II 

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. 

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 2005’’. 
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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 2005’’. 

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 creates legal means to search 

13 planes and ships carrying suspect cargo and to seize 

14 illegal weapons or missile technologies to keep the 

15 world’s most destructive weapons away from our 

16 shores and out of the hands of our common enemies. 

17 (2) Since its inception in 2003, more than 60 

18 countries have participated in or provided support 

19 for the Proliferation Security Initiative. 

20 (3) The Proliferation Security Initiative has led 

21 to the negotiation of bilateral ship boarding agree22 ments designed to facilitate the interdiction of weap23 ons of mass destruction and related materials and 

24 means of delivery and dual-use items of proliferation 

25 concern. 
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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 the establishment of an internationally ac9 cepted practice regarding criminalization of the traf10 ficking of weapons of mass destruction, related ma11 terials and means of delivery, and dual-use items of 

12 proliferation concern. 

13 (6) The Report of the United Nations Secretary 

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

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

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

17 Khan network has demonstrated the need for and 

18 the value of measures taken to interdict the illicit 

19 and clandestine trade in components for nuclear pro20 grams’’. 

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

22 Proliferation Security Initiative, under which more 

23 and more states are cooperating to prevent illicit 

24 trafficking in nuclear, biological, and chemical weap25 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 Sec-
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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, there is 

8 no mechanism for coordinating within the executive 

9 branch programs and assistance implemented under 

10 those authorities in order to ensure the most effec11 tive use of United States assistance to train and 

12 equip friendly foreign countries to deal with this 

13 threat. 

14 (14) There is need for the establishment in the 

15 executive branch of a plan and program for coordi16 nating and implementing proliferation detection and 

17 interdiction assistance. 

18 SEC. 103. PROLIFERATION INTERDICTION SUPPORT PRO19 GRAM. 

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

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

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

23 to establish a program to provide assistance to friendly 

24 foreign countries for proliferation detection and interdic25 tion activities. 
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1 (b) REPORT ON EXISTING PROLIFERATION DETEC2 TION AND INTERDICTION ASSISTANCE.— 

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

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

5 President shall submit to the Committee on Foreign 

6 Relations of the Senate and the Committee on Inter7 national Relations of the House of Representatives 

8 a report on proliferation and interdiction assistance. 

9 (2) CONTENT.—The report required under 

10 paragraph (1) shall— 

11 (A) specify in detail, including program 

12 cost, on a country-by-country basis, the assist13 ance being provided by the Department of State 

14 to train and equip personnel in friendly foreign 

15 countries in the detection and interdiction of 

16 proliferation-related shipments of weapons of 

17 mass destruction, related materials and means 

18 of delivery, and dual-use items of proliferation 

19 concern; and 

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

21 funding that is being transferred by the De22 partment of State to other executive agencies to 

23 carry out such programs. 
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1 (c) INTERDICTION ASSISTANCE AMENDMENTS.—Sec2 tion 583 of the Foreign Assistance Act of 1961 (22 U.S.C. 

3 2349bb–2) is amended— 

4 (1) in subsection (a)— 

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

6 inserting ‘‘shall ensure that, beginning in fiscal 

7 year 2007,’’; 

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

9 ‘‘obligated’’; and 

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

11 are destined for, other countries’’ and inserting 

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

13 concern’’; and 

14 (2) by adding at the end the following new sub15 sections: 

16 ‘‘(c) COOPERATIVE AGREEMENTS.—In order to pro17 mote cooperation regarding the interdiction of weapons of 

18 mass destruction and related materials and delivery sys19 tems, the President is authorized to conclude agreements, 

20 including reciprocal maritime agreements, with other 

21 countries to facilitate effective measures to prevent the 

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

23 of proliferation concern. 

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

25 The Secretary of State shall notify the Committee on For-
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1 eign Relations of the Senate and the Committee on Inter2 national Relations of the House of Representatives in writ3 ing not more than 30 days after making a determination 

4 that any friendly country has been determined to be a 

5 country eligible for priority consideration of any assistance 

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

7 the reasons for such determination, and may be submitted 

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

9 (d) FISCAL YEAR 2006 ASSISTANCE.—Not less than 

1 10 ⁄4 of the amount made available for nonproliferation, anti11 terrorism, demining and related programs and activities 

12 for fiscal year 2006 shall be made available to establish 

13 the program under subsection (a). 

