II 

Calendar No. 456 

109TH CONGRESS 

2D SESSION S. 2566 

To provide for coordination of proliferation interdiction activities and 

conventional arms disarmament, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2006 

Mr. LUGAR (for himself, Mr. OBAMA, Mr. COCHRAN, Mr. LAUTENBERG, Mrs. 

HUTCHISON, Mr. SUNUNU, Mr. ISAKSON, Mr. CHAFEE, Mr. MARTINEZ, 

Mr. ALLEN, Ms. MURKOWSKI, Mr. HAGEL, Mr. COLEMAN, Mr. LEVIN, 

Mr. LEAHY, Mr. REID, Mr. BAYH, and Mr. CHAMBLISS) introduced the 

following bill; which was read twice and referred to the Committee on 

Foreign Relations 

MAY 25, 2006 

Reported by Mr. LUGAR, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for coordination of proliferation interdiction activities and conventional arms disarmament, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cooperative Prolifera3 tion Detection, Interdiction Assistance, and Conventional 

4 Threat Reduction Act of 2006’’. 

5 TITLE I—PROLIFERATION 

6 ASSISTANCE COORDINATION 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Cooperative Prolifera9 tion Detection and Interdiction Assistance Act of 2006’’. 

10 SEC. 102. FINDINGS. 

11 Congress makes the following findings: 

12 (1) On May 31, 2003, at Wawel Royal Castle, 

13 Krakow, Poland, the United States and its allies an14 nounced a new effort to fight proliferation called the 

15 Proliferation Security Initiative. The Proliferation 

16 Security Initiative enhances cooperation among 

17 states employing legal means to search planes and 

18 ships carrying suspect cargo and to seize illegal 

19 weapons or missile technologies to keep the world’s 

20 most destructive weapons away from our shores and 

21 out of the hands of our common enemies. 

22 (2) Since its inception in 2003, more than 70 

23 countries have participated in or provided support 

24 for the Proliferation Security Initiative. 

25 (3) The Proliferation Security Initiative has led 

26 to the negotiation of bilateral ship boarding agreeVerDate Aug 31 2005 20:44 May 26, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2566.RS S2566

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1 ments designed to facilitate the interdiction of weap2 ons of mass destruction and related materials and 

3 means of delivery. 

4 (4) Security Council Resolution 1540, adopted 

5 unanimously by the United Nations Security Council 

6 on April 28, 2004, calls on all countries to take co7 operative action to prevent trafficking in weapons of 

8 mass destruction, related materials, and means of 

9 delivery and dual-use items of proliferation concern. 

10 (5) Security Council Resolution 1540 provides a 

11 basis for developing an internationally accepted 

12 practice regarding criminalization of the trafficking 

13 of weapons of mass destruction, related materials 

14 and means of delivery. 

15 (6) The Report of the United Nations Secretary 

16 General’s High Level Panel on Threats, Challenges, 

17 and Change, dated September 23, 2003, found that 

18 ‘‘[r]ecent experience of the activities of the A.Q. 

19 Khan network has demonstrated the need for and 

20 the value of measures taken to interdict the illicit 

21 and clandestine trade in components for nuclear pro22 grams’’. 

23 (7) The Report also welcomes ‘‘the voluntary 

24 Proliferation Security Initiative, under which more 

25 and more states are cooperating to prevent illicit 


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1 trafficking in nuclear, biological, and chemical weap2 ons’’. 

3 (8) There have been a number of air, land, and 

4 sea interdiction training exercises conducted under 

5 the Proliferation Security Initiative. 

6 (9) The United States provides foreign assist7 ance to many countries participating in the Pro8 liferation Security Initiative, including the following 

9 types of assistance: 

10 (A) International narcotics control under 

11 chapter 8 of part I of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2291 et seq.). 

13 (B) Border control assistance under sec14 tion 499C of the Foreign Assistance Act of 

15 1961 (22 U.S.C. 2296c). 

16 (C) Military assistance, education, and 

17 training under chapters 2, 3, and 5 of part II 

18 of the Foreign Assistance Act of 1961 (22 

19 U.S.C. 2291 et seq.). 

20 (D) Antiterrorism assistance under chapter 

21 8 of part II of the Foreign Assistance Act of 

22 1961 (22 U.S.C. 2291 et seq.). 

23 (E) Nonproliferation and export control as24 sistance under chapter 9 of part II of the ForVerDate Aug 31 2005 20:44 May 26, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2566.RS S2566

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1 eign Assistance Act of 1961 (22 U.S.C. 2934bb 

2 et seq.). 

3 (F) Activities carried out under sections 

4 503 and 504 of the FREEDOM Support Act 

5 (22 U.S.C. 5853 and 5854). 

6 (10) Many countries participating in the Pro7 liferation Security Initiative also are provided de8 fense articles and services and foreign military sales 

9 under the Arms Export Control Act (22 U.S.C. 

10 2751 et seq.), a purpose of which, as specified in 

11 section 4 of the Act (22 U.S.C. 2754), is to prevent 

12 or hinder the proliferation of weapons of mass de13 struction and the means of delivering such weapons. 

