December 10, 2021
AUKUS Nuclear Cooperation
On December 1, 2021, President Joseph Biden submitted to
violate the agreement, the other parties may “require the
Congress an “Agreement among Australia, the United
return or destruction” of any transferred data.
Kingdom, and the United States for the Exchange of Naval
Nuclear Propulsion Information.” This In Focus explains
The agreement includes provisions to protect transferred
the agreement’s substance, as well as provisions of the
data. For example, no party may communicate any
Atomic Energy Act (AEA) of 1954, as amended (P.L. 83-
information governed by the agreement to any
703; 42 U.S.C. §§2153 et seq.), concerning the content and
“unauthorized persons or beyond” the party’s “jurisdiction
congressional review of such agreements.
or control.” In addition, a recipient party communicating
such information to nationals of a third AUKUS
An accompanying message to Congress explains that the
government must obtain permission from the originating
agreement would permit the three governments to
party. The agreement includes an appendix detailing
“communicate and exchange Naval Nuclear Propulsion
“security arrangements” to protect transferred information.
Information and would provide authorization to share
certain Restricted Data as may be needed during trilateral
Related Nuclear Cooperation
discussions” concerning a project to develop Australian
Agreements
nuclear-powered submarines. This project is part of an
The AEA authorizes and contains requirements for nuclear
“enhanced trilateral security partnership” named AUKUS,
cooperation agreements governing both civil and military
which the three governments announced on September 15,
applications. The United States has nuclear cooperation
2021. The United States has a similar nuclear naval
agreements with both Australia and the United Kingdom
propulsion arrangement only with the United Kingdom
that are relevant to the AUKUS agreement. The United
pursuant to the bilateral 1958 Mutual Defense Agreement.
Kingdom is a nuclear-weapon state under the nuclear
Nonproliferation Treaty (NPT); Australia is not a nuclear-
The partnership’s first initiative, according to a September
weapon state.
15 Joint Statement, is an 18-month study “to seek an
optimal pathway to deliver” this submarine capability to
Civil Nuclear Cooperation Agreements
Australia. This study is to include “building on” the U.S.
The United States and Australia first concluded a civil
and UK nuclear-powered submarine programs “to bring an
nuclear cooperation agreement in 1957. Those governments
Australian capability into service at the earliest achievable
updated that agreement in 1979 and renewed it in 2010.
date.” The study is “in the early stages,” according to a
Australia sells around 36% of its $1 billion in uranium
November 2021 non-paper from Australia, the United
exports to the United States. The United States is also a
Kingdom, and the United States, which adds that “[m]any
major processor of Australian uranium sold to other
of the program specifics have yet to be determined.”
countries. Australia does not currently possess any nuclear
power plants, but it operates one research reactor. This
Agreement Details
agreement “specifically prohibits the transfer of restricted
The agreement, which the governments signed on
data under it,” as well as “sensitive nuclear technology,
November 22, 2021, permits each party to exchange “naval
sensitive nuclear facilities and major critical components.”
nuclear propulsion information as is determined to be
necessary to research, develop, design, manufacture,
As a nonnuclear-weapon state under the NPT, Australia has
operate, regulate, and dispose of military reactors.” As
a comprehensive International Atomic Energy Agency
noted, this information includes restricted data; the AEA
(IAEA) safeguards agreement. Such agreements, according
defines such data to include “all data concerning ... the use
to the agency, are designed “to provide credible assurance
of special nuclear material in the production of energy.”
to the international community that nuclear material and
The AEA and 10 C.F.R. Part 810.3 define special nuclear
other specified items are not diverted from peaceful nuclear
material as plutonium, uranium-233, or enriched uranium.
uses.”
The agreement is scheduled to enter into force when the
The 1958 U.S. nuclear cooperation agreement with the
parties have all exchanged diplomatic notes stating that
European Atomic Energy Community (Euratom), renewed
each government has completed all relevant domestic
in 1995, provided the legal framework for civilian nuclear
requirements. The agreement is to remain in force until
cooperation between the United States and United
December 31, 2023, when it will “automatically extend for
Kingdom. In anticipation of the latter’s withdrawal from the
four additional periods of six months each.” Any party may
European Union (EU), and its legal association with
terminate its participation in the agreement with six months
Euratom, the two governments concluded a bilateral nuclear
written notice. Should any party abrogate or materially
cooperation agreement in 2018. Following the required
congressional review period, the new agreement entered
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AUKUS Nuclear Cooperation
into force on December 31, 2020, after the UK withdrawal
the proposed agreement is to include the terms, conditions,
from the EU. The agreement is to remain in force for 30
duration, nature, and scope of cooperation and lists
years.
