[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 313 Introduced in Senate (IS)]







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.

    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 ``Nunn-Lugar Cooperative Threat 
Reduction Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The possession by hostile states or terrorist groups of 
        nuclear, chemical, and biological weapons of mass destruction 
        or related materials or means of delivery represents the 
        greatest threat to the national security of the United States 
        in the 21st century.
            (2) It is the highest priority of the United States to 
        protect its territory, people, armed forces, allies, and 
        friends from attacks by dangerous regimes or terrorist groups 
        using weapons of mass destruction or related materials or means 
        of delivery.
            (3) It is the policy of the United States to ensure and 
        strengthen verification and compliance with the Treaty on the 
        Non-proliferation of Nuclear Weapons, done at Washington, 
        London, and Moscow July 1, 1968, and entered into force March 
        5, 1970 (commonly known as the ``Nuclear Non-Proliferation 
        Treaty''), the Convention on the Prohibition of the 
        Development, Production, Stockpiling and Use of Chemical 
        Weapons and on Their Destruction, with Annexes, done at Paris 
        January 13, 1993, and entered into force April 29, 1997 
        (commonly known as the ``Chemical Weapons Convention''), the 
        Convention on the Prohibition of the Development, Production 
        and Stockpiling of Bacteriological (Biological) and Toxin 
        Weapons and on Their Destruction, done at Washington, London, 
        and Moscow April 10, 1972, and entered into force March 26, 
        1975 (commonly known as the ``Biological Weapons Convention''), 
        the safeguards system of the International Atomic Energy Agency 
        (IAEA), and the commitments and control lists of the Missile 
        Technology Control Regime (MTCR), the Australia Group (AG), the 
        Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on 
        Export Controls for Conventional Arms and Dual-Use Goods and 
        Technologies (WA).
            (4) The national security interests of the United States 
        have been well-served by the enactment of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 102-228; 
        22 U.S.C. 2551 note), (commonly known as the ``Nunn-Lugar 
        Act''), its successor law, the Cooperative Threat Reduction Act 
        of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5951 note), 
        and the Defense Against Weapons of Mass Destruction Act of 1996 
        (title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.), 
        (commonly known as the ``Nunn-Lugar-Domenici Act'').
            (5) The Nunn-Lugar Cooperative Threat Reduction program 
        has, as of January 2005--
                    (A) deactivated 6,564 nuclear warheads;
                    (B) destroyed 568 intercontinental ballistic 
                missiles;
                    (C) eliminated 477 intercontinental ballistic 
                missile silos;
                    (D) destroyed 17 mobile intercontinental ballistic 
                missile launchers;
                    (E) eliminated 142 bombers;
                    (F) destroyed 761 nuclear air-to-surface missiles;
                    (G) eliminated 420 submarine-launched ballistic 
                missile launchers;
                    (H) eliminated 543 submarine-launched ballistic 
                missiles;
                    (I) destroyed 28 strategic nuclear submarines; and
                    (J) sealed 194 nuclear test tunnels or holes.
            (6) On February 11, 2004, President George W. Bush called 
        for the expansion of the Nunn-Lugar Cooperative Threat 
        Reduction program, stating: ``I propose to expand our efforts 
        to keep weapons from the Cold War and other dangerous materials 
        out of the wrong hands. In 1991, Congress passed the Nunn-Lugar 
        legislation. Senator Lugar had a clear vision, along with 
        Senator Nunn, about what to do with the old Soviet Union. Under 
this program, we're helping former Soviet states find productive 
employment for former weapons scientists. We're dismantling, 
destroying, and securing weapons and materials left over from the 
Soviet WMD arsenal. We have more work to do there.''

