I 

108TH CONGRESS 

2D SESSION H. R. 5161 

To provide for counterproliferation measures. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2004 

Mrs. TAUSCHER (for herself, Mr. SPRATT, and Mr. MEEHAN) introduced the 

following bill; which was referred to the Committee on International Relations 

A BILL 

To provide for counterproliferation measures. 

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 ‘‘The 9–11 Commission 

5 Combating Proliferation Implementation Act’’. 
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1 TITLE I—OFFICE FOR COM2 BATING THE PROLIFERATION 

3 OF WEAPONS OF MASS DE4 STRUCTION 

5 SEC. 101. OFFICE FOR COMBATING THE PROLIFERATION 

6 OF WEAPONS OF MASS DESTRUCTION. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Executive Office of the President an office to be known 

9 as the ‘‘Office for Combating the Proliferation of Weapons 

10 of Mass Destruction’’ (in this title referred to as the ‘‘Of11 fice’’). 

12 (b) OFFICERS.—(1) The head of the Office shall be 

13 the Director of the Office. 

14 (2) There shall be a Deputy Director of the Office, 

15 who shall— 

16 (A) assist the Director in carrying out the re17 sponsibilities of the Director under this title; and 

18 (B) serve as Acting Director in the absence of 

19 the Director and during any vacancy in the office of 

20 Director. 

21 (3) The Director and Deputy Director— 

22 (A) shall be appointed by the President, by and 

23 with the advice and consent of the Senate; and 

24 (B) shall serve at the pleasure of the President. 
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1 (4) No person shall serve as Director or Deputy Di2 rector while serving in any other position in the Federal 

3 Government. 

4 (c) RESPONSIBILITIES.—Subject to the direction and 

5 control of the President, the responsibilities of the Direc6 tor shall include the following: 

7 (1) To develop policies, goals, objectives, and 

8 priorities for the United States for preventing the 

9 proliferation of weapons of mass destruction. 

10 (2) To serve as the principal advisor to the 

11 President with respect to those policies, goals, objec12 tives, and priorities. 

13 (3) To develop a comprehensive strategy for the 

14 United States for the prevention of the proliferation 

15 of weapons of mass destruction, to be known as the 

16 ‘‘Strategy for Combating the Proliferation of Weap17 ons of Mass Destruction’’ (in this title referred to as 

18 the ‘‘Strategy’’). 

19 (4) To coordinate, oversee, and evaluate the im20 plementation and execution of the Strategy by the 

21 agencies of the Federal Government with respon22 sibilities for preventing the proliferation of weapons 

23 of mass destruction. 

24 (5) To direct the development of comprehensive 

25 annual budgets submitted under section 1105(a) of 
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1 title 31, United States Code, for the programs and 

2 activities under the Strategy. 

3 (6) To certify to the President, prior to the sub4 mission to Congress of each annual budget under 

5 that section, whether the budget for each element of 

6 preventing the proliferation of weapons of mass de7 struction is consistent with and adequate for car8 rying out the Strategy. 

9 (7) To carry out any other responsibilities relat10 ing to development, coordination, funding, and im11 plementation of United States policy on the preven12 tion of the proliferation of weapons of mass destruc13 tion that the President considers appropriate. 

14 (d) AUTHORITIES OF THE DIRECTOR.—In carrying 

15 out subsection (c), the Director shall have authority to— 

16 (1) develop and present to the President annual 

17 unified budgets for the prevention of the prolifera18 tion of weapons of mass destruction, including the 

19 authorities to— 

20 (A) provide guidance on the development 

21 of annual budgets for each element of the pre22 vention of the proliferation of weapons of mass 

23 destruction; 

24 (B) direct, coordinate, and modify the an25 nual budgets of the elements of the prevention 
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1 of the proliferation of weapons of mass destruc2 tion, in consultation with the heads of those ele3 ments; and 

4 (C) approve the budget of each element of 

5 the prevention of the proliferation of weapons of 

6 mass destruction before that budget may be 

7 provided to the President for transmission to 

8 the Congress; 