14 (11) Congress has specifically authorized the 

15 President to provide countries with proliferation 

16 interdiction assistance under chapter 9 of part II of 

17 the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2394bb et seq.), which provides that— 

19 (A) the President should ensure that not 

less than 1 20 ⁄4 of the assistance provided under 

21 such chapter is expended for the purpose of en22 hancing the capabilities of friendly countries to 

23 detect and interdict proliferation-related ship24 ments of cargo that originate from, and are 

25 destined for, other countries; and 


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1 (B) priority should be given to any friendly 

2 country that has been determined by the Sec3 retary of State to be a country frequently 

4 transited by proliferation-related shipments of 

5 cargo. 

6 (12) Many executive agencies and departments 

7 currently furnish assistance to nations participating 

8 in the Proliferation Security Initiative, including the 

9 following: 

10 (A) Nunn-Lugar/Cooperative Threat Re11 duction programs carried out under the Soviet 

12 Nuclear Threat Reduction Act of 1991 (title II 

13 of Public Law 102–228; 22 U.S.C. 2551 note) 

14 and the Cooperative Threat Reduction Act of 

15 1993 (title XII of Public Law 103–160; 22 

16 U.S.C. 5951 note). 

17 (B) Ongoing programs and activities of the 

18 Department of Energy authorized under sub19 title C of title XXXI of division C of the Ronald 

20 W. Reagan National Defense Authorization Act 

21 for fiscal year 2005 (Public Law 108–375). 

22 (C) Other programs assisting friendly for23 eign countries in law enforcement, regulatory, 

24 and operational capabilities to enhance the po25 tential of such countries in interdicting weapons 


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1 of mass destruction, related materials and 

2 means of delivery, and any dual-use items of 

3 proliferation concern. 

4 (13) While statutory authority exists to assist 

5 friendly foreign countries in meeting the threat 

6 posed by the proliferation of weapons of mass de7 struction, related materials and means of delivery, 

8 and dual-use items of proliferation concern, mecha9 nisms for coordinating within the executive branch 

10 programs and assistance implemented under those 

11 authorities should be employed fully in order to en12 sure the most effective use of United States assist13 ance to train and equip friendly foreign countries to 

14 deal with this threat. 

15 SEC. 103. PROLIFERATION INTERDICTION SUPPORT PRO16 GRAM. 

17 (a) PROGRAM.—Consistent with section 583 of the 

18 Foreign Assistance Act of 1961 (22 U.S.C. 2349bb–2), 

19 as amended by subsection (c), the President is authorized 

20 to carry out a program to provide assistance to friendly 

21 foreign countries for proliferation detection and interdic22 tion activities and for developing complementary capabili23 ties. 

24 (b) REPORT ON EXISTING PROLIFERATION DETEC25 TION AND INTERDICTION ASSISTANCE.— 


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1 (1) REPORT REQUIRED.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 President shall submit to the Committee on Foreign 

4 Relations of the Senate and the Committee on Inter5 national Relations of the House of Representatives 

6 a report on proliferation and interdiction assistance. 

7 (2) CONTENT.—The report required under 

8 paragraph (1) shall— 

9 (A) specify in detail, including program 

10 cost, on a country-by-country basis, the assist11 ance being provided by the Department of State 

12 to train and equip personnel in friendly foreign 

13 countries in the detection and interdiction of 

14 proliferation-related shipments of weapons of 

15 mass destruction, related materials and means 

16 of delivery, and dual-use items of proliferation 

17 concern; and 

18 (B) specify, on an agency-by-agency basis, 

19 funding that is being transferred by the De20 partment of State to other executive agencies to 

21 carry out such programs. 

22 (c) INTERDICTION ASSISTANCE AMENDMENTS.—Sec23 tion 583 of the Foreign Assistance Act of 1961 (22 U.S.C. 

24 2349bb–2) is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘should ensure that’’ and 

2 inserting ‘‘shall ensure that, beginning in fiscal 

3 year 2007,’’; 

4 (B) by striking ‘‘expended’’ and inserting 

5 ‘‘obligated’’; and 

6 (C) by striking ‘‘that originate from, and 

7 are destined for, other countries’’ and inserting 

8 ‘‘to states and non-state actors of proliferation 

9 concern’’; and 

10 (2) by adding at the end the following new sub11 sections: 

12 ‘‘(c) COOPERATIVE AGREEMENTS.—In order to pro13 mote cooperation regarding the interdiction of weapons of 

14 mass destruction and related materials and delivery sys15 tems, the President is authorized to conclude agreements, 

16 including reciprocal maritime agreements, with other 

17 countries to facilitate effective measures to prevent the 

18 transportation of such items to states and non-state actors 

19 of proliferation concern. 

20 ‘‘(d) DETERMINATION AND NOTICE TO CONGRESS.— 

21 The Secretary of State shall notify the Committee on For22 eign Relations of the Senate and the Committee on Inter23 national Relations of the House of Representatives in writ24 ing not more than 30 days after making a determination 

25 that any friendly country has been determined to be a 


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1 country eligible for priority consideration of any assistance 

2 under subsection (b). Such determination shall set forth 

3 the reasons for such determination, and may be submitted 

4 in classified and unclassified form, as necessary.’’. 