14 SEC. 104. OFFICE OF PROLIFERATION DETECTION AND 

15 INTERDICTION ASSISTANCE COORDINATION. 

16 (a) ESTABLISHMENT.—There is established within 

17 the Department of State an Office of Proliferation Detec18 tion and Interdiction Assistance Coordination. The prin19 cipal duties of such office are to plan and administer pro20 grams to carry out activities under section 103. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the President such 

23 sums as may be necessary to establish and operate the 

24 Office of Proliferation Detection and Interdiction Assist25 ance Coordination. 
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1 SEC. 105. REPORT ON FRIENDLY COUNTRIES FREQUENTLY 

2 TRANSITED BY PROLIFERATION-RELATED 

3 SHIPMENTS OF CARGO. 

4 Not later than 60 days after the date of the enact5 ment of this Act, the Secretary of State shall submit to 

6 the Committee on Foreign Relations of the Senate and 

7 the Committee on International Relations of the House 

8 of Representatives a report— 

9 (1) listing any friendly foreign countries for 

10 which the Secretary of State has made a determina11 tion under section 583(b) of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2349bb–2(b)); and 

13 (2) stating whether, pursuant to section 583(a) 

of such Act (22 U.S.C. 2349bb–2(a)), 1 14 ⁄4 of any as15 sistance provided to such countries under chapter 9 

16 of part II of the Foreign Assistance Act of 1961 (22 

17 U.S.C. 2349bb et seq.) has been obligated for the 

18 purposes authorized in that section and, if not, the 

19 reasons therefor. 

20 SEC. 106. PERMANENT AUTHORITY TO USE NON21 PROLIFERATION AND DISARMAMENT FUND 

22 FOR ACTIVITIES OUTSIDE INDEPENDENT 

23 STATES OF THE FORMER SOVIET UNION. 

24 Activities authorized to be carried out under the Non25 proliferation and Disarmament Fund in the independent 

26 states of the former Soviet Union under section 504 of 
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1 the FREEDOM Support Act (22 U.S.C. 5854) may also 

2 be carried out in countries other than the independent 

3 states of the former Soviet Union and with respect to 

4 international organizations when such activities are in the 

5 national security interest of the United States. 

6 SEC. 107. USE OF MILITARY ASSISTANCE FOR PROLIFERA7 TION INTERDICTION OR DETECTION. 

8 (a) RELATIONSHIP OF MILITARY ASSISTANCE TO

9 PROLIFERATION INTERDICTION OR DETECTION.—At the 

10 end of chapter 2 of part 2 of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2311 et seq.) insert the following new 

12 section: 

13 ‘‘SEC. 518. ALLOCATION OF FUNDS. 

14 ‘‘(a) IN GENERAL.—In carrying out the provisions of 

15 this chapter, the President should ensure that, when it is 

16 in the national security interest of the United States, not 

17 less than one-quarter of the assistance furnished under 

18 this chapter will enhance the capabilities of friendly for19 eign countries to detect or interdict the illicit trafficking 

20 of weapons of mass destruction, related materials, and 

21 means of delivery and dual-use items of proliferation con22 cern. 

23 ‘‘(b) EXCEPTION.—The President shall not, for 

24 puposes of compliance with subsection (a), modify in any 
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1 way the allocation of funds under this chapter made pur2 suant to any peace accord.’’. 

3 (b) REPORT ON MILITARY ASSISTANCE AND PRO4 LIFERATION INTERDICTION OR DETECTION.— 

5 (1) REQUIREMENT FOR REPORT.—The Presi6 dent shall prepare a report regarding the uses of 

7 military assistance for the purpose of training and 

8 equipping friendly foreign countries in the detection 

9 or interdiction of weapons of mass destruction, re10 lated materials, and means of delivery and related 

11 dual-use items of proliferation concern. The Presi12 dent shall submit such report together with the re13 port submitted pursuant to section 25 of the Arms 

14 Export Control Act (22 U.S.C. 2765) for calendar 

15 year 2005. 

16 (2) CONTENT.—The report regarding the uses 

17 of military assistance required by paragraph (1) 

18 shall include— 

19 (A) an examination of the extent to which 

20 the annual allocations of military assistance 

21 under part II of chapter 2 of the Foreign As22 sistance Act of 1961 (22 U.S.C. 2311 et seq.) 

