II 

109TH CONGRESS 

1ST SESSION S. 313

To improve authorities to address urgent nonproliferation crises and United 

States nonproliferation operations. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2005

Mr. LUGAR (for himself, Mr. DOMENICI, Mr. HAGEL, Mr. REED, Mr. BIDEN, 

Mr. LEVIN, Ms. COLLINS, Mr. MCCAIN and Mr. OBAMA) introduced the 

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

Armed Services 

A BILL

To improve authorities to address urgent nonproliferation 

crises and United States nonproliferation operations.

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 ‘‘Nunn-Lugar Coopera5 tive Threat Reduction Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The possession by hostile states or terrorist 

9 groups of nuclear, chemical, and biological weapons 
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1 of mass destruction or related materials or means of 

2 delivery represents the greatest threat to the na3 tional security of the United States in the 21st cen4 tury. 

5 (2) It is the highest priority of the United 

6 States to protect its territory, people, armed forces, 

7 allies, and friends from attacks by dangerous re8 gimes or terrorist groups using weapons of mass de9 struction or related materials or means of delivery. 

10 (3) It is the policy of the United States to en11 sure and strengthen verification and compliance with 

12 the Treaty on the Non-proliferation of Nuclear 

13 Weapons, done at Washington, London, and Moscow 

14 July 1, 1968, and entered into force March 5, 1970 

15 (commonly known as the ‘‘Nuclear Non-Proliferation 

16 Treaty’’), the Convention on the Prohibition of the 

17 Development, Production, Stockpiling and Use of 

18 Chemical Weapons and on Their Destruction, with 

19 Annexes, done at Paris January 13, 1993, and en20 tered into force April 29, 1997 (commonly known as 

21 the ‘‘Chemical Weapons Convention’’), the Conven22 tion on the Prohibition of the Development, Produc23 tion and Stockpiling of Bacteriological (Biological) 

24 and Toxin Weapons and on Their Destruction, done 

25 at Washington, London, and Moscow April 10, 
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1 1972, and entered into force March 26, 1975 (com2 monly known as the ‘‘Biological Weapons Conven3 tion’’), the safeguards system of the International 

4 Atomic Energy Agency (IAEA), and the commit5 ments and control lists of the Missile Technology 

6 Control Regime (MTCR), the Australia Group (AG), 

7 the Nuclear Suppliers Group (NSG), and the 

8 Wassenaar Arrangement on Export Controls for 

9 Conventional Arms and Dual-Use Goods and Tech10 nologies (WA). 

11 (4) The national security interests of the 

12 United States have been well-served by the enact13 ment of the Soviet Nuclear Threat Reduction Act of 

14 1991 (title II of Public Law 102–228; 22 U.S.C. 

15 2551 note), (commonly known as the ‘‘Nunn-Lugar 

16 Act’’), its successor law, the Cooperative Threat Re17 duction Act of 1993 (title XII of Public Law 103–

18 160; 22 U.S.C. 5951 note), and the Defense Against 

19 Weapons of Mass Destruction Act of 1996 (title 

20 XIV of Public Law 104–201; 50 U.S.C. 2301 et 

21 seq.), (commonly known as the ‘‘Nunn-Lugar22 Domenici Act’’). 

23 (5) The Nunn-Lugar Cooperative Threat Re24 duction program has, as of January 2005—

25 (A) deactivated 6,564 nuclear warheads; 
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1 (B) destroyed 568 intercontinental ballistic 

2 missiles; 

3 (C) eliminated 477 intercontinental bal4 listic missile silos; 

5 (D) destroyed 17 mobile intercontinental 

6 ballistic missile launchers; 

7 (E) eliminated 142 bombers; 

8 (F) destroyed 761 nuclear air-to-surface 

9 missiles; 

10 (G) eliminated 420 submarine-launched 

11 ballistic missile launchers; 

12 (H) eliminated 543 submarine-launched 

13 ballistic missiles; 

14 (I) destroyed 28 strategic nuclear sub15 marines; and 

16 (J) sealed 194 nuclear test tunnels or 

17 holes. 

18 (6) On February 11, 2004, President George 

19 W. Bush called for the expansion of the Nunn-Lugar 

20 Cooperative Threat Reduction program, stating: ‘‘I 

21 propose to expand our efforts to keep weapons from 

22 the Cold War and other dangerous materials out of 

23 the wrong hands. In 1991, Congress passed the 

24 Nunn-Lugar legislation. Senator Lugar had a clear 

25 vision, along with Senator Nunn, about what to do
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1 with the old Soviet Union. Under this program, 

2 we’re helping former Soviet states find productive 

3 employment for former weapons scientists. We’re 

4 dismantling, destroying, and securing weapons and 

5 materials left over from the Soviet WMD arsenal. 