5 (d) FISCAL YEAR 2007 ASSISTANCE.—Not less than 

1 6 ⁄4 of the amount made available for nonproliferation, anti7 terrorism, demining and related programs and activities 

8 for fiscal year 2007 shall be made available to establish 

9 the program under subsection (a), unless otherwise noti10 fied for nonproliferation or counterproliferation purposes 

11 pursuant to section 634A of the Foreign Assistance Act 

12 of 1961 (22 U.S.C. 2394–1). 

13 TITLE II—CONVENTIONAL ARMS 

14 DISARMAMENT 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Conventional Arms 

17 Disarmament Act of 2006’’. 

18 SEC. 202. FINDINGS; SENSE OF CONGRESS. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) The global proliferation of man-portable air 

22 defense systems (MANPADS) and other conven23 tional weapons, including tactical missile systems, 

24 poses a direct threat to the national security of the 

25 United States. 


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1 (2) The use of MANPADS and other conven2 tional weapons by terrorists and insurgent groups 

3 continues to hamper United States efforts to achieve 

4 peace and security in Iraq and Afghanistan. 

5 (3) The proliferation of conventional weapons, 

6 including tactical missile systems, provides many re7 gimes with a means of income and threatens inter8 national peace and security. 

9 (4) The Government Accountability Office has 

10 estimated that there are between 500,000 and 

11 750,000 MANPADS in the world. 

12 (5) Many countries that possess stocks of 

13 MANPADS and other conventional weapons, includ14 ing tactical missile systems, no longer require such 

15 weapons for their own security or self defense, but 

16 do not possess the means for the elimination or safe17 guarding of such systems. 

18 (6) There is currently no single United States 

19 program designed to promote efforts in other coun20 tries related to conventional arms threat reduction. 

21 (7) The proliferation of conventional weapons in 

22 developing countries that have experienced civil con23 flict threatens political stability and economic devel24 opment in those countries and neighboring countries. 


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1 (8) Land mines left over from past conflicts 

2 continue to pose a humanitarian threat and a bar3 rier to economic development in many countries 

4 around the world. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) where appropriate, the United States Gov8 ernment should provide assistance to countries seek9 ing to secure, remove, or eliminate stocks of 

10 MANPADS, other conventional weapons, including 

11 tactical missile systems that pose a proliferation 

12 threat; and 

13 (2) given the clear links between global net14 works of terrorism and networks of the illicit trade 

15 in conventional weapons, the United States Govern16 ment should place consistent, broad, and continued 

17 emphasis on combating the proliferation of 

18 MANPADS and other conventional weapons, includ19 ing tactical missile systems, within the broader non20 proliferation strategy of the United States. 

21 SEC. 203. STATEMENT OF POLICY. 

22 It is the policy of the United States to assist the gov23 ernments of other countries in safeguarding or eliminating 

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1 cluding tactical missile systems, that pose a proliferation, 

2 local or regional security, or humanitarian threat. 

3 SEC. 204. GLOBAL PROGRAM FOR THE SAFEGUARDING AND 

4 ELIMINATION OF CONVENTIONAL ARMS. 

5 (a) IN GENERAL.—The Secretary of State is author6 ized to carry out an accelerated global program to secure, 

7 remove, or eliminate stocks of MANPADS, small arms 

8 and light weapons, stockpiled munitions, abandoned ord9 nance, and other conventional weapons, including tactical 

10 missile systems (hereafter in this Act referred to as 

11 ‘‘MANPADS and other conventional weapons’’), as well 

12 as related equipment and facilities, that are determined 

13 by the Secretary to pose a proliferation threat. 

14 (b) PROGRAM ELEMENTS.—The program authorized 

15 under subsection (a) may include the following activities: 

16 (1) Humanitarian demining activities. 

17 (2) Programs for the elimination or securing of 

18 MANPADS. 

19 (3) Programs for the elimination or securing of 

20 other conventional weapons. 

21 (4) Programs to assist countries in the safe 

22 handling and proper storage of MANPADS and 

23 other conventional weapons. 

24 (5) Cooperative programs with the North Atlan25 tic Treaty Organization and other international orVerDate Aug 31 2005 20:44 May 26, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S2566.RS S2566

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1 ganizations to assist countries in the safe handling 

2 and proper storage or elimination of MANPADS 

3 and other conventional weapons. 

4 (6) The utilization of funds for the elimination 

5 or safeguarding of MANPADS and other conven6 tional weapons. 

7 (7) Programs for the security and safeguarding 

8 of MANPADS and other conventional weapons. 

9 (8) Actions to ensure that equipment and 

10 funds, including security upgrades at locations for 

11 the storage or disposition of MANPADS and other 

12 conventional weapons and related equipment that 

13 are determined by the Secretary of State to pose a 

14 proliferation threat, continue to be used for author15 ized purposes. 

16 SEC. 205. REPORT ON CONVENTIONAL ARMS THREAT RE17 DUCTION. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of State 

20 shall submit to the Committees on Foreign Relations and 

21 Appropriations of the Senate and the Committees on 

22 International Relations and Appropriations of the House 

23 of Representatives a report on conventional arms threat 

24 reduction. 


