[Congressional Record Volume 141, Number 44 (Thursday, March 9, 1995)]
[House]
[Page H2901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 EXTENSION OF WAIVER OF APPLICATION OF EXPORT CRITERION OF THE ATOMIC 
      ENERGY ACT--MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, without objection, referred to the 
Committee on International Relations and ordered to be printed.

To the Congress of the United States:
  The United States has been engaged in nuclear cooperation with the 
European Community (now European Union) for many years. This 
cooperation was initiated under agreements that were concluded in 1957 
and 1968 between the United States and the European Atomic Energy 
Community (EURATOM) and that expire December 31, 1995. Since the 
inception of this cooperation, EURATOM has adhered to all its 
obligations under those agreements.
  The Nuclear Non-Proliferation Act of 1978 amended the Atomic Energy 
Act of 1954 to establish new nuclear export criteria, including a 
requirement that the United States have a right to consent to the 
reprocessing of fuel exported from the United States. Our present 
agreements for cooperation with EURATOM do not contain such a right. To 
avoid disrupting cooperation with EURATOM, a proviso was included in 
the law to enable continued cooperation until March 10, 1980, if 
EURATOM agreed to negotiations concerning our cooperation agreements. 
EURATOM agreed in 1978 to such negotiations.
  The law also provides that nuclear cooperation with EURATOM can be 
extended on an annual basis after March 10, 1980, upon determination by 
the President that failure to cooperate would be seriously prejudicial 
to the achievement of U.S. nonproliferation objectives or otherwise 
jeopardize the common defense and security, and after notification to 
the Congress. President Carter made such a determination 15 years ago 
and signed Executive Order No. 12193, permitting nuclear cooperation 
with EURATOM to continue until March 10, 1981. Presidents Reagan and 
Bush made similar determinations and signed Executive orders each year 
during their terms. I signed Executive Order No. 12840 in 1993 and 
Executive Order No. 12903 in 1994, which extended cooperation until 
March 10, 1994, and March 10, 1995, respectively.
  In addition to numerous informal contacts, the United States has 
engaged in frequent talks with EURATOM regarding the renegotiation of 
the U.S.-EURATOM agreements for cooperation. Talks were conducted in 
November 1978; September 1979; April 1980; January 1982; November 1983; 
March 1984; May, September, and November 1985; April and July 1986; 
September 1987; September and November 1988; July and December 1989; 
February, April, October, and December 1990; and September 1991. Formal 
negotiations on a new agreement were held in April, September, and 
December 1992; March, July, and October 1993; June, October, and 
December 1994; and January and February 1995. They are expected to 
continue.
  I believe that it is essential that cooperation between the United 
States and EURATOM continue, and likewise, that we work closely with 
our allies to counter the threat of proliferation of nuclear 
explosives. Not only would a disruption of nuclear cooperation with 
EURATOM eliminate any chance of progress in our negotiations with that 
organization related to our agreements, it would also cause serious 
problems in our overall relationships. Accordingly, I have determined 
that failure to continue peaceful nuclear cooperation with EURATOM 
would be seriously prejudicial to the achievement of U.S. 
nonproliferation objectives and would jeopardize the common defense and 
security of the United States. I therefore intend to sign an Executive 
order to extend the waiver of the application of the relevant export 
criterion of the Atomic Energy Act until the current agreements expire 
on December 31, 1995.
                                                  William J. Clinton.  
  The White House, March 9, 1995.
  

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