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) all United States capabilities must be utilized to 
        prevent acts of catastrophic terrorism using weapons of mass 
        destruction or related materials or means of delivery;
            (2) in order to prevent acts of catastrophic terrorism 
        using weapons of mass destruction or related materials or means 
        of delivery, the United States must pursue a strategy making 
        full and effective use of multilateral and bilateral 
        agreements, missile defense, arms control, threat reduction 
        assistance, interdiction efforts, export controls, and United 
        States proliferation sanctions;
            (3) the United States must not allow the world's most 
        dangerous weapons to fall into the hands of dangerous regimes 
        and terrorist groups;
            (4) the United States must hold nations accountable for all 
        violations of international nonproliferation treaties, norms, 
        and standards of conduct, and to the extent that it is 
        consistent with United States law and policy, provide 
        assistance to ensure that such treaties, norms, and standards 
        of conduct are upheld rather than violated; and
            (5) the President must be provided the authority to use 
        Nunn-Lugar Cooperative Threat Reduction funds in a manner 
        consistent with the high value Congress and the President have 
        placed on Cooperative Threat Reduction programs to reduce the 
        threat posed to the national security of the United States and 
        international peace and security by the proliferation of 
        weapons of mass destruction or related materials or means of 
        delivery.

SEC. 4. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED.

    In this Act, the term ``Cooperative Threat Reduction programs'' 
means programs and activities specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).

SEC. 5. REPEAL OF RESTRICTIONS.

    (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of 
the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 
102-228; 22 U.S.C. 2551 note) is repealed.
    (b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of 
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 
103-160; 22 U.S.C. 5952(d)) is repealed.
    (c) Russian Chemical Weapons Destruction Facilities.--Section 1305 
of the National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106-65; 22 U.S.C. 5952 note) is repealed.

SEC. 6. INAPPLICABILITY OF OTHER RESTRICTIONS.

    Section 502 of the Freedom for Russia and Emerging Eurasian 
Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 
106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative 
Threat Reduction program.

SEC. 7. EXEMPTION FROM LIMITATIONS.

    Cooperative Threat Reduction programs may be carried out 
notwithstanding any other provision of law, subject to congressional 
notification and reporting requirements that apply to the use of funds 
available for Cooperative Threat Reduction programs or the carrying out 
of projects or activities under such programs.

SEC. 8. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION 
              PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

    Section 1308 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is 
amended--
            (1) by striking ``President'' each place it appears and 
        inserting ``Secretary of Defense'';
            (2) in subsection (a)--
                    (A) by striking paragraph (2); and
                    (B) by striking ``each of the following'' and all 
                that follows through the end and inserting the 
                following: ``that such project or activity will--
            ``(1)(A) assist the United States in the resolution of a 
        critical emerging proliferation threat; or
            ``(B) permit the United States to take advantage of 
        opportunities to achieve long-standing nonproliferation goals; 
        and
            ``(2) be completed in a short period of time.'';
            (3) by striking subsections (c) and (d); and
            (4) by redesignating subsection (e) as subsection (c).

SEC. 9. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND 
              NONPROLIFERATION COMMITMENTS.

    (a) Reports Required.--At least annually, the Secretary of State 
shall submit to the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate and the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives a report on each country in which a Cooperative Threat 
Reduction program is being carried out. The report shall describe that 
country's commitments to--
            (1) making substantial national investments in 
        infrastructure to secure, safeguard, and destroy weapons of 
        mass destruction;
            (2) forgoing any military modernization exceeding 
        legitimate defense requirements, including replacement of 
        weapons of mass destruction;
            (3) forgoing any use of fissionable materials or any other 
        components of deactivated nuclear weapons in a new nuclear 
        weapons program;
            (4) complying with all relevant arms control agreements;
            (5) adopting and enforcing national and international 
        export controls over munitions and dual-use items; and
            (6) facilitating the verification by the United States and 
        international community of that country's adherence to such 
        commitments.
    (b) Form.--The reports required under subsection (a) may be 
submitted with the reports required under section 403 of the Arms 
Control and Disarmament Act (Public Law 87-297; 22 U.S.C. 2593a).
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