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1 (b) CONTENT.—The report required under subsection 

2 (a) shall include the following information: 

3 (1) A description of prior efforts of the Depart4 ment of State regarding conventional arms threat 

5 reduction. 

6 (2) A description, on a country-by-country 

7 basis, of the implementation of a global strategy for 

8 the elimination or safeguarding of MANPADS and 

9 other conventional weapons, including, to the extent 

10 possible, a prioritization of such elimination and 

11 safeguarding efforts with respect to the proliferation 

12 sensitivity of such weapons in each country and their 

13 potential impact on local and regional security. 

14 (3) An evaluation of the extent to which activi15 ties under this title and other United States Govern16 ment programs are integrated to ensure that the 

17 conventional arms threat reduction efforts of the 

18 United States are consistent with United States pol19 icy and goals in countries receiving assistance 

20 through such activities. 

21 (4) A description of the scope and nature of 

22 other complementary United States programs re23 lated to conventional arms threat reduction, includ24 ing tactical missile systems. 


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1 (c) FORM.—The report required under subsection (a) 

2 shall be in unclassified form, but may contain a classified 

3 annex. 

4 TITLE III—GENERAL 

5 AUTHORITIES 

6 SEC. 301. PERMANENT AUTHORITY FOR THE NON7 PROLIFERATION, ANTI-TERRORISM, 

8 DIMINING, AND RELATED PROGRAMS AC9 COUNT. 

10 The Foreign Assistance Act of 1961 (22 U.S.C. 2151 

11 et seq.) is amended by adding at the end of part II the 

12 following new chapter: 

13 ‘‘CHAPTER 10—AUTHORIZATION FOR NON14 PROLIFERATION, ANTI-TERRORISM, 

15 DEMINING, AND RELATED PROGRAMS. 

16 ‘‘SEC. 591. CONSOLIDATED ACCOUNT AUTHORIZATION. 

17 ‘‘(a) AUTHORITY.—The President is authorized to es18 tablish a consolidated Nonproliferation, Anti-Terrorism, 

19 Demining, and Related Programs Account for the purpose 

20 of carrying out nonproliferation, anti-terrorism, demining, 

21 and related programs and activities under— 

22 ‘‘(1) chapter 8 of part II of this Act; 

23 ‘‘(2) chapter 9 of part II of this Act; 

24 ‘‘(3) chapter 6 of part II of this Act and section 

25 23 of the Arms Export Control Act (22 U.S.C. 


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1 2763) for demining activities, clearance of 

2 unexploded ordnance, the destruction of small arms 

3 and light weapons, other conventional weapons, asso4 ciated ammunition, and related activities, except 

5 that, notwithstanding any other provision of law, ac6 tivities may be implemented through nongovern7 mental and international organizations, and related 

8 activities; 

9 ‘‘(4) section 504 of the FREEDOM Support 

10 Act (22 U.S.C. 5854) for programs under the Non11 proliferation and Disarmament Fund to promote bi12 lateral and multilateral activities relating to non13 proliferation and disarmament and related activities, 

14 notwithstanding any other provision of law, includ15 ing, when in the national security interests of the 

16 United States, assistance for international organiza17 tions and countries other than the independent 

18 states of the former Soviet Union; and 

19 ‘‘(5) section 301 of this Act.’’. 

20 SEC. 302. FUNDING ALLOCATIONS FOR FISCAL YEAR 2007. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the President for fis23 cal year 2007 $524,430,000 and such sums as may be 

24 necessary for each fiscal year thereafter for the consoli25 dated Nonproliferation, Anti-Terrorism, Demining, and 


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1 Related Programs authorized by section 591 of the For2 eign Assistance Act of 1961, as added by section 301, for 

3 the purpose of carrying out nonproliferation, anti-ter4 rorism, demining, and related programs and activities. 

5 (b) SPECIFICATION OF CERTAIN AMOUNTS.—Of the 

6 amount authorized to be appropriated under subsection 

7 (a) for fiscal year 2007, the following amounts are author8 ized to be appropriated for the following purposes: 

9 (1) Not less than $95,050,000 to carry out ac10 tivities under chapter 9 of part II of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2349bb et seq.); 

12 (2) Not less than $33,600,000 to carry out ac13 tivities under chapter 6 of part II of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2349bb et seq.), 

15 and section 23 of the Arms Export Control Act (22 

16 U.S.C. 2763), for clearance of unexploded ordnance, 

17 the destruction of small arms and light weapons, 

18 MANPADS, and other conventional weapons, includ19 ing tactical missile systems and associated ammuni20 tion, and related activities. Such activities may be 

21 implemented through nongovernmental and inter22 national organizations notwithstanding any other 

23 provision of law. 


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1 (c) AVAILABILITY OF FUNDS.—Amounts appro2 priated under subsection (a) are authorized to remain 

3 available until September 30, 2008. 

4 (d) ADMINISTRATIVE EXPENSES.—There are author5 ized to be appropriated such sums as may be necessary 

6 for administrative expenses related to activities under sub7 section (b)(2). Such amount shall be in addition to funds 

8 otherwise made available for such purposes. 

