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H.Doc.104-38 MAKING AVAILABLE EMERGENCY APPROPRIATIONS ...
104th Congress, 1st Session - - - - - - - - - - - - - House Document 104-37 FOLLOWUP REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO THE CONTINUED PROLIFERATION OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS, AND THEIR MEANS OF DELIVERY __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting A FOLLOWUP REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO NUCLEAR, CHEMICAL, AND BIOLOGICAL WEAPONS, AND THE MEANS OF THEIR DELIVERY, PURSUANT TO SECTION 204 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> February 16, 1995.--Message referred to the Committee on International Relations and ordered to be printed. To the Congress of the United States: On September 29, 1994, in Executive Order No. 12930, I declared a national emergency under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) to deal with the threat to the national security, foreign policy, and economy of the United States posed by the continued proliferation of nuclear, biological, and chemical weapons, and their means of delivery. Specifically, this order provided necessary authority under the Enhanced Proliferation Control Initiative (EPCI), as provided in the Export Administration Regulations, set forth in Title 15, Chapter VII, Subchapter C, of the Code of Federal Regulations, Parts 768 to 799 inclusive, to continue to regulate the activities of United States persons in order to prevent their participation in activities that could contribute to the proliferation of weapons of mass destruction and their delivery means. I issued Executive Order No. 12930 pursuant to the authority vested in me as President by the Constitution and laws of the United States of America, including the IEEPA, the National Emergencies Act (NEA) (50 U.S.C. 1601 et seq.), and section 301 of title 3 of the United States Code. At that time, I also submitted a report to the Congress pursuant to section 204(b) of the IEEPA (50 U.S.C. 1703(b)). Executive Order No. 12930 was revoked by Executive Order No. 12938 of November 14, 1994. Executive Order No. 12938 consolidates a number of authorities and eliminated certain redundant authorities. All authorities contained in Executive Order No. 12930 were transferred to Executive Order No. 12938. Section 204 of the IEEPA requires follow-up reports, with respect to actions or changes, to be submitted every 6 months. Additionally, section 401(c) of the NEA requires that the President: (1) within 90 days after the end of each 6-month period following a declaration of a national emergency, report to the Congress on the total expenditures directly attributable to that declaration; or (2) within 90 days after the termination of an emergency, transmit a final report to the Congress on all expenditures. This report, covering the period from September 29, 1994, to November 14, 1994, is submitted in compliance with these requirements. Since the issuance of Executive Order No. 12930, the Department of Commerce has continued to administer and enforce the provisions contained in the Export Administration Regulations concerning activities by United States persons that may contribute to the proliferation of weapons of mass destruction and missiles. In addition, the Department of Commerce has conducted ongoing outreach to educate concerned communities regarding these restrictions. Regulated activities may include financing, servicing, contracting, or other facilitation of missile or weapons projects, and need not be linked to exports or reexports of U.S.-origin items. No applications for licenses to engage in such activities were received during the period covered by this report. No expenses directly attributable to the exercise of powers or authorities conferred by the declaration of a national emergency in Executive Order No. 12930 were incurred by the Federal Government in the period from September 29, 1994, to November 14, 1994. William J. Clinton. The White House, February 16, 1995. <greek-d>
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