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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1949

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2005

 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.

    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 ``Cooperative Proliferation Detection, 
Interdiction Assistance, and Conventional Threat Reduction Act of 
2005''.

             TITLE I--PROLIFERATION ASSISTANCE COORDINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Cooperative Proliferation 
Detection and Interdiction Assistance Act of 2005''.

SEC. 102. FINDINGS.

    Congress makes the following findings:
            (1) On May 31, 2003, at Wawel Royal Castle, Krakow, Poland, 
        the United States and its allies announced a new effort to 
        fight proliferation called the Proliferation Security 
        Initiative. The Proliferation Security Initiative creates legal 
        means to search planes and ships carrying suspect cargo and to 
        seize illegal weapons or missile technologies to keep the 
        world's most destructive weapons away from our shores and out 
        of the hands of our common enemies.
            (2) Since its inception in 2003, more than 60 countries 
        have participated in or provided support for the Proliferation 
        Security Initiative.
            (3) The Proliferation Security Initiative has led to the 
        negotiation of bilateral ship boarding agreements designed to 
        facilitate the interdiction of weapons of mass destruction and 
        related materials and means of delivery and dual-use items of 
        proliferation concern.
            (4) Security Council Resolution 1540, adopted unanimously 
        by the United Nations Security Council on April 28, 2004, calls 
        on all countries to take cooperative action to prevent 
        trafficking in weapons of mass destruction, related materials, 
        and means of delivery and dual-use items of proliferation 
        concern.
            (5) Security Council Resolution 1540 provides a basis for 
        the establishment of an internationally accepted practice 
        regarding criminalization of the trafficking of weapons of mass 
        destruction, related materials and means of delivery, and dual-
        use items of proliferation concern.
            (6) The Report of the United Nations Secretary General's 
        High Level Panel on Threats, Challenges, and Change, dated 
        September 23, 2003, found that ``[r]ecent experience of the 
        activities of the A.Q. Khan network has demonstrated the need 
        for and the value of measures taken to interdict the illicit 
        and clandestine trade in components for nuclear programs''.
            (7) The Report also welcomes ``the voluntary Proliferation 
        Security Initiative, under which more and more states are 
        cooperating to prevent illicit trafficking in nuclear, 
        biological, and chemical weapons''.
            (8) There have been a number of air, land, and sea 
        interdiction training exercises conducted under the 
        Proliferation Security Initiative.
            (9) The United States provides foreign assistance to many 
        countries participating in the Proliferation Security 
        Initiative, including the following types of assistance:
                    (A) International narcotics control under chapter 8 
                of part I of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2291 et seq.).
                    (B) Border control assistance under section 499C of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2296c).
                    (C) Military assistance, education, and training 
                under chapters 2, 3, and 5 of part II of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2291 et seq.).
                    (D) Antiterrorism assistance under chapter 8 of 
                part II of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2291 et seq.).
                    (E) Nonproliferation and export control assistance 
                under chapter 9 of part II of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2934bb et seq.).
                    (F) Activities carried out under sections 503 and 
                504 of the FREEDOM Support Act (22 U.S.C. 5853 and 
                5854).
            (10) Many countries participating in the Proliferation 
        Security Initiative also are provided defense articles and 
        services and foreign military sales under the Arms Export 
        Control Act (22 U.S.C. 2751 et seq.), a purpose of which, as 
        specified in section 4 of the Act (22 U.S.C. 2754), is to 
        prevent or hinder the proliferation of weapons of mass 
        destruction and the means of delivering such weapons.
            (11) Congress has specifically authorized the President to 
        provide countries with proliferation interdiction assistance 
        under chapter 9 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2394bb et seq.), which provides that--
                    (A) the President should ensure that not less than 
                \1/4\ of the assistance provided under such chapter is 
                expended for the purpose of enhancing the capabilities 
                of friendly countries to detect and interdict 
                proliferation-related shipments of cargo that originate 
                from, and are destined for, other countries; and
                    (B) priority should be given to any friendly 
                country that has been determined by the Secretary of 
                State to be a country frequently transited by 
                proliferation-related shipments of cargo.
            (12) Many executive agencies and departments currently 
        furnish assistance to nations participating in the 
        Proliferation Security Initiative, including the following:
                    (A) Nunn-Lugar/Cooperative Threat Reduction 
                programs carried out under the Soviet Nuclear Threat 
                Reduction Act of 1991 (title II of Public Law 102-228; 
                22 U.S.C. 2551 note) and the Cooperative Threat 
                Reduction Act of 1993 (title XII of Public Law 103-160; 
                22 U.S.C. 5951 note).
                    (B) Ongoing programs and activities of the 
                Department of Energy authorized under subtitle C of 
                title XXXI of division C of the Ronald W. Reagan 
                National Defense Authorization Act for fiscal year 2005 
                (Public Law 108-375).
                    (C) Other programs assisting friendly foreign 
                countries in law enforcement, regulatory, and 
                operational capabilities to enhance the potential of 
                such countries in interdicting weapons of mass 
                destruction, related materials and means of delivery, 
                and any dual-use items of proliferation concern.
            (13) While statutory authority exists to assist friendly 
        foreign countries in meeting the threat posed by the 
        proliferation of weapons of mass destruction, related materials 
        and means of delivery, and dual-use items of proliferation 
        concern, there is no mechanism for coordinating within the 
        executive branch programs and assistance implemented under 
        those authorities in order to ensure the most effective use of 
        United States assistance to train and equip friendly foreign 
        countries to deal with this threat.
            (14) There is need for the establishment in the executive 
        branch of a plan and program for coordinating and implementing 
        proliferation detection and interdiction assistance.