9 (e) AMOUNTS IN ADDITION TO OTHER AUTHORIZED

10 FUNDS.—Amounts authorized to be appropriated under 

11 this section and section 301 are in addition to amounts 

12 otherwise available for such purposes. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Cooperative Prolifera15 tion Detection, Interdiction Assistance, and Conventional 

16 Threat Reduction Act of 2006’’. 

17 TITLE I—PROLIFERATION 

18 ASSISTANCE COORDINATION 

19 SEC. 101. SHORT TITLE. 

20 This title may be cited as the ‘‘Cooperative Prolifera21 tion Detection and Interdiction Assistance Act of 2006’’. 

22 SEC. 102. FINDINGS. 

23 Congress makes the following findings: 

24 (1) On May 31, 2003, at Wawel Royal Castle, 

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1 nounced a new effort to fight proliferation called the 

2 Proliferation Security Initiative. The Proliferation 

3 Security Initiative enhances cooperation among states 

4 employing legal means to search planes and ships 

5 carrying suspect cargo and to seize illegal weapons or 

6 missile technologies to keep the world’s most destruc7 tive weapons away from our shores and out of the 

8 hands of our common enemies. 

9 (2) Since its inception in 2003, more than 70 

10 countries have participated in or provided support 

11 for the Proliferation Security Initiative. 

12 (3) The Proliferation Security Initiative has led 

13 to the negotiation of bilateral ship boarding agree14 ments designed to facilitate the interdiction of weap15 ons of mass destruction and related materials and 

16 means of delivery. 

17 (4) Security Council Resolution 1540, adopted 

18 unanimously by the United Nations Security Council 

19 on April 28, 2004, calls on all countries to take coop20 erative action to prevent trafficking in weapons of 

21 mass destruction, related materials, and means of de22 livery and dual-use items of proliferation concern. 

23 (5) Security Council Resolution 1540 provides a 

24 basis for developing an internationally accepted prac25 tice regarding criminalization of the trafficking of 


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1 weapons of mass destruction, related materials and 

2 means of delivery. 

3 (6) The Report of the United Nations Secretary 

4 General’s High Level Panel on Threats, Challenges, 

5 and Change, dated September 23, 2003, found that 

6 ‘‘[r]ecent experience of the activities of the A.Q. Khan 

7 network has demonstrated the need for and the value 

8 of measures taken to interdict the illicit and clandes9 tine trade in components for nuclear programs’’. 

10 (7) The Report also welcomes ‘‘the voluntary 

11 Proliferation Security Initiative, under which more 

12 and more states are cooperating to prevent illicit traf13 ficking in nuclear, biological, and chemical weapons’’. 

14 (8) There have been a number of air, land, and 

15 sea interdiction training exercises conducted under 

16 the Proliferation Security Initiative. 

17 (9) The United States provides foreign assistance 

18 to many countries participating in the Proliferation 

19 Security Initiative, including the following types of 

20 assistance: 

21 (A) International narcotics control under 

22 chapter 8 of part I of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2291 et seq.). 


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1 (B) Border control assistance under section 

2 499C of the Foreign Assistance Act of 1961 (22 

3 U.S.C. 2296c). 

4 (C) Military assistance, education, and 

5 training under chapters 2, 3, and 5 of part II 

6 of the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2291 et seq.). 

8 (D) Antiterrorism assistance under chapter 

9 8 of part II of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2291 et seq.). 

11 (E) Nonproliferation and export control as12 sistance under chapter 9 of part II of the For13 eign Assistance Act of 1961 (22 U.S.C. 2934bb et 

14 seq.). 

15 (F) Activities carried out under sections 

16 503 and 504 of the FREEDOM Support Act (22 

17 U.S.C. 5853 and 5854). 

18 (10) Many countries participating in the Pro19 liferation Security Initiative also are provided defense 

20 articles and services and foreign military sales under 

21 the Arms Export Control Act (22 U.S.C. 2751 et seq.), 

22 a purpose of which, as specified in section 4 of the 

23 Act (22 U.S.C. 2754), is to prevent or hinder the pro24 liferation of weapons of mass destruction and the 

25 means of delivering such weapons. 


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1 (11) Congress has specifically authorized the 

2 President to provide countries with proliferation 

3 interdiction assistance under chapter 9 of part II of 

4 the Foreign Assistance Act of 1961 (22 U.S.C. 2394bb 

5 et seq.), which provides that— 

6 (A) the President should ensure that not less 

than 1 7 ⁄4 of the assistance provided under such 

8 chapter is expended for the purpose of enhancing 

9 the capabilities of friendly countries to detect 

10 and interdict proliferation-related shipments of 

11 cargo that originate from, and are destined for, 

12 other countries; and 

13 (B) priority should be given to any friendly 

14 country that has been determined by the Sec15 retary of State to be a country frequently 

16 transited by proliferation-related shipments of 

17 cargo. 

