179
TITLE XI—PRIVATE SECTOR 
PREPAREDNESS 
SEC. 1101. PARTICIPATION OF PRIVATE SECTOR ORGANIZA-
TIONS IN EMERGENCY PREPAREDNESS AND 
RESPONSE ACTIVITIES. 
(a) ESTABLISHMENT
OF
PREPAREDNESS
PRO-
GRAM.—Section 519 of the Homeland Security Act of 
2002 (6 U.S.C. 318) is amended—
(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 519. PARTICIPATION OF PRIVATE SECTOR ORGANIZA-
TIONS IN EMERGENCY PREPAREDNESS AND 
RESPONSE ACTIVITIES.’’; 
(2) by inserting ‘‘(a) USE OF PRIVATE SECTOR 
NETWORKS
IN EMERGENCY RESPONSE.—’’ before 
‘‘To the maximum’’; and 
(3) by adding at the end the following: 
‘‘(b) PRIVATE SECTOR EMERGENCY PREPAREDNESS 
PROGRAM.—
‘‘(1) PREPAREDNESS
PROGRAM.—Not later 
than 90 days after the date of enactment of this 
subsection, the Secretary shall develop and imple-
ment a program to enhance private sector prepared-
ness for acts of terrorism and other emergencies and
180
disasters through the promotion of the use of vol-
untary consensus standards. 
‘‘(2) PROGRAM
ELEMENTS.—In carrying out 
the program, the Secretary shall develop guidance 
and identify best practices to assist or foster action 
by the private sector in—
‘‘(A) identifying hazards and assessing 
risks and impacts; 
‘‘(B) mitigating the impacts of a wide vari-
ety of hazards, including weapons of mass de-
struction; 
‘‘(C) managing necessary emergency pre-
paredness and response resources; 
‘‘(D) developing mutual aid agreements; 
‘‘(E) developing and maintaining emer-
gency preparedness and response plans, as well 
as associated operational procedures; 
‘‘(F) developing and conducting training 
and exercises to support and evaluate emer-
gency preparedness and response plans and 
operational procedures; 
‘‘(G) developing and conducting training 
programs for security guards to implement 
emergency preparedness and response plans 
and operations procedures; and
181
‘‘(H) developing procedures to respond to 
external requests for information from the 
media and the public. 
‘‘(3) STANDARDS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
support the development of, promulgate, and 
regularly update as necessary national vol-
untary consensus standards for private sector 
emergency preparedness that will enable private 
sector organizations to achieve optimal levels of 
emergency preparedness as soon as practicable. 
Such standards shall include the National Fire 
Protection Association 1600 Standard on Dis-
aster/Emergency Management and Business 
Continuity Programs. 
‘‘(B) 
CONSULTATION.—The 
Secretary 
shall carry out paragraph (1) in consultation 
with the Assistant Secretary for Infrastructure 
Protection, the Assistant Secretary for Cyber 
Security and Communications, the Under Sec-
retary for Science and Technology, the Director 
of the Federal Emergency Management Agency, 
and the Special Assistant to the Secretary for 
the Private Sector.
182
‘‘(4) COORDINATION.—The Secretary shall co-
ordinate the program with, and utilize to the max-
imum extent practicable—
‘‘(A) the voluntary standards for disaster 
and emergency management and business con-
tinuity programs accredited by the American 
National Standards Institute and developed by 
the National Fire Protection Association; and 
‘‘(B) any existing private sector emergency 
preparedness guidance or best practices devel-
oped by private sector industry associations or 
other organizations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) of such Act is amended 
by striking the item relating to section 519 and inserting 
the following:
‘‘Sec. 519. Participation of private sector organizations in emergency prepared-
ness and response activities.’’.
TITLE XII—PREVENTING WEAP-
ONS OF MASS DESTRUCTION 
PROLIFERATION 
AND 
TER-
RORISM 
SEC. 1201. FINDINGS. 
(a) FINDINGS OF THE 9/11 COMMISSION.—Congress 
finds that the 9/11 Commission made the following deter-
minations:
183
(1) The United States Government has made 
insufficient progress, and receives a grade ‘‘D’’, on 
efforts to prevent weapons of mass destruction 
(WMD) proliferation and terrorism. 
(2) The Cooperative Threat Reduction (CTR) 
program has made significant accomplishments, but 
much remains to be done to secure weapons-grade 
nuclear materials. The size of the problem still 
dwarfs the policy response. Nuclear materials in the 
former Soviet Union still lack effective security pro-
tection, and sites throughout the world contain 
enough highly-enriched uranium to fashion a nuclear 
device but lack even basic security features. 
