[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1931 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1931

  To enhance the ability of Congress to oversee matters pertaining to 
nuclear nonproliferation identified in the findings and recommendations 
  of the December 2008 Report of the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 2009

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To enhance the ability of Congress to oversee matters pertaining to 
nuclear nonproliferation identified in the findings and recommendations 
  of the December 2008 Report of the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Oversight of 
Nuclear Nonproliferation Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Homeland Security and Governmental 
                Affairs, the Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on Energy 
                and Natural Resources of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Oversight and Government Reform, the Committee on 
                Armed Services, the Permanent Select Committee on 
                Intelligence, and the Committee on Energy and Commerce 
                of the House of Representatives.
            (2) Commission.--The term ``Commission'' means the 
        Commission on the Prevention of Weapons of Mass Destruction 
        Proliferation and Terrorism established by section 1851 of the 
        Implementing Recommendation of the 9/11 Commission Act of 2007 
        (Public Law 110-53; 121 Stat. 501).
            (3) Coordinator.--The term ``Coordinator'' means the 
        President's Coordinator for the Prevention of Weapons of Mass 
        Destruction Proliferation and Terrorism established by section 
        1841(b)(1) of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (50 U.S.C. 2931(b)(1)).
            (4) Deputy coordinator.--The term ``Deputy Coordinator'' 
        means the Deputy United States Coordinator for the Prevention 
        of Weapons of Mass Destruction Proliferation and Terrorism 
        established under section 1841(b)(2) of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
        2931(b)(2)).
            (5) Highly enriched uranium.--The term ``highly enriched 
        uranium'' means uranium that contains at least 20 percent of 
        the uranium isotope 235.
            (6) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (7) Special nuclear material.--The term ``special nuclear 
        material'' has the meaning given the term in section 11(aa) of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

SEC. 3. REPORT ON UNITED STATES NUCLEAR NONPROLIFERATION EFFORTS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Coordinator shall 
submit to the appropriate congressional committees an unclassified 
report, with classified annexes as necessary, on the findings and 
recommendations of the Commission described in subsection (b).
    (b) Content.--The report required under subsection (a) shall 
include the following:
            (1) A description of the financial incentives the United 
        States Government used during the previous year to promote 
        civilian nuclear energy abroad, including the types, amounts, 
        and recipients of such financial incentives.
            (2) A description of the actions the United States 
        Government has taken for improving the secure civilian storage 
        of, and minimizing the use and export of, weapons useable 
        highly enriched uranium during the previous year, and the 
        amount the United States Government spends annually to fuel 
        United States civilian reactors that use highly enriched 
        uranium.
            (3) A description of the actions that have been taken by 
        the United States Government to implement title V of the 
        Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.) 
        during the previous year and any obstacles pertaining to its 
        implementation with recommended actions.
            (4)(A) A description of the steps the United States 
        Government has taken during the previous year to upgrade the 
        physical security of civilian nuclear facilities in the United 
        States that store or handle special nuclear material.
            (B) A comparison of the current physical security standards 
        used at civilian nuclear facilities in the United States that 
        store or handle special nuclear material to those standards 
        used by the United States Armed Forces to secure such 
        materials.
            (5) A United States Government assessment of the 
        capabilities of the IAEA, completed in consultation with all 
        relevant United States Government agencies, including the 
        Office of the Director of National Intelligence, including--
                    (A) the ability of IAEA to meet its own timely 
                detection inspection goals;
                    (B) the ability of IAEA to afford timely detection 
                of possible military diversions and whether or not the 
                IAEA has met its own timely detection inspection goals; 
                and
                    (C) recommendations for whether and how the IAEA 
                should update its definitions of how much special 
                nuclear material is needed to create a nuclear bomb and 
                how long it takes to convert such special nuclear 
                material into nuclear bombs.
    (c) Absence of the Coordinator and the Deputy Coordinator.--The 
President shall submit the report required under this section if 
neither the Coordinator nor the Deputy Coordinator have been appointed 
pursuant to section 1841(b)(3) of the Implementing Recommendation of 
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).

SEC. 4. REPORT ON UNITED STATES WORK WITH IAEA ON NUCLEAR 
              NONPROLIFERATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Coordinator shall submit to the appropriate 
congressional committees an unclassified report, with classified 
annexes as necessary, on the findings and recommendations of the 
Commission under subsection (b).
    (b) Content.--The report required under subsection (a) shall 
include details about the progress of the work of the United States 
Government with the IAEA Director General to--
            (1) establish a safeguards user fee, whereby countries with 
        inspected facilities would be assessed a fee to help cover the 
        costs of IAEA inspections;
            (2) assess whether the IAEA can meet its own inspection 
        goals, whether those goals afford timely detection to account 
        for a bomb's worth of special nuclear material, whether there 
        are situations in which achieving those goals is not possible, 
        and what corrective actions, if any, might help the IAEA to 
        achieve its inspection goals;
            (3) promote transparency at suspect sites and to encourage 
        IAEA member states to maintain a registry, made available to 
        other IAEA members upon request, of all foreign visitors at 
        safeguarded sites;
            (4) provide for the acquisition and implementation of near-
        real-time surveillance equipment in the use of safeguards, 
        including at sites where nuclear fuel rods are located; and
            (5) require that the transfer of all items on the Nuclear 
        Suppliers Group dual-use and trigger lists be reported to the 
        IAEA in advance and develop a system to process and analyze the 
        information.
    (c) Absence of the Coordinator and the Deputy Coordinator.--The 
President shall submit the report required under this section if 
neither the Coordinator nor the Deputy Coordinator have been appointed 
pursuant to section 1841(b)(3) of the Implementing Recommendation of 
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the reporting requirements under sections 3 and 
4 for fiscal year 2010 and each subsequent year thereafter.
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