18 (12) Many executive agencies and departments 

19 currently furnish assistance to nations participating 

20 in the Proliferation Security Initiative, including the 

21 following: 

22 (A) Nunn-Lugar/Cooperative Threat Reduc23 tion programs carried out under the Soviet Nu24 clear Threat Reduction Act of 1991 (title II of 

25 Public Law 102–228; 22 U.S.C. 2551 note) and 


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1 the Cooperative Threat Reduction Act of 1993 

2 (title XII of Public Law 103–160; 22 U.S.C. 

3 5951 note). 

4 (B) Ongoing programs and activities of the 

5 Department of Energy authorized under subtitle 

6 C of title XXXI of division C of the Ronald W. 

7 Reagan National Defense Authorization Act for 

8 fiscal year 2005 (Public Law 108–375). 

9 (C) Other programs assisting friendly for10 eign countries in law enforcement, regulatory, 

11 and operational capabilities to enhance the po12 tential of such countries in interdicting weapons 

13 of mass destruction, related materials and means 

14 of delivery, and any dual-use items of prolifera15 tion concern. 

16 (13) While statutory authority exists to assist 

17 friendly foreign countries in meeting the threat posed 

18 by the proliferation of weapons of mass destruction, 

19 related materials and means of delivery, and dual-use 

20 items of proliferation concern, mechanisms for coordi21 nating within the executive branch programs and as22 sistance implemented under those authorities should 

23 be employed fully in order to ensure the most effective 

24 use of United States assistance to train and equip 

25 friendly foreign countries to deal with this threat. 


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1 SEC. 103. PROLIFERATION INTERDICTION SUPPORT PRO2 GRAM. 

3 (a) PROGRAM.—Consistent with section 583 of the For4 eign Assistance Act of 1961 (22 U.S.C. 2349bb–2), as 

5 amended by subsection (c), the President is authorized to 

6 carry out a program to provide assistance to friendly for7 eign countries for proliferation detection and interdiction 

8 activities and for developing complementary capabilities. 

9 (b) REPORT ON EXISTING PROLIFERATION DETECTION

10 AND INTERDICTION ASSISTANCE.— 

11 (1) REPORT REQUIRED.—Not later than 180 

12 days after the date of the enactment of this Act, the 

13 President shall submit to the Committee on Foreign 

14 Relations of the Senate and the Committee on Inter15 national Relations of the House of Representatives a 

16 report on proliferation and interdiction assistance. 

17 (2) CONTENT.—The report required under para18 graph (1) shall— 

19 (A) specify in detail, including program 

20 cost, on a country-by-country basis, the assist21 ance being provided by the Department of State 

22 to train and equip personnel in friendly foreign 

23 countries in the detection and interdiction of 

24 proliferation-related shipments of weapons of 

25 mass destruction, related materials and means of 


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1 delivery, and dual-use items of proliferation con2 cern; and 

3 (B) specify, on an agency-by-agency basis, 

4 funding that is being transferred by the Depart5 ment of State to other executive agencies to carry 

6 out such programs. 

7 (c) INTERDICTION ASSISTANCE AMENDMENTS.—Sec8 tion 583 of the Foreign Assistance Act of 1961 (22 U.S.C. 

9 2349bb–2) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘should ensure that’’ and 

12 inserting ‘‘shall ensure that, beginning in fiscal 

13 year 2007,’’; 

14 (B) by striking ‘‘expended’’ and inserting 

15 ‘‘obligated’’; and 

16 (C) by striking ‘‘that originate from, and 

17 are destined for, other countries’’ and inserting 

18 ‘‘to non-state actors and states of proliferation 

19 concern’’; and 

20 (2) by adding at the end the following new sub21 sections: 

22 ‘‘(c) COOPERATIVE AGREEMENTS.—In order to pro23 mote cooperation regarding the interdiction of weapons of 

24 mass destruction and related materials and delivery sys25 tems, the President is authorized to conclude agreements, 


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1 including reciprocal maritime agreements, with other coun2 tries to facilitate effective measures to prevent the transpor3 tation of such items to non-state actors and states of pro4 liferation concern. 

5 ‘‘(d) DETERMINATION AND NOTICE TO CONGRESS.— 

6 The Secretary of State shall notify the Committee on For7 eign Relations of the Senate and the Committee on Inter8 national Relations of the House of Representatives in writ9 ing not more than 30 days after making a determination 

10 that any friendly country has been determined to be a coun11 try eligible for priority consideration of any assistance 

12 under subsection (a). Such determination shall set forth the 

13 reasons for such determination, and may be submitted in 

14 classified and unclassified form, as necessary.’’. 

(d) FISCAL YEAR 2007 ASSISTANCE.—Not less than 1 15 ⁄4

16 of the amount made available for nonproliferation, anti17 terrorism, demining and related programs and activities 

18 for fiscal year 2007 shall be made available to establish the 

19 program under subsection (a), unless otherwise notified for 

20 nonproliferation or counterproliferation purposes pursuant 

21 to section 634A of the Foreign Assistance Act of 1961 (22 

22 U.S.C. 2394–1). 


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1 TITLE II—CONVENTIONAL ARMS 

2 DISARMAMENT 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Conventional Arms Dis5 armament Act of 2006’’. 

6 SEC. 202. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following findings: 

8 (1) The global proliferation of man-portable air 

9 defense systems (MANPADS) and other conventional 

10 weapons, including tactical missile systems, poses a 

11 direct threat to the national security of the United 

12 States. 

13 (2) The use of MANPADS and other conven14 tional weapons by terrorists and insurgent groups 

15 continues to hamper United States efforts to achieve 

16 peace and security in Iraq and Afghanistan. 

