ML20237D699
| ML20237D699 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Stoiber C NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 9808270157 | |
| Download: ML20237D699 (15) | |
Text
. _ - - _ _
gP UNITED STATES 8
NUCLEAR REGULATORY COMMISSION o
g g
WASHINGTON, D.C. 20555 y.....)
COMMISSIONER June 24,1998 MEMORANDUM TO:
Carlton Stoiber, OIP FROM:
Commissioner Diaz d
SUBJECT:
NUCLEAR CONVENT N The Commission would benefit from your objective views of the Senate's proposed language to ratify the Convention on Nuclear Safety.
I will appreciate your comments by July 1,1998.
cc:
Chairman Jackson Commissioner Dicus Commissioner McGaffigan K. Cyr, OGC J. Hoyle, SECY D. Rathbun, OCA PDR s
9908270157 900624 PDR CONFtS NRCC CORRESPONDENCE PDR
\\
.. ; y
(
u
(
44
(,
o g,x i e o Osn
?
i l
Senate of the United States IN EXECUrIVE SESSION June
.1998 Resolved (itco-thirds of the Senators present concur-ring therein),
1 SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO' 2
CONDmONS AND UNDERSTANDINGS.'
3 The Senate advises and consents to the ratification 4 of the Convention on Nuclear Safety, done at Vienna on I
\\
5 September 20,1994 (Senate Treaty Document 104-6),
l 6 subject to the conditions of section 2 and the understand-3 l
7 ings of section 3.
i i
8 SEC.2. CONDITIONS.
9 The advice and consent of the Senate to rati5 cation 10 of the Convention on Nuclear Safety is subject to the fol-11 lowing conditions, which shall be binding upon the Presi-12 dent:
13 (1). CERTIFICATION ON THE EIlMINATION OF 14 DUPLICATIVE ACTIVITIES.-
15 (A) IN GENERAL.-Not later than 45 days 16 after the deposit of the United States instra-17 ment of rati5 cation, the President shall certify 18 to the appropriate committees of Congress that 19 the United States Government will not engage
2-1
(
1 in any multilateral activity in the Geld of inter-2 national nuclear regulation or nuclear safety
-3 that unnecessarily duplicates a multilateral ac-4 tivity undertaken pursuant to~ the Convention.
5 (B) LDHTATION.-The United States shall 6
not contribute to or participate in the operation
~7 of the Convention' other than by depositing the 8
Unitbd States instrument of rati5 cation until 9
the certi5 cation required by subparagraph (A) 10 has been made.
11 (2) COdonTSGNT TO REVIEW REPORTS.-Not 12 later than 45 days after the deposit of the United 13 States instrument of ratincation, the President shall certify to the appropriate comm!ttees of Congress 14 15 that the United States will comment in each review 16 meeting held under Article 20 of the Convention (in-17 cluding each meeting of a subgroup) upon aspects of.
18 safety signi5cance in any report submitted pursuant 19 to Article 5 of the Convention by.any State Party l
20 that is receiving United States financial or technical 21 assistance relating to the improvement in safety of 1
22 its nuclear installations.
l 23 (3) LDHTATION ON THE COST OF DELEhENTA-24 TION.-
l 1
l
tenwammu.ms ass.
3~
~~
1 1
(A).LonTATION.-Notwithstanding any l
4 2
provision of the Convention, and subject to the l
I 3
requirements of subparagraphs (B), (C), (D),
i 4
and (E), the United States shall pay no more 5
than $1,000,000 as the portion of the United 6
States annual assessed contribution to the
{
1 i
7 International Atomic Energy Agency attrib-8 utabl'e to the payment of the costs incurred by 9
the Agency in carrying out all activities under 10 the Convention.
11 (B) RECALCULATION OF LDHTATION.-
12 (i) IN GENERAL.--On January 1,
13 2000, and at 3-year intervals thereafter, 14 the Administrator of General Services, in 15 consultation with the Secretary of State, 16 shall prescribe an amount that shall apply l
17 in lieu of the amount speci5ed in subpara-18 graph (A) and that shall be determined by 19 acUusting the last amount applicable under 20 that subparagraph to reneet the percent-21 age increase by which the Consmner Pdce 22 Index for the preceding calendar year ex-23 ceeds the Consumer Price Index for the 24 calendar year three years previously.
r 1-
s w anu m m.om se.s 4-i 1
(ii) CONSUER PRICE INDEX DE-2 FINED.-In this subparagraph, the term 3
" Consumer Price Inder" means the last 4
Consumer Price Index for all-urban con-5 sumers published by the Department of 6
Labor.
7 (C) ADDITIONAL CONTRIBUTIONS REQUIR-8 ING CONGRESSIONAL APPROVAL.-
9 (i)
AUTHORITY.-Notwithstanding 10 subparagraph (A), the President may fur-11 nish additional contributions to the regular 12 budget of the International Atomic Energy
(
13
. Agency which would otherwise be prohib-l 14 ited under subparagraph (A) if-
)
15 (I) the President determines 'and 16 certifies in writing to the appropriate l
17 committees of Congress that the fail-l 18 ure to make such contributions for the 19 operation of the Convention would 20 jeopardize the national security inter-21 ests of the United States; and 22 (II) Congress enacts a joint reso-l 23 lution approving the certification of 24 the President under subclause (I).