(3) Preventing the proliferation of WMD and 
acquisition of such weapons by terrorists warrants a 
maximum effort, by strengthening counter-prolifera-
tion efforts, expanding the Proliferation Security 
Initiative (PSI), and supporting the Cooperative 
Threat Reduction (CTR) Program. 
(4) Preventing terrorists from gaining access to 
WMD must be an urgent national security priority 
because of the threat such access poses to the Amer-
ican people. The President should develop a com-
prehensive plan to dramatically accelerate the time-
table for securing all nuclear weapons-usable mate-
184
rial around the world and request the necessary re-
sources to complete this task. The President should 
publicly state this goal and ensure its fulfillment. 
(5) Congress should provide the resources need-
ed to secure vulnerable materials as quickly as pos-
sible. 
(b) RECOMMENDATIONS
OF 9/11 COMMISSION.—
Congress further finds that the 9/11 Commission has 
made the following recommendations: 
(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ 
EFFORTS.—The United States should work with the 
international community to develop laws and an 
international legal regime with universal jurisdiction 
to enable any state in the world to capture, interdict, 
and prosecute smugglers of nuclear material. 
(2) EXPAND
THE
PROLIFERATION
SECURITY 
INITIATIVE.—In carrying out the Proliferation Secu-
rity Initiative (PSI), the United States should—
(A) use intelligence and planning resources 
of the North Atlantic Treaty Organization 
(NATO) alliance; 
(B) make participation open to non-NATO 
countries; and 
(C) encourage Russia and the People’s Re-
public of China to participate.
185
(3) SUPPORT THE COOPERATIVE THREAT RE-
DUCTION PROGRAM.—The United States should ex-
pand, improve, increase resources for, and otherwise 
fully support the Cooperative Threat Reduction 
(CTR) program. 
SEC. 1202. DEFINITIONS. 
In this title: 
(1) The terms ‘‘prevention of weapons of mass 
destruction proliferation and terrorism’’ and ‘‘pre-
vention of WMD proliferation and terrorism’’ in-
clude 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. 5854) and programs authorized by sec-
186
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 United States Coordinator for the Preven-
tion of Weapons of Mass Destruction Prolifera-
tion and Terrorism and the head of the agency. 
(2) The terms ‘‘weapons of mass destruction’’ 
and ‘‘WMD’’ mean chemical, biological, and nuclear 
weapons, and chemical, biological, and nuclear mate-
rials that can be used in the manufacture of such 
weapons. 
(3) The term ‘‘items of proliferation concern’’ 
means equipment or other materials that could be 
used to develop WMD or for activities involving 
WMD.
187
Subtitle A—Repeal and Modifica-
tion of Limitations on Assist-
ance for Prevention of WMD 
Proliferation and Terrorism 
SEC. 1211. REPEAL AND MODIFICATION OF LIMITATIONS 
ON ASSISTANCE FOR PREVENTION OF WEAP-
ONS OF MASS DESTRUCTION PROLIFERATION 
AND TERRORISM. 
Consistent with the recommendations of the 9/11 
Commission, Congress repeals or modifies the limitations 
on assistance for prevention of weapons of mass destruc-
tion (WMD) proliferation and terrorism as follows: 
(1) SOVIET NUCLEAR THREAT REDUCTION ACT 
OF
1991.—Section 211(b) of the Soviet Nuclear 
Threat Reduction Act of 1991 (title II of Public 
Law 102–228; 22 U.S.C. 2551 note) is repealed. 
(2) COOPERATIVE THREAT REDUCTION ACT OF 
1993.—Section 1203(d) of the Cooperative Threat 
Reduction Act of 1993 (title XII of Public Law 
103–160; 22 U.S.C. 5952(d)) is repealed. 
(3) RUSSIAN
CHEMICAL
WEAPONS
DESTRUC-
TION FACILITIES.—Section 1305 of the National De-
fense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 22 U.S.C. 5952 note) is repealed.