9 (2) transfer between accounts and agencies 

10 funds appropriated and associated resources avail11 able for the prevention of the proliferation of weap12 ons of mass destruction and detail personnel when 

13 the Director makes a determination that doing so is 

14 necessary in order to— 

15 (A) respond to an emergent risk of pro16 liferation; 

17 (B) eliminate duplication of effort; or 

18 (C) significantly increase programmatic ef19 ficiency; 

20 (3) select, appoint, employ, and fix compensa21 tion of such officers and employees of the Office as 

22 may be necessary to carry out the functions of the 

23 Office; 

24 (4) subject to subsection (e)(3), request the 

25 head of a department or agency, or program of the 
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1 Federal Government to place department, agency, or 

2 program personnel who are engaged in activities in3 volving the prevention of the proliferation of weap4 ons of mass destruction on temporary detail to an5 other department, agency, or program in order to 

6 implement the Strategy, and the head of the depart7 ment or agency shall comply with such a request; 

8 (5) use for administrative purposes, on a reim9 bursable basis, the available services, equipment, 

10 personnel, and facilities of Federal agencies; 

11 (6) procure the services of experts and consult12 ants in accordance with section 3109 of title 5, 

13 United States Code, relating to appointments in the 

14 Federal Service, at rates of compensation for indi15 viduals not to exceed the daily equivalent of the rate 

16 of pay payable under level IV of the Executive 

17 Schedule under section 5311 of that title; 

18 (7) use the mails in the same manner as any 

19 other department or agency of the executive branch; 

20 and 

21 (8) monitor implementation of the Strategy, in22 cluding— 

23 (A) conducting program and performance 

24 audits and evaluations; and 
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1 (B) requesting assistance from the Inspec2 tor General of the relevant agency in such au3 dits and evaluations. 

4 (e) PERSONNEL DETAILED TO OFFICE.—(1) Not5 withstanding any provision of chapter 43 of title 5, United 

6 States Code, the Director shall perform the evaluation of 

7 the performance of any employee detailed to the Office for 

8 purposes of the applicable performance appraisal system 

9 established under that chapter for any rating period, or 

10 part thereof, that the employee is detailed to the Office. 

11 (2)(A) Notwithstanding any other provision of law, 

12 the Director may provide periodic bonus payments to any 

13 employee detailed to the Office. 

14 (B) An amount paid under this paragraph to an em15 ployee for any period— 

16 (i) shall not be greater than 20 percent of the 

17 basic pay paid or payable to such employee for such 

18 period; and 

19 (ii) shall be in addition to the basic pay of such 

20 employee. 

21 (C) The aggregate amount paid during any fiscal 

22 year to an employee detailed to the Office as basic pay, 

23 awards, bonuses, and other compensation shall not exceed 

24 the annual rate payable at the end of such fiscal year for 

25 positions at level III of the Executive Schedule. 
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1 (3) The maximum number of personnel who may be 

2 detailed to another department or agency (including the 

3 office) under subsection (d)(1) during any fiscal year is— 

4 (A) for the Department of Defense, 5; 

5 (B) for the Department of Energy, 5; 

6 (C) for the Department of State, 5; and 

7 (D) for any other department or agency, 2. 

8 (4) A transfer or detail under paragraph (1)(A) shall 

9 expire on the last day of the fiscal year after the fiscal 

10 year in which it is ordered by the Director unless extended 

11 by law or by an official having authority to extend it fur12 ther. 

13 (f) REPORT ON STRATEGIC PLAN.—(1) Not later 

14 than June 1, 2005, the Director shall submit to Congress 

15 the Strategy developed under subsection (c)(3), together 

16 with any recommendations of the Director for legislative 

17 changes that the Director considers appropriate with re18 spect to either the Strategy and its implementation or the 

19 Office. 

20 (2) Not later than December 31 of each year after 

21 2004, the Director shall submit to the Congress an up22 dated Strategy and any such recommendations. 

