    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book I)]
    [May 9, 2002]
    [Pages 767-768]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Transmitting 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
    May 9, 2002

    To the Senate of the United States:
        I submit herewith, for Senate advice and consent to ratification,
    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 (the ``Additional Protocol''). Adhering to the
    Additional Protocol will bolster U.S. efforts to strengthen nuclear
    safeguards and promote the nonproliferation of nuclear weapons, which is
    a cornerstone of U.S. foreign and national security policy.
        At the end of the Persian Gulf War, the world learned the extent of
    Iraq's clandestine pursuit of an advanced program to develop nuclear
    weapons. In order to increase the capability of the International Atomic
    Energy Agency (the ``Agency'') to detect such programs, the
    international community negotiated a Model Additional Protocol (the
    ``Model Protocol'') to strengthen the Agency's nuclear safeguards
    system. The Model Protocol is to be used to amend the existing bilateral
    safeguards agreements of states with the Agency.
        The Model Protocol is a milestone in U.S. efforts to strengthen the
    safeguards system of the Agency and thereby to reduce the threat posed
    by clandestine efforts to develop a nuclear weapon capability. By
    accepting the Model Protocol, states assume new obligations that will
    provide far greater transparency for their nuclear activities.
    Specifically, the Model Protocol strengthens safeguards by requiring
    states to provide broader declarations to the Agency about their nuclear
    programs and nuclear-related activities and by expanding the access
    rights of the Agency.
        The United States signed the Additional Protocol at Vienna on June
    12, 1998. The Additional Protocol is a bilateral treaty that would
    supplement and amend the Agency verification arrangements under the
    existing Agreement Between the United States of America and the
    International Atomic Energy Agency for the Application of Safeguards in
    the United States of America of November 18, 1977 (the ``Voluntary
    Offer''), which entered into force on December 9, 1980. The Additional
    Protocol will enter into force when the United States notifies the
    Agency that the U.S. statutory and constitutional requirements for entry
    into force have been met.
        The Treaty on the Non-Proliferation of Nuclear Weapons (the ``NPT'')
    requires non-nuclear-weapon states parties to accept Agency safeguards
    on their nuclear activities. The United States, as a nuclear-weapon
    state party to the NPT, is not obligated to accept Agency safeguards on
    its nuclear

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    activities. Nonetheless, it has been the announced policy of the United
    States since 1967 to permit the application of Agency safeguards to its
    nuclear facilities--excluding only those of direct national security
    significance. The Additional Protocol similarly allows the United States
    to exclude its application in instances where the United States decides
    that its application would result in access by the Agency to activities
    with direct national security significance to the United States or
    access to locations or information associated with such activities. I
    am, therefore, confident that the Additional Protocol, given our right
    to invoke the national security exclusion and to manage access in
    accordance with established principles for implementing these
    provisions, can be implemented in a fashion that is fully consistent
    with U.S. national security.
        By submitting itself to the same safeguards on all of its civil
    nuclear activities that non-nuclear-weapon states parties to the NPT are
    subject to, the United States intends to demonstrate that adherence to
    the Model Protocol does not place other countries at a commercial
    disadvantage. The U.S. signature of the Additional Protocol was an
    important factor in the decisions of many non-nuclear-weapon states to
    accept the Model Protocol and provided significant impetus toward their
    early acceptance. I am satisfied that the provisions of the Additional
    Protocol, given our right to manage access in accordance with Article 7
    and established implementation principles, will allow the United States
    to prevent the dissemination of proliferation-sensitive information and
    protect proprietary or commercially sensitive information.
        I also transmit, for the information of the Senate, the report of
    the Department of State concerning the Additional Protocol, including an
    article-by-article analysis, a subsidiary arrangement, and a letter the
    United States has sent to the Agency concerning the Additional Protocol.
    Additionally, the recommended legislation necessary to implement the
    Additional Protocol will be submitted separately to the Congress.
        I believe that the Additional Protocol is in the best interests of
    the United States. Our acceptance of this agreement will sustain our
    longstanding record of voluntary acceptance of nuclear safeguards and
    greatly strengthen our ability to promote universal adoption of the
    Model Protocol, a central goal of my nuclear nonproliferation policy.
    Widespread acceptance of the Protocol will contribute significantly to
    our nonproliferation objectives as well as strengthen U.S., allied, and
    international security. I, therefore, urge the Senate to give early and
    favorable consideration to the Additional Protocol, and to give advice
    and consent to its ratification.

                                                              George W. Bush

    The White House,

    May 9, 2002.

    Note: This message was released by the Office of the Press Secretary on
    May 10. An original was not available for verification of the content of
    this message.