188
(4) AUTHORITY TO USE COOPERATIVE THREAT 
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET 
UNION—MODIFICATION
OF
CERTIFICATION
RE-
QUIREMENT; 
REPEAL
OF
FUNDING
LIMITATION; 
CONGRESSIONAL
NOTICE
REQUIREMENT.—Section 
1308 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 
5963) is amended—
(A) in subsection (a)—
(i) by striking ‘‘the President may’’ 
and inserting ‘‘the Secretary of Defense 
may’’; and 
(ii) by striking ‘‘if the President’’ and 
inserting ‘‘if the Secretary of Defense, with 
the concurrence of the Secretary of 
State,’’; 
(B) by striking subsection (c); 
(C) in subsection (d)(1)—
(i) by striking ‘‘The President may 
not’’ and inserting ‘‘The Secretary of De-
fense may not’’; and 
(ii) by striking ‘‘until the President’’ 
and inserting ‘‘until the Secretary of De-
fense’’; 
(D) in subsection (d)(2)—
189
(i) by striking ‘‘Not later than 10 
days after’’ and inserting ‘‘Not later than 
15 days prior to’’; 
(ii) by striking ‘‘the President shall’’ 
and inserting ‘‘the Secretary of Defense 
shall’’; and 
(iii) by striking ‘‘Congress’’ and in-
serting ‘‘the Committee on Armed Services 
and the Committee on Foreign Affairs of 
the House of Representatives and the 
Committee on Armed Services and Com-
mittee on Foreign Relations of the Sen-
ate’’; and 
(E) in subsection (d) by adding at the end 
the following: 
‘‘(3) In the case of a situation that threatens human 
life or safety or where a delay would severely undermine 
the national security of the United States, notification 
under paragraph (2) shall be made not later than 10 days 
after obligating funds under the authority in subsection 
(a) for a project or activity.’’. 
(5) AUTHORITY TO USE INTERNATIONAL NU-
CLEAR MATERIALS PROTECTION AND COOPERATION 
PROGRAM
FUNDS
OUTSIDE
THE
FORMER
SOVIET 
UNION—MODIFICATION
OF
CERTIFICATION
RE-
190
QUIREMENT; 
REPEAL
OF
FUNDING
LIMITATION; 
CONGRESSIONAL
NOTICE
REQUIREMENT.—Section 
3124 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1747) is amended—
(A) in subsection (a)—
(i) by striking ‘‘the President may’’ 
and inserting ‘‘the Secretary of Energy 
may’’; and 
(ii) by striking ‘‘if the President’’ and 
inserting ‘‘if the Secretary of Energy, with 
the concurrence of the Secretary of 
State,’’; 
(B) by striking subsection (c); 
(C) in subsection (d)(1)—
(i) by striking ‘‘The President may 
not’’ and inserting ‘‘The Secretary of En-
ergy may not’’; and 
(ii) by striking ‘‘until the President’’ 
and inserting ‘‘until the Secretary of En-
ergy’’; 
(D) in subsection (d)(2)—
(i) by striking ‘‘Not later than 10 
days after’’ and inserting ‘‘Not later than 
15 days prior to’’;
191
(ii) by striking ‘‘the President shall’’ 
and inserting ‘‘the Secretary of Energy 
shall’’; and 
(iii) by striking ‘‘Congress’’ and in-
serting ‘‘the Committee on Armed Services 
and the Committee on Foreign Affairs of 
the House of Representatives and the 
Committee on Armed Services and Com-
mittee on Foreign Relations of the Sen-
ate’’; and 
(E) in subsection (d) by adding at the end 
the following: 
‘‘(3) In the case of a situation that threatens human 
life or safety or where a delay would severely undermine 
the national security of the United States, notification 
under paragraph (2) shall be made not later than 10 days 
after obligating funds under the authority in subsection 
(a) for a project or activity.’’. 
Subtitle B—Proliferation Security 
Initiative 
SEC. 1221. PROLIFERATION SECURITY INITIATIVE IM-
PROVEMENTS AND AUTHORITIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress, consistent with the 9/11 Commission’s rec-
ommendations, that the President should strive to expand
192
and strengthen the Proliferation Security Initiative (PSI) 
announced by the President on May 31, 2003, with a par-
ticular emphasis on the following: 
(1) Issuing a presidential directive to the rel-
evant government agencies and departments that es-
tablishes a defined annual budget and clear authori-
ties, and provides other necessary resources and 
structures to achieve more efficient and effective 
performance of United States PSI-related activities. 
(2) Working with the United Nations Security 
Council to develop a resolution to authorize the PSI 
under international law. 
(3) Increasing PSI cooperation with non-NATO 
partners. 
(4) Implementing the recommendations of the 
Government Accountability Office (GAO) in the Sep-
tember 2006 report titled ‘‘Better Controls Needed 
to Plan and Manage Proliferation Security Initiative 
Activities’’ (GAO–06–937C), including the following: 
(A) The Department of Defense and the 
Department of State should establish clear PSI 
roles and responsibilities, policies and proce-
dures, interagency communication mechanisms, 
documentation requirements, and indicators to 
measure program results.
193
(B) The Department of Defense and the 
Department of State should develop a strategy 
to work with PSI-participating countries to re-
solve issues that are impediments to conducting 
successful PSI interdictions. 
(5) Expanding and formalizing the PSI into a 
multilateral regime to increase coordination, co-
operation, and compliance among its participating 
states in interdiction activities. 