23 (g) GLOBAL COALITION.—(1) The Director shall de24 velop the Strategy and, in consultation with the Secretary 

25 of State, carry out the programs for which the Director 
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1 is responsible in coordination with appropriate officials of 

2 the foreign governments concerned. 

3 (2) In consultation with the Secretary of State, the 

4 Director shall seek to develop and provide leadership for 

5 a coalition of United States and foreign governments com6 mitted to achieving the prevention of the proliferation of 

7 weapons of mass destruction through programs similar to 

8 those specified in section 103. 

9 (h) OVERSIGHT BY CONGRESS.—The location of the 

10 Office in the Executive Office of the President shall not 

11 be construed as affecting access by Congress, or any com12 mittee of Congress, to— 

13 (1) any information, document, record, or paper 

14 in the possession of the Office or any study con15 ducted by or at the direction of the Director; or 

16 (2) any personnel of the Office, including the 

17 Director. 

18 (i) PAY OF DIRECTOR AND OF DEPUTY DIRECTOR.— 

19 Chapter 53 of title 5, United States Code, is amended— 

20 (1) in section 5312, by inserting after the item 

21 relating to the Chairman, Board of Governors of the 

22 Federal Reserve System the following new item: 

23 ‘‘Director of the Office for Combating the 

24 Proliferation of Weapons of Mass Destruc25 tion.’’. 
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1 (2) in section 5313, by inserting after the item 

2 relating to the Under Secretary for Transportation 

3 the following new item: 

4 ‘‘Deputy Director of the Office for Com5 bating the Proliferation of Weapons of Mass 

6 Destruction.’’. 

7 SEC. 102. REQUEST FOR CORRESPONDING RUSSIAN DIREC8 TOR. 

9 It is the sense of the Congress that, as soon as prac10 tical, the President should personally request the Presi11 dent of the Russian Federation to designate an official of 

12 the Russian Federation having authorities and responsibil13 ities for the prevention of the proliferation of weapons of 

14 mass destruction commensurate with those of the Director 

15 and with whom the Director should coordinate with re16 spect to the planning and implementation in the Russian 

17 Federation of activities having the purpose of securing 

18 weapons of mass destruction. 

19 SEC. 103. SCOPE. 

20 In this title: 

21 (1) The term ‘‘prevention of the proliferation of 

22 weapons of mass destruction’’ includes activities 

23 under— 

24 (A) the programs specified in section 

25 1501(b) of the National Defense Authorization 
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1 Act for Fiscal Year 1997 (Public Law 104–201; 

2 110 Stat. 2731; 50 U.S.C. 2362 note); 

3 (B) the programs for which appropriations 

4 are authorized by section 3101(a)(2) of the Bob 

5 Stump National Defense Authorization Act for 

6 Fiscal Year 2003 (Public Law 107–314; 116 

7 Stat. 2458); 

8 (C) programs authorized by section 504 of 

9 the Freedom for Russia and Emerging Eur10 asian Democracies and Open Markets Support 

11 Act of 1992 (the FREEDOM Support Act) (22 

12 U.S.C. 5354) and programs authorized by sec13 tion 1412 of the Former Soviet Union Demili14 tarization Act of 1992 (22 U.S.C. 5902); and 

15 (D) a program of any agency of the Fed16 eral Government having a purpose similar to 

17 that of any of the programs identified in sub18 paragraphs (A) through (C), as designated by 

19 the Director and the head of the agency. 