6 We have more work to do there.’’

7 SEC. 3. SENSE OF CONGRESS. 

8 It is the sense of Congress that—

9 (1) all United States capabilities must be uti10 lized to prevent acts of catastrophic terrorism using 

11 weapons of mass destruction or related materials or 

12 means of delivery; 

13 (2) in order to prevent acts of catastrophic ter14 rorism using weapons of mass destruction or related 

15 materials or means of delivery, the United States 

16 must pursue a strategy making full and effective use 

17 of multilateral and bilateral agreements, missile de18 fense, arms control, threat reduction assistance, 

19 interdiction efforts, export controls, and United 

20 States proliferation sanctions; 

21 (3) the United States must not allow the 

22 world’s most dangerous weapons to fall into the 

23 hands of dangerous regimes and terrorist groups; 

24 (4) the United States must hold nations ac25 countable for all violations of international non-
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1 proliferation treaties, norms, and standards of con2 duct, and to the extent that it is consistent with 

3 United States law and policy, provide assistance to 

4 ensure that such treaties, norms, and standards of 

5 conduct are upheld rather than violated; and 

6 (5) the President must be provided the author7 ity to use Nunn-Lugar Cooperative Threat Reduc8 tion funds in a manner consistent with the high 

9 value Congress and the President have placed on Co10 operative Threat Reduction programs to reduce the 

11 threat posed to the national security of the United 

12 States and international peace and security by the 

13 proliferation of weapons of mass destruction or re14 lated materials or means of delivery. 

15 SEC. 4. COOPERATIVE THREAT REDUCTION PROGRAMS DE16 FINED. 

17 In this Act, the term ‘‘Cooperative Threat Reduction 

18 programs’’ means programs and activities specified in sec19 tion 1501(b) of the National Defense Authorization Act 

20 for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 

21 2731; 50 U.S.C. 2362 note). 

22 SEC. 5. REPEAL OF RESTRICTIONS. 

23 (a) SOVIET NUCLEAR THREAT REDUCTION ACT OF

24 1991.—Section 211(b) of the Soviet Nuclear Threat Re-
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1 duction Act of 1991 (title II of Public Law 102–228; 22 

2 U.S.C. 2551 note) is repealed.

3 (b) COOPERATIVE THREAT REDUCTION ACT OF

4 1993.—Section 1203(d) of the Cooperative Threat Reduc5 tion Act of 1993 (title XII of Public Law 103–160; 22 

6 U.S.C. 5952(d)) is repealed. 

7 (c) RUSSIAN CHEMICAL WEAPONS DESTRUCTION

8 FACILITIES.—Section 1305 of the National Defense Au9 thorization Act for Fiscal Year 2000 (Public Law 106–

10 65; 22 U.S.C. 5952 note) is repealed. 

11 SEC. 6. INAPPLICABILITY OF OTHER RESTRICTIONS. 

12 Section 502 of the Freedom for Russia and Emerging 

13 Eurasian Democracies and Open Markets Support Act of 

14 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C. 

15 5852) shall not apply to any Cooperative Threat Reduc16 tion program. 

17 SEC. 7. EXEMPTION FROM LIMITATIONS. 

18 Cooperative Threat Reduction programs may be car19 ried out notwithstanding any other provision of law, sub20 ject to congressional notification and reporting require21 ments that apply to the use of funds available for Coopera22 tive Threat Reduction programs or the carrying out of 

23 projects or activities under such programs. 
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1 SEC. 8. MODIFICATIONS OF AUTHORITY TO USE COOPERA2 TIVE THREAT REDUCTION PROGRAM FUNDS 

3 OUTSIDE THE FORMER SOVIET UNION. 

4 Section 1308 of the National Defense Authorization 

5 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

6 1662; 22 U.S.C. 5963) is amended—

7 (1) by striking ‘‘President’’ each place it ap8 pears and inserting ‘‘Secretary of Defense’’; 

9 (2) in subsection (a)—

10 (A) by striking paragraph (2); and 

11 (B) by striking ‘‘each of the following’’ and 

12 all that follows through the end and inserting 

13 the following: ‘‘that such project or activity 

14 will—

15 ‘‘(1)(A) assist the United States in the resolu16 tion of a critical emerging proliferation threat; or 

17 ‘‘(B) permit the United States to take advan18 tage of opportunities to achieve long-standing non19 proliferation goals; and 

20 ‘‘(2) be completed in a short period of time.’’; 

21 (3) by striking subsections (c) and (d); and 

22 (4) by redesignating subsection (e) as sub23 section (c). 
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1 SEC. 9. SPECIAL REPORTS ON ADHERENCE TO ARMS CON2 TROL AGREEMENTS AND NONPROLIFERA3 TION COMMITMENTS. 

4 (a) REPORTS REQUIRED.—At least annually, the 

5 Secretary of State shall submit to the Committee on For6 eign Relations and the Committee on Appropriations of 

7 the Senate and the Committee on International Relations 

8 and the Committee on Appropriations of the House of 

9 Representatives a report on each country in which a Coop10 erative Threat Reduction program is being carried out. 

11 The report shall describe that country’s commitments to—

12 (1) making substantial national investments in 

13 infrastructure to secure, safeguard, and destroy 

14 weapons of mass destruction; 

15 (2) forgoing any military modernization exceed16 ing legitimate defense requirements, including re17 placement of weapons of mass destruction; 

18 (3) forgoing any use of fissionable materials or 

19 any other components of deactivated nuclear weap20 ons in a new nuclear weapons program; 

21 (4) complying with all relevant arms control 

22 agreements; 

23 (5) adopting and enforcing national and inter24 national export controls over munitions and dual-use 

25 items; and 
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1 (6) facilitating the verification by the United 

2 States and international community of that coun3 try’s adherence to such commitments. 

4 (b) FORM.—The reports required under subsection 

5 (a) may be submitted with the reports required under sec6 tion 403 of the Arms Control and Disarmament Act (Pub7 lic Law 87–297; 22 U.S.C. 2593a).

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