[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 360 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 360
To provide for counterproliferation measures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2007
Mrs. Tauscher (for herself, Mr. Meehan, and Mr. Spratt) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
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 paragraphs (3) and (4) of subsection (e),
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)(4)
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 detail under subsection (d)(4) 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, 2008, 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 2007, 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 Director of National Intelligence the following new
item:
``Director of the Office for Combating the Proliferation of
Weapons of Mass Destruction.''; and
(2) in section 5313, by inserting after the item relating
to the Administrator of the Federal Emergency Management Agency
the following new item:
``Deputy Director of the Office for Combating the
Proliferation of Weapons of Mass Destruction.''.
(j) Authorization of Appropriations.--There all authorized to be
appropriated such sums as may be necessary to carry out this section.
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 carried out by the National
Nuclear Security Administration using amounts made
available pursuant to an authorization of
appropriations for defense nuclear nonproliferation
activities;
(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. 5854) 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--GLOBAL CLEANOUT
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise available for such purposes, there
are authorized to be appropriated to the Secretary of Energy to carry
out the program under section 3132 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569)
$100,000,000 for each fiscal year.
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 2008,
$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) $500,000,000 for fiscal year 2008;
(2) $550,000,000 for fiscal year 2009;
(3) $600,000,000 for fiscal year 2010;
(4) $650,000,000 for fiscal year 2011; and
(5) $700,000,000 for fiscal year 2012.
SEC. 402. PERMANENT WAIVER AUTHORITY FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY IN RUSSIA.
Section 1305 of the National Defense Authorization Act for Fiscal
Year 2000 (22 U.S.C. 5952 note) 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) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-135; 117 Stat. 1662; 22 U.S.C.
5963(c)) is repealed.
SEC. 404. LIABILITY REPORT.
Not later than April 1, 2008, 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).
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