(b) BUDGET SUBMISSION.—The Secretary of State 
and the Secretary of Defense shall submit a defined budg-
et for the PSI, beginning with the budget submissions for 
their respective departments for fiscal year 2009. 
(c) IMPLEMENTATION REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Presi-
dent shall transmit to the Committee on Armed Services 
and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate 
a report on the implementation of this section. The report 
shall include—
(1) the steps taken to implement the rec-
ommendations described in paragraph (4) of sub-
section (a); and
194
(2) the progress made toward implementing the 
matters described in paragraphs (1), (2), (3), and 
(5) of subsection (a). 
(d) GAO ANNUAL REPORT.—The Government Ac-
countability Office shall submit to Congress, beginning in 
fiscal year 2007, an annual report with its assessment of 
the progress and effectiveness of the PSI, which shall in-
clude an assessment of the measures referred to in sub-
section (a). 
SEC. 1222. AUTHORITY TO PROVIDE ASSISTANCE TO COOP-
ERATIVE COUNTRIES. 
(a) IN GENERAL.—The President is authorized to 
provide, on such terms as the President considers appro-
priate, assistance under subsection (b) to any country that 
cooperates with the United States and with other coun-
tries allied with the United States to prevent the transport 
and transshipment of items of proliferation concern in its 
national territory or airspace or in vessels under its control 
or registry. 
(b) TYPES OF ASSISTANCE.—The assistance author-
ized under subsection (a) consists of the following: 
(1) Assistance under section 23 of the Arms 
Export Control Act (22 U.S.C. 2763).
195
(2) Assistance under chapters 4 (22 U.S.C. 
2346 et seq.) and 5 (22 U.S.C. 2347 et seq.) of part 
II of the Foreign Assistance Act of 1961. 
(3) Drawdown of defense excess defense articles 
and services under section 516 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321j). 
(c) CONGRESSIONAL NOTIFICATION.—Assistance au-
thorized under this section may not be provided until at 
least 30 days after the date on which the President has 
provided notice thereof to the Committee on Armed Serv-
ices, the Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Representatives 
and the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations 
of the Senate, in accordance with the procedures applica-
ble to reprogramming notifications under section 634A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1(a)), and has certified to such committees that such as-
sistance will be used in accordance with the requirement 
of subsection (e) of this section. 
(d) LIMITATION.—Assistance may be provided to a 
country under section (a) in no more than three fiscal 
years. 
(e) USE OF ASSISTANCE.—Assistance provided under 
this section shall be used to enhance the capability of the
196
recipient country to prevent the transport and trans-
shipment of items of proliferation concern in its national 
territory or airspace, or in vessels under its control or reg-
istry, including through the development of a legal frame-
work in that country, consistent with any international 
laws or legal authorities governing the PSI, to enhance 
such capability by criminalizing proliferation, enacting 
strict export controls, and securing sensitive materials 
within its borders, and to enhance the ability of the recipi-
ent country to cooperate in operations conducted with 
other participating countries. 
(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS 
TO UNCOOPERATIVE COUNTRIES.—Notwithstanding any 
other provision of law, the United States may not transfer 
any excess defense article that is a vessel or an aircraft 
to a country that has not agreed that it will support and 
assist efforts by the United States to interdict items of 
proliferation concern until thirty days after the date on 
which the President has provided notice of the proposed 
transfer to the appropriate congressional committees in 
accordance with the procedures applicable to reprogram-
ming notifications under section 634A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1(a)), in addition 
to any other requirement of law.
197
Subtitle C—Assistance to Accel-
erate 
Programs 
to 
Prevent 
Weapons of Mass Destruction 
Proliferation and Terrorism 
SEC. 1231. FINDINGS; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress is aware that certain 
United States threat reduction and nonproliferation pro-
grams have in past years encountered obstacles to timely 
obligating and executing the full amount of appropriated 
funds, and that certain United States threat reduction and 
nonproliferation programs currently encounter such obsta-
cles and therefore maintain unobligated and uncosted bal-
ances. Such obstacles include lack of effective policy guid-
ance, limits on program scope, practical inefficiencies, lack 
of cooperation with other countries, and lack of effective 
leadership to overcome such obstacles. 
(b) STATEMENT OF POLICY.—It shall be the policy 
of the United States, consistent with the 9/11 Commis-
sion’s recommendations, to eliminate the obstacles de-
scribed in subsection (a) with concrete measures, such as 
those described in this title, to accelerate and strengthen 
progress on preventing weapons of mass destruction 
(WMD) proliferation and terrorism. Such measures de-
scribed in this title include the removal and modification 
of statutory limits to executing funds, the expansion and
198
strengthening of the PSI, the establishment of the Office 
of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism 
under subtitle D, and the establishment of the Commis-
sion on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism under subtitle E. As a result, 
Congress intends that any funds authorized to be appro-
priated to programs for preventing WMD proliferation 
and terrorism under this section will be executed in a time-
ly manner. 
