Implementation and Impact of the Nuclear Nonproliferation Act of 1978

Since the Nuclear Non-Proliferation Act came into effect, no additional nuclear explosions have been acknowleged, Non-Proliferation Treaty participation has increased, and the demand for reprocessing and enrichment technologies has not been as extensive as anticipated. However, some nations are seeking a nuclear explosive capability, some nations still refuse to accept international safeguards or to sign the Treaty, and export sales of sensitive nuclear materials and equipment have been made by other nations despite U.S. objections. Certain amendments to the act and improvements in its implementation are needed to obtain wider international acceptance, ensure that the act conforms with political, technical, and economic realities, and preserve the framework for curbing proliferation risks associated with international nuclear cooperation. The need for the Department of Energy (DOE) to construct a centrifuge facility has diminished since it received congressional authorization. Congress should determine whether DOE has adequately considered alternative actions. Limited progress has been made in the area of encouraging international initiatives in the program; however, an international control system over excess plutonium is needed. The United States should actively participate and support international work addressing concerns over fuel supply assurances, international spent fuel management, and international plutonium storage. The International Atomic Energy Administration application of safeguards are hindered by a limited number of inspectors, a lack of reliable techniques and equipment for measuring some forms of nuclear material, inadequate nuclear material accounting practices, and political and financial constraints. Political and financial commitment by all member nations is needed with changes in the licensing system procedures being of primary concern. In considering foreign reprocessing requests, the executive branch should follow the criteria set forth in the act and should drop the requirement that the requestor show an actual physical need to reprocess spent fuel. The United States should continue to explore the possibility of renegotiating existing agreements despite foreign resistance. The need for assistance to developing nations is dubious because existing programs already provide such assistance.