfully published, divulged, disclosed, or made known in any manner or to any extent contrary 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 and the Additional Protocol, any United States confidential business information coming to him or her in the course of his or her official duties relating to the implementation of the Additional Protocol, or by reason of any examination or investigation of any return, report, or record made to or filed with the Agency, or any officer or employee thereof, in relation to the Additional Protocol; and </b></p><p><b>(B) such practice or disclosure has resulted in financial losses or damages to a United States person;</b></p><p><b>the President shall, not later than 30 days after the receipt of such information by the executive branch of the United States Government, notify the appropriate congressional Committees in writing of such determination.</b></p><p><b>(5) Report on consultations on adoption of additional protocols in non-nuclear weapon states.- Not later than 180 days after entry into force of the Additional Protocol, and annually thereafter, the President shall submit to the appropriate congressional Committees a report on measures that have been taken or ought to be taken to achieve the adoption of additional protocols to existing safeguards agreements signed by non-nuclear weapon states party to the Nuclear Non-Proliferation Treaty.</b></p><p><b>(6) Report on united states assistance to the agency for the purpose of additional protocol implementation and verification of the obligations of non-nuclear weapon states.- Not later than 180 days after the entry into force of the Additional Protocol, and annually thereafter, the President shall submit to the appropriate congressional Committees a report detailing the assistance provided by the United States to the Agency in order to promote the effective implementation of additional protocols to safeguards agreements signed by non-nuclear weapon states party to the Nuclear Non-Proliferation Treaty and the verification of the compliance of such parties with Agency obligations.</b></p><p><b>(7) Subsidiary arrangements and amendments.- </b></p><p><b>(A) The subsidiary arrangement.- The Subsidiary Arrangement to the Additional Protocol between the United States and the Agency, signed at Vienna on June 12, 1998 contains an illustrative, rather than exhaustive, list of accepted United States managed access measures.</b></p><p><b>(B) Notification of additional subsidiary arrangements and amendments.- The President shall notify the appropriate congressional Committees not later than 30 days after- </b></p><p><b>(i) agreeing to any subsidiary arrangement with the Agency under Article 13 of the Additional Protocol; and </b></p><p><b>(ii) the adoption by the Agency Board of Governors of any amendment to its Annexes under Article 16.b.</b></p><p><b>(8) Amendments.- Amendments to the Additional Protocol will take effect for the United States in accordance with the requirements of the United States Constitution as the United States determines them.</b></p><p><b>SEC. 4. DEFINITIONS. </b></p><p><b>In this resolution:</b></p><p><b>(1) Additional protocol.- The term "Additional Protocol" means 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 and a Subsidiary Agreement, signed at Vienna June 12, 1998 (T. Doc. 107-7).</b></p><p><b>(2) Appropriate congressional committees.- The term "appropriate congressional committees"means the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on International Relations and the Committee on Armed Services of the House of Representatives.</b></p><p><b>(3) Nuclear non-proliferation treaty.- The term "Nuclear Non-Proliferation Treaty"means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970.</b></p><p></p><p></p></body></html> |
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