II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening the 

5 Oversight of Nuclear Nonproliferation Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations, 

7 the Committee on Homeland Security and Gov8 ernmental Affairs, the Committee on Armed 

9 Services, the Select Committee on Intelligence, 

10 and the Committee on Energy and Natural Re11 sources of the Senate; and 

12 (B) the Committee on Foreign Affairs, the 

13 Committee on Oversight and Government Re14 form, the Committee on Armed Services, the 

15 Permanent Select Committee on Intelligence, 

16 and the Committee on Energy and Commerce 

17 of the House of Representatives. 

18 (2) COMMISSION.—The term ‘‘Commission’’ 

19 means the Commission on the Prevention of Weap20 ons of Mass Destruction Proliferation and Terrorism 

21 established by section 1851 of the Implementing 

22 Recommendation of the 9/11 Commission Act of 

23 2007 (Public Law 110–53; 121 Stat. 501). 

24 (3) COORDINATOR.—The term ‘‘Coordinator’’ 

25 means the President’s Coordinator for the Preven26 tion of Weapons of Mass Destruction Proliferation 


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1 and Terrorism established by section 1841(b)(1) of 

2 the Implementing Recommendations of the 9/11 

3 Commission Act of 2007 (50 U.S.C. 2931(b)(1)). 

4 (4) DEPUTY COORDINATOR.—The term ‘‘Dep5 uty Coordinator’’ means the Deputy United States 

6 Coordinator for the Prevention of Weapons of Mass 

7 Destruction Proliferation and Terrorism established 

8 under section 1841(b)(2) of the Implementing Rec9 ommendations of the 9/11 Commission Act of 2007 

10 (50 U.S.C. 2931(b)(2)). 

11 (5) HIGHLY ENRICHED URANIUM.—The term 

12 ‘‘highly enriched uranium’’ means uranium that con13 tains at least 20 percent of the uranium isotope 235. 

14 (6) IAEA.—The term ‘‘IAEA’’ means the 

15 International Atomic Energy Agency. 

16 (7) SPECIAL NUCLEAR MATERIAL.—The term 

17 ‘‘special nuclear material’’ has the meaning given 

18 the term in section 11(aa) of the Atomic Energy Act 

19 of 1954 (42 U.S.C. 2014(aa)). 

20 SEC. 3. REPORT ON UNITED STATES NUCLEAR NON21 PROLIFERATION EFFORTS. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of the enactment of this Act, and annually thereafter, 

24 the Coordinator shall submit to the appropriate congres25 sional committees an unclassified report, with classified 


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1 annexes as necessary, on the findings and recommenda2 tions of the Commission described in subsection (b). 

3 (b) CONTENT.—The report required under subsection 

4 (a) shall include the following: 

5 (1) A description of the financial incentives the 

6 United States Government used during the previous 

7 year to promote civilian nuclear energy abroad, in8 cluding the types, amounts, and recipients of such 

9 financial incentives. 

10 (2) A description of the actions the United 

11 States Government has taken for improving the se12 cure civilian storage of, and minimizing the use and 

13 export of, weapons useable highly enriched uranium 

14 during the previous year, and the amount the United 

15 States Government spends annually to fuel United 

16 States civilian reactors that use highly enriched ura17 nium. 

18 (3) A description of the actions that have been 

19 taken by the United States Government to imple20 ment title V of the Nuclear Non-Proliferation Act of 

21 1978 (22 U.S.C. 3261 et seq.) during the previous 

22 year and any obstacles pertaining to its implementa23 tion with recommended actions. 

24 (4)(A) A description of the steps the United 

25 States Government has taken during the previous 


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1 year to upgrade the physical security of civilian nu2 clear facilities in the United States that store or 

3 handle special nuclear material. 

4 (B) A comparison of the current physical secu5 rity standards used at civilian nuclear facilities in 

6 the United States that store or handle special nu7 clear material to those standards used by the United 

8 States Armed Forces to secure such materials. 

9 (5) A United States Government assessment of 

10 the capabilities of the IAEA, completed in consulta11 tion with all relevant United States Government 

12 agencies, including the Office of the Director of Na13 tional Intelligence, including— 

14 (A) the ability of IAEA to meet its own 

15 timely detection inspection goals; 

16 (B) the ability of IAEA to afford timely 

17 detection of possible military diversions and 

18 whether or not the IAEA has met its own time19 ly detection inspection goals; and 

20 (C) recommendations for whether and how 

21 the IAEA should update its definitions of how 

22 much special nuclear material is needed to cre23 ate a nuclear bomb and how long it takes to 

24 convert such special nuclear material into nu25 clear bombs. 


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1 (c) ABSENCE OF THE COORDINATOR AND THE DEP2 UTY COORDINATOR.—The President shall submit the re3 port required under this section if neither the Coordinator 

4 nor the Deputy Coordinator have been appointed pursuant 

5 to section 1841(b)(3) of the Implementing Recommenda6 tion of the 9/11 Commission Act of 2007 (50 U.S.C. 

7 2931(b)(3)). 

8 SEC. 4. REPORT ON UNITED STATES WORK WITH IAEA ON 

9 NUCLEAR NONPROLIFERATION. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of the enactment of this Act, the Coordinator shall 

12 submit to the appropriate congressional committees an un13 classified report, with classified annexes as necessary, on 

14 the findings and recommendations of the Commission 

15 under subsection (b). 

16 (b) CONTENT.—The report required under subsection 

17 (a) shall include details about the progress of the work 

18 of the United States Government with the IAEA Director 

19 General to— 

20 (1) establish a safeguards user fee, whereby 

21 countries with inspected facilities would be assessed 

22 a fee to help cover the costs of IAEA inspections; 

23 (2) assess whether the IAEA can meet its own 

24 inspection goals, whether those goals afford timely 

25 detection to account for a bomb’s worth of special 


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1 nuclear material, whether there are situations in 

2 which achieving those goals is not possible, and what 

3 corrective actions, if any, might help the IAEA to 

4 achieve its inspection goals; 

5 (3) promote transparency at suspect sites and 

6 to encourage IAEA member states to maintain a 

7 registry, made available to other IAEA members 

8 upon request, of all foreign visitors at safeguarded 

9 sites; 

10 (4) provide for the acquisition and implementa11 tion of near-real-time surveillance equipment in the 

12 use of safeguards, including at sites where nuclear 

13 fuel rods are located; and 

14 (5) require that the transfer of all items on the 

15 Nuclear Suppliers Group dual-use and trigger lists 

16 be reported to the IAEA in advance and develop a 

17 system to process and analyze the information. 

18 (c) ABSENCE OF THE COORDINATOR AND THE DEP19 UTY COORDINATOR.—The President shall submit the re20 port required under this section if neither the Coordinator 

21 nor the Deputy Coordinator have been appointed pursuant 

22 to section 1841(b)(3) of the Implementing Recommenda23 tion of the 9/11 Commission Act of 2007 (50 U.S.C. 

24 2931(b)(3)). 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out the reporting require4 ments under sections 3 and 4 for fiscal year 2010 and 

5 each subsequent year thereafter. 

Æ 


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