SEC. 103. PROLIFERATION INTERDICTION SUPPORT PROGRAM.

    (a) Program.--Consistent with section 583 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2349bb-2), as amended by subsection (c), the 
President is authorized to establish a program to provide assistance to 
friendly foreign countries for proliferation detection and interdiction 
activities.
    (b) Report on Existing Proliferation Detection and Interdiction 
Assistance.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to the Committee on Foreign Relations of the Senate and the 
        Committee on International Relations of the House of 
        Representatives a report on proliferation and interdiction 
        assistance.
            (2) Content.--The report required under paragraph (1) 
        shall--
                    (A) specify in detail, including program cost, on a 
                country-by-country basis, the assistance being provided 
                by the Department of State to train and equip personnel 
                in friendly foreign countries in the detection and 
                interdiction of proliferation-related shipments of 
                weapons of mass destruction, related materials and 
                means of delivery, and dual-use items of proliferation 
                concern; and
                    (B) specify, on an agency-by-agency basis, funding 
                that is being transferred by the Department of State to 
                other executive agencies to carry out such programs.
    (c) Interdiction Assistance Amendments.--Section 583 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2349bb-2) is amended--
            (1) in subsection (a)--
                    (A) by striking ``should ensure that'' and 
                inserting ``shall ensure that, beginning in fiscal year 
                2007,'';
                    (B) by striking ``expended'' and inserting 
                ``obligated''; and
                    (C) by striking ``that originate from, and are 
                destined for, other countries'' and inserting ``to 
                states and non-state actors of proliferation concern''; 
                and
            (2) by adding at the end the following new subsections:
    ``(c) Cooperative Agreements.--In order to promote cooperation 
regarding the interdiction of weapons of mass destruction and related 
materials and delivery systems, the President is authorized to conclude 
agreements, including reciprocal maritime agreements, with other 
countries to facilitate effective measures to prevent the 
transportation of such items to states and non-state actors of 
proliferation concern.
    ``(d) Determination and Notice to Congress.--The Secretary of State 
shall notify the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives in 
writing not more than 30 days after making a determination that any 
friendly country has been determined to be a country eligible for 
priority consideration of any assistance under subsection (b). Such 
determination shall set forth the reasons for such determination, and 
may be submitted in classified and unclassified form, as necessary.''.
    (d) Fiscal Year 2006 Assistance.--Not less than \1/4\ of the amount 
made available for nonproliferation, anti-terrorism, demining and 
related programs and activities for fiscal year 2006 shall be made 
available to establish the program under subsection (a).

SEC. 104. OFFICE OF PROLIFERATION DETECTION AND INTERDICTION ASSISTANCE 
              COORDINATION.

    (a) Establishment.--There is established within the Department of 
State an Office of Proliferation Detection and Interdiction Assistance 
Coordination. The principal duties of such office are to plan and 
administer programs to carry out activities under section 103.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President such sums as may be necessary to 
establish and operate the Office of Proliferation Detection and 
Interdiction Assistance Coordination.

SEC. 105. REPORT ON FRIENDLY COUNTRIES FREQUENTLY TRANSITED BY 
              PROLIFERATION-RELATED SHIPMENTS OF CARGO.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives a report--
            (1) listing any friendly foreign countries for which the 
        Secretary of State has made a determination under section 
        583(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
        2(b)); and
            (2) stating whether, pursuant to section 583(a) of such Act 
        (22 U.S.C. 2349bb-2(a)), \1/4\ of any assistance provided to 
        such countries under chapter 9 of part II of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2349bb et seq.) has been 
        obligated for the purposes authorized in that section and, if 
        not, the reasons therefor.

SEC. 106. PERMANENT AUTHORITY TO USE NONPROLIFERATION AND DISARMAMENT 
              FUND FOR ACTIVITIES OUTSIDE INDEPENDENT STATES OF THE 
              FORMER SOVIET UNION.