SEC. 1232. AUTHORIZATION OF APPROPRIATIONS FOR THE 
DEPARTMENT OF DEFENSE COOPERATIVE 
THREAT REDUCTION PROGRAM. 
(a) FISCAL YEAR 2007.—In addition to any other 
amounts authorized to be appropriated, there are author-
ized to be appropriated to the Department of Defense Co-
operative Threat Reduction Program such sums as may 
be necessary for fiscal year 2007 for the following pur-
poses: 
(1) Biological weapons proliferation prevention. 
(2) 
Chemical 
weapons 
destruction 
at 
Shchuch’ye, Russia. 
(3) Acceleration, expansion, and strengthening 
of all CTR activities.
199
(b) FUTURE YEARS.—It is the sense of Congress that 
in fiscal year 2008 and future fiscal years, the President 
should accelerate and expand funding for Cooperative 
Threat Reduction programs administered by the Depart-
ment of Defense and such efforts should include, begin-
ning upon enactment of this Act, encouraging additional 
commitments by the Russian Federation and other part-
ner nations, as recommended by the 9/11 Commission. 
SEC. 1233. AUTHORIZATION OF APPROPRIATIONS FOR THE 
DEPARTMENT OF ENERGY PROGRAMS TO 
PREVENT WEAPONS OF MASS DESTRUCTION 
PROLIFERATION AND TERRORISM. 
In addition to any other amounts authorized to be 
appropriated, there are authorized to be appropriated to 
the Department of Energy National Nuclear Security Ad-
ministration such sums as may be necessary for fiscal year 
2007 for programs to prevent weapons of mass destruction 
(WMD) proliferation and terrorism, to be used as follows: 
(1) To accelerate, expand, and strengthen the 
Global Threat Reduction Initiative (GTRI), with a 
particular emphasis on—
(A) the Russian research reactor fuel re-
turn program; 
(B) international radiological threat reduc-
tion;
200
(C) emerging threats and gap material; 
and 
(D) development of quick response and 
short-term capabilities to secure and remove 
WMD materials throughout the world. 
(2) To accelerate, expand, and strengthen the 
Nonproliferation and International Security (NIS) 
program, with a particular emphasis on—
(A) global security and engagement, and 
cooperation with the People’s Republic of 
China, India, and other states; 
(B) activities to address emerging pro-
liferation concerns in North Korea, Iran, and 
elsewhere; 
(C) participation in negotiations regarding 
North Korea’s nuclear programs; 
(D) inter-agency participation in the Pro-
liferation Security Initiative (PSI); 
(E) technical and other assistance to the 
International Atomic Energy Agency (IAEA) to 
support efforts to increase the IAEA’s capacity 
to secure vulnerable WMD materials worldwide 
and prevent WMD proliferation and terrorism; 
(F) efforts to increase United States abil-
ity to help states around the world place the
201
‘‘effective controls’’ on WMD and related mate-
rials and technology mandated by United Na-
tions Security Council Resolution 1540 (2004); 
(G) cooperation on international safe-
guards and export controls in South Asia, the 
Middle East, and other regions; 
(H) efforts to strengthen United States 
commitments to international regimes and 
agreements; and 
(I) establishment of a contingency fund for 
opportunities to prevent WMD proliferation and 
terrorism that arise. 
(3) To accelerate, expand, and strengthen the 
International Materials Protection, Control and Ac-
counting (MPC&A) program, with a particular em-
phasis on—
(A) implementation of physical protection 
and material control and accounting upgrades 
at sites; 
(B) national programs and sustainability 
activities in Russia; 
(C) material consolidation and conversion 
(including significant acceleration of the down-
blending of highly-enriched uranium to low-en-
riched uranium, the removal of highly-enriched
202
uranium from facilities, and international par-
ticipation in these efforts); 
(D) efforts to strengthen cooperation with 
Russia; 
(E) implementation of Second Line of De-
fense Megaports agreements; 
(F) implementation of Department of En-
ergy actions under the Security and Account-
ability for Every Port Act of 2006 (also known 
as the SAFE Port Act; Public Law 109–347); 
and 
(G) promoting and facilitating worldwide 
the promulgation of best practices for security 
of weapons usable and other nuclear materials. 