___.__________________J
r g e g e m o.ase n.c.
~
5-l f
1 (ii) STATEMENT OF REASONS.-Any 2
certi5 cation made under clause (i) shall be 3
accompanied by a detailed statement set-4 ting forth the specine reasons therefor and 5
the specife uses to which the additional 6
contributions provided to the International
)
.l 7
Atomic Energy Agency would be applied.
8 (4) bOMPLETE REVI.sW OF INFORMATION BY l
9 THE LEGISLATIVE BRANCH OF GOVERNMENT.-
10 (A) UNDERSTANDING.-The United States 11 understands that neither Article 27 nor any
.12 other provision of the Convention shall be con-13 strued as limiting the access of the legislative l
14 branch of the United States Government to any f
i 15 information relating to the operation of the 16 Convention, including access to info'rmation de-
)
17 scribed in Article 27 of the Convention.
18 (B) PROTECTION OF INFORMATION.-The 19 Senate understands that the con 5dentiality of 20 information provided by other States Parties 21 that is properly identi5ed as protected pursuant 22 to Article 27 of the Convention will be re-23 spected.
24 (C) CERTIFICATION.-Not later than 45 25 days after the deposit of the United States in-h
answwurama se o
~~
6*
1 strument of rati5 cation, the President shall cer-2 tify to the appropriate committees of Congress 3
that the Comptroller General of the United 4
States shall be given full and complete access 5
to-6 (i) all information specifically relating 7
to the operation of the Convention, includ-8 ing any report or document submitted by 9
any other State Party pursuant to Article 10 5 of the Convention; and 11 (ii) information specifically relating to 12 any review or analysis by any department, 13 agency, or other entity of the United 3
14 States, or any official thereof, undertaken 15 pursuant to Article 20, of any report or 16 document submitted by any other State 17 Party.
18 (D) REPORTS TO CONORESS.-Upon the 19 request of the chairman of the appropriate com-20 mittee of Congress, the President shall submit 21 to the committee an unclassi5ed report, and a 22 classified anner as appropdate, detailing-23 (i) how the objective of a high level of 24 nuclear safety has been furthered by the 25 operation of the Convention; l
1
--7-_---
- - g ggg -
l.',. ' 0:\\RYN\\RYN98.473 S.L o.
l..
1 (ii) with respect to the operation of 2
the Convention on an. Article-by-Article 3
basis-1 4
(I) the situation addressed in the 5
. Article of the Convention; 6
(II) the results achieved under 7
the Convention in implementing the 8
relevant obligation under that Article 9
of the Convention; and 10 (III) the plans and measures for 11 corrective action on both a national 12-and international level to achieve far-13 ther progress in implementing the rel-l t
14 evant obligation under that Article of 15 the Convention; and 16 (iii) on a country-by-country basis, for i
17 each country that is receiving United 18 States financial or technical assistance re-l 19 lating to nuclear safety improvement-20 (I) a list of all nuclear installa-L 21 tions within the country, including 22 those installations operating, closed, 23 and planned, and an identi5 cation of 24 those nuclear installations where sig-
8" s
I ni5 cant corrective action is found nee-2 essary by assessment; 3
(II) a review of all safety assess-4 ments performed and the results of 5
those assessments for existing nuclear 6
installations; i
7 (III) a review of the safety of I
8 each nuclear installation using instal-9 lation-specine data and analysis show-i 10 ing trends of safety signi5cance and 11 illustrated by particular safety-related 12 issues at each installation; 13 (IV) a review of the position of 14 the country as to,,the further oper-15 ation of each nuclear installation in 16 the country; 17 (V) an evaluation of the ade-18 quacy and effectiveness of the na-19 tional legislative and regtuatory l
20 framework in place in the country, in-21 cluding an assessment of the licensing 22 system, inspection, assessment, and 23 enforcement procedures governing the 24 safety of nuclear installations; I
L___-_________-__________________.
g-1 (VI) a description of the coun-2 try's on-site and off site emergency 3
preparedness; and 4
(VII) the amount of financial and 5
technical assistance relating to nn-6 clear safety improvement expended as 7
of the date of the report by the Unit.
i 8
ed States, including, to the extent fea-l i
9 sible, an itemization by nuclear instal-10 lation, and the amount intended for i
11 expenditure by the United States on 12 each such installation in the future.
i l
13 (5) AMENDMENTS TO THE CONVENTION.-
l 14 (A) VOTING REPRESENTATION OF THE 15 UNITED STATES.-A United States representa-16 tive-17 (i) will be present at any review meet-18 ing, extraordinary meeting, or Diplomatic 19 Conference held to consider any amend.
