Nuclear Cooperation: Part 810 Authorizations

This document from the Congressional Research Service (CRS) discusses Part 810 authorizations in the context of nuclear cooperation. Part 810 authorizations are required for nuclear-related exports under U.S. law. The document explains that the Atomic Energy Act (AEA) of 1954 mandates a peaceful nuclear cooperation agreement, known as a "123 agreement," for the export of commodities related to nuclear reactors, special nuclear material, and restricted data.

Part 810 authorizations allow for limited forms of nuclear cooperation related to the development or production of special nuclear material outside the United States. These authorizations are categorized as either "generally authorized" activities or activities that require specific authorization. Generally authorized activities include the production of special nuclear material, technology transfers to foreign nationals working at NRC-licensed facilities, safety and emergency response activities at nuclear facilities, and more. Specific authorization is required for certain activities involving foreign entities, sensitive nuclear technology, or engagement with certain foreign countries or nationals.

The document outlines the content of Part 810 authorizations, which cover the transfer of technology necessary for the development, production, or use of nuclear facilities or equipment. It describes the factors that the Secretary of Energy considers when determining whether a specific authorization is inimical to U.S. interests, such as the existence of a 123 agreement, nonproliferation controls, availability of comparable assistance from other sources, and U.S. political, economic, competitiveness, or security interests.

The process for issuing Part 810 authorizations involves consultation with relevant agencies, including the Department of State, the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense. The document explains that Congress does not review Part 810 authorizations directly but has notification requirements under the National Defense Authorization Act for Fiscal Year 2016. The Secretary of Energy is required to submit an annual report on the review of Part 810 applications.

The document concludes by noting that Part 810 authorizations can be made available to the public unless the applicant demonstrates that public disclosure would harm their competitive position. It also mentions the requirement for government agencies to provide information to congressional committees regarding their activities in the field of nuclear energy.