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. 
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.’’.
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—ACCELERATION 
OF 
REMOVAL AND SECURITY OF 
FISSILE MATERIALS 
SEC. 201. ACCELERATION OF REMOVAL OR SECURITY OF 
FISSILE MATERIALS, RADIOLOGICAL MATE-
RIALS, AND RELATED EQUIPMENT AT VUL-
NERABLE SITES WORLDWIDE. 
(a) SENSE OF CONGRESS.—(1) It is the sense of Con-
gress that the security, including the rapid removal or se-
cure storage, of high-risk, proliferation-attractive fissile 
materials, radiological materials, and related equipment at 
vulnerable sites worldwide should be a top priority among 
the activities to achieve the national security of the United 
States. 
(2) It is the sense of Congress that the President may 
establish in the Department of Energy a task force to be 
known as the Task Force on Nuclear Materials to carry 
out the program authorized by subsection (b). 
(b) PROGRAM AUTHORIZED.—The Secretary of En-
ergy may carry out a program to undertake an acceler-
ated, comprehensive worldwide effort to mitigate the 
threats posed by high-risk, proliferation-attractive fissile 
materials, radiological materials, and related equipment 
located at sites potentially vulnerable to theft or diversion.
(c) PROGRAM ELEMENTS.—(1) Activities under the 
program under subsection (b) may include the following: 
(A) Accelerated efforts to secure, remove, or 
eliminate proliferation-attractive fissile materials or 
radiological materials in research reactors, other re-
actors, and other facilities worldwide. 
(B) Arrangements for the secure shipment of 
proliferation-attractive fissile materials, radiological 
materials, and related equipment to other countries 
willing to accept such materials and equipment, or 
to the United States if such countries cannot be 
identified, and the provision of secure storage or dis-
position of such materials and equipment following 
shipment. 
(C) The transportation of proliferation-attrac-
tive fissile materials, radiological materials, and re-
lated equipment from sites identified as proliferation 
risks to secure facilities in other countries or in the 
United States. 
(D) The processing and packaging of prolifera-
tion-attractive fissile materials, radiological mate-
rials, and related equipment in accordance with re-
quired standards for transport, storage, and disposi-
tion.
(E) The provision of interim security upgrades 
for vulnerable, proliferation-attractive fissile mate-
rials and radiological materials and related equip-
ment pending their removal from their current sites. 
(F) The utilization of funds to upgrade security 
and accounting at sites where proliferation-attractive 
fissile materials or radiological materials will remain 
for an extended period of time in order to ensure 
that such materials are secure against plausible po-
tential threats and will remain so in the future. 
(G) The management of proliferation-attractive 
fissile materials, radiological materials, and related 
equipment at secure facilities. 
(H) Actions to ensure that security, including 
security upgrades at sites and facilities for the stor-
age or disposition of proliferation-attractive fissile 
materials, radiological materials, and related equip-
ment, continues to function as intended. 
(I) The provision of technical support to the 
International Atomic Energy Agency (IAEA), other 
countries, and other entities to facilitate removal of, 
and security upgrades to facilities that contain, pro-
liferation-attractive fissile materials, radiological ma-
terials, and related equipment worldwide.
(J) The development of alternative fuels and ir-
radiation targets based on low-enriched uranium to 
convert research or other reactors fueled by highly- 
enriched uranium to such alternative fuels, as well 
as the conversion of reactors and irradiation targets 
employing highly-enriched uranium to employment 
of such alternative fuels and targets. 
(K) Accelerated actions for the blend down of 
highly-enriched uranium to low-enriched uranium. 
(L) The provision of assistance in the closure 
and decommissioning of sites identified as presenting 
risks of proliferation of proliferation-attractive fissile 
materials, radiological materials, and related equip-
ment. 
(M) Programs to— 
(i) assist in the placement of employees 
displaced as a result of actions pursuant to the 
program in enterprises not representing a pro-
liferation threat; and 
(ii) convert sites identified as presenting 
risks of proliferation regarding proliferation-at-
tractive fissile materials, radiological materials, 
and related equipment to purposes not rep-
resenting a proliferation threat to the extent 
necessary to eliminate the proliferation threat.
