[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5161 Introduced in House (IH)]






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 Representatives 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 COMBATING THE PROLIFERATION OF WEAPONS OF MASS 
                              DESTRUCTION

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 ``Office'').
    (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 
        responsibilities 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 Director 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 Director 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, objectives, 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 Weapons of Mass Destruction'' (in this 
        title referred to as the ``Strategy'').
            (4) To coordinate, oversee, and evaluate the implementation 
        and execution of the Strategy by the agencies of the Federal 
        Government with responsibilities 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 submission to 
        Congress of each annual budget under that section, whether the 
        budget for each element of preventing the proliferation of 
        weapons of mass destruction is consistent with and adequate for 
        carrying out the Strategy.
            (7) To carry out any other responsibilities relating to 
        development, coordination, funding, and implementation of 
        United States policy on the prevention of the proliferation of 
        weapons of mass destruction 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 proliferation of weapons of 
        mass destruction, including the authorities to--
                    (A) provide guidance on the development of annual 
                budgets for each element of the prevention of the 
                proliferation of weapons of mass destruction;
                    (B) direct, coordinate, and modify the annual 
                budgets of the elements of the prevention of the 
                proliferation of weapons of mass destruction, in 
                consultation with the heads of those elements; 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 available for the 
        prevention of the proliferation of weapons 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 proliferation;
                    (B) eliminate duplication of effort; or
                    (C) significantly increase programmatic efficiency;
            (3) select, appoint, employ, and fix compensation 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 involving the prevention of the proliferation of 
        weapons of mass destruction on temporary detail to another 
        department, agency, or program in order to implement the 
        Strategy, and the head of the department or agency shall comply 
        with such a request;
            (5) use for administrative purposes, on a reimbursable 
        basis, the available services, equipment, personnel, and 
        facilities of Federal agencies;
            (6) procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, 
        relating to appointments in the Federal Service, at rates of 
        compensation for individuals 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, including--
                    (A) conducting program and performance audits and 
                evaluations; and
                    (B) requesting assistance from the Inspector 
                General of the relevant agency in such audits and 
                evaluations.
    (e) Personnel Detailed to Office.--(1) Notwithstanding 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 employee 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 further.
    (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 
respect 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 updated Strategy and any such 
recommendations.
    (g) Global Coalition.--(1) The Director shall develop 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 committed 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 committee of Congress, to--
            (1) any information, document, record, or paper in the 
        possession of the Office or any study conducted 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 Destruction.''.
            (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 Combating the 
                Proliferation of Weapons of Mass Destruction.''.

SEC. 102. REQUEST FOR CORRESPONDING RUSSIAN DIRECTOR.

    It is the sense of the Congress that, as soon as practical, the 
President should personally request the President of the Russian 
Federation to designate an official of the Russian Federation having 
authorities and responsibilities 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 respect 
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 Eurasian Democracies 
                and Open Markets Support Act of 1992 (the FREEDOM 
                Support Act) (22 U.S.C. 5354) and programs authorized 
                by section 1412 of the Former Soviet Union 
                Demilitarization Act of 1992 (22 U.S.C. 5902); and
                    (D) a program of any agency of the Federal 
                Government having a purpose similar to that of any of 
                the programs identified in subparagraphs (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 MATERIALS, AND RELATED EQUIPMENT AT 
              VULNERABLE SITES WORLDWIDE.

    (a) Sense of Congress.--(1) It is the sense of Congress that the 
security, including the rapid removal or secure 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 Energy may carry out a 
program to undertake an accelerated, 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 reactors, 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 disposition of such materials and equipment 
        following shipment.
            (C) The transportation of proliferation-attractive fissile 
        materials, radiological materials, and related equipment from 
        sites identified as proliferation risks to secure facilities in 
        other countries or in the United States.
            (D) The processing and packaging of proliferation-
        attractive fissile materials, radiological materials, and 
        related equipment in accordance with required standards for 
        transport, storage, and disposition.
            (E) The provision of interim security upgrades for 
        vulnerable, proliferation-attractive fissile materials and 
        radiological materials and related equipment 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 potential 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 storage or disposition 
        of proliferation-attractive fissile materials, radiological 
        materials, and related equipment, 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, proliferation-attractive fissile 
        materials, radiological materials, and related equipment 
        worldwide.
            (J) The development of alternative fuels and irradiation 
        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 equipment.
            (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 proliferation threat; 
                and
                    (ii) convert sites identified as presenting risks 
                of proliferation regarding proliferation-attractive 
                fissile materials, radiological materials, and related 
                equipment to purposes not representing 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 consultation with, and 
with the assistance of, appropriate departments, agencies, and other 
entities of the United States Government.
    (3) The Secretary of Energy shall, with the concurrence of the 
Secretary of State, carry out activities under the program in 
collaboration with such foreign governments, non-governmental 
organizations, and other international entities as the Secretary of 
Energy considers appropriate for the program.
    (d) Reports.--(1) Not later than March 15, 2005, the Secretary of 
Energy shall submit to Congress a classified 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-attractive fissile 
        materials, radiological materials, or related 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 program under 
        this section, for the removal, security, or both of 
        proliferation-attractive fissile materials, radiological 
        materials, or related equipment at vulnerable facilities and 
        sites worldwide, including measurable 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 enactment of 
        this Act, the Secretary of Energy should submit a supplemental 
        budget request to Congress for fiscal year 2005 outlining 
        additional funds needed to address the program elements set 
        forth in subsection (c).
    (f) Definitions.--In this section:
            (1) The term ``fissile materials'' means plutonium, highly-
        enriched uranium, or other material capable of sustaining an 
        explosive nuclear chain reaction, including irradiated items 
        containing such materials 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, Cobalt-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 designated 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 PROLIFERATION SECURITY INITIATIVE

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 announced 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 authority to stop shipments of 
        weapons of mass destruction, their delivery systems, and 
        related materials.

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 emphasis should be given to allocating money 
from this total--
            (1) to invite other countries that do not participate in 
        the Proliferation Security Initiative to observe 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 Cooperative 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 RUSSIA.

    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 planning, design, or construction of a 
chemical weapons destruction facility in the Russian Federation if the 
President submits to Congress a written certification with respect 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 disclosure by the 
        Russian Federation regarding the size, content, status, and 
        location of its chemical weapons stockpile.

SEC. 403. REMOVAL OF FUNDING LIMITATION ON ACTIVITIES OUTSIDE THE 
              FORMER SOVIET UNION.

    Section 1308(c) in the National Defense Authorization 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 implementation of the Plutonium Disposition, 
Nuclear Cities, 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).
                                 <all>