II 

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 and Mr. OBAMA) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cooperative Prolifera5 tion Detection, Interdiction Assistance, and Conventional 

6 Threat Reduction Act of 2006’’. 


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1 TITLE I—PROLIFERATION 

2 ASSISTANCE COORDINATION 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Cooperative Prolifera5 tion Detection and Interdiction Assistance Act of 2006’’. 

6 SEC. 102. FINDINGS. 

7 Congress makes the following findings: 

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

9 Krakow, Poland, the United States and its allies an10 nounced a new effort to fight proliferation called the 

11 Proliferation Security Initiative. The Proliferation 

12 Security Initiative enhances cooperation among 

13 states employing legal means to search planes and 

14 ships carrying suspect cargo and to seize illegal 

15 weapons or missile technologies to keep the world’s 

16 most destructive weapons away from our shores and 

17 out of the hands of our common enemies. 

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

19 countries have participated in or provided support 

20 for the Proliferation Security Initiative. 

21 (3) The Proliferation Security Initiative has led 

22 to the negotiation of bilateral ship boarding agree23 ments designed to facilitate the interdiction of weap24 ons of mass destruction and related materials and 

25 means of delivery. 


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1 (4) Security Council Resolution 1540, adopted 

2 unanimously by the United Nations Security Council 

3 on April 28, 2004, calls on all countries to take co4 operative action to prevent trafficking in weapons of 

5 mass destruction, related materials, and means of 

6 delivery and dual-use items of proliferation concern. 

7 (5) Security Council Resolution 1540 provides a 

8 basis for developing an internationally accepted 

9 practice regarding criminalization of the trafficking 

10 of weapons of mass destruction, related materials 

11 and means of delivery. 

12 (6) The Report of the United Nations Secretary 

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

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

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

16 Khan network has demonstrated the need for and 

17 the value of measures taken to interdict the illicit 

18 and clandestine trade in components for nuclear pro19 grams’’. 

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

21 Proliferation Security Initiative, under which more 

22 and more states are cooperating to prevent illicit 

23 trafficking in nuclear, biological, and chemical weap24 ons’’. 


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

2 sea interdiction training exercises conducted under 

3 the Proliferation Security Initiative. 

4 (9) The United States provides foreign assist5 ance to many countries participating in the Pro6 liferation Security Initiative, including the following 

7 types of assistance: 

8 (A) International narcotics control under 

9 chapter 8 of part I of the Foreign Assistance 

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

11 (B) Border control assistance under sec12 tion 499C of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2296c). 

14 (C) Military assistance, education, and 

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

16 of the Foreign Assistance Act of 1961 (22 

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

18 (D) Antiterrorism assistance under chapter 

19 8 of part II of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2291 et seq.). 

21 (E) Nonproliferation and export control as22 sistance under chapter 9 of part II of the For23 eign Assistance Act of 1961 (22 U.S.C. 2934bb 

24 et seq.). 


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1 (F) Activities carried out under sections 

2 503 and 504 of the FREEDOM Support Act 

3 (22 U.S.C. 5853 and 5854). 

4 (10) Many countries participating in the Pro5 liferation Security Initiative also are provided de6 fense articles and services and foreign military sales 

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

8 2751 et seq.), a purpose of which, as specified in 

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

10 or hinder the proliferation of weapons of mass de11 struction and the means of delivering such weapons. 

12 (11) Congress has specifically authorized the 

13 President to provide countries with proliferation 

14 interdiction assistance under chapter 9 of part II of 

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

16 2394bb et seq.), which provides that— 

17 (A) the President should ensure that not 

less than 1 18 ⁄4 of the assistance provided under 

19 such chapter is expended for the purpose of en20 hancing the capabilities of friendly countries to 

21 detect and interdict proliferation-related ship22 ments of cargo that originate from, and are 

23 destined for, other countries; and 

24 (B) priority should be given to any friendly 

25 country that has been determined by the SecVerDate Aug 31 2005 05:26 Apr 08, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2566.IS S2566

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1 retary of State to be a country frequently 

2 transited by proliferation-related shipments of 

3 cargo. 

4 (12) Many executive agencies and departments 

5 currently furnish assistance to nations participating 

6 in the Proliferation Security Initiative, including the 

7 following: 

8 (A) Nunn-Lugar/Cooperative Threat Re9 duction programs carried out under the Soviet 

10 Nuclear Threat Reduction Act of 1991 (title II 

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

12 and the Cooperative Threat Reduction Act of 

13 1993 (title XII of Public Law 103–160; 22 

14 U.S.C. 5951 note). 

15 (B) Ongoing programs and activities of the 

16 Department of Energy authorized under sub17 title C of title XXXI of division C of the Ronald 

18 W. Reagan National Defense Authorization Act 

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

20 (C) Other programs assisting friendly for21 eign countries in law enforcement, regulatory, 

22 and operational capabilities to enhance the po23 tential of such countries in interdicting weapons 

24 of mass destruction, related materials and 


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

2 proliferation concern. 

3 (13) While statutory authority exists to assist 

4 friendly foreign countries in meeting the threat 

5 posed by the proliferation of weapons of mass de6 struction, related materials and means of delivery, 

7 and dual-use items of proliferation concern, mecha8 nisms for coordinating within the executive branch 

9 programs and assistance implemented under those 

10 authorities should be employed fully in order to en11 sure the most effective use of United States assist12 ance to train and equip friendly foreign countries to 

13 deal with this threat. 

14 SEC. 103. PROLIFERATION INTERDICTION SUPPORT PRO15 GRAM. 

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

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

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

19 to carry out a program to provide assistance to friendly 

20 foreign countries for proliferation detection and interdic21 tion activities and for developing complementary capabili22 ties. 

23 (b) REPORT ON EXISTING PROLIFERATION DETEC24 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 05:26 Apr 08, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2566.IS 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. 

Æ 


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