(2) The Secretary of Energy shall, in coordination 
with the Secretary of State, carry out the program in con-
sultation with, and with the assistance of, appropriate de-
partments, agencies, and other entities of the United 
States Government. 
(3) The Secretary of Energy shall, with the concur-
rence of the Secretary of State, carry out activities under 
the program in collaboration with such foreign govern-
ments, non-governmental organizations, and other inter-
national entities as the Secretary of Energy considers ap-
propriate for the program. 
(d) REPORTS.—(1) Not later than March 15, 2005, 
the Secretary of Energy shall submit to Congress a classi-
fied interim report on the program under subsection (b). 
(2) Not later than January 1, 2006, the Secretary 
shall submit to Congress a classified final report on the 
program under subsection (b) that includes the following: 
(A) A survey by the Secretary of the facilities 
and sites worldwide that contain proliferation-attrac-
tive fissile materials, radiological materials, or re-
lated equipment. 
(B) A list of sites determined by the Secretary 
to be of the highest priority, taking into account risk 
of theft from such sites, for removal or security of 
proliferation-attractive fissile materials, radiological
materials, or related equipment, organized by level of 
priority. 
(C) A plan, including activities under the pro-
gram under this section, for the removal, security, or 
both of proliferation-attractive fissile materials, radi-
ological materials, or related equipment at vulner-
able facilities and sites worldwide, including measur-
able milestones, metrics, and estimated costs for the 
implementation of the plan. 
(3) A summary of each report under this subsection 
shall also be submitted to Congress in unclassified form. 
(e) FUNDING.— 
(1) IN GENERAL.—Amounts authorized to be 
appropriated to the Secretary of Energy for defense 
nuclear nonproliferation activities shall be available 
for purposes of the program under this section. 
(2) ADDITIONAL FUNDING.—(A) It is the sense 
of Congress that the Secretary of Energy should use 
funds for the program under this section in addition 
to the funds made available under paragraph (1). 
(B) Not later than 60 days after the date of en-
actment of this Act, the Secretary of Energy should 
submit a supplemental budget request to Congress 
for fiscal year 2005 outlining additional funds need-
ed to address the program elements set forth in sub-
section (c). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘fissile materials’’ means pluto-
nium, highly-enriched uranium, or other material ca-
pable of sustaining an explosive nuclear chain reac-
tion, including irradiated items containing such ma-
terials if the radiation field from such items is not 
sufficient to prevent the theft or misuse of such 
items. 
(2) The term ‘‘radiological materials’’ includes 
Americium-241, Californium-252, Cesium-137, Co-
balt-60, Iridium-192, Plutonium-238, Radium-226 
and Strontium-90, Curium-244, Strontium-90, and 
irradiated items containing such materials, or other 
materials designated by the Secretary of Energy for 
purposes of this paragraph. 
(3) The term ‘‘related equipment’’ includes 
equipment useful for enrichment of uranium in the 
isotope 235 and for extraction of fissile materials 
from irradiated fuel rods and other equipment des-
ignated by the Secretary of Energy for purposes of 
this section.
(4) The term ‘‘highly-enriched uranium’’ means 
uranium enriched to or above 20 percent in isotope 
235. 
(5) The term ‘‘low-enriched uranium’’ means 
uranium enriched below 20 percent in isotope 235. 
(6) The term ‘‘proliferation-attractive’’, in the 
case of fissile materials and radiological materials, 
means quantities and types of such materials that 
are determined by the Secretary of Energy to 
present a significant risk to the national security of 
the United States if diverted to a use relating to 
proliferation. 
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) $450,000,000 for fiscal year 2005; 
(2) $500,000,000 for fiscal year 2006; 
(3) $550,000,000 for fiscal year 2007;
(4) $600,000,000 for fiscal year 2008; 
(5) $650,000,000 for fiscal year 2009; and 
(6) $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, 2005, 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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