![handle is hein.crs/goveeyy0001 and id is 1 raw text is: Congressional Research Service
Informing the legislative debate since 1914
December 10, 2021
AUKUS Nuclear Cooperation
On December 1, 2021, President Joseph Biden submitted to
Congress an Agreement among Australia, the United
Kingdom, and the United States for the Exchange of Naval
Nuclear Propulsion Information. This In Focus explains
the agreement's substance, as well as provisions of the
Atomic Energy Act (AEA) of 1954, as amended (P.L. 83-
703; 42 U.S.C. §§2153 et seq.), concerning the content and
congressional review of such agreements.
An accompanying message to Congress explains that the
agreement would permit the three governments to
communicate and exchange Naval Nuclear Propulsion
Information and would provide authorization to share
certain Restricted Data as may be needed during trilateral
discussions concerning a project to develop Australian
nuclear-powered submarines. This project is part of an
enhanced trilateral security partnership named AUKUS,
which the three governments announced on September 15,
2021. The United States has a similar nuclear naval
propulsion arrangement only with the United Kingdom
pursuant to the bilateral 1958 Mutual Defense Agreement.
The partnership's first initiative, according to a September
15 Joint Statement, is an 18-month study to seek an
optimal pathway to deliver this submarine capability to
Australia. This study is to include building on the U.S.
and UK nuclear-powered submarine programs to bring an
Australian capability into service at the earliest achievable
date. The study is in the early stages, according to a
November 2021 non-paper from Australia, the United
Kingdom, and the United States, which adds that [m]any
of the program specifics have yet to be determined.
Agreement Details
The agreement, which the governments signed on
November 22, 2021, permits each party to exchange naval
nuclear propulsion information as is determined to be
necessary to research, develop, design, manufacture,
operate, regulate, and dispose of military reactors. As
noted, this information includes restricted data; the AEA
defines such data to include all data concerning ... the use
of special nuclear material in the production of energy.
The AEA and 10 C.F.R. Part 810.3 define special nuclear
material as plutonium, uranium-233, or enriched uranium.
The agreement is scheduled to enter into force when the
parties have all exchanged diplomatic notes stating that
each government has completed all relevant domestic
requirements. The agreement is to remain in force until
December 31, 2023, when it will automatically extend for
four additional periods of six months each. Any party may
terminate its participation in the agreement with six months
written notice. Should any party abrogate or materially
violate the agreement, the other parties may require the
return or destruction of any transferred data.
The agreement includes provisions to protect transferred
data. For example, no party may communicate any
information governed by the agreement to any
unauthorized persons or beyond the party's jurisdiction
or control. In addition, a recipient party communicating
such information to nationals of a third AUKUS
government must obtain permission from the originating
party. The agreement includes an appendix detailing
security arrangements to protect transferred information.
Related Nuclear Cooperation
Agreements
The AEA authorizes and contains requirements for nuclear
cooperation agreements governing both civil and military
applications. The United States has nuclear cooperation
agreements with both Australia and the United Kingdom
that are relevant to the AUKUS agreement. The United
Kingdom is a nuclear-weapon state under the nuclear
Nonproliferation Treaty (NPT); Australia is not a nuclear-
weapon state.
Civil Nuclear Cooperation Agreements
The United States and Australia first concluded a civil
nuclear cooperation agreement in 1957. Those governments
updated that agreement in 1979 and renewed it in 2010.
Australia sells around 36% of its $1 billion in uranium
exports to the United States. The United States is also a
major processor of Australian uranium sold to other
countries. Australia does not currently possess any nuclear
power plants, but it operates one research reactor. This
agreement specifically prohibits the transfer of restricted
data under it, as well as sensitive nuclear technology,
sensitive nuclear facilities and major critical components.
As a nonnuclear-weapon state under the NPT, Australia has
a comprehensive International Atomic Energy Agency
(IAEA) safeguards agreement. Such agreements, according
to the agency, are designed to provide credible assurance
to the international community that nuclear material and
other specified items are not diverted from peaceful nuclear
uses.
The 1958 U.S. nuclear cooperation agreement with the
European Atomic Energy Community (Euratom), renewed
in 1995, provided the legal framework for civilian nuclear
cooperation between the United States and United
Kingdom. In anticipation of the latter's withdrawal from the
European Union (EU), and its legal association with
Euratom, the two governments concluded a bilateral nuclear
cooperation agreement in 2018. Following the required
congressional review period, the new agreement entered
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