23 takes into account the capabilities of friendly 

24 foreign countries to detect or interdict the illicit 

25 trafficking of weapons of mass destruction, re-
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1 lated materials, and means of delivery and dual2 use items of proliferation concern; and 

3 (B) an assessment of the extent to which 

4 equipment furnished to friendly foreign coun5 tries under foreign military sales have contrib6 uted to detection or interdiction capabilities of 

7 such countries. 

8 SEC. 108. REPEAL OF OBSOLETE AUTHORITY. 

9 Section 586 of the Foreign Assistance Act of 1961 

10 (22 U.S.C. 2349bb–4) is repealed. 

11 TITLE II—CONVENTIONAL ARMS 

12 DISARMAMENT 

13 SEC. 201. SHORT TITLE. 

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

15 Disarmament Act of 2005’’. 

16 SEC. 202. FINDINGS; SENSE OF CONGRESS. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

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

20 defense systems (MANPADS), other conventional 

21 weapons, and tactical missile systems poses a direct 

22 threat to the national security of the United States. 

23 (2) The use of MANPADS and other conven24 tional weapons by terrorists and insurgent groups 
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1 continues to hamper United States efforts to achieve 

2 peace and security in Iraq and Afghanistan. 

3 (3) The proliferation of tactical missile systems 

4 provides many regimes with a means of income and 

5 threatens international peace and security. 

6 (4) The Government Accountability Office has 

7 estimated that there are between 500,000 and 

8 750,000 MANPADS in the world. 

9 (5) Many countries that possess stocks of 

10 MANPADS, other conventional weapons, and tac11 tical missile systems no longer require such weapons 

12 for their own security or self defense, but do not 

13 possess the means for the elimination or safe14 guarding of such systems. 

15 (6) There is currently no single United States 

16 program designed to promote efforts in other coun17 tries related to conventional arms threat reduction 

18 and the elimination of tactical missiles. 

19 (7) The Department of State has not used the 

20 Nonproliferation and Disarmament Fund for any ac21 tivity to eliminate any tactical missile systems since 

22 2002. 

23 (8) The proliferation of conventional weapons in 

24 developing countries that have experienced civil con-
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1 flict threatens political stability and economic devel2 opment in those countries and neighboring countries. 

3 (9) Land mines left over from past conflicts 

4 continue to pose a humanitarian threat and a bar5 rier to economic development in many countries 

6 around the world. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) where appropriate, the United States Gov10 ernment should provide assistance to countries seek11 ing to secure, remove, or eliminate stocks of 

12 MANPADS, other conventional weapons, and tac13 tical missile systems that pose a proliferation threat; 

14 and 

15 (2) given the clear links between global net16 works of terrorism and networks of the illicit trade 

17 in conventional weapons, the United States Govern18 ment should place consistent, broad, and continued 

19 emphasis on combating the proliferation of 

20 MANPADS, other conventional weapons, and tac21 tical missile systems within the broader nonprolifera22 tion strategy of the United States. 

23 SEC. 203. STATEMENT OF POLICY. 

24 It is the policy of the United States to assist the gov25 ernments of other countries in safeguarding or eliminating 
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1 stocks of MANPADS, other conventional weapons, and 

2 tactical missile systems that pose a proliferation, local or 

3 regional security, or humanitarian threat. 

4 SEC. 204. GLOBAL PROGRAM FOR THE SAFEGUARDING AND 

5 ELIMINATION OF CONVENTIONAL ARMS. 

6 (a) IN GENERAL.—The Secretary of State is author7 ized to carry out an accelerated global program to secure, 

8 remove, or eliminate stocks of MANPADS, other conven9 tional weapons, and tactical missile systems, as well as re10 lated equipment and facilities, that are determined by the 

11 Secretary to pose a proliferation threat. 

12 (b) PROGRAM ELEMENTS.—The program authorized 

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

14 (1) Humanitarian demining activities. 

15 (2) Programs for the elimination or securing of 

16 tactical missile systems. 

17 (3) Programs for the elimination or securing of 

18 MANPADS. 

19 (4) Activities to destroy other conventional 

20 weapons. 

21 (5) Programs to assist countries in the safe 

22 handling and proper storage of MANPADS, other 

23 conventional weapons, and tactical missile systems. 

