[Congressional Record Volume 155, Number 131 (Wednesday, September 16, 2009)]
[Senate]
[Pages S9437-S9439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1675. A bill to implement title V of the Nuclear Non-Proliferation 
Act of 1978 and to promote economical and environmentally sustainable 
means of meeting the energy demands of developing countries, and for 
other purposes; to the Committee on Foreign Relations.
  Mr. AKAKA. Mr. President, I rise today to introduce The Energy 
Development Program Implementation Act

[[Page S9438]]

of 2009. This legislation provides a mechanism to guide the 
implementation of title V of the Nuclear Non-Proliferation Act of 1978, 
which requires the United States to work with developing countries in 
assessing and finding ways to meet their energy needs through non-
nuclear, alternative energy sources.
  Although title V of the Nuclear Non-Proliferation Act was passed into 
law more than 30 years ago, Congress did not put an implementation 
framework into place, and the Executive Branch never implemented the 
provisions. Back then, there may have been skepticism about the 
economic viability of alternative energy resources, but in the past 30 
years there have been significant advances in the technology supporting 
alternative energy resources, and today there is broader agreement that 
the development of these resources is important for economic 
development, environmental sustainability, and national security.
  This bill provides economic and environmental benefits to developing 
countries and diplomatic benefits for the U.S. Through the 
implementation of the Energy Development Program supported by this 
bill, developing countries will be provided energy assessments, receive 
support in evaluating energy alternatives, and be able to work on 
cooperative projects with United States energy experts on resource 
exploration, production, training, and research and development. This 
bill will further international collaboration around alternative energy 
sources and allow the United States to take on a stronger leadership 
role in this effort.
  In addition to providing economic and environmental benefits, this 
bill supports international efforts to prevent nuclear proliferation. 
The bipartisan Commission on the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism recently recommended the 
implementation of title V because it will lower the risk of nuclear 
proliferation as developing countries are encouraged to focus more on 
non-nuclear, alternative energy sources. Providing concrete technical 
assistance to promote those energy sources in developing countries 
reduces the inherent risk that accompanies the wider proliferation of 
nuclear technology and materials.
  We should remain mindful that the same nuclear technology that can be 
used for peaceful, civilian uses may in some cases be used to support 
covert or potentially dangerous nuclear programs. At my request, the 
Government Accountability Office, GAO, reviewed the International 
Atomic Energy Agency's, IAEA, Technical Cooperation, TC, Program, which 
supports peaceful uses of nuclear energy, including nuclear power, by 
providing nuclear equipment, training, and fellowships to IAEA member 
states. The U.S. provides approximately 25 percent of its annual 
budget. GAO found that the U.S. faces difficulty in assessing the 
nature of the nuclear assistance provided under that program, and that 
state sponsors of terrorism, including Iran, Syria, Sudan, and Cuba had 
received funding under the program. For instance, GAO reported that 
Iran requested assistance to complete a research reactor that could 
have been used for both civilian and military applications. 
Fortunately, IAEA denied this assistance, but this example highlights 
the inherent proliferation risks of nuclear power and the benefit of 
focusing more on alternative energy sources.
  This bill puts into place an implementation mechanism to support this 
effort. It requires the Secretary of Energy, in cooperation with the 
Secretary of State and the administrator of the U.S. Agency for 
International Development, to develop strategic and implementation 
plans for the Energy Development Program. The Secretary of Energy will 
then be required to carry out the implementation of the program 
according to those plans.
  The Energy Development Program would be supported by the exchange of 
energy experts, scientists, and technicians with developing countries. 
Federal employees will have an opportunity to work with developing 
countries on energy assessments and projects focused on finding and 
developing non-nuclear, alternative sources of energy, while retaining 
their seniority and other rights and benefits within their home 
agencies. They will be able to share their expertise with professionals 
in developing countries and also bring back new ideas and perspectives 
from overseas that could help us in our own efforts to develop 
alternative energy sources.
  The time has come to implement title V of the Nuclear Non-
Proliferation Act. This legislation will put that process in motion. 
The benefits of this program have global impact as we assist developing 
countries in meeting their energy needs with alternative energy 
sources, reduce the risk of nuclear proliferation, and take a more 
prominent leadership role in developing alternative energy sources.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1675

