II 

108TH CONGRESS 

2D SESSION S. 2310 

To promote the national security of the United States by facilitating the 

removal of potential nuclear weapons materials from vulnerable sites 

around the world, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2004 

Mrs. FEINSTEIN (for herself, Mr. NELSON of Florida, and Mr. REED) introduced the following bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To promote the national security of the United States by 

facilitating the removal of potential nuclear weapons materials from vulnerable sites around the world, 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. REMOVAL OF POTENTIAL NUCLEAR WEAPONS 

4 MATERIALS FROM VULNERABLE SITES 

5 WORLDWIDE. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that removing potential nuclear weapons materials 

8 from vulnerable sites around the world would reduce the 
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1 possibility that such materials could fall into the hands 

2 of al Qaeda or other groups and states hostile to the 

3 United States, and should be a top priority for achieving 

4 the national security of the United States. 

5 (b) TASK FORCE ON NUCLEAR MATERIAL RE6 MOVAL.—(1) The President shall establish in the Depart7 ment of Energy a task force to be known as the Task 

8 Force on Nuclear Material Removal (in this section re9 ferred to as the ‘‘Task Force’’). 

10 (2) The head of the Task Force shall be the Director 

11 of the Task Force on Nuclear Material Removal, who shall 

12 be appointed by the President for that purpose. 

13 (3) The Director of the Task Force shall report di14 rectly to the Deputy Administrator for Defense Nuclear 

15 Nonproliferation of the National Nuclear Security Admin16 istration regarding the activities of the Task Force under 

17 this section. 

18 (4)(A) The Secretary of Energy, the Administrator 

19 for Nuclear Security, and the Deputy Administrator for 

20 Defense Nuclear Nonproliferation shall assign to the Task 

21 Force personnel having such experience and expertise as 

22 is necessary to permit the Task Force to carry out its mis23 sion under this section. 

24 (B) The Secretary of Energy and the Administrator 

25 for Nuclear Security shall jointly consult with the Assist-
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1 ant to the President for National Security Affairs, the 

2 Secretary of State, the Secretary of Defense, the Chair3 man of the Nuclear Regulatory Commission, the heads of 

4 other appropriate departments and agencies of the Fed5 eral Government, and appropriate international organiza6 tions in order to identify and establish mechanisms and 

7 procedures to ensure that the Task Force is able to draw 

8 quickly on the capabilities of the departments and agen9 cies of the Federal Government and such international or10 ganizations to carry out its mission under this section. 

11 (C) Mechanisms under subparagraph (B) may in12 clude the assignment to the Task Force of personnel of 

13 the Department of Energy and of other departments and 

14 agencies of the Federal Government. 

15 (5) The President may establish within the Executive 

16 Office of the President a mechanism for coordinating the 

17 activities of the Task Force under this section. 

18 (c) MISSION.—The mission of the Task Force shall 

19 be to ensure that potential nuclear weapons materials are 

20 entirely removed from the most vulnerable sites around 

21 the world as soon as practicable after the date of the en22 actment of this Act. 

23 (d) ASSISTANCE.—To assist the Task Force in car24 rying out its mission under this section, the Secretary of 

25 Energy may— 
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1 (1) provide funds to remove potential nuclear 

2 weapons materials from vulnerable sites, including 

3 funds to cover the costs of— 

4 (A) transporting such materials from such 

5 sites to secure facilities; 

6 (B) providing interim security upgrades for 

7 such materials pending their removal from their 

8 current sites; 

9 (C) managing such materials after their 

10 arrival at secure facilities; 

11 (D) purchasing such materials; 

12 (E) converting such sites to the use of low13 enriched uranium fuels; 

14 (F) assisting in the closure and decommis15 sioning of such sites; and 

16 (G) providing incentives to facilitate the 

17 removal of such materials from vulnerable fa18 cilities; 

19 (2) arrange for the shipment of potential nu20 clear weapons materials to the United States, or to 

21 other countries willing to accept such materials and 

22 able to provide high levels of security for such mate23 rials, and dispose of such materials, in order to en24 sure that United States national security objectives 
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1 are accomplished as quickly and effectively as pos2 sible; and 

3 (3) provide funds to upgrade security and ac4 counting at sites where, as determined by the Sec5 retary, potential nuclear weapons materials will re6 main for an extended period in order to ensure that 

7 such materials are secure against plausible potential 

8 threats, and will remain so in the future. 

9 (e) REPORT.—(1) Not later than 30 days after the 

10 submittal to Congress of the budget of the President for 

11 fiscal year 2006 pursuant to section 1105(a) of title 31, 

12 United States Code, the Secretary of Energy, in coordina13 tion with other relevant Federal Government and inter14 national agencies, shall submit to Congress a report that 

15 includes the following: 

16 (A) A list of the sites determined by the Task 

17 Force to be of the highest priorities for removal of 

18 potential nuclear weapons materials, based on the 

19 quantity and attractiveness of such materials at such 

20 sites and the risk of theft or diversion of such mate21 rials for weapons purposes. 

22 (B) An inventory of all sites worldwide where 

23 highly-enriched uranium or separated plutonium is 

24 located, including, to the extent practicable, a 

25 prioritized assessment of the terrorism and prolifera-
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1 tion risk posed by such materials at each such site, 

2 based on the quantity of such materials, the 

3 attractiveness of such materials for use in nuclear 

4 weapons, the current level of security and accounting 

5 for such materials, and the level of threat (including 

6 the effects of terrorist or criminal activity and the 

7 pay and morale of personnel and guards) in the 

8 country or region where such sites are located. 

9 (C) A strategic plan, including measurable mile10 stones and metrics, for accomplishing the mission of 

11 the Task Force under this section. 

12 (D) An estimate of the funds required to com13 plete the mission of the Task Force under this sec14 tion, set forth by year until anticipated completion 

15 of the mission. 

16 (E) The recommendations of the Secretary on 

17 whether any further legislative actions or inter18 national agreements are necessary to facilitate the 

19 accomplishment of the mission of the Task Force. 

20 (F) Such other information on the status of ac21 tivities under this section as the Secretary considers 

22 appropriate. 

23 (2) The report shall be submitted in unclassified 

24 form, but may include a classified annex. 
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1 (f) POTENTIAL NUCLEAR WEAPONS MATERIAL DE2 FINED.—In this section, the term ‘‘potential nuclear weap3 ons material’’ means plutonium, highly-enriched uranium, 

4 or other material capable of sustaining an explosive nu5 clear chain reaction, including irradiated materials if the 

6 radiation field from such materials is not sufficient to pre7 vent the theft and use of such materials for an explosive 

8 nuclear chain reaction. 

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Department of En11 ergy for fiscal year 2005 for activities of the National Nu12 clear Security Administration in carrying out programs 

13 necessary for national security for purposes of defense nu14 clear nonproliferation activities, $40,000,000 to carry out 

15 this section. 

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