I 
109TH CONGRESS 
1ST SESSION 
H. R. 422 
To provide for counterproliferation measures. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘The 9–11 Commission 
Combating Proliferation Implementation Act’’.
TITLE 
I—OFFICE 
FOR 
COM-
BATING THE PROLIFERATION 
OF WEAPONS OF MASS DE-
STRUCTION 
SEC. 101. OFFICE FOR COMBATING THE PROLIFERATION 
OF WEAPONS OF MASS DESTRUCTION. 
(a) ESTABLISHMENT.—There is established within 
the Executive Office of the President an office to be known 
as the ‘‘Office for Combating the Proliferation of Weapons 
of Mass Destruction’’ (in this title referred to as the ‘‘Of-
fice’’). 
(b) OFFICERS.—(1) The head of the Office shall be 
the Director of the Office. 
(2) There shall be a Deputy Director of the Office, 
who shall— 
(A) assist the Director in carrying out the re-
sponsibilities of the Director under this title; and 
(B) serve as Acting Director in the absence of 
the Director and during any vacancy in the office of 
Director. 
(3) The Director and Deputy Director— 
(A) shall be appointed by the President, by and 
with the advice and consent of the Senate; and 
(B) shall serve at the pleasure of the President.
(4) No person shall serve as Director or Deputy Di-
rector while serving in any other position in the Federal 
Government. 
(c) RESPONSIBILITIES.—Subject to the direction and 
control of the President, the responsibilities of the Direc-
tor shall include the following: 
(1) To develop policies, goals, objectives, and 
priorities for the United States for preventing the 
proliferation of weapons of mass destruction. 
(2) To serve as the principal advisor to the 
President with respect to those policies, goals, objec-
tives, and priorities. 
(3) To develop a comprehensive strategy for the 
United States for the prevention of the proliferation 
of weapons of mass destruction, to be known as the 
‘‘Strategy for Combating the Proliferation of Weap-
ons of Mass Destruction’’ (in this title referred to as 
the ‘‘Strategy’’). 
(4) To coordinate, oversee, and evaluate the im-
plementation and execution of the Strategy by the 
agencies of the Federal Government with respon-
sibilities for preventing the proliferation of weapons 
of mass destruction. 
(5) To direct the development of comprehensive 
annual budgets submitted under section 1105(a) of
title 31, United States Code, for the programs and 
activities under the Strategy. 
(6) To certify to the President, prior to the sub-
mission to Congress of each annual budget under 
that section, whether the budget for each element of 
preventing the proliferation of weapons of mass de-
struction is consistent with and adequate for car-
rying out the Strategy. 
(7) To carry out any other responsibilities relat-
ing to development, coordination, funding, and im-
plementation of United States policy on the preven-
tion of the proliferation of weapons of mass destruc-
tion that the President considers appropriate. 
(d) AUTHORITIES OF THE DIRECTOR.—In carrying 
out subsection (c), the Director shall have authority to— 
(1) develop and present to the President annual 
unified budgets for the prevention of the prolifera-
tion of weapons of mass destruction, including the 
authorities to— 
(A) provide guidance on the development 
of annual budgets for each element of the pre-
vention of the proliferation of weapons of mass 
destruction; 
(B) direct, coordinate, and modify the an-
nual budgets of the elements of the prevention
of the proliferation of weapons of mass destruc-
tion, in consultation with the heads of those ele-
ments; and 
(C) approve the budget of each element of 
the prevention of the proliferation of weapons of 
mass destruction before that budget may be 
provided to the President for transmission to 
the Congress; 
(2) transfer between accounts and agencies 
funds appropriated and associated resources avail-
able for the prevention of the proliferation of weap-
ons of mass destruction and detail personnel when 
the Director makes a determination that doing so is 
necessary in order to— 
(A) respond to an emergent risk of pro-
liferation; 
(B) eliminate duplication of effort; or 
(C) significantly increase programmatic ef-
ficiency; 
(3) select, appoint, employ, and fix compensa-
tion of such officers and employees of the Office as 
may be necessary to carry out the functions of the 
Office; 
(4) subject to subsection (e)(3), request the 
head of a department or agency, or program of the
Federal Government to place department, agency, or 
program personnel who are engaged in activities in-
volving the prevention of the proliferation of weap-
ons of mass destruction on temporary detail to an-
other department, agency, or program in order to 
implement the Strategy, and the head of the depart-
ment or agency shall comply with such a request; 
(5) use for administrative purposes, on a reim-
bursable basis, the available services, equipment, 
personnel, and facilities of Federal agencies; 
(6) procure the services of experts and consult-
ants in accordance with section 3109 of title 5, 
United States Code, relating to appointments in the 
Federal Service, at rates of compensation for indi-
viduals not to exceed the daily equivalent of the rate 
of pay payable under level IV of the Executive 
Schedule under section 5311 of that title; 
(7) use the mails in the same manner as any 
other department or agency of the executive branch; 
and 
(8) monitor implementation of the Strategy, in-
cluding— 
(A) conducting program and performance 
audits and evaluations; and
(B) requesting assistance from the Inspec-
tor General of the relevant agency in such au-
dits and evaluations. 
