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will not constitute an unreasonable risk to the common defense and
(3) The proposed agreement, together with the approval and de
termination of the President, has been submitted to the Joint Com
mittee and has lain before the Committee for thirty days; and
(4) Certain agreements, together with the President's approval
and determination have lain before the Joint Committee for sixty
days during which Congress by concurrent resolution may state it
does not favor the proposed agreement.
For these agreements,
the Joint Committee on Atomic Energy is required to report its
views and recommendations to Congress during the first 30 days
and to supply a draft concurrent resolution stating in substance
that the Congress favors or does not favor the agreement. * As for terms and conditions of the agreements, Congress specified in
Section 123 that each agreement must include:
(1) The terms, conditions, duration, nature, and scope of the co
(2) A guaranty by the cooperating party that security safeguards
and standards agreed upon will be maintained; and
* The agreements which are to receive this special attention are those involving a nuclear reactor that may be capable of producing more than five thermal megawatts or special nuclear materials for use in connection therewith. Also included are agreements arranged under subsection 91(c) of the Act (dealing with military applications), and under subsections 144(b) and (c) (dealing with international cooperation for weapons.)
(3) A guaranty by the cooperating party that any material and
any restricted data to be transferred will not be transferred to
unauthorized persons or beyond the jurisdiction of the cooperating
party except as specified in the agreement. *
Negotiation of agreements for cooperation. --The Department of State
and the Energy Research and Development Administration are the two agencies primarily responsible for drafting and negotiating agreements for co
An Executive order in 1959 by President Eisenhower specified that the
egotiating functions are to be performed by or under the authority of the
Secretary of State and further specified that international cooperation under
the Act shall be subject to the responsibility of the Secretary of State with
respect to the foreign policy of the United States pertinent thereto. **
appears that since then the U.S. Atomic Energy Commission and now the
Energy Research and Development Administration have had the major re
sponsibility of drafting and negotiating the agreements, finally submitting
them to the Department of State for review.
U.S. control of nuclear exports. --The agreements for cooperation provide a framework for commercial exports of nuclear materials, equipment
and technology to agreement nations. However, many of the commercial transactions are subject to government controls. The Nuclear Regulatory
* Restricted data is a term with special meaning under the Atomic Energy Act of 1954, It is defined as "all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, **Executive Order 10841. September 30, 1959
Commission licenses the commercial export of source and special nuclear
materials to agreement nations and also the nuclear part of nuclear power
plants and fabricated nuclear fuel. The Energy Research and Development Administration, by regulating activities of U.S. nationals abroad, controls one important avenue for the export of nuclear technology and know-how. The Department of Commerce licenses the export of parts to nuclear power plants which are not controlled by the Commission. In addition, the Administration can directly export nuclear items through government-to-go
vernment transfers that require no NRC license.
The export control authority of the Energy Research and Development
Administration is of particular interest as one approach to controlling the
export of technology.
Section 57(b) of the Atomic Energy Act of 1954 as
amended makes it unlawful for any person to directly or indirectly engage
in the production of any special nuclear material outis de of the United States
except (1) under an agreement for cooperation, or (2) upon authorization by the Commission (now ERDA) after a determination that such activity will
not be inimical to the interest of the United States.
This function went to
the Administration in the Energy Reorganization Act of 1974. Using this
authority, the Administration's regulations now require authorization for the following activities by U.S. nationals: *
(i) Designing or assisting in the design of facilities for the chemical processing of irradiated special nuclear material, facilities for the production of heavy water, facilities for the separation
* Unclassified activities in foreign atomic energy programs, 10 CFR 810. Federal Register, vol. 40, Sept. 30, 1975: 44826-44828.
of isotopes of uranium, or equipment or components especially
(ii) Constructing, fabricating, or operating such facilities;
(iii) Furnishing information not available to the public in published form for use in the design, construction, fabrication, or operation of such facilities or equipment or components especially designed therefore.
The regulations appear to require, for example, authorization for a U.S. engineering firm to design a fuel reprocessing plant for a foreign country, or to send its engineers abroad to help in such design. By so con
trolling the activities of experts and companies in the nuclear industry, the Administration controls some export of technology. Note that if a company proposes to export a fuel reprocessing plant, it has to get a Commission
How these respective authorities will interact in the future is not
clear. For example, could ERDA insist that it must authorize the design part of an export while the Commission licenses the physical part? Which
agency would control follow-on technical assistance and servicing associated
with a major export of U.S. nuclear equipment ?
Differing criteria for decisions. -- Under the Atomic Energy Act of 1954 as amended, the President, the Nuclear Regulatory Commission and the
Energy Research and Development Administration all make decisions of one kind or another concerning nuclear cooperation and exports, some of which involve statutory criteria for decision. Table I identifies eight such decisions and the associated statutory criteria. Criteria for five decisions require consideration of national defense and security, two require consideration of risk to the public health and safety, and one consideration