    Activities authorized to be carried out under the Nonproliferation 
and Disarmament Fund in the independent states of the former Soviet 
Union under section 504 of the FREEDOM Support Act (22 U.S.C. 5854) may 
also be carried out in countries other than the independent states of 
the former Soviet Union and with respect to international organizations 
when such activities are in the national security interest of the 
United States.

SEC. 107. USE OF MILITARY ASSISTANCE FOR PROLIFERATION INTERDICTION OR 
              DETECTION.

    (a) Relationship of Military Assistance to Proliferation 
Interdiction or Detection.--At the end of chapter 2 of part 2 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) insert the 
following new section:

``SEC. 518. ALLOCATION OF FUNDS.

    ``(a) In General.--In carrying out the provisions of this chapter, 
the President should ensure that, when it is in the national security 
interest of the United States, not less than one-quarter of the 
assistance furnished under this chapter will enhance the capabilities 
of friendly foreign countries to detect or interdict the illicit 
trafficking of weapons of mass destruction, related materials, and 
means of delivery and dual-use items of proliferation concern.
    ``(b) Exception.--The President shall not, for puposes of 
compliance with subsection (a), modify in any way the allocation of 
funds under this chapter made pursuant to any peace accord.''.
    (b) Report on Military Assistance and Proliferation Interdiction or 
Detection.--
            (1) Requirement for report.--The President shall prepare a 
        report regarding the uses of military assistance for the 
        purpose of training and equipping friendly foreign countries in 
        the detection or interdiction of weapons of mass destruction, 
        related materials, and means of delivery and related dual-use 
        items of proliferation concern. The President shall submit such 
        report together with the report submitted pursuant to section 
        25 of the Arms Export Control Act (22 U.S.C. 2765) for calendar 
        year 2005.
            (2) Content.--The report regarding the uses of military 
        assistance required by paragraph (1) shall include--
                    (A) an examination of the extent to which the 
                annual allocations of military assistance under part II 
                of chapter 2 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2311 et seq.) takes into account the 
                capabilities of friendly foreign countries to detect or 
                interdict the illicit trafficking of weapons of mass 
                destruction, related materials, and means of delivery 
                and dual-use items of proliferation concern; and
                    (B) an assessment of the extent to which equipment 
                furnished to friendly foreign countries under foreign 
                military sales have contributed to detection or 
                interdiction capabilities of such countries.

SEC. 108. REPEAL OF OBSOLETE AUTHORITY.

    Section 586 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349bb-4) is repealed.

                TITLE II--CONVENTIONAL ARMS DISARMAMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Conventional Arms Disarmament Act 
of 2005''.

SEC. 202. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The global proliferation of man-portable air defense 
        systems (MANPADS), other conventional weapons, and tactical 
        missile systems poses a direct threat to the national security 
        of the United States.
            (2) The use of MANPADS and other conventional weapons by 
        terrorists and insurgent groups continues to hamper United 
        States efforts to achieve peace and security in Iraq and 
        Afghanistan.
            (3) The proliferation of tactical missile systems provides 
        many regimes with a means of income and threatens international 
        peace and security.
            (4) The Government Accountability Office has estimated that 
        there are between 500,000 and 750,000 MANPADS in the world.
            (5) Many countries that possess stocks of MANPADS, other 
        conventional weapons, and tactical missile systems no longer 
        require such weapons for their own security or self defense, 
        but do not possess the means for the elimination or 
        safeguarding of such systems.
            (6) There is currently no single United States program 
        designed to promote efforts in other countries related to 
        conventional arms threat reduction and the elimination of 
        tactical missiles.
            (7) The Department of State has not used the 
        Nonproliferation and Disarmament Fund for any activity to 
        eliminate any tactical missile systems since 2002.
            (8) The proliferation of conventional weapons in developing 
        countries that have experienced civil conflict threatens 
        political stability and economic development in those countries 
        and neighboring countries.
            (9) Land mines left over from past conflicts continue to 
        pose a humanitarian threat and a barrier to economic 
        development in many countries around the world.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) where appropriate, the United States Government should 
        provide assistance to countries seeking to secure, remove, or 
        eliminate stocks of MANPADS, other conventional weapons, and 
        tactical missile systems that pose a proliferation threat; and
            (2) given the clear links between global networks of 
        terrorism and networks of the illicit trade in conventional 
        weapons, the United States Government should place consistent, 
        broad, and continued emphasis on combating the proliferation of 
        MANPADS, other conventional weapons, and tactical missile 
        systems within the broader nonproliferation strategy of the 
        United States.

SEC. 203. STATEMENT OF POLICY.

