A bill to amend the Atomic Energy Act of 1954 to require the Secretary of Energy to report to Congress regarding applications for authorizations to engage or participate in the development or production of special nuclear material outside the United States, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 1127 To amend the Atomic Energy Act of 1954 to require the Secretary of Energy to report to Congress regarding applications for authorizations to engage or participate in the development or production of special nuclear material outside the United States, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 10, 2019 Mr. MARKEY (for himself, Mr. RUBIO, Mr. KAINE, and Mr. YOUNG) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To amend the Atomic Energy Act of 1954 to require the Secretary of Energy to report to Congress regarding applications for authorizations to engage or participate in the development or production of special nuclear mate- rial outside the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:31 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1127.IS S1127 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1127 IS SECTION 1. REPORTING REQUIREMENTS RELATING TO AP- 1 PLICATIONS FOR AUTHORIZATION TO DE- 2 VELOP OR PRODUCE SPECIAL NUCLEAR MA- 3 TERIAL OUTSIDE THE UNITED STATES. 4 Section 57 of the Atomic Energy Act of 1954 (42 5 U.S.C. 2077) is amended by adding at the end the fol- 6 lowing: 7 ‘‘f. REPORTING REQUIREMENTS.— 8 ‘‘(1) QUARTERLY REPORTS.— 9 ‘‘(A) IN GENERAL.—Not later than 90 10 days after the date of the enactment of this 11 subsection, and every 90 days thereafter, the 12 Secretary of Energy shall submit to the chair- 13 man and ranking member of each of the appro- 14 priate congressional committees a report that 15 describes each authorization issued by the Sec- 16 retary under subsection b.(2) during the 90-day 17 period preceding submission of the report. 18 ‘‘(B) ELEMENTS.—Each report required 19 by subparagraph (A) shall include— 20 ‘‘(i) a summary of each application 21 for an authorization under subsection b.(2) 22 during the 90-day period preceding sub- 23 mission of the report, including a descrip- 24 tion of— 25 VerDate Sep 11 2014 22:31 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1127.IS S1127 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1127 IS ‘‘(I) whether the application was 1 accepted or rejected; 2 ‘‘(II) the applicant; and 3 ‘‘(III) the intended purpose for 4 which the applicant sought the au- 5 thorization; and 6 ‘‘(ii) an annex containing— 7 ‘‘(I) each application submitted 8 to the Secretary during that period; 9 and 10 ‘‘(II) each report submitted to 11 the Secretary under section 810.12 of 12 title 10, Code of Federal Regulations 13 (or any corresponding similar regula- 14 tion or ruling) during that period. 15 ‘‘(C) ADDITIONAL MATERIAL IN INITIAL 16 REPORT.—The first report required to be sub- 17 mitted by subparagraph (A) shall include the 18 matters required by subparagraph (B) for the 19 period beginning on March 25, 2015, and end- 20 ing on the date of the enactment of this sub- 21 section. 22 ‘‘(D) REVIEW BY SECRETARY OF STATE.— 23 The Secretary shall submit each report required 24 by this paragraph to the Secretary of State for 25 VerDate Sep 11 2014 22:31 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1127.IS S1127 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1127 IS approval before submitting the report to the 1 chairmen and ranking members of the appro- 2 priate congressional committees. 3 ‘‘(E) FORM.—Each report required by this 4 paragraph shall be submitted in unclassified 5 form but may include a classified annex. 6 ‘‘(2) SUBMISSION TO CONGRESS OF APPLICA- 7 TIONS AND CERTAIN REPORTS.—The Secretary of 8 Energy shall provide to the chairman and ranking 9 member of each of the appropriate congressional 10 committees an application for an authorization 11 under subsection b.(2) that is pending before or has 12 been approved by the Secretary, or a report sub- 13 mitted under section 810.12 of title 10, Code of 14 Federal Regulations (or any corresponding similar 15 regulation or ruling), not later than 10 days after 16 receiving a request for the application or report, as 17 the case may be, from the chairman or ranking 18 member of either such committee. 19 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- 20 TEES DEFINED.—In this subsection, the term ‘ap- 21 propriate congressional committees’ means— 22 ‘‘(A) the Committee on Appropriations, the 23 Committee on Armed Services, the Committee 24 on Energy and Natural Resources, and the 25 VerDate Sep 11 2014 22:31 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1127.IS S1127 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1127 IS Committee on Foreign Relations of the Senate; 1 and 2 ‘‘(B) the Committee on Appropriations, the 3 Committee on Armed Services, the Committee 4 on Energy and Commerce, and the Committee 5 on Foreign Affairs of the House of Representa- 6 tives.’’. 7 Æ VerDate Sep 11 2014 22:31 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1127.IS S1127 pamtmann on DSKBFK8HB2PROD with BILLS