[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]








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.

    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 
2006''.

             TITLE I--PROLIFERATION ASSISTANCE COORDINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Cooperative Proliferation 
Detection and Interdiction Assistance Act of 2006''.

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 enhances 
        cooperation among states employing 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 70 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.
            (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 
        developing an internationally accepted practice regarding 
        criminalization of the trafficking of weapons of mass 
        destruction, related materials and means of delivery.
            (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, mechanisms for coordinating within the executive 
        branch programs and assistance implemented under those 
        authorities should be employed fully in order to ensure the 
        most effective use of United States assistance to train and 
        equip friendly foreign countries to deal with this threat.

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 carry out a program to provide assistance to 
friendly foreign countries for proliferation detection and interdiction 
activities and for developing complementary capabilities.
    (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 2007 Assistance.--Not less than \1/4\ of the amount 
made available for nonproliferation, anti-terrorism, demining and 
related programs and activities for fiscal year 2007 shall be made 
available to establish the program under subsection (a), unless 
otherwise notified for nonproliferation or counterproliferation 
purposes pursuant to section 634A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2394-1).

                TITLE II--CONVENTIONAL ARMS DISARMAMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Conventional Arms Disarmament Act 
of 2006''.

SEC. 202. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The global proliferation of man-portable air defense 
        systems (MANPADS) and other conventional weapons, including 
        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 conventional weapons, including 
        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 and other 
        conventional weapons, including 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.
            (7) 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.
            (8) 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, 
        including 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 and other conventional weapons, including 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 and 
other conventional weapons, including 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, small arms and light weapons, stockpiled munitions, abandoned 
ordnance, and other conventional weapons, including tactical missile 
systems (hereafter in this Act referred to as ``MANPADS and other 
conventional weapons''), 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 MANPADS.
            (3) Programs for the elimination or securing of other 
        conventional weapons.
            (4) Programs to assist countries in the safe handling and 
        proper storage of MANPADS and other conventional weapons.
            (5) 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 and other conventional weapons.
            (6) The utilization of funds for the elimination or 
        safeguarding of MANPADS and other conventional weapons.
            (7) Programs for the security and safeguarding of MANPADS 
        and other conventional weapons.
            (8) Actions to ensure that equipment and funds, including 
        security upgrades at locations for the storage or disposition 
        of MANPADS and other conventional weapons 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. 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, on a country-by-country basis, of the 
        implementation of a global strategy for the elimination or 
        safeguarding of MANPADS and other conventional weapons, 
        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.
            (3) 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.
            (4) A description of the scope and nature of other 
        complementary United States programs related to conventional 
        arms threat reduction, including tactical missile systems.
    (c) Form.--The report required under subsection (a) shall be in 
unclassified form, but may contain a classified annex.

                     TITLE III--GENERAL AUTHORITIES

SEC. 301. PERMANENT AUTHORITY FOR THE NONPROLIFERATION, ANTI-TERRORISM, 
              DIMINING, AND RELATED PROGRAMS ACCOUNT.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 
amended by adding at the end of part II the following new chapter:

   ``CHAPTER 10--AUTHORIZATION FOR NONPROLIFERATION, ANTI-TERRORISM, 
                    DEMINING, AND RELATED PROGRAMS.

``SEC. 591. CONSOLIDATED ACCOUNT AUTHORIZATION.

    ``(a) Authority.--The President is authorized to establish a 
consolidated Nonproliferation, Anti-Terrorism, Demining, and Related 
Programs Account for the purpose of carrying out nonproliferation, 
anti-terrorism, demining, and related programs and activities under--
            ``(1) chapter 8 of part II of this Act;
            ``(2) chapter 9 of part II of this Act;
            ``(3) chapter 6 of part II of this Act and section 23 of 
        the Arms Export Control Act (22 U.S.C. 2763) for demining 
        activities, clearance of unexploded ordnance, the destruction 
        of small arms and light weapons, other conventional weapons, 
        associated ammunition, and related activities, except that, 
        notwithstanding any other provision of law, activities may be 
        implemented through nongovernmental and international 
        organizations, and related activities;
            ``(4) section 504 of the FREEDOM Support Act (22 U.S.C. 
        5854) for programs under the Nonproliferation and Disarmament 
        Fund to promote bilateral and multilateral activities relating 
        to nonproliferation and disarmament and related activities, 
        notwithstanding any other provision of law, including, when in 
        the national security interests of the United States, 
        assistance for international organizations and countries other 
        than the independent states of the former Soviet Union; and
            ``(5) section 301 of this Act.''.

SEC. 302. FUNDING ALLOCATIONS FOR FISCAL YEAR 2007.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the President for fiscal year 2007 $524,430,000 and 
such sums as may be necessary for each fiscal year thereafter for the 
consolidated Nonproliferation, Anti-Terrorism, Demining, and Related 
Programs authorized by section 591 of the Foreign Assistance Act of 
1961, as added by section 301, for the purpose of carrying out 
nonproliferation, anti-terrorism, demining, and related programs and 
activities.
    (b) Specification of Certain Amounts.--Of the amount authorized to 
be appropriated under subsection (a) for fiscal year 2007, the 
following amounts are authorized to be appropriated for the following 
purposes:
            (1) Not less than $95,050,000 to carry out activities under 
        chapter 9 of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2349bb et seq.);
            (2) Not less than $33,600,000 to carry out activities under 
        chapter 6 of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2349bb et seq.), and section 23 of the Arms Export 
        Control Act (22 U.S.C. 2763), for clearance of unexploded 
        ordnance, the destruction of small arms and light weapons, 
        MANPADS, and other conventional weapons, including tactical 
        missile systems and associated ammunition, and related 
        activities. Such activities may be implemented through 
        nongovernmental and international organizations notwithstanding 
        any other provision of law.
    (c) Availability of Funds.--Amounts appropriated under subsection 
(a) are authorized to remain available until September 30, 2008.
    (d) Administrative Expenses.--There are authorized to be 
appropriated such sums as may be necessary for administrative expenses 
related to activities under subsection (b)(2). Such amount shall be in 
addition to funds otherwise made available for such purposes.
    (e) Amounts in Addition to Other Authorized Funds.--Amounts 
authorized to be appropriated under this section and section 301 are in 
addition to amounts otherwise available for such purposes.
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