24 (6) Cooperative programs with the North Atlan25 tic Treaty Organization and other international or-
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1 ganizations to assist countries in the safe handling 

2 and proper storage or elimination of MANPADS, 

3 other conventional weapons, and tactical missile sys4 tems. 

5 (7) The utilization of funds for the elimination 

6 or safeguarding of MANPADS, other conventional 

7 weapons, and tactical missile systems. 

8 (8) The management of MANPADS, other con9 ventional weapons, and tactical missile systems at lo10 cations where United States funds have been used to 

11 provide for the security of such weapons. 

12 (9) Actions to ensure that equipment and 

13 funds, including security upgrades at locations for 

14 the storage or disposition of MANPADS, other con15 ventional weapons, tactical missile systems, and re16 lated equipment that are determined by the Sec17 retary of State to pose a proliferation threat, con18 tinue to be used for authorized purposes. 

19 SEC. 205. REDESIGNATION OF OFFICE OF WEAPONS RE20 MOVAL AND ABATEMENT AS OFFICE OF CON21 VENTIONAL ARMS THREAT REDUCTION. 

22 (a) REDESIGNATION.—The Office of Weapons Re23 moval and Abatement of the Department of State is redes24 ignated the Office of Conventional Arms Threat Reduc25 tion. The principal duties of the office are to formulate 
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1 policy on conventional arms threat reduction and to plan 

2 and administer programs for carrying out activities under 

3 section 204. 

4 (b) REFERENCE.—Any reference in a law, map, regu5 lation, document, paper, or other record of the United 

6 States to the Office of Weapons Removal and Abatement 

7 referred to in subsection (a) shall be deemed to be a ref8 erence to the Office of Conventional Arms Threat Reduc9 tion. 

10 SEC. 206. REPORT ON CONVENTIONAL ARMS THREAT RE11 DUCTION. 

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

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

14 shall submit to the Committees on Foreign Relations and 

15 Appropriations of the Senate and the Committees on 

16 International Relations and Appropriations of the House 

17 of Representatives a report on conventional arms threat 

18 reduction. 

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

20 (a) shall include the following information: 

21 (1) A description of prior efforts of the Depart22 ment of State regarding conventional arms threat 

23 reduction. 

24 (2) A description of the progress made in initi25 ating the operations of the Office of Conventional 
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1 Arms Threat Reduction, as redesignated under sec2 tion 205. 

3 (3) A description, on a country-by-country 

4 basis, of the implementation of a global strategy for 

5 the elimination or safeguarding of MANPADS, other 

6 conventional weapons, and tactical missile systems, 

7 including, to the extent possible, a prioritization of 

8 such elimination and safeguarding efforts with re9 spect to the proliferation sensitivity of such weapons 

10 in each country and their potential impact on local 

11 and regional security. 

12 (4) An evaluation of the extent to which activi13 ties under this title and other United States Govern14 ment programs are integrated to ensure that the 

15 conventional arms threat reduction efforts of the 

16 United States are consistent with United States pol17 icy and goals in countries receiving assistance 

18 through such activities. 

19 (5) A description of the scope and nature of 

20 United States programs related to the elimination of 

21 tactical missile systems, in particular, efforts under 

22 the Nonproliferation and Disarmament Fund re23 garding the elimination of such 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 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated $20,000,000 for Nonproliferation, Anti-Terrorism, 

7 Demining, and Related Programs for fiscal year 2006 for 

8 activities related to the securing, removal, or elimination 

9 of stocks of MANPADS, other conventional weapons, tac10 tical missile systems, and related equipment and facilities. 

11 (b) LIMITATION.—Of the funds made available under 

12 subsection (a), not more than $10,000,000 may be obli13 gated until the Secretary submits to the Committees on 

14 Foreign Relations and Appropriations of the Senate and 

15 the Committees on International Relations and Appropria16 tions of the House of Representatives the report required 

17 under section 206. 

18 SEC. 208. NONPROLIFERATION AND DISARMAMENT FUND 

19 DEFINED. 

20 In this title, the term ‘‘Nonproliferation and Disar21 mament Fund’’ means the Nonproliferation and Disar22 mament Fund established under section 504 of the 

23 FREEDOM Support Act (22 U.S.C. 5854). 

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