    It is the policy of the United States to assist the governments of 
other countries in safeguarding or eliminating stocks of MANPADS, other 
conventional weapons, and tactical missile systems that pose a 
proliferation, local or regional security, or humanitarian threat.

SEC. 204. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF 
              CONVENTIONAL ARMS.

    (a) In General.--The Secretary of State is authorized to carry out 
an accelerated global program to secure, remove, or eliminate stocks of 
MANPADS, other conventional weapons, and tactical missile systems, as 
well as related equipment and facilities, that are determined by the 
Secretary to pose a proliferation threat.
    (b) Program Elements.--The program authorized under subsection (a) 
may include the following activities:
            (1) Humanitarian demining activities.
            (2) Programs for the elimination or securing of tactical 
        missile systems.
            (3) Programs for the elimination or securing of MANPADS.
            (4) Activities to destroy other conventional weapons.
            (5) Programs to assist countries in the safe handling and 
        proper storage of MANPADS, other conventional weapons, and 
        tactical missile systems.
            (6) Cooperative programs with the North Atlantic Treaty 
        Organization and other international organizations to assist 
        countries in the safe handling and proper storage or 
        elimination of MANPADS, other conventional weapons, and 
        tactical missile systems.
            (7) The utilization of funds for the elimination or 
        safeguarding of MANPADS, other conventional weapons, and 
        tactical missile systems.
            (8) The management of MANPADS, other conventional weapons, 
        and tactical missile systems at locations where United States 
        funds have been used to provide for the security of such 
        weapons.
            (9) Actions to ensure that equipment and funds, including 
        security upgrades at locations for the storage or disposition 
        of MANPADS, other conventional weapons, tactical missile 
        systems, and related equipment that are determined by the 
        Secretary of State to pose a proliferation threat, continue to 
        be used for authorized purposes.

SEC. 205. REDESIGNATION OF OFFICE OF WEAPONS REMOVAL AND ABATEMENT AS 
              OFFICE OF CONVENTIONAL ARMS THREAT REDUCTION.

    (a) Redesignation.--The Office of Weapons Removal and Abatement of 
the Department of State is redesignated the Office of Conventional Arms 
Threat Reduction. The principal duties of the office are to formulate 
policy on conventional arms threat reduction and to plan and administer 
programs for carrying out activities under section 204.
    (b) Reference.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Office of Weapons 
Removal and Abatement referred to in subsection (a) shall be deemed to 
be a reference to the Office of Conventional Arms Threat Reduction.

SEC. 206. REPORT ON CONVENTIONAL ARMS THREAT REDUCTION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Foreign Relations and Appropriations of the Senate and 
the Committees on International Relations and Appropriations of the 
House of Representatives a report on conventional arms threat 
reduction.
    (b) Content.--The report required under subsection (a) shall 
include the following information:
            (1) A description of prior efforts of the Department of 
        State regarding conventional arms threat reduction.
            (2) A description of the progress made in initiating the 
        operations of the Office of Conventional Arms Threat Reduction, 
        as redesignated under section 205.
            (3) A description, on a country-by-country basis, of the 
        implementation of a global strategy for the elimination or 
        safeguarding of MANPADS, other conventional weapons, and 
        tactical missile systems, including, to the extent possible, a 
        prioritization of such elimination and safeguarding efforts 
        with respect to the proliferation sensitivity of such weapons 
        in each country and their potential impact on local and 
        regional security.
            (4) An evaluation of the extent to which activities under 
        this title and other United States Government programs are 
        integrated to ensure that the conventional arms threat 
        reduction efforts of the United States are consistent with 
        United States policy and goals in countries receiving 
        assistance through such activities.
            (5) A description of the scope and nature of United States 
        programs related to the elimination of tactical missile 
        systems, in particular, efforts under the Nonproliferation and 
        Disarmament Fund regarding the elimination of such systems.
    (c) Form.--The report required under subsection (a) shall be in 
unclassified form, but may contain a classified annex.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $20,000,000 
for Nonproliferation, Anti-Terrorism, Demining, and Related Programs 
for fiscal year 2006 for activities related to the securing, removal, 
or elimination of stocks of MANPADS, other conventional weapons, 
tactical missile systems, and related equipment and facilities.
    (b) Limitation.--Of the funds made available under subsection (a), 
not more than $10,000,000 may be obligated until the Secretary submits 
to the Committees on Foreign Relations and Appropriations of the Senate 
and the Committees on International Relations and Appropriations of the 
House of Representatives the report required under section 206.

SEC. 208. NONPROLIFERATION AND DISARMAMENT FUND DEFINED.

    In this title, the term ``Nonproliferation and Disarmament Fund'' 
means the Nonproliferation and Disarmament Fund established under 
section 504 of the FREEDOM Support Act (22 U.S.C. 5854).
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