17 (3) The proliferation of conventional weapons, 

18 including tactical missile systems, provides many re19 gimes with a means of income and threatens inter20 national peace and security. 

21 (4) The Government Accountability Office has es22 timated that there are between 500,000 and 750,000 

23 MANPADS in the world. 

24 (5) Many countries that possess stocks of 

25 MANPADS and other conventional weapons, includVerDate Aug 31 2005 20:44 May 26, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S2566.RS S2566

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1 ing tactical missile systems, no longer require such 

2 weapons for their own security or self defense, but do 

3 not possess the means for the elimination or safe4 guarding of such systems. 

5 (6) There is currently no single United States 

6 program designed to promote efforts in other countries 

7 related to conventional arms threat reduction. 

8 (7) The proliferation of conventional weapons in 

9 developing countries that have experienced civil con10 flict threatens political stability and economic devel11 opment in those countries and neighboring countries. 

12 (8) Land mines left over from past conflicts con13 tinue to pose a humanitarian threat and a barrier to 

14 economic development in many countries around the 

15 world. 

16 (b) SENSE OF CONGRESS.—It is the sense of Congress 

17 that— 

18 (1) where appropriate, the United States Govern19 ment should provide assistance to countries seeking to 

20 secure, remove, or eliminate stocks of MANPADS and 

21 other conventional weapons, including tactical missile 

22 systems that pose a proliferation threat; and 

23 (2) given the clear links between global networks 

24 of terrorism and networks of the illicit trade in con25 ventional weapons, the United States Government 


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1 should place consistent, broad, and continued empha2 sis on combating the proliferation of MANPADS and 

3 other conventional weapons, including tactical missile 

4 systems, within the broader nonproliferation strategy 

5 of the United States. 

6 SEC. 203. STATEMENT OF POLICY. 

7 It is the policy of the United States to assist the gov8 ernments of other countries in safeguarding or eliminating 

9 stocks of MANPADS and other conventional weapons, in10 cluding tactical missile systems, that pose a proliferation, 

11 local or regional security, or humanitarian threat. 

12 SEC. 204. GLOBAL PROGRAM FOR THE SAFEGUARDING AND 

13 ELIMINATION OF CONVENTIONAL ARMS. 

14 (a) IN GENERAL.—The Secretary of State is author15 ized to carry out an accelerated global program to secure, 

16 remove, or eliminate stocks of MANPADS, small arms and 

17 light weapons, stockpiled munitions, abandoned ordnance, 

18 and other conventional weapons, including tactical missile 

19 systems (hereafter in this Act referred to as ‘‘MANPADS 

20 and other conventional weapons’’), as well as related equip21 ment and facilities, that are determined by the Secretary 

22 to pose a proliferation threat. 

23 (b) PROGRAM ELEMENTS.—The program authorized 

24 under subsection (a) may include the following activities: 

25 (1) Humanitarian demining activities. 


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1 (2) Programs for the elimination or securing of 

2 MANPADS. 

3 (3) Programs for the elimination or securing of 

4 other conventional weapons. 

5 (4) Programs to assist countries in the safe han6 dling and proper storage of MANPADS and other 

7 conventional weapons. 

8 (5) Cooperative programs with the North Atlan9 tic Treaty Organization and other international orga10 nizations to assist countries in the safe handling and 

11 proper storage or elimination of MANPADS and 

12 other conventional weapons. 

13 (6) The utilization of funds for the elimination 

14 or safeguarding of MANPADS and other conventional 

15 weapons. 

16 (7) Programs for the security and safeguarding 

17 of MANPADS and other conventional weapons. 

18 (8) Actions to ensure that equipment and funds, 

19 including security upgrades at locations for the stor20 age or disposition of MANPADS and other conven21 tional weapons and related equipment that are deter22 mined by the Secretary of State to pose a prolifera23 tion threat, continue to be used for authorized pur24 poses. 


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1 SEC. 205. REPORT ON CONVENTIONAL ARMS THREAT RE2 DUCTION. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of State 

5 shall submit to the Committees on Foreign Relations and 

6 Appropriations of the Senate and the Committees on Inter7 national Relations and Appropriations of the House of 

8 Representatives a report on conventional arms threat reduc9 tion. 

10 (b) CONTENT.—The report required under subsection 

11 (a) shall include the following information: 

12 (1) A description of prior efforts of the Depart13 ment of State regarding conventional arms threat re14 duction. 

15 (2) A description, on a country-by-country basis, 

16 of the implementation of a global strategy for the 

17 elimination or safeguarding of MANPADS and other 

18 conventional weapons, including, to the extent pos19 sible, a prioritization of such elimination and safe20 guarding efforts with respect to the proliferation sen21 sitivity of such weapons in each country and their 

22 potential impact on local and regional security. 