(4) To accelerate, expand, and strengthen the 
Research and Development program, with a par-
ticular emphasis on—
(A) improvement of United States govern-
ment capability for both short and long-term, 
and innovative, research and development that 
addresses emerging WMD proliferation and ter-
rorism concerns and will maintain United 
States technological advantage, including the 
capacity to detect nuclear material origin, ura-
203
nium enrichment, and plutonium reprocessing; 
and 
(B) efforts to significantly expand the sci-
entific research and development skills and re-
sources available to the Department of Energy’s 
programs to prevent WMD proliferation and 
terrorism. 
Subtitle D—Office of the United 
States Coordinator for the Pre-
vention of Weapons of Mass De-
struction Proliferation and Ter-
rorism 
SEC. 1241. OFFICE OF THE UNITED STATES COORDINATOR 
FOR THE PREVENTION OF WEAPONS OF MASS 
DESTRUCTION PROLIFERATION AND TER-
RORISM. 
(a) ESTABLISHMENT.—There is established within 
the Executive Office of the President an office to be known 
as the ‘‘Office of the United States Coordinator for the 
Prevention of Weapons of Mass Destruction Proliferation 
and Terrorism’’ (in this subtitle referred to as the ‘‘Of-
fice’’). 
(b) OFFICERS.—
(1) UNITED STATES COORDINATOR.—The head 
of the Office shall be the United States Coordinator
204
of the Office (in this subtitle referred to as the ‘‘Co-
ordinator’’). 
(2) DEPUTY UNITED STATES COORDINATOR.—
There shall be a Deputy United States Coordinator 
of the Office (in this subtitle referred to as the 
‘‘Deputy Coordinator’’), who shall—
(A) assist the Coordinator in carrying out 
the responsibilities of the Coordinator under 
this subtitle; and 
(B) serve as Acting Coordinator in the ab-
sence of the Coordinator and during any va-
cancy in the office of Coordinator. 
(3) APPOINTMENT.—The Coordinator and Dep-
uty Coordinator shall be appointed by the President, 
by and with the advice and consent of the Senate, 
and shall be responsible on a full-time basis for the 
duties and responsibilities described in this section. 
(4) LIMITATION.—No person shall serve as Co-
ordinator or Deputy Coordinator while serving in 
any other position in the Federal Government. 
(c) DUTIES.—The responsibilities of the Coordinator 
shall include the following: 
(1) Serving as the advisor to the President on 
all matters relating to the prevention of weapons of
205
mass destruction (WMD) proliferation and ter-
rorism. 
(2) Formulating a comprehensive and well-co-
ordinated United States strategy and policies for 
preventing WMD proliferation and terrorism, includ-
ing—
(A) measurable milestones and targets to 
which departments and agencies can be held ac-
countable; 
(B) identification of gaps, duplication, and 
other inefficiencies in existing activities, initia-
tives, and programs and the steps necessary to 
overcome these obstacles; 
(C) plans for preserving the nuclear secu-
rity investment the United States has made in 
Russia, the former Soviet Union, and other 
countries; 
(D) 
prioritized 
plans 
to 
accelerate, 
strengthen, and expand the scope of existing 
initiatives and programs, which include identi-
fication of vulnerable sites and material and the 
corresponding actions necessary to eliminate 
such vulnerabilities; 
(E) new and innovative initiatives and pro-
grams to address emerging challenges and
206
strengthen United States capabilities, including 
programs to attract and retain top scientists 
and engineers and strengthen the capabilities of 
United States national laboratories; 
(F) plans to coordinate United States ac-
tivities, initiatives, and programs relating to the 
prevention of WMD proliferation and terrorism, 
including those of the Department of Energy, 
Department of Defense, Department of State, 
and Department of Homeland Security, and in-
cluding the Proliferation Security Initiative, the 
G-8 Global Partnership Against the Spread of 
Weapons and Materials of Mass Destruction, 
United Nations Security Council Resolution 
1540, and the Global Initiative to Combat Nu-
clear Terrorism; 
(G) plans to strengthen United States 
commitments to international regimes and sig-
nificantly improve cooperation with other coun-
tries relating to the prevention of WMD pro-
liferation and terrorism, with particular empha-
sis on work with the international community to 
develop laws and an international legal regime 
with universal jurisdiction to enable any state 
in the world to interdict and prosecute smug-
207
glers of WMD material, as recommended by the 
9/11 Commission; and 
(H) identification of actions necessary to 
implement the recommendations of the Com-
mission on the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism estab-
lished under subtitle E of this title. 
(3) Leading inter-agency coordination of United 
States efforts to implement the strategy and policies 
described in this section. 
(4) Conducting oversight and evaluation of ac-
celerated and strengthened implementation of initia-
tives and programs to prevent WMD proliferation 
and terrorism by relevant government departments 
and agencies. 
