Bill would give Congress oversight of transfer of nuclear information

A bipartisan group of senators introduced a bill that would ensure that Congress has the authority to review all materials related to the transfer or nuclear technologies and information.

These transfers are known as Part 810 agreement whereby the U.S. government authorizes persons or companies to transfer certain nuclear technologies and services to governments overseas. These special nuclear materials, as defined in the Atomic Energy Act, are approved by the Secretary of Energy. They are not public and may be withheld from Congressional oversight. These 810 authorizations are different than civil nuclear cooperation agreements, which are subject to Congressional approval.

The legislation was introduced after it was revealed that the Trump administration granted seven undisclosed authorizations for companies to engage in nuclear cooperation with Saudi Arabia.

In March 2018 Saudi Crown Prince Mohammed Bin Salman said in an interview that his country would develop nuclear weapons “without a doubt if Iran developed a nuclear bomb.”

The bill was introduced by Sens. Edward Markey (D-MA), Marco Rubio (R-FL), Tim Kaine (D-VA), and Todd Young (R-IN), all of whom sit on the Senate Foreign Relations Committee,

“The United States Congress must be in on the ground floor of determining when and where America engages in geopolitically sensitive nuclear cooperation,” Markey said. “The Trump administration and its industry friends do not get to decide whether Congress reviews 810 authorizations. This legislation is essential to ensuring that Congress has the legal authority to review any 810 authorizations and is fully aware of who may be engaging in sensitive nuclear cooperation with regimes like Saudi Arabia, who may take advantage of American technologies or materials to make authoritarian nuclear bombs.”

Rubio said it’s concerning that the Saudi Government refuses to embrace the ‘Gold Standard’ created by the U.S.-U.A.E. civil nuclear agreement in which the Emirates agreed not to enrich uranium and reprocess spent nuclear fuel.

“Congress cannot play its oversight role and ensure U.S. civil nuclear cooperation efforts do not encourage the spread of nuclear weapons-making capabilities when the Executive Branch, regardless of whatever party controls it, withholds critical information from elected lawmakers about Energy Department authorizations to export nuclear technology, services and assistance to foreign governments,” Rubio said.

Specifically, the bill would amend the Atomic Energy Act of 1954 to mandate that the Secretary of Energy submit a quarterly report to Congress summarizing any 810 authorizations reviewed and approved or rejected during the previous quarter. It also requires the DOE to retroactively turn over all 810 authorizations and applications dating back to 2015 when DOE revised its 810 application review process. Further, it would give Congress the authority to request that any 810 application be turned over to Congress within 10 days.