WASHINGTON, DC – A new report from the nonpartisan Government Accountability Office confirms the committee’s concerns that the Department of Energy and the National Nuclear Security Administration do not have a clear, timely, and efficient review process for the export of nuclear technology, resulting in unnecessary delays that may be impeding U.S. competitiveness abroad. The report, “Nuclear Commerce: Additional Actions Needed to Improve DOE’s Export Control Process,” found that reviews can take upwards of a year or more before companies are authorized to export nuclear technology or even, in some case, enter into substantive commercial negotiations.
Energy and Commerce Committee Republican leaders commenced oversight of the administration’s nuclear export review practices in March 2013 to evaluate the impact of forthcoming revisions to so-called Part 810 nuclear technology export regulations and DOE’s implementation of these regulations. In July 2013 the leaders requested GAO assist the committee in this work by examining how Part 810 authorizations are granted and monitored.
With more than 70 new reactors under construction and 435 operating worldwide, there is substantial economic opportunity for U.S. companies and workers. The ability of U.S. companies to supply materials, engineering services, components, and technical data for the construction, operation, and servicing of nuclear power plants outside the U.S. depends on a number of criteria, including the timely issuance of U.S. export licenses and Part 810 authorizations. But in its review, GAO found that “DOE rarely meets its existing target time frames for processing Part 810 applications, which calls into question whether these targets are realistic and achievable in light of its resources and authorities.” The report also concluded, “DOE and NNSA’s current implementation of Part 810 raises questions as to whether the agencies are administering the process in accordance with DOE’s goals and with key principles of federal regulation, which include clarity and consistency.”
In response to GAO’s findings, full committee Chairman Fred Upton (R-MI) and Oversight and Investigations Subcommittee Chairman Tim Murphy (R-PA) commented, “In light of world demand for nuclear energy, enhancing the export of our world-class nuclear technologies and American nuclear know-how provides an exciting opportunity to expand domestic manufacturing and strengthen America’s influence over nuclear safety and security. But this report confirms our concerns that this administration still has much work to do to take advantage of this opportunity. We can do better, and our oversight of the program will continue to ensure that necessary changes are made and implemented successfully.”
GAO provided several recommendations to the Secretary of Energy and the Administrator of the NNSA to improve the process and reduce authorization delays. DOE, which concurred with the report, is expected to issue revised Part 810 regulations and is taking steps to implement other reforms.
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