(e) PERSONNEL DETAILED TO OFFICE.—(1) Not-
withstanding any provision of chapter 43 of title 5, United 
States Code, the Director shall perform the evaluation of 
the performance of any employee detailed to the Office for 
purposes of the applicable performance appraisal system 
established under that chapter for any rating period, or 
part thereof, that the employee is detailed to the Office. 
(2)(A) Notwithstanding any other provision of law, 
the Director may provide periodic bonus payments to any 
employee detailed to the Office. 
(B) An amount paid under this paragraph to an em-
ployee for any period— 
(i) shall not be greater than 20 percent of the 
basic pay paid or payable to such employee for such 
period; and 
(ii) shall be in addition to the basic pay of such 
employee. 
(C) The aggregate amount paid during any fiscal 
year to an employee detailed to the Office as basic pay, 
awards, bonuses, and other compensation shall not exceed 
the annual rate payable at the end of such fiscal year for 
positions at level III of the Executive Schedule.
(3) The maximum number of personnel who may be 
detailed to another department or agency (including the 
office) under subsection (d)(1) during any fiscal year is— 
(A) for the Department of Defense, 5; 
(B) for the Department of Energy, 5; 
(C) for the Department of State, 5; and 
(D) for any other department or agency, 2. 
(4) A transfer or detail under paragraph (1)(A) shall 
expire on the last day of the fiscal year after the fiscal 
year in which it is ordered by the Director unless extended 
by law or by an official having authority to extend it fur-
ther. 
(f) REPORT ON STRATEGIC PLAN.—(1) Not later 
than June 1, 2005, the Director shall submit to Congress 
the Strategy developed under subsection (c)(3), together 
with any recommendations of the Director for legislative 
changes that the Director considers appropriate with re-
spect to either the Strategy and its implementation or the 
Office. 
(2) Not later than December 31 of each year after 
2004, the Director shall submit to the Congress an up-
dated Strategy and any such recommendations. 
(g) GLOBAL COALITION.—(1) The Director shall de-
velop the Strategy and, in consultation with the Secretary 
of State, carry out the programs for which the Director
is responsible in coordination with appropriate officials of 
the foreign governments concerned. 
(2) In consultation with the Secretary of State, the 
Director shall seek to develop and provide leadership for 
a coalition of United States and foreign governments com-
mitted to achieving the prevention of the proliferation of 
weapons of mass destruction through programs similar to 
those specified in section 103. 
(h) OVERSIGHT BY CONGRESS.—The location of the 
Office in the Executive Office of the President shall not 
be construed as affecting access by Congress, or any com-
mittee of Congress, to— 
(1) any information, document, record, or paper 
in the possession of the Office or any study con-
ducted by or at the direction of the Director; or 
(2) any personnel of the Office, including the 
Director. 
(i) PAY OF DIRECTOR AND OF DEPUTY DIRECTOR.— 
Chapter 53 of title 5, United States Code, is amended— 
(1) in section 5312, by inserting after the item 
relating to the Chairman, Board of Governors of the 
Federal Reserve System the following new item: 
‘‘Director of the Office for Combating the 
Proliferation of Weapons of Mass Destruc-
tion.’’.
(2) in section 5313, by inserting after the item 
relating to the Under Secretary for Transportation 
the following new item: 
‘‘Deputy Director of the Office for Com-
bating the Proliferation of Weapons of Mass 
Destruction.’’. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There all 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 102. REQUEST FOR CORRESPONDING RUSSIAN DIREC-
TOR. 
It is the sense of the Congress that, as soon as prac-
tical, the President should personally request the Presi-
dent of the Russian Federation to designate an official of 
the Russian Federation having authorities and responsibil-
ities for the prevention of the proliferation of weapons of 
mass destruction commensurate with those of the Director 
and with whom the Director should coordinate with re-
spect to the planning and implementation in the Russian 
Federation of activities having the purpose of securing 
weapons of mass destruction. 
SEC. 103. SCOPE. 