20 (2) The term ‘‘weapons of mass destruction’’ 

21 means chemical, biological, and nuclear weapons, 

22 and chemical, biological, and nuclear materials that 

23 can be used in the manufacture of such weapons. 
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1 TITLE II—ACCELERATION OF 

2 REMOVAL AND SECURITY OF 

3 FISSILE MATERIALS 

4 SEC. 201. ACCELERATION OF REMOVAL OR SECURITY OF 

5 FISSILE MATERIALS, RADIOLOGICAL MATE6 RIALS, AND RELATED EQUIPMENT AT VUL7 NERABLE SITES WORLDWIDE. 

8 (a) SENSE OF CONGRESS.—(1) It is the sense of Con9 gress that the security, including the rapid removal or se10 cure storage, of high-risk, proliferation-attractive fissile 

11 materials, radiological materials, and related equipment at 

12 vulnerable sites worldwide should be a top priority among 

13 the activities to achieve the national security of the United 

14 States. 

15 (2) It is the sense of Congress that the President may 

16 establish in the Department of Energy a task force to be 

17 known as the Task Force on Nuclear Materials to carry 

18 out the program authorized by subsection (b). 

19 (b) PROGRAM AUTHORIZED.—The Secretary of En20 ergy may carry out a program to undertake an acceler21 ated, comprehensive worldwide effort to mitigate the 

22 threats posed by high-risk, proliferation-attractive fissile 

23 materials, radiological materials, and related equipment 

24 located at sites potentially vulnerable to theft or diversion. 
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1 (c) PROGRAM ELEMENTS.—(1) Activities under the 

2 program under subsection (b) may include the following: 

3 (A) Accelerated efforts to secure, remove, or 

4 eliminate proliferation-attractive fissile materials or 

5 radiological materials in research reactors, other re6 actors, and other facilities worldwide. 

7 (B) Arrangements for the secure shipment of 

8 proliferation-attractive fissile materials, radiological 

9 materials, and related equipment to other countries 

10 willing to accept such materials and equipment, or 

11 to the United States if such countries cannot be 

12 identified, and the provision of secure storage or dis13 position of such materials and equipment following 

14 shipment. 

15 (C) The transportation of proliferation-attrac16 tive fissile materials, radiological materials, and re17 lated equipment from sites identified as proliferation 

18 risks to secure facilities in other countries or in the 

19 United States. 

20 (D) The processing and packaging of prolifera21 tion-attractive fissile materials, radiological mate22 rials, and related equipment in accordance with re23 quired standards for transport, storage, and disposi24 tion. 
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1 (E) The provision of interim security upgrades 

2 for vulnerable, proliferation-attractive fissile mate3 rials and radiological materials and related equip4 ment pending their removal from their current sites. 

5 (F) The utilization of funds to upgrade security 

6 and accounting at sites where proliferation-attractive 

7 fissile materials or radiological materials will remain 

8 for an extended period of time in order to ensure 

9 that such materials are secure against plausible po10 tential threats and will remain so in the future. 

11 (G) The management of proliferation-attractive 

12 fissile materials, radiological materials, and related 

13 equipment at secure facilities. 

14 (H) Actions to ensure that security, including 

15 security upgrades at sites and facilities for the stor16 age or disposition of proliferation-attractive fissile 

17 materials, radiological materials, and related equip18 ment, continues to function as intended. 

19 (I) The provision of technical support to the 

20 International Atomic Energy Agency (IAEA), other 

21 countries, and other entities to facilitate removal of, 

22 and security upgrades to facilities that contain, pro23 liferation-attractive fissile materials, radiological ma24 terials, and related equipment worldwide. 
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1 (J) The development of alternative fuels and ir2 radiation targets based on low-enriched uranium to 

3 convert research or other reactors fueled by highly4 enriched uranium to such alternative fuels, as well 

5 as the conversion of reactors and irradiation targets 

6 employing highly-enriched uranium to employment 

7 of such alternative fuels and targets. 

8 (K) Accelerated actions for the blend down of 

9 highly-enriched uranium to low-enriched uranium. 

10 (L) The provision of assistance in the closure 

11 and decommissioning of sites identified as presenting 

12 risks of proliferation of proliferation-attractive fissile 

13 materials, radiological materials, and related equip14 ment. 