       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 ``Energy Development Program 
     Implementation Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) title V of the Nuclear Non-Proliferation Act of 1978 
     (22 U.S.C. 3261 et seq.) requires the United States to work 
     with developing countries in assessing and finding ways to 
     meet their energy needs through alternatives to nuclear 
     energy that are consistent with economic factors, material 
     resources, and environmental protection; and
       (2) in December 2008, the Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism noted 
     that the Federal Government had failed to implement title V 
     of that Act and recommended that the Federal Government 
     implement title V of that Act to help reduce the risk of 
     nuclear proliferation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Foreign Relations, the Committee on 
     Energy and Natural Resources, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Oversight and Government Reform, the 
     Committee on Foreign Affairs, the Committee on Energy and 
     Commerce, and the Committee on Appropriations of the House of 
     Representatives.
       (2) Energy development program.--The term ``energy 
     development program'' means the program established under 
     title V of the Nuclear Non-Proliferation Act of 1978 (22 
     U.S.C. 3261 et seq.).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, in cooperation with the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development.

     SEC. 4. ENERGY DEVELOPMENT PROGRAM IMPLEMENTATION.

       (a) Strategic and Implementation Plans.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop--
       (A) strategic plans for the energy development program 
     consistent with title V of the Nuclear Non-Proliferation Act 
     of 1978 (22 U.S.C. 3261 et seq.); and
       (B) implementation plans for the energy development program 
     consistent with title V of that Act.
       (2) Review of plans.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit the 
     strategic and implementation plans to the appropriate 
     congressional committees for review.
       (b) Implementation.--Not later than 180 days after the date 
     on which the plans are submitted to the appropriate 
     congressional committees for review under subsection (a), the 
     Secretary shall implement the plans.
       (c) Allowances, Privileges, and Other Benefits.--
       (1) In general.--A Federal employee serving in an exchange 
     capacity in the energy development program shall be 
     considered to be detailed.
       (2) Employing agency.--For the purpose of preserving 
     allowance, privileges, rights, seniority, and other benefits 
     with respect to the Federal employee, the employee shall be--
       (A) considered an employee of the original employing 
     agency; and
       (B) entitled to the pay, allowances, and benefits from 
     funds available to the original employing agency.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for fiscal year 2010 and each fiscal year 
     thereafter.

     SEC. 5. REPORTS.

       (a) Annual Report.--Not later than 1 year after the date of 
     implementation of the plans under section 4(b) and every year 
     thereafter, the Secretary shall report annually to the 
     appropriate congressional committees on the plans consistent 
     with section 501 of the Nuclear Non-Proliferation Act of 1978 
     (22 U.S.C. 3261).

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       (b) Report on the Alternative Energy Corps.--
       (1) Cooperative activities.--Not later than 1 year after 
     the date of implementation of the plans under section 4(b), 
     the Secretary shall report to the appropriate congressional 
     committees on the feasibility of expanding the cooperative 
     activities established pursuant to section 503(c) of the 
     Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262 note; 
     Public Law 95-242) into an international cooperative effort.
       (2) Requirements.--The report required under paragraph (1) 
     shall include an analysis and description of--
       (A) an Alternative Energy Corps that is designed to 
     encourage large numbers of technically trained volunteers to 
     live and work in developing countries for varying periods of 
     time for the purpose of engaging in projects to aid in 
     meeting the energy needs of those countries through--
       (i) the search for and use of non-nuclear indigenous energy 
     resources; and
       (ii) the application of suitable technology, including the 
     widespread use of renewable and unconventional energy 
     technologies; and
       (B) other mechanisms that are available to coordinate an 
     international effort to develop, demonstrate, and encourage 
     the use of suitable technologies in developing countries.
                                 ______