[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4212 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4212

 To promote the national security of the United States by facilitating 
  the removal of potential nuclear weapons materials from vulnerable 
            sites around the world, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2004

  Mr. Schiff introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To promote the national security of the United States by facilitating 
  the removal of potential nuclear weapons materials from vulnerable 
            sites around the world, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM 
              VULNERABLE SITES WORLDWIDE.

    (a) Sense of Congress.--It is the sense of Congress that removing 
potential nuclear weapons materials from vulnerable sites around the 
world would reduce the possibility that such materials could fall into 
the hands of al Qaeda or other groups and states hostile to the United 
States, and should be a top priority for achieving the national 
security of the United States.
    (b) Task Force on Nuclear Material Removal.--(1) The President 
shall establish in the Department of Energy a task force to be known as 
the Task Force on Nuclear Material Removal (in this section referred to 
as the ``Task Force'').
    (2) The head of the Task Force shall be the Director of the Task 
Force on Nuclear Material Removal, who shall be appointed by the 
President for that purpose.
    (3) The Director of the Task Force shall report directly to the 
Deputy Administrator for Defense Nuclear Nonproliferation of the 
National Nuclear Security Administration regarding the activities of 
the Task Force under this section.
    (4)(A) The Secretary of Energy, the Administrator for Nuclear 
Security, and the Deputy Administrator for Defense Nuclear 
Nonproliferation shall assign to the Task Force personnel having such 
experience and expertise as is necessary to permit the Task Force to 
carry out its mission under this section.
    (B) The Secretary of Energy and the Administrator for Nuclear 
Security shall jointly consult with the Assistant to the President for 
National Security Affairs, the Secretary of State, the Secretary of 
Defense, the Chairman of the Nuclear Regulatory Commission, the heads 
of other appropriate departments and agencies of the Federal 
Government, and appropriate international organizations in order to 
identify and establish mechanisms and procedures to ensure that the 
Task Force is able to draw quickly on the capabilities of the 
departments and agencies of the Federal Government and such 
international organizations to carry out its mission under this 
section.
    (C) Mechanisms under subparagraph (B) may include the assignment to 
the Task Force of personnel of the Department of Energy and of other 
departments and agencies of the Federal Government.
    (5) The President may establish within the Executive Office of the 
President a mechanism for coordinating the activities of the Task Force 
under this section.
    (c) Mission.--The mission of the Task Force shall be to ensure that 
potential nuclear weapons materials are entirely removed from the most 
vulnerable sites around the world as soon as practicable after the date 
of the enactment of this Act.
    (d) Assistance.--To assist the Task Force in carrying out its 
mission under this section, the Secretary of Energy may--
            (1) provide funds to remove potential nuclear weapons 
        materials from vulnerable sites, including funds to cover the 
        costs of--
                    (A) transporting such materials from such sites to 
                secure facilities;
                    (B) providing interim security upgrades for such 
                materials pending their removal from their current 
                sites;
                    (C) managing such materials after their arrival at 
                secure facilities;
                    (D) purchasing such materials;
                    (E) converting such sites to the use of low-
                enriched uranium fuels;
                    (F) assisting in the closure and decommissioning of 
                such sites; and
                    (G) providing incentives to facilitate the removal 
                of such materials from vulnerable facilities;
            (2) arrange for the shipment of potential nuclear weapons 
        materials to the United States, or to other countries willing 
        to accept such materials and able to provide high levels of 
        security for such materials, and dispose of such materials, in 
        order to ensure that United States national security objectives 
        are accomplished as quickly and effectively as possible; and
            (3) provide funds to upgrade security and accounting at 
        sites where, as determined by the Secretary, potential nuclear 
        weapons materials will remain for an extended period in order 
        to ensure that such materials are secure against plausible 
        potential threats, and will remain so in the future.
    (e) Report.--(1) Not later than 30 days after the submittal to 
Congress of the budget of the President for fiscal year 2006 pursuant 
to section 1105(a) of title 31, United States Code, the Secretary of 
Energy, in coordination with other relevant Federal Government and 
international agencies, shall submit to Congress a report that includes 
the following:
            (A) A list of the sites determined by the Task Force to be 
        of the highest priorities for removal of potential nuclear 
        weapons materials, based on the quantity and attractiveness of 
        such materials at such sites and the risk of theft or diversion 
        of such materials for weapons purposes.
            (B) An inventory of all sites worldwide where highly-
        enriched uranium or separated plutonium is located, including, 
        to the extent practicable, a prioritized assessment of the 
        terrorism and proliferation risk posed by such materials at 
        each such site, based on the quantity of such materials, the 
        attractiveness of such materials for use in nuclear weapons, 
        the current level of security and accounting for such 
        materials, and the level of threat (including the effects of 
        terrorist or criminal activity and the pay and morale of 
        personnel and guards) in the country or region where such sites 
        are located.
            (C) A strategic plan, including measurable milestones and 
        metrics, for accomplishing the mission of the Task Force under 
        this section.
            (D) An estimate of the funds required to complete the 
        mission of the Task Force under this section, set forth by year 
        until anticipated completion of the mission.
            (E) The recommendations of the Secretary on whether any 
        further legislative actions or international agreements are 
        necessary to facilitate the accomplishment of the mission of 
        the Task Force.
            (F) Such other information on the status of activities 
        under this section as the Secretary considers appropriate.
    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.
    (f) Potential Nuclear Weapons Material Defined.--In this section, 
the term ``potential nuclear weapons material'' means plutonium, 
highly-enriched uranium, or other material capable of sustaining an 
explosive nuclear chain reaction, including irradiated materials if the 
radiation field from such materials is not sufficient to prevent the 
theft and use of such materials for an explosive nuclear chain 
reaction.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Energy for fiscal year 2005 for 
activities of the National Nuclear Security Administration in carrying 
out programs necessary for national security for purposes of defense 
nuclear nonproliferation activities, $40,000,000 to carry out this 
section.
                                 <all>