(5) Overseeing the development of a comprehen-
sive and coordinated budget for programs and initia-
tives to prevent WMD proliferation and terrorism, 
ensuring that such budget adequately reflects the 
priority of the challenges and is effectively executed, 
and carrying out other appropriate budgetary au-
thorities. 
(d) STAFF.—The Coordinator may appoint and ter-
minate such personnel as may be necessary to enable the 
Coordinator to perform his or her duties.
208
(e) CONSULTATION WITH COMMISSION.—The Office 
and the Coordinator shall regularly consult with and strive 
to implement the recommendations of the Commission on 
the Prevention of Weapons of Mass Destruction Prolifera-
tion and Terrorism, established under subtitle E of this 
title. 
(f) ANNUAL REPORT ON STRATEGIC PLAN.—For fis-
cal year 2009 and each fiscal year thereafter, the Coordi-
nator shall submit to Congress, at the same time as the 
submission of the budget for that fiscal year under title 
31, United States Code, a report on the strategy and poli-
cies developed pursuant to subsection (c)(2), together with 
any recommendations of the Coordinator for legislative 
changes that the Coordinator considers appropriate with 
respect to such strategy and policies and their implemen-
tation or the Office of the Coordinator. 
SEC. 1242. REQUEST FOR CORRESPONDING RUSSIAN COOR-
DINATOR. 
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 preventing weapons of mass destruction (WMD) 
proliferation and terrorism commensurate with those of 
the Coordinator, and with whom the Coordinator should
209
coordinate planning and implementation of activities in 
the Russian Federation having the purpose of preventing 
WMD proliferation and terrorism. 
Subtitle 
E—Commission 
on 
the 
Prevention of Weapons of Mass 
Destruction Proliferation and 
Terrorism 
SEC. 1251. COMMISSION ON THE PREVENTION OF WEAPONS 
OF 
MASS 
DESTRUCTION 
PROLIFERATION 
AND TERRORISM. 
There is established the Commission on the Preven-
tion of Weapons of Mass Destruction Proliferation and 
Terrorism (in this subtitle referred to as the ‘‘Commis-
sion’’). 
SEC. 1252. PURPOSES. 
(a) IN GENERAL.—The purposes of the Commission 
are to—
(1) assess current activities, initiatives, and 
programs to prevent WMD proliferation and ter-
rorism; and 
(2) provide a clear and comprehensive strategy 
and concrete recommendations for such activities, 
initiatives, and programs. 
(b) IN PARTICULAR.—The Commission shall give 
particular attention to activities, initiatives, and programs
210
to secure all nuclear weapons-usable material around the 
world and to significantly accelerate, expand, and 
strengthen, on an urgent basis, United States and inter-
national efforts to prevent, stop, and counter the spread 
of nuclear weapons capabilities and related equipment, 
material, and technology to terrorists and states of con-
cern. 
SEC. 1253. COMPOSITION. 
(a) MEMBERS.—The Commission shall be composed 
of 9 members, of whom—
(1) 3 members shall be appointed by the Presi-
dent; 
(2) 2 members shall be appointed by the major-
ity leader of the Senate; 
(3) 1 member shall be appointed by the minor-
ity leader of the Senate; 
(4) 2 members shall be appointed by the Speak-
er of the House of Representatives; and 
(5) 1 member shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) CO-CHAIRMEN.—The Commission shall have two 
co-chairmen designated from among the members of the 
Commission. Of the co-chairmen—
(1) 1 shall be designated by the President; and
211
(2) 1 shall be designated jointly by the majority 
leader of the Senate and the Speaker of the House 
of Representatives. 
(c) DEADLINE FOR APPOINTMENT.—All members of 
the Commission shall be appointed within 90 days of the 
date of the enactment of this Act. 
(d) INITIAL MEETING.—The Commission shall meet 
and begin the operations of the Commission as soon as 
practicable. 
(e) QUORUM; VACANCIES.—After its initial meeting, 
the Commission shall meet upon the call of the co-chair-
men or a majority of its members. Six members of the 
Commission shall constitute a quorum. Any vacancy in the 
Commission shall not affect its powers, but shall be filled 
in the same manner in which the original appointment was 
made. 
SEC. 1254. RESPONSIBILITIES. 
(a) IN GENERAL.—The Commission shall address—
(1) the roles, missions, and structure of all rel-
evant government departments, agencies, and other 
actors, including the Office of the United States Co-
ordinator for the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism established 
under subtitle D of this title; 
(2) inter-agency coordination;
212
(3) United States commitments to international 
regimes and cooperation with other countries; and 
(4) the threat of weapons of mass destruction 
proliferation and terrorism to the United States and 
its interests and allies, including the threat posed by 
black-market networks, and the effectiveness of the 
responses by the United States and the international 
community to such threats. 
