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Nuclear Nonproliferation: Department of Energy Needs Tighter Controls Over Reprocessing Information

RCED-87-150 Published: Aug 17, 1987. Publicly Released: Sep 16, 1987.
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Highlights

In response to a congressional request, GAO examined Department of Energy (DOE) activities that may assist foreign countries in the development of nuclear weapons material, focusing on DOE controls over: (1) dissemination of information related to the reprocessing of spent nuclear fuel; (2) cooperative research activities it conducts with foreign countries; and (3) involvement of foreign nationals in sensitive nuclear activities and research.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should consider providing DOE with specific directions to develop regulations that implement the SNT definition. Alternatively, Congress should consider amending NNPA to clarify the practices that DOE currently uses to identify and control the transfer of SNT, specifically to: (1) allow DOE to consider other factors, such as the recipient country, in making SNT determinations, thereby establishing a statutory basis for DOE current practices; or (2) require DOE to make SNT determinations in accordance with NNPA, but allow DOE to waive the approval rights requirements for allied countries with advanced nuclear programs on a case-by-case basis after prior notification to Congress.
Closed – Not Implemented
The recommendation was made over a year ago, but Congress has not acted. At this time, it is apparent that Congress does not intend to implement the recommendation.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Energy The Secretary of Energy should seek an exemption from FOIA for all reprocessing technology developed by DOE. Such an exemption can take the form of a revision to section 148 of the Atomic Energy Act or a provision specifically exempting reprocessing data from FOIA.
Closed – Implemented
DOE agrees that a legislative exemption could be an effective tool to control information dissemination, and has this matter under consideration for reprocessing and other sensitive, unclassified information as a result of recommendations made in an June 1989 report (RCED-89-116).
Department of Energy The Secretary of Energy should, concurrent with the action above, limit the public dissemination of reprocessing data by placing all new reprocessing data in the applied technology category and make it subject to the special distribution controls specified in DOE Order 1430.2.
Closed – Implemented
DOE concurs with the recommendation and is implementing procedures to review reprocessing technology proposed for public release to ensure that it is consistent with export controls. Further, reprocessing research, other than basic research, will be subject to a controlled distribution system.
Department of Energy The Secretary of Energy should establish a policy that DOE-funded reprocessing research at colleges and universities be carried out only by U.S. citizens or, at a minimum, citizens from countries that adhere to the Nuclear Non-Proliferation Treaty.
Closed – Implemented
DOE does not plan to establish the recommended policy. However, it is providing guidance to universities to apprise them of the sensitivity of reprocessing-related research and the concern over unrestricted dissemination of pertinent information obtained under DOE support.

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Topics

Immigrant laborDual-use technologiesEnergy researchForeign studentsGovernment information disseminationInternational cooperationNuclear fuel reprocessingNuclear proliferationNuclear weaponsTechnology transferPlutonium