Sec. 3. Improvements to part 810 process
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Section 161 n. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(n) ) is amended by striking 57 b. and inserting 57 b. (only with respect to enrichment and reprocessing of special nuclear material) . Section 57 of such Act ( 42 U.S.C. 2077(d) ) is amended by adding at the end the following new subsection: In carrying out subsection b.(2), the Secretary of Energy shall establish procedures for expedited consideration of requests for authorizations regarding the transfer of a technology that involves a low-proliferation-risk reactor activity described in paragraph
(2)to a foreign country described in paragraph (3). A low-proliferation-risk reactor activity described in this paragraph is an activity that meets each of following criteria: The activity is listed in section 810.2(b) of title 10, Code of Federal Regulations, as in effect on March 25, 2015. The activity is not an activity requiring a specific authorization pursuant to section 810.7(c) of such title, as in effect on such date. The Secretary determines that the transfer (or retransfer) of a technology that involves the activity will not result in a significant increase of the risk of proliferation beyond such risk that exists at the time that the authorization is requested. A foreign country described in this paragraph is a foreign country— that is not a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968, other than the United Kingdom or France; and with respect to which the Secretary determines under subsection b.(2) that a transfer to the country of a technology that involves a low-proliferation-risk reactor activity described in paragraph
(2)of this subsection will not be inimical to the interest of the United States. The Secretary of Energy shall establish the procedures under paragraph
(1)with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense. The procedures established under paragraph
(1)shall— ensure that each request is approved or denied by not later than 45 days after the later of— the date on which the foreign country transmits any required assurances to the Department of State; or the date on which the interagency review under subsection b. is completed; and be publicly available. . Section 57 b.(2) of such Act ( 42 U.S.C. 2077(b)(2) ) is amended by inserting after mechanisms. the following new sentence: To the extent practicable, the Secretary of Energy shall continue to process such requests during such interagency review in a manner that enables the Secretary to make such determination as soon as practicable after the receipt of assurances by a foreign country to the Department of State, if any such assurances are required. . e 810 It is the sense of Congress that— the Secretary of Energy should continue the ongoing Process Improvement Plan for authorizations pursuant to section 57 b.(2) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b)(2) ); and Congress is supportive of the progress made by the Secretary in such process and is especially interested in the continued work for the electronic submissions portal for such applications known as e810 .
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