20 ment to the Convention Amendment Con-21 ferences; and 22 (ii) will cast a vote, either affirmative 23 or negative, on each proposed amendment 24 made at any such meeting or conference.
i.
e 10~
~'
t 1
(B) SusscSSIoN OF A>IENDMENTS AS 2
TREATIES.-The President shall submit to the 3
Senate for its advice and consent to ratification 4
under Article II, Section 2, Clause 2. of the 5
Constitution of the United States any amend-6 ment to the Convention adopted at a review
-7 meeting, extraordinary meeting, or Diplomatic 8
Conference.
9 (6) TREATY INTERPRETATION.-
10 (A) PRINCIPLES OF TREATY INTERPRETA-11 TION.-The Senate afGrms the applicability to
(
12 all treaties of the constitutionally-based prin-L l
13 ciples of treaty interpretation set forth in condi-L 14
. tion (1) in the resolution ofgrati5 cation of the 15 INF Treaty, approved by the Senate on May l
16
'27, 1988.
17 (B) CONSTRUCTION OF SENATE RESOLU-
.18 TION OF RATIFICATION.-Nothing in condition 19 (1) of the resolution of ratification of the INF l
20 Treaty, approved by the Senate on May 27, 21 1988, shall be construed as authorizing the 22 President to obtain legislative approval for 23 modi 5 cations or amendments to treaties 24 through majority approval of both Houses of 25 Congress.
l l
i a
s.ss
! /
11' 1
(C) DEFINITION.-As used in this para-2 graph, the term "INF Treaty" refers to the 3
Treaty Between the United States of America 4-and the Union of Soviet Socialist Republics on 1
5 the Elimination of Their Intermediate-Range l
l 6
and Shorter Range Missiles, together with the 1
7 relat d memorandum of understanding and pro-l 8
tocols, done at Washington on December 8, 9
1987.
l 10 SEC. 3. UNDERSTANDINGS.
11 The advice and consent of the Senate to the Conven-12 tion on Nuclear Safety is subject to the following under-13 standings:
14 (1) DISMANTLE}ENT OF T JURAGUA NU-15 CLEAR REACTOR.-The United States understands 16 that-
'17 (A) no practical degree of upgrade to the l-18 safety of the planned nuclear installation at 19 Cienfuegos, Cuba, can adequately improve the 20 safety of the existing installation; and t
21 (B) therefore, Cuba must undertake, in ac-l 22 cordance with its obligations under the Conven-L 23 tion, not to complete the Juragua nuclear in-24 stallation.
25 (2) IAEA TECHNICAL ASSISTANCE.-
1
- .7 wr. w ss w w w.=>
s.ss.
l 12 -
~-
I (A) FINDINGS.-The Senate finds that-2 (i) since its creation, the International 3
Atomic Energy Agency has provided more 4
than $50,000,000 of technical assistance 5
to countries of concern to the United 6
States, as speeded in section 307(a) of the 7
Foreign Assistance Act of 1961 (22 U.S.C.
8 2227(a)) and in provisions of foreign oper-9 ations appropriations Acts; 10 (ii) the International Atomic Energy 11 Agency has budgeted, from 1995 through 12 1999, more than $1,500,000 for three on-13 going technical assistance projects related 14 to the Bushehr nuclear installation under 15 construction in Iran; and i
16 (iii) the International Atomic Energy 1
17 Agency continues to provide technical as-I 18 sistance to the partially completed nuclear 19 installation at Cienfaegos, Cuba.
l 20 (B) SENSE OF THE SENATE.-The Senate 21 urges the President to withhold each fiscal year 22 a proportionate share of the United States vol-L.
23 untary contribution allocated for the Inter-24 national Atomic Energy Agency's technical co-25 operation fund unless and until the Agency dis-t
13~
~~
I continues the provision of all technical assist-2 ance to programs and projects in Iran and 3
Cuba.
4 SEC.4. DEFINITIONS.
5 As used in this resolution:
6 (1)
APPROPRIATE COhDIITTEES OF CON-7 GRESS.-The term " appropriate committees of Con-8 gress" m5ans the Committee on Foreign Relations, 9
the Committee on Armed Services, and the Commit-10 tee on Appropriations of the Senate and the Com-11 mittee on International Relations, the Committee on 12 National Security, and the Committee on Appropria-
'13 tions of the House of Representatives.
14 (2)
CONVENTION.-The te.bm " Convention" 15 means the Convention on Nuclear Safety, done at
'16 Vienna on September 20,1994 (Senate Treaty Doc-17 ument 104-6).
18 (3) NUCLEAR INSTMMTION.-The term "nu-19 clear installation" has the meaning given the term in 20 Article 2(i) of the Convention.
21 (4) STATE PARTY.-The term " State Party" 22 means any nation that is a party to the Convention.
23 (5) UNITED STATES INSTRUXENT OF RATIFI-24 CATION.-The term " United States instrament of
9
=
j i -
1 rati5 cation" means the Instrument of ratification of 2
the United States of the Convention.
4 0
0 4
4 4
4 l
=
1 l
i
)
h:
i I
6