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(2) a requirement for adequate security standards in countries receiving classified information;

(3) a determination by the President that the arrangements would

promote and would not endanger the common defense and security;

and

(4) a requirement that the Joint Committee on Atomic Energy be informed of the arrangement 30 days prior to its consummation.

The era of open exchanges: 1954 to the present

By 1954 the impetus of the Atoms for Peace Program of President Eisenhower and the failure of U.S. restrictions on international nuclear cooperation to prevent the spread of nuclear weapons abroad combined with technological optimism for the future of nuclear power to reverse U.S. policy on exchange of nuclear information and cooperation.

International cooperation in nuclear energy. --When Congress rewrote the Atomic Energy Act in 1954, it greatly expanded the prospects for international cooperation in civil nuclear energy. * The Act includes major provisions in section 54 for the United States to distribute special nuclear materials. Under the Energy Reorganization Act of 1974, this distribution function was assigned to the Energy Research and Development Agency. ** Section 54 limits such distribution to nations or groups of nations with an agreement for cooperation with the United States. Also, with one exception, the Energy Research and Development Administration is to be compensated

* The Atomic Energy Act of 1954, P. L. 83-703, 68 Stat. 919.

** The Energy Reorganization Act of 1974, P. L. 93-438, 88 Stat. 1233.

for special nuclear materials distributed at not less than ERDA published charges. Also, ERDA is authorized to enter into contracts to provide for the producing or enriching of special nuclear materials in its facilities for exports to nations or organizations with an agreement for cooperation. *

Section 54 authorizes the Energy Research and Development Administration to distribute to the International Atomic Energy Agency, or to any group of nations, only such amounts of special nuclear materials and for such periods of time as are authorized by Congress.

Section 54 also provides for repurchase of special nuclear materials distributed under a sale, and to purchase special nuclear materials produced through use of special nuclear materials which were sold or leased.

U.S. agreements for cooperation in atomic energy. --When Congress rewrote the Atomic Energy Act in 1954, it greatly expanded the prospects for international cooperation in civil nuclear energy, but within specific statutory restriction. Section 123 of the Act provides approaches to international cooperation by forbidding cooperation with any nation or regional defense organization until four conditions are fulfilled. These four conditions are: (1) ERDA has submitted to the President the proposed agreement for cooperation, together with its recommendations thereon;

(2) The President has approved and authorized the execution of
the proposed agreement and has made a determination in writing
that "the performance of the proposed agreement will promote and

The Atomic Energy Act of 1954, Section 161 (v) (B).

will not constitute an unreasonable risk to the common defense and

security;"

(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-
operation;

(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 cooperation.

An Executive order in 1959 by President Eisenhower specified that the negotiating 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. ** It appears that since then the U.S. Atomic Energy Commission and now the Energy Research and Development Administration have had the major responsibility 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-government 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.

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