Amendment to Convention on Physical Protection of Nuclear MaterialSenate Consideration of Treaty Document 110-6
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[Senate Treaty Document 110-6] [From the U.S. Government Printing Office] 110th Congress 1st Session SENATE Treaty Doc. 110-6 _______________________________________________________________________ AMENDMENT TO CONVENTION ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL __________ MESSAGE from THEPRESIDENTOFTHEUNITEDSTATES transmitting AMENDMENT TO THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL (THE ``AMENDMENT''). A CONFERENCE OF STATES PARTIES TO THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL, ADOPTED ON OCTOBER 28, 1979, ADOPTED THE AMENDMENT ON JULY 8, 2005, AT THE INTERNATIONAL ATOMIC ENERGY AGENCY IN VIENNA September 4, 2007.--Treaty was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate LETTER OF TRANSMITTAL ---------- The White House, September 4, 2007. To the Senate of the United States: I transmit herewith for Senate advice and consent to ratification the Amendment to the Convention on the Physical Protection of Nuclear Material (the ``Amendment''). A conference of States Parties to the Convention on the Physical Protection of Nuclear Material, adopted on October 28, 1979, adopted the Amendment on July 8, 2005, at the International Atomic Energy Agency in Vienna. I transmit also, for the information of the Senate, the Department of State report on the Amendment. Legislation necessary to implement the Amendment will be submitted to the Congress separately. The Amendment contains specific provisions to effect a coordinated international response to combating and preventing nuclear terrorism and ensuring global security. It will require each State Party to the Amendment to establish, implement, and maintain an appropriate physical protection regime applicable to nuclear material and nuclear facilities used for peaceful purposes. The aims of the regime are to protect such material against theft or other unlawful taking, to locate and rapidly recover missing or stolen material, to protect such material and facilities against sabotage, and to mitigate or minimize the radiological consequences of sabotage. The Amendment also provides a framework for cooperation among States Parties directed at preventing nuclear terrorism and ensuring punishment of offenders; contains provisions for protecting sensitive physical protection information; and adds new criminal offenses that each State Party must make punishable by law. States Parties must also either submit for prosecution or extradite any person within their jurisdictions alleged to have committed one of the offenses defined in the Convention, as amended. This Amendment is important in the campaign against international nuclear terrorism and nuclear proliferation. I recommend, therefore, that the Senate give early and favorable consideration to this Amendment, subject to the understandings described in the accompanying report of the Department of State. George W. Bush. LETTER OF SUBMITTAL ---------- Department of State, Washington, June 11, 2007. The President, The White House. The President: I have the honor to submit to you, with a view to its transmittal to the Senate for advice and consent to ratification, subject to certain understandings, the Amendment to the Convention on the Physical Protection of Nuclear Material (``the Amendment''), adopted by a diplomatic conference of States Parties on July 8, 2005, at the International Atomic Energy Agency in Vienna. The United States, a party to the Convention on the Physical Protection of Nuclear Material, adopted October 28, 1979 (``the Convention''), led the initiative to pursue the Amendment in order to combat more effectively the increased illicit trafficking in nuclear and other radiological materials in the early 1990's and the threat of terrorist attacks on nuclear material and nuclear facilities in the United States since September 11, 2001. An Overview of the provisions of the Amendment, which recommends that the Senate provide advice and consent to ratification of the Amendment, subject to certain understandings, is enclosed. Proposed legislation to implement the Amendment will be submitted separately to the Congress. The Departments of Justice, Energy, and Defense and the Nuclear Regulatory Commission participated in negotiating the Amendment and join me in recommending that it be transmitted to the Senate at an early date. Respectfully submitted, Condoleezza Rice. Enclosures: As stated.