[Congressional Record Volume 149, Number 52 (Tuesday, April 1, 2003)]
[Senate]
[Pages S4628-S4629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:
       By Mr. LUGAR, from the Committee on Foreign Relations:

   [Treaty Doc. 106-48  Joint Convention on Safety of Spent Fuel and 
         Radioactive Waste Management (Exec. Rept. No. 108-5)]

Text of the Resolution of Ratification as Reported by the Committee on 
                           Foreign Relations

       Resolved (two-thirds of the Senators present concurring 
     therein).

     SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS.

       The Senate advises and consents to the ratification of the 
     Joint Convention on the Safety of Spent Fuel Management and 
     on the Safety of Radioactive Waste Management, done at Vienna 
     on September 5, 1997 (Treaty Document 106-48), subject to the 
     conditions of section 2.

     SEC. 2. CONDITIONS.

       The advice and consent of the Senate to ratification of the 
     Convention on the Safety of Spent Fuel Management and on the 
     Safety of Radioactive Waste Management is subject to the 
     following conditions, which shall be binding upon the 
     President:
       (1) Commitment to request and review reports--Not later 
     than 45 days after the deposit of the United States 
     instrument of ratification, the President shall certify to 
     the appropriate committees of Congress that the United States 
     will:
       (A) request copies of all national reports submitted 
     pursuant to Article 32 of the Convention; and
       (B) comment in each review meeting held pursuant to Article 
     30 of the Convention (including each meeting of a subgroup) 
     upon aspects of safety significance in any report submitted 
     pursuant to Article 32 of the Convention by a Contracting 
     Party that is receiving United States financial or technical 
     assistance relating to the improvement of its nuclear and 
     radiological safety and security practices.
       (2) complete review of information by the legislative 
     branch of government.--
       (A) Understanding.--The United States understands that 
     neither Article 36 nor any other provision of the Convention 
     shall be construed as limiting the access of the legislative 
     branch of the United States Government to any information 
     relating to the operation of the Convention, including access 
     to information described in Article 36 of the Convention.
       (B) Protection of information.--The Senate understands that 
     the confidentiality of information provided by other 
     Contracting Parties that is properly identified as protected 
     pursuant to Article 36 of the Convention will be respected.
       (C) Certification.--Not later than 45 days after the 
     deposit of the United States instrument of ratification, the 
     President shall certify to the appropriate committees of 
     Congress that the Comptroller General of the United States 
     shall be given full and complete access to--
       (i) all information in the possession of the United States 
     Government specifically relating to the operation of the 
     Convention that is submitted by any other Contracting Party 
     pursuant to Article 32 of the Convention, including any 
     report or document; and
       (ii) information specifically relating to any review or 
     analysis by any department, agency, or other entity of the 
     United States, or any official thereof, undertaken pursuant 
     to Article 30 of the Convention, of any report or document 
     submitted by any other Contracting Party.
       (D) Reports to Congress.--Upon the request of the chairman 
     of either of the appropriate committees of Congress, the 
     President shall submit to the respective committee an 
     unclassified report, and a classified annex as appropriate, 
     detailing--
       (i) how the objective of a high level of nuclear and 
     radiological safety and security has been furthered by the 
     operation of the Convention;
       (ii) with respect to the operation of the Convention on an 
     Article-by-Article basis--
       (I) the situation addressed in the Article of the 
     Convention;
       (II) the results achieved under the Convention in 
     implementing the relevant obligation under that Article of 
     the Convention; and
       (III) the plans and measures for corrective action on both 
     a national and international level to achieve further 
     progress in implementing the relevant obligation under that 
     Article of the Convention; and
       (iii) on a country-by-country basis, for each Contracting 
     Party that is receiving United States financial or technical 
     assistance relating to nuclear or radiological safety or 
     security improvement--
       (I) a list of all nuclear facilities within the country, 
     including those installations operating, closed, and planned, 
     and an identification of those nuclear facilities where 
     significant corrective action is found necessary by 
     assessment;
       (II) a review of all safety or security assessments 
     performed and the results of those assessments for existing 
     nuclear facilities;
       (III) a review of the safety and security of each nuclear 
     facility using facility-specific data and analysis showing 
     trends of safety or security significance and illustrated by 
     particular issues at each facility;
       (IV) a review of the position of the country as to the 
     further operation of each nuclear facility in the country;
       (V) an evaluation of the adequacy and effectiveness of the 
     national legislative and regulatory framework in place in the 
     country, including an assessment of the licensing system, 
     inspection, assessment, and enforcement procedures governing 
     the safety and security of nuclear facilities;
       (VI) a description of the country's on-site and off-site 
     emergency preparedness; and
       (VII) the amount of financial and technical assistance 
     relating to nuclear or radiological

[[Page S4629]]

     safety or security improvement expended as of the date of the 
     report by the United States, including, to the extent 
     feasible, an itemization by nuclear facility, and the amount 
     intended for expenditure by the United States on each such 
     facility in the future.
       (3) Treaty interpretation.--The Senate reaffirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997, relating to condition (1) of the resolution of 
     ratification of the Intermediate-Range Nuclear Forces (INF) 
     Treaty, approved by the Senate on May 27, 1988.

     SEC. 3. DEFINITIONS.

       As used in this resolution:
       (1) Appropriate committees of Congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (2) Contracting party.--The term ``Contracting Party'' 
     means any nation that is a party to the Convention.
       (3) Convention.--The term ``Convention'' means the 
     Convention on the Safety of Spent Fuel Management and on the 
     Safety of Radioactive Waste Management, done at Vienna on 
     September 5, 1997 (Treaty Document 1060948).
       (4) Nuclear facility.--The term ``nuclear facility'' has 
     the meaning given the term in Article 2(f) of the Convention.
       (5) United states instrument of ratification.--The term 
     ``United States instrument of ratification'' means the 
     instrument of ratification of the United States of the 
     Convention.

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