Cooperative Proliferation Detection, Interdiction Assistance, and Conventional Threat Reduction Act of 2005 - Cooperative Proliferation Detection and Interdiction Assistance Act of 2005 - Authorizes the President to establish a program to provide proliferation detection and interdiction assistance to friendly foreign countries and requires that at least 25% of the amount made available for nonproliferation, anti-terrorism, demining and related programs and activities for FY2006 shall be made available to establish such program.
Amends the Foreign Assistance Act of 1961 to authorize the President, in order to promote cooperation regarding the interdiction of weapons of mass destruction and related materials and delivery systems, to conclude agreements (including reciprocal maritime agreements) with other countries to prevent the transportation of such items to states and non-state actors of proliferation concern.
Establishes within the Department of State an Office of Proliferation Detection and Interdiction Assistance Coordination.
Provides that activities authorized to be carried out under the Nonproliferation and Disarmament Fund in the independent states of the former Soviet Union may also be carried out in other countries and with respect to international organizations when such activities are in the U.S. national interest.
States that the President should ensure that, when in the national security interest of the United States, at least 25% of military assistance furnished 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.
Conventional Arms Disarmament Act of 2005 - Authorizes the Secretary of State to carry out an accelerated global program to secure or eliminate stocks of man-portable air defense systems (MANPADS), other conventional weapons, and tactical missile systems, as well as related equipment and facilities that pose a proliferation threat.
Redesignates the (Department of State) Office of Weapons Removal and Abatement as the Office of Conventional Arms Threat Reduction.
[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).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12130-12132)
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Hearings held. Hearings printed: S.Hrg. 109-880.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line