15 (M) Programs to— 

16 (i) assist in the placement of employees 

17 displaced as a result of actions pursuant to the 

18 program in enterprises not representing a pro19 liferation threat; and 

20 (ii) convert sites identified as presenting 

21 risks of proliferation regarding proliferation-at22 tractive fissile materials, radiological materials, 

23 and related equipment to purposes not rep24 resenting a proliferation threat to the extent 

25 necessary to eliminate the proliferation threat. 
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1 (2) The Secretary of Energy shall, in coordination 

2 with the Secretary of State, carry out the program in con3 sultation with, and with the assistance of, appropriate de4 partments, agencies, and other entities of the United 

5 States Government. 

6 (3) The Secretary of Energy shall, with the concur7 rence of the Secretary of State, carry out activities under 

8 the program in collaboration with such foreign govern9 ments, non-governmental organizations, and other inter10 national entities as the Secretary of Energy considers ap11 propriate for the program. 

12 (d) REPORTS.—(1) Not later than March 15, 2005, 

13 the Secretary of Energy shall submit to Congress a classi14 fied interim report on the program under subsection (b). 

15 (2) Not later than January 1, 2006, the Secretary 

16 shall submit to Congress a classified final report on the 

17 program under subsection (b) that includes the following: 

18 (A) A survey by the Secretary of the facilities 

19 and sites worldwide that contain proliferation-attrac20 tive fissile materials, radiological materials, or re21 lated equipment. 

22 (B) A list of sites determined by the Secretary 

23 to be of the highest priority, taking into account risk 

24 of theft from such sites, for removal or security of 

25 proliferation-attractive fissile materials, radiological 
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1 materials, or related equipment, organized by level of 

2 priority. 

3 (C) A plan, including activities under the pro4 gram under this section, for the removal, security, or 

5 both of proliferation-attractive fissile materials, radi6 ological materials, or related equipment at vulner7 able facilities and sites worldwide, including measur8 able milestones, metrics, and estimated costs for the 

9 implementation of the plan. 

10 (3) A summary of each report under this subsection 

11 shall also be submitted to Congress in unclassified form. 

12 (e) FUNDING.— 

13 (1) IN GENERAL.—Amounts authorized to be 

14 appropriated to the Secretary of Energy for defense 

15 nuclear nonproliferation activities shall be available 

16 for purposes of the program under this section. 

17 (2) ADDITIONAL FUNDING.—(A) It is the sense 

18 of Congress that the Secretary of Energy should use 

19 funds for the program under this section in addition 

20 to the funds made available under paragraph (1). 

21 (B) Not later than 60 days after the date of en22 actment of this Act, the Secretary of Energy should 

23 submit a supplemental budget request to Congress 

24 for fiscal year 2005 outlining additional funds need-
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1 ed to address the program elements set forth in sub2 section (c). 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘fissile materials’’ means pluto5 nium, highly-enriched uranium, or other material ca6 pable of sustaining an explosive nuclear chain reac7 tion, including irradiated items containing such ma8 terials if the radiation field from such items is not 

9 sufficient to prevent the theft or misuse of such 

10 items. 

11 (2) The term ‘‘radiological materials’’ includes 

12 Americium-241, Californium-252, Cesium-137, Co13 balt-60, Iridium-192, Plutonium-238, Radium-226 

14 and Strontium-90, Curium-244, Strontium-90, and 

15 irradiated items containing such materials, or other 

16 materials designated by the Secretary of Energy for 

17 purposes of this paragraph. 

18 (3) The term ‘‘related equipment’’ includes 

19 equipment useful for enrichment of uranium in the 

20 isotope 235 and for extraction of fissile materials 

21 from irradiated fuel rods and other equipment des22 ignated by the Secretary of Energy for purposes of 

23 this section. 
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1 (4) The term ‘‘highly-enriched uranium’’ means 

2 uranium enriched to or above 20 percent in isotope 

3 235. 

4 (5) The term ‘‘low-enriched uranium’’ means 

5 uranium enriched below 20 percent in isotope 235. 

