II 111th CONGRESS 1st Session S. 1931 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.

1.

Short title

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

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)).

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)).

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)).

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.