Reading Room Document

The Effect of the Concurrent Resolution Provision of § 126(b) of the Atomic Energy Act of 1954, as amended, on the President's Power to Authorize the Export of Nuclear Material and Equipment

This document is a memorandum discussing the President's power to authorize the export of nuclear material and equipment. It concludes that the concurrent resolution provision of § 126(b) of the Atomic Energy Act is unconstitutional as it attempts to give Congress the power to block the President's authority. The document presents questions about the constitutionality of the concurrent resolution provision and the President's authority to override the Commission's decision on nuclear exports. It also explores the separation of powers and the allocation of responsibilities between the branches of government. The conclusion reached is that the concurrent resolution provision is unconstitutional, but the President's authority to override the Commission remains intact.

January 16, 1981