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.