(b) FOLLOW-ON
BAKER-CUTLER
REPORT.—The 
Commission shall also reassess, and where necessary up-
date and expand on, the conclusions and recommendations 
of the report titled ‘‘A Report Card on the Department 
of Energy’s Nonproliferation Programs with Russia’’ of 
January 2001 (also known as the ‘‘Baker-Cutler Report’’) 
and implementation of such recommendations. 
SEC. 1255. POWERS. 
(a) HEARINGS AND EVIDENCE.—The Commission or, 
on the authority of the Commission, any subcommittee or 
member thereof, may, for the purpose of carrying out this 
subtitle, hold such hearings and sit and act at such times 
and places, take such testimony, receive such evidence, 
and administer such oaths as the Commission or such des-
ignate subcommittee or designated member may deter-
mine advisable.
213
(b) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tions Acts, enter into contracts to enable the Commission 
to discharge its duties under this subtitle. 
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this subtitle. Each 
department, bureau, agency, board, commission, of-
fice, independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
co-chairmen, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
214
(1) GENERAL
SERVICES
ADMINISTRATION.—
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(e) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
(f) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as departments and agencies of the 
United States. 
SEC. 1256. NONAPPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission. 
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall—
215
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the report re-
quired under section 1257. 
(c) PUBLIC HEARINGS.—Any public hearings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
SEC. 1257. REPORT. 
Not later than 180 days after the appointment of the 
Commission, the Commission shall submit to the Presi-
dent and Congress a final report containing such findings, 
conclusions, and recommendations for corrective measures 
as have been agreed to by a majority of Commission mem-
bers. 
SEC. 1258. TERMINATION. 
(a) IN GENERAL.—The Commission, and all the au-
thorities of this subtitle, shall terminate 60 days after the 
date on which the final report is submitted under section 
1257. 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period re-
ferred to in subsection (a) for the purpose of concluding 
its activities, including providing testimony to committees
216
of Congress concerning its report and disseminating the 
final report. 
TITLE 
XIII—NUCLEAR 
BLACK 
MARKET 
COUNTER-TER-
RORISM ACT 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Black Market 
Counter-Terrorism Act of 2007’’. 
SEC. 1302. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs, 
the Committee on Armed Services, the Permanent 
Select Committee on Intelligence, and the Com-
mittee on Appropriations of the House of Represent-
atives, and the Committee on Foreign Relations, the 
Committee on Armed Services, the Select Committee 
on Intelligence, and the Committee on Appropria-
tions of the Senate. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’—
(A) means any person who is not a citizen 
or national of the United States or lawfully ad-
mitted to the United States for permanent resi-
217
dence under the Immigration and Nationality 
Act; 
(B) includes any foreign corporation, inter-
national organization, or foreign government; 
and 
(C) includes, for purposes of subsections 
(a) and (b) of section 1311, successors, assigns, 
subsidiaries, and subunits of the person de-
scribed in subparagraph (A) or (B) (as the case 
may be), and other business organizations or 
associations in which that person may be 
deemed to have a controlling interest. 
(3) PERSON.—The term ‘‘person’’—
(A) means a natural person as well as a 
corporation, business association, partnership, 
society, trust, any other nongovernmental enti-
ty, organization, or group, and any govern-
mental entity, or subsidiary, subunit, or parent 
entity thereof, and any successor of any such 
entity; and 
(B) in the case of a country where it may 
be impossible to identify a specific governmental 
entity referred to in subparagraph (A), means 
all activities of that government relating to the
218
development or production of any nuclear 
equipment or technology. 
(4) UNITED STATES FOREIGN ASSISTANCE.—
The term ‘‘United States foreign assistance’’ means 
assistance under the foreign operations, export fi-
nancing, and related programs appropriations Act 
for a fiscal year, and assistance under the Foreign 
Assistance Act of 1961. 
Subtitle A—Sanctions for Transfers 
of Nuclear Enrichment, Reproc-
essing, 
and 
Weapons 
Tech-
nology, Equipment, and Mate-
rials Involving Foreign Persons 
and Terrorists 
SEC. 1311. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN 
PERSONS. 
(a) DETERMINATION OF NUCLEAR ACTIVITIES BY 
FOREIGN PERSONS.—
(1) 
DETERMINATION.—Notwithstanding 
any 
other provision of law, the President shall impose 
the sanctions described in subsection (b) whenever 
the President determines that a foreign person, on 
or after the date of the enactment of this Act, par-
ticipated in the export, transfer or trade of—