[Congressional Record Volume 150, Number 40 (Friday, March 26, 2004)]
[Senate]
[Pages S3213-S3214]
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. 107-7  The Protocol to the Agreement of the International 
 Atomic Energy Agency Regarding Safeguards in the United States (Exec. 
                           Rept. No. 108-12)]

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

     SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS 
                   AND UNDERSTANDINGS.

       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.

     SEC. 2. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions, which shall be binding 
     upon the President:
       (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--
       (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) 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
       (C) the necessary security and counter-intelligence 
     training and preparation will have been completed for any 
     declared locations of direct national security significance.
       (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.

     SEC. 3. UNDERSTANDINGS.

       The advice and consent of the Senate under section 1 is 
     subject to the following understandings:
       (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.
       (2) Notification to congress of added and deleted 
     locations.--
       (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) 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.
       (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.
       (4) Protection of confidential information.--Should the 
     President make a determination that persuasive information is 
     available indicating that--
       (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) such practice or disclosure has resulted in financial 
     losses or damages to a United States person;

     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.
       (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.
       (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

[[Page S3214]]

     verification of the compliance of such parties with Agency 
     obligations.
       (7) Subsidiary arrangements and amendments.--
       (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) Notification of additional subsidiary arrangements and 
     amendments.--The President shall notify the appropriate 
     congressional Committees not later than 30 days after--
       (i) agreeing to any subsidiary arrangement with the Agency 
     under Article 13 of the Additional Protocol; and
       (ii) the adoption by the Agency Board of Governors of any 
     amendment to its Annexes under Article 16.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.

     SEC. 4. DEFINITIONS.

       In this resolution:
       (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).
       (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.
       (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.

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