[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Page S7589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     REPORT OF THE PROTOCOL AMENDING THE AGREEMENT FOR COOPERATION 
 CONCERNING CIVIL USES OF ATOMIC ENERGY BETWEEN THE UNITED STATES AND 
               CANADA--MESSAGE FROM THE PRESIDENT--PM 41

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations.

To the Congress of the United States:
  I am pleased to transmit to the Congress, pursuant to sections 123b. 
and 123d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2153(b) and (d)), the text of a proposed Protocol Amending the 
Agreement for Cooperation Concerning Civil Uses of Atomic Energy 
Between the Government of the United States of America and the 
Government of Canada signed at Washington June 15, 1955, as amended. I 
am also pleased to transmit my written approval, authorization, and 
determination concerning the Protocol, and an unclassified Nuclear 
Proliferation Assessment Statement (NPAS) concerning the Protocol. (In 
accordance with section 123 of the Act, as amended by Title XII of the 
Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-
277), I have submitted to the Congress under separate cover a 
classified annex to the NPAS, prepared in consultation with the 
Director of Central Intelligence, summarizing relevant classified 
information.) The joint memorandum submitted to me by the Secretary of 
State and the Secretary of Energy and a letter from the Chairman of the 
Nuclear Regulatory Commission stating the views of the Commission are 
also enclosed.
  The proposed Protocol has been negotiated in accordance with the 
Atomic Energy Act of 1954, as amended, and other applicable law. In my 
judgment, it meets all statutory requirements and will advance the 
nonproliferation and other foreign policy interests of the United 
States.
  The Protocol amends the Agreement for Cooperation Concerning Civil 
Uses of Atomic Energy Between the Government of the United States of 
America and the Government of Canada in two respects:
  1. It extends the Agreement, which would otherwise expire by its 
terms on January 1, 2000, for an additional period of 30 years, with 
the provision for automatic extensions thereafter in increments of 5 
years each unless either Party gives timely notice to terminate the 
Agreement; and
  2. It updates certain provisions of the Agreement relating to the 
physical protection of materials subject to the Agreement.
  The Agreement itself was last amended on April 23, 1980, to bring it 
into conformity with all requirements of the Atomic Energy Act and the 
Nuclear Non-Proliferation Act of 1978. As amended by the proposed 
Protocol, it will continue to meet all requirements of U.S. law.
  Canada ranks among the closest and most important U.S. partners in 
civil nuclear cooperation, with ties dating back to the early days of 
the Atoms for Peace program. Canada is also in the forefront of 
countries supporting international efforts to prevent the spread of 
nuclear weapons to additional countries. It is a party to the Treaty on 
the Non-Proliferation of Nuclear Weapons (NPT) and has an agreement 
with the IAEA for the application of full-scope safeguards to its 
nuclear program. It also subscribes to the Nuclear Supplier Group (NSG) 
Guidelines, which set forth standards of the responsible export of 
nuclear commodities for peaceful use, and to the Zangger (NPT 
Exporters) Committee Guidelines, which oblige members to require the 
application of IAEA safeguards on nuclear exports to nonnuclear weapon 
states. It is a party to the Convention on the Physical Protection of 
Nuclear Material, whereby it has agreed to apply international 
standards of physical protection to the storage and transport of 
nuclear material under its jurisdiction or control.
  Continued close cooperation with Canada in the peaceful uses of 
nuclear energy, under the long-term extension of the U.S.-Canada 
Agreement for Cooperation provided for in the proposed Protocol, will 
serve important U.S. national security, foreign policy, and commercial 
interests.
  I have considered the views and recommendations of the interested 
agencies in reviewing the proposed Protocol and have determined that 
its performance will promote, and will not constitute an unreasonable 
risk to, the common defense and security. Accordingly, I have approved 
the Protocol and authorized its execution and urge that the Congress 
give it favorable consideration.
  This transmission shall constitute a submittal for purposes of both 
sections 123b. and 123d. of the Atomic Energy Act. My Administration is 
prepared to begin immediate consultations with the Senate Foreign 
Relations and House International Relations Committees as provided in 
section 123b. Upon completion of the 30-day continuous session period 
provided for in section 123b., the 60-day continuous session period 
provided for in section 123 d. shall commence.
                                                  William J. Clinton.  
  The White House, June 24, 1999.

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