42 USC 2077a - Interagency review of applications for the transfer of United States civil nuclear technology

U.S Code last checked for updates: Nov 22, 2024

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§ 2077a.

Interagency review of applications for the transfer of United States civil nuclear technology

(a)

Annual reports on transfers to covered foreign countries

At the same time as the President submits to Congress the annual budget request under section 1105 of title 31 for a fiscal year, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—

(1)

a description of the authorizations under section 2077(b) of this title to transfer United States civil nuclear technology to a covered foreign country during the preceding year; and

(2)

a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.

(b)

Determination of technologies to be protected

(1)

In general

Not later than 90 days after November 25, 2015, and every five years thereafter, the Secretary of Energy shall—

(A)

in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and

(B)

notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination.

(2)

Notification

(A)

In general

Except as provided in subparagraph (B), not later than 14 days before making an authorization under section 2077(b) of this title for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—

(i)

a notification of the intention of the Secretary to make the authorization for the transfer of such technology; and

(ii)

a statement of whether any agency required to be consulted under such section 2077(b) of this title or pursuant to regulation objected to or sought conditions on the transfer.

(B)

Waiver of deadline

The Secretary may waive the requirement under subparagraph (A) to submit the report required by that subparagraph not later than 14 days before making an authorization for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country if the Secretary—

(i)

determines that an imminent radiological hazard exists; and

(ii)

not later than 7 days after determining that such hazard exists, submits to the appropriate congressional committees—

(I)

a certification that the hazard exists;

(II)

a justification for the waiver; and

(III)

the notification required by clause (i) of subparagraph (A) and the statement required by clause (ii) of that subparagraph.

(c)

Consultations with intelligence community

(1)

In general

The Secretary of Energy shall expeditiously revise part 810 of title 10, Code of Federal Regulations, to ensure that the Director of National Intelligence—

(A)

is consulted with respect to the views of the intelligence community (as defined in section 3003(4) of title 50) with respect to each authorization issued under section 2077(b) of this title for the transfer of United States civil nuclear technology to a covered foreign country before the determination to approve or disapprove the request for the authorization; and

(B)

is provided with an opportunity to present the views of the Director and the intelligence community on the national security risks of the transfer, if any.

(2)

Submission to Congress

(d)

Report on compliance of covered foreign countries and end-users

Not less frequently than annually, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—

(1)

an assessment of whether each covered foreign country is in compliance with its obligations under any authorization for the transfer of United States civil nuclear technology under section 2077(b) of this title;

(2)

with respect to any covered foreign country that is not in compliance with such obligations—

(A)

a description the efforts of the United States to bring the country into compliance;

(B)

an evaluation of the result of such efforts; and

(C)

an assessment of the options available to the Secretary as a result of the country not being in compliance;

(3)

an assessment of whether each end-user to which United States civil nuclear technology is transferred pursuant to an authorization under such section 2077(b) of this title is in compliance with the obligations of the end-user under that authorization; and

(4)

a description of any consequences for the end-user or the exporter of the technology if the end-user is not in compliance with such obligations.

(e)

Report on transfers to all foreign countries

(1)

In general

(2)

Elements

The report required by paragraph (1) shall include—

(A)

the number of applications for authorization under section 2077(b) of this title to transfer United States civil nuclear technology to a foreign country submitted during the year preceding the submission of the report;

(B)

the length of time each such application was under review;

(C)

for each such application, an identification of any officer to which the authorization under such section 2077(b) of this title was delegated pursuant to section 2201(n) of this title;

(D)

the number of such applications that were granted; and

(E)

a description of efforts to streamline the review of such applications, taking into account the proliferation and diversion potential of end-users in the country to which United States civil nuclear technology would be transferred pursuant to such applications.

(f)

Notifications of potential diversions

The Director of National Intelligence shall notify the Department of Energy and the appropriate congressional committees not later than 30 days after the date on which the Director determines that there is credible intelligence that United States civil nuclear technology is being or has been diverted—

(1)

to a military program in a foreign country to which the transfer of the technology was authorized under section 2077(b) of this title; or

(2)

to a foreign country to which the transfer of the technology was not so authorized.

(g)

Guidelines

(h)

Report on transfer of sensitive items

(1)

In general

Not later than 180 days after November 25, 2015, and annually thereafter, the President shall submit to the appropriate congressional committees a report—

(A)

describing the efforts of covered foreign countries to prevent the transfer of sensitive items, including efforts to improve the prevention of the transfer of such items; and

(B)

assessing the adequacy of such efforts.

(2)

Sensitive items defined

(i)

Combination of reports

(j)

Definitions

In this section:

(1)

Appropriate congressional committees

The term “appropriate congressional committees” means—

(A)

the congressional defense committees;

(B)

the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(C)

the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2)

Covered foreign country

(Pub. L. 114–92, div. C, title XXXI, § 3136, Nov. 25, 2015, 129 Stat. 1209; Pub. L. 115–232, div. C, title XXXI, § 3116(c), Aug. 13, 2018, 132 Stat. 2291; Pub. L. 117–81, div. C, title XXXI, § 3131(b), Dec. 27, 2021, 135 Stat. 2230; Pub. L. 117–263, div. C, title XXXI, § 3131(b), Dec. 23, 2022, 136 Stat. 3059.)

cite as: 42 USC 2077a