6 (6) The term ‘‘proliferation-attractive’’, in the 

7 case of fissile materials and radiological materials, 

8 means quantities and types of such materials that 

9 are determined by the Secretary of Energy to 

10 present a significant risk to the national security of 

11 the United States if diverted to a use relating to 

12 proliferation. 

13 TITLE III—EXPANSION OF PRO14 LIFERATION SECURITY INI15 TIATIVE 

16 SEC. 301. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) the President should strive to expand and 

19 strengthen the Proliferation Security Initiative an20 nounced by the President on May 31, 2003, placing 

21 particular emphasis on including countries outside of 

22 NATO; and 

23 (2) the United States should engage the United 

24 Nations to develop a Security Council Resolution to 

25 authorize the Proliferation Security Initiative under 
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1 international law, including by providing legal au2 thority to stop shipments of weapons of mass de3 struction, their delivery systems, and related mate4 rials. 

5 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated for fiscal 

7 year 2005, $50,000,000 to conduct joint training exercises 

8 regarding interdiction of weapons of mass destruction 

9 under the Proliferation Security Initiative. Particular em10 phasis should be given to allocating money from this 

11 total— 

12 (1) to invite other countries that do not partici13 pate in the Proliferation Security Initiative to ob14 serve the joint training exercises; and 

15 (2) to conduct training exercises with countries 

16 that openly join the Proliferation Security Initiative 

17 after the date of enactment of this Act. 

18 TITLE IV—COOPERATIVE 

19 THREAT REDUCTION PROGRAMS 

20 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated for Coopera22 tive Threat Reduction programs not less than— 

23 (1) $450,000,000 for fiscal year 2005; 

24 (2) $500,000,000 for fiscal year 2006; 

25 (3) $550,000,000 for fiscal year 2007; 
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1 (4) $600,000,000 for fiscal year 2008; 

2 (5) $650,000,000 for fiscal year 2009; and 

3 (6) $700,000,000 for fiscal year 2010. 

4 SEC. 402. PERMANENT WAIVER AUTHORITY FOR CHEMICAL 

5 WEAPONS DESTRUCTION FACILITY IN RUS6 SIA. 

7 Section 1305 of the National Defense Authorization 

8 Act for Fiscal Year 2000 shall not apply to the obligation 

9 and expenditure of funds during a fiscal year for the plan10 ning, design, or construction of a chemical weapons de11 struction facility in the Russian Federation if the Presi12 dent submits to Congress a written certification with re13 spect to that fiscal year that includes— 

14 (1) a statement as to why the waiver of the 

15 conditions during the fiscal year covered by such 

16 certification is consistent with the national security 

17 interests of the United States; and 

18 (2) a plan to promote a full and accurate disclo19 sure by the Russian Federation regarding the size, 

20 content, status, and location of its chemical weapons 

21 stockpile. 
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1 SEC. 403. REMOVAL OF FUNDING LIMITATION ON ACTIVI2 TIES OUTSIDE THE FORMER SOVIET UNION. 

3 Section 1308(c) in the National Defense Authoriza4 tion Act for Fiscal Year 2004 (Public Law 108–135; 22 

5 U.S.C. 5963(c)) is repealed. 

6 SEC. 404. LIABILITY REPORT. 

7 Not later than April 1, 2005, and every 6 months 

8 thereafter, the President shall submit to Congress a report 

9 identifying liability concerns regarding, and impediments 

10 to, the renegotiation of the Cooperative Threat Reduction 

11 umbrella agreement and ongoing negotiations for the im12 plementation of the Plutonium Disposition, Nuclear Cit13 ies, and other cooperative nonproliferation programs. The 

14 report shall also outline a plan to address and resolve such 

15 concerns and impediments. 

16 SEC. 405. DEFINITION. 

17 In this title, the term ‘‘Cooperative Threat Reduction 

18 programs’’ means the programs specified in section 

19 1501(b) of the National Defense Authorization Act for 

20 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 

21 50 U.S.C. 2362 note). 

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