In this title:
(1) The term ‘‘prevention of the proliferation of 
weapons of mass destruction’’ includes activities 
under— 
(A) the programs specified in section 
1501(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 
110 Stat. 2731; 50 U.S.C. 2362 note); 
(B) the programs for which appropriations 
are authorized by section 3101(a)(2) of the Bob 
Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2458); 
(C) programs authorized by section 504 of 
the Freedom for Russia and Emerging Eur-
asian Democracies and Open Markets Support 
Act of 1992 (the FREEDOM Support Act) (22 
U.S.C. 5354) and programs authorized by sec-
tion 1412 of the Former Soviet Union Demili-
tarization Act of 1992 (22 U.S.C. 5902); and 
(D) a program of any agency of the Fed-
eral Government having a purpose similar to 
that of any of the programs identified in sub-
paragraphs (A) through (C), as designated by 
the Director and the head of the agency.
(2) The term ‘‘weapons of mass destruction’’ 
means chemical, biological, and nuclear weapons, 
and chemical, biological, and nuclear materials that 
can be used in the manufacture of such weapons. 
TITLE II—GLOBAL CLEANOUT 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated to the 
Secretary of Energy to carry out the program under sec-
tion 3132 of the Ronald W. Reagan National Defense Au-
thorization Act for fiscal year 2005 (Public Law 108–375) 
$100,000,000 for each fiscal year. 
TITLE III—EXPANSION OF PRO-
LIFERATION 
SECURITY 
INI-
TIATIVE 
SEC. 301. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the President should strive to expand and 
strengthen the Proliferation Security Initiative an-
nounced by the President on May 31, 2003, placing 
particular emphasis on including countries outside of 
NATO; and 
(2) the United States should engage the United 
Nations to develop a Security Council Resolution to 
authorize the Proliferation Security Initiative under
international law, including by providing legal au-
thority to stop shipments of weapons of mass de-
struction, their delivery systems, and related mate-
rials. 
SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2005, $50,000,000 to conduct joint training exercises 
regarding interdiction of weapons of mass destruction 
under the Proliferation Security Initiative. Particular em-
phasis should be given to allocating money from this 
total— 
(1) to invite other countries that do not partici-
pate in the Proliferation Security Initiative to ob-
serve the joint training exercises; and 
(2) to conduct training exercises with countries 
that openly join the Proliferation Security Initiative 
after the date of enactment of this Act. 
TITLE IV—COOPERATIVE 
THREAT REDUCTION PROGRAMS 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for Coopera-
tive Threat Reduction programs not less than— 
(1) $500,000,000 for fiscal year 2006; 
(2) $550,000,000 for fiscal year 2007; 
(3) $600,000,000 for fiscal year 2008;
(4) $650,000,000 for fiscal year 2009; and 
(5) $700,000,000 for fiscal year 2010. 
SEC. 402. PERMANENT WAIVER AUTHORITY FOR CHEMICAL 
WEAPONS DESTRUCTION FACILITY IN RUS-
SIA. 
Section 1305 of the National Defense Authorization 
Act for Fiscal Year 2000 shall not apply to the obligation 
and expenditure of funds during a fiscal year for the plan-
ning, design, or construction of a chemical weapons de-
struction facility in the Russian Federation if the Presi-
dent submits to Congress a written certification with re-
spect to that fiscal year that includes— 
(1) a statement as to why the waiver of the 
conditions during the fiscal year covered by such 
certification is consistent with the national security 
interests of the United States; and 
(2) a plan to promote a full and accurate disclo-
sure by the Russian Federation regarding the size, 
content, status, and location of its chemical weapons 
stockpile. 
SEC. 403. REMOVAL OF FUNDING LIMITATION ON ACTIVI-
TIES OUTSIDE THE FORMER SOVIET UNION. 
Section 1308(c) in the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–135; 22 
U.S.C. 5963(c)) is repealed.
SEC. 404. LIABILITY REPORT. 
Not later than April 1, 2006, and every 6 months 
thereafter, the President shall submit to Congress a report 
identifying liability concerns regarding, and impediments 
to, the renegotiation of the Cooperative Threat Reduction 
umbrella agreement and ongoing negotiations for the im-
plementation of the Plutonium Disposition, Nuclear Cit-
ies, and other cooperative nonproliferation programs. The 
report shall also outline a plan to address and resolve such 
concerns and impediments. 
SEC. 405. DEFINITION. 
In this title, the term ‘‘Cooperative Threat Reduction 
programs’’ means the programs specified in section 
1501(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 
50 U.S.C. 2362 note). 
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