[Comments on Executive Branch Implementation of Nuclear Non-Proliferation Act]

In response to a congressional request, GAO reviewed executive branch implementation of the Nuclear Non-Proliferation Act, specifically the test it should apply in evaluating requests for: (1) reprocessing of spent nuclear fuel that was originally exported from the United States; and (2) the transfer back of the plutonium resulting from fuel processing. It was determined that: (1) the executive branch's interpretation of a timely warning analysis was legally permissible; and (2) consideration of non-technical factors should not override the need to assess the recipient country's capability to transform diverted material into a nuclear explosive device.