[Congressional Record Volume 155, Number 157 (Tuesday, October 27, 2009)]
[Senate]
[Pages S10778-S10780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1931. 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; to the Committee on Foreign Relations.
  Mr. AKAKA. Mr. President, I rise today to introduce the Strengthening 
the Oversight of Nuclear Nonproliferation Act of 2009. This legislation 
will enhance the ability of Congress to oversee nuclear 
nonproliferation shortcomings that were identified in the Commission on 
the Prevention of Weapons of Mass Destruction, WMD, Proliferation and 
Terrorism's Commission December 2008 report.
  Just last month, President Obama chaired a session of the United 
Nations Security Council, where the Security Council unanimously 
cosponsored and adopted Resolution 1887, which seeks to ``create the 
conditions for a world

[[Page S10779]]

without nuclear weapons . . . in a way that promotes international 
stability.'' Among other actions, the Security Council called on 
Nations to minimize the use of highly enriched uranium, strengthen 
export controls on sensitive nuclear technologies, improve nuclear 
security practices and standards, strengthen efforts to counter the 
threat of nuclear terrorism, and support the International Atomic 
Energy Agency's, IAEA, ability to verify the uses of nuclear materials 
and facilities.
  The proliferation of WMD is among the greatest threats facing 
national and international security. We need to commit ourselves to 
strengthening our nuclear nonproliferation efforts and to take the 
actions supported by the United Nations Security Council and the 
Commission.
  The bill I am introducing today would require an annual report by the 
President's Coordinator for WMD Proliferation and Terrorism to address 
the Commission's findings regarding United States nuclear 
nonproliferation efforts. The report will provide an assessment of IAEA 
capabilities to detect possible military diversions of nuclear 
materials; will address actions taken to upgrade the physical security 
of civilian nuclear facilities in the United States; will identify the 
measures taken to minimize the use of weapons usable highly enriched 
uranium; will document the steps taken to implement the Energy 
Development Program under the Nuclear Non-Proliferation Act of 1978; 
will compare the security standards at civilian nuclear facilities to 
those at military facilities; and will detail what the U.S. is spending 
to promote civilian nuclear energy abroad.
  The challenges of nuclear proliferation are global in nature and 
require sustained international collaboration. This bill would further 
our international efforts by requiring an additional report on the 
progress of United States Government cooperative efforts with the 
Director General of IAEA to examine how IAEA could better meet its 
nuclear safeguard goals; promote the transparency of foreign visitors 
to safeguarded sites; acquire and implement near-real-time surveillance 
at sensitive sites; use fees to fund inspections; and require advance 
notice and analysis of transfers of dual-use nuclear technologies.
  I have long been a proponent of improving our nonproliferation 
efforts. Last month, I introduced the Energy Development Program 
Implementation Act, S. 1675, to support non-nuclear, alternative energy 
development in developing countries. In addition to this, I called for 
the Government Accountability Office to examine proliferation risks in 
IAEA's Technical Cooperation Program and chaired numerous hearings on 
improving our Nation's nonproliferation capabilities. We should 
remember that nuclear technology that can be used for peaceful uses may 
in some cases be used to support dangerous, clandestine programs.
  I believe that promoting greater international cooperation toward 
nonproliferation is crucial. This bill would make the U.S. an even 
stronger partner in these efforts and enhance the ability of Congress 
to help tackle the dangers of nuclear proliferation.
  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. 1931

       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

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     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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