23 (3) An evaluation of the extent to which activi24 ties under this title and other United States Govern25 ment programs are integrated to ensure that the con26 ventional arms threat reduction efforts of the United 


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1 States are consistent with United States policy and 

2 goals in countries receiving assistance through such 

3 activities. 

4 (4) A description of the scope and nature of other 

5 complementary United States programs related to 

6 conventional arms threat reduction, including tactical 

7 missile systems. 

8 (c) FORM.—The report required under subsection (a) 

9 shall be in unclassified form, but may contain a classified 

10 annex. 

11 TITLE III—GENERAL 

12 AUTHORITIES 

13 SEC. 301. PERMANENT AUTHORITY FOR THE NON14 PROLIFERATION, ANTI-TERRORISM, 

15 DEMINING, AND RELATED PROGRAMS AC16 COUNT. 

17 The Foreign Assistance Act of 1961 (22 U.S.C. 2151 

18 et seq.) is amended by adding at the end of part II the 

19 following new chapter: 

20 ‘‘CHAPTER 10—AUTHORIZATION FOR NON21 PROLIFERATION, ANTI-TERRORISM, 

22 DEMINING, AND RELATED PROGRAMS. 

23 ‘‘SEC. 591. CONSOLIDATED ACCOUNT AUTHORIZATION. 

24 ‘‘(a) AUTHORITY.—The President is authorized to es25 tablish a consolidated Nonproliferation, Anti-Terrorism, 


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1 Demining, and Related Programs Account for the purpose 

2 of carrying out nonproliferation, anti-terrorism, demining, 

3 and related programs and activities under— 

4 ‘‘(1) chapter 8 of part II of this Act; 

5 ‘‘(2) chapter 9 of part II of this Act; 

6 ‘‘(3) chapter 6 of part II of this Act and section 

7 23 of the Arms Export Control Act (22 U.S.C. 2763) 

8 for demining activities, clearance of unexploded ord9 nance, the destruction of small arms and light weap10 ons, other conventional weapons, associated ammuni11 tion, and related activities, notwithstanding any 

12 other provision of law, except that activities may be 

13 implemented through nongovernmental and inter14 national organizations, and related activities; 

15 ‘‘(4) section 504 of the FREEDOM Support Act 

16 (22 U.S.C. 5854) for programs under the Non17 proliferation and Disarmament Fund to promote bi18 lateral and multilateral activities relating to non19 proliferation and disarmament and related activities, 

20 notwithstanding any other provision of law, includ21 ing, when in the national security interests of the 

22 United States, assistance for international organiza23 tions and countries other than the independent states 

24 of the former Soviet Union; and 

25 ‘‘(5) section 301 of this Act.’’. 


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1 SEC. 302. FUNDING ALLOCATIONS FOR FISCAL YEAR 2007. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

3 authorized to be appropriated to the President for fiscal 

4 year 2007 $524,430,000 and such sums as may be necessary 

5 for each fiscal year thereafter for the consolidated Non6 proliferation, Anti-Terrorism, Demining, and Related Pro7 grams authorized by section 591 of the Foreign Assistance 

8 Act of 1961, as added by section 301, for the purpose of 

9 carrying out nonproliferation, anti-terrorism, demining, 

10 and related programs and activities. 

11 (b) SPECIFICATION OF CERTAIN AMOUNTS.—Of the 

12 amount authorized to be appropriated under subsection (a) 

13 for fiscal year 2007, the following amounts are authorized 

14 to be appropriated for the following purposes: 

15 (1) Not less than $95,050,000 to carry out activi16 ties under chapter 9 of part II of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2349bb et seq.); 

18 (2) Not less than $33,600,000 to carry out activi19 ties under chapter 6 of part II of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2349bb et seq.), and sec21 tion 23 of the Arms Export Control Act (22 U.S.C. 

22 2763), for clearance of unexploded ordnance, the de23 struction of small arms and light weapons, 

24 MANPADS, and other conventional weapons, includ25 ing tactical missile systems and associated ammuni26 tion, and related activities. Such activities may be 


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1 implemented through nongovernmental and inter2 national organizations notwithstanding any other 

3 provision of law. 

4 (c) AVAILABILITY OF FUNDS.—Amounts appropriated 

5 under subsection (a) are authorized to remain available 

6 until September 30, 2008. 

7 (d) ADMINISTRATIVE EXPENSES.—There are author8 ized to be appropriated such sums as may be necessary for 

9 administrative expenses related to activities under sub10 section (b)(2). Such amount shall be in addition to funds 

11 otherwise made available for such purposes. 

12 (e) AMOUNTS IN ADDITION TO OTHER AUTHORIZED

13 FUNDS.—Amounts authorized to be appropriated under 

14 this section and section 301 are in addition to amounts oth15 erwise available for such purposes. 


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Calendar No. 456 

109TH CONGRESS 

2D SESSION S. 2566 

A BILL 

To provide for coordination of proliferation interdicmament, and for other purposes. tion activities and conventional arms disarMAY 25, 2006 

Reported with an amendment 


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