mandatory criteria for the agreement. This section mandates
that nuclear cooperation agreements pursuant to AEA
US-UK Mutual Defense Agreement
section 144 c. (2) contain
The Atomic Energy Act of 1946 (P.L. 79-585) restricted the
sharing of nuclear weapons information with foreign
a guarantee that safeguards on transferred nuclear
governments, including the United Kingdom. However, an
material and equipment continue in perpetuity;
October 1957 Declaration of Common Purpose issued by
a provision requiring the application of comprehensive
President Dwight Eisenhower and UK Prime Minister
IAEA safeguards to be applied in nonnuclear-weapon
Harold MacMillan stipulated that Eisenhower would
request Congress to amend the Atomic Energy Act “as may
states;
be necessary and desirable to permit” bilateral nuclear
a prohibition on the retransfer of material or restricted
cooperation. (For more information, see CRS Insight
data without U.S. consent;
IN11762, New Developments in the United States’ Strategic
and Defense Ties with Australia, by Bruce Vaughn.)
a requirement that the recipient state maintain physical
Congress adopted an amendment to the Atomic Energy Act
security on transferred nuclear material;
in 1958 (P.L. 85-479) authorizing U.S. government transfer
a prohibition on the recipient state’s use of transferred
to foreign governments of information, as well as certain
items or technology for any nuclear explosive device or
components, related to nuclear weapons. This amendment
for any other military purpose; and
also authorizes the export of nuclear reactors and related
information for naval propulsion.
a provision specifying the U.S. right to demand the
return of transferred nuclear materials and equipment, as
In 1958, the United States and United Kingdom concluded
well as any special nuclear material produced through
the U.S.–UK Mutual Defense Agreement (MDA). The
their use, if the cooperating state detonates a nuclear
United States subsequently transferred a nuclear plant and
explosive device or terminates or abrogates an IAEA
associated reactor fuel to the United Kingdom for use in a
safeguards agreement.
submarine. The agreement, which the two parties amended
in 2014, “provides the necessary requirements for the
Section 123 d. specifies the procedure for congressional
control and transmission of submarine nuclear propulsion
approval of agreements such as the AUKUS agreement.
technology, atomic information and material between the
UK and US, and the transfer of non-nuclear components to
Congress has the opportunity to review a nuclear
the UK.” The 2014 amendment extended the MDA until
cooperation agreement for 60 days of continuous session.
2024.
The President must submit the text of the proposed
agreement, along with required supporting documents, to
Atomic Energy Act Requirements
the House Foreign Affairs Committee, the Senate Foreign
The AEA includes requirements for the content of nuclear
Relations Committee, and the House and Senate Armed
cooperation agreements, related presidential determinations
Services Committees. The agreement may enter into force
and other supporting information for submission to
after the end of the 60-day period unless, during that time,
Congress, conditions affecting the implementation of an
Congress adopts a joint resolution disapproving the
agreement, and procedures for Congress to consider and
agreement and the resolution becomes law.
approve the agreement. (For more information, see CRS
Report RS22937, Nuclear Cooperation with Other
At the beginning of this 60-day period, joint resolutions of
Countries: A Primer, by Paul K. Kerr and Mary Beth D.
approval or disapproval, as appropriate, are to be
Nikitin.)
automatically introduced in each house. During this period,
the committees are to hold hearings on the proposed
Section 144 c. (2): Military Nuclear Reactor Data
agreement and “submit a report to their respective bodies
This section permits the Nuclear Regulatory Commission
recommending whether it should be approved or
and Department of Defense, with presidential authorization,
disapproved.” If no committee has reported the requisite
“to communicate or exchange with that nation Restricted
joint resolution of approval or disapproval by the end of 45
Data concerning research, development, or design, of
days, it is automatically discharged from further
military reactors.” The President must determine that “the
consideration of the measure. After the joint resolution is
proposed cooperation” and data communication “will
reported or discharged, Congress is to consider it under
promote and will not constitute an unreasonable risk to the
expedited procedures, as established by Section 130 i. of
common defense and security.”
the AEA.
Section 123
Paul K. Kerr, Specialist in Nonproliferation
AEA section 123 contains provisions governing nuclear
Mary Beth D. Nikitin, Specialist in Nonproliferation
cooperation agreements’ content, as well as associated
congressional review procedures. Section 123 a. states that
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AUKUS Nuclear Cooperation
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