Nunn-Lugar Cooperative Threat Reduction Act of 2005 - Amends the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000, respectively, to repeal specified restrictions on the use of Cooperative Threat Reduction program (program) funds and activities.
Amends the the National Defense Authorization Act for Fiscal Year 2004 to modify authority to use program funds outside the former Soviet Union, including transferring such authority from the President to the Secretary of Defense.
Directs the Secretary of State to report on each country in which a program is being carried out, including its adherence to arms control and nonproliferation agreements.
[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).
<all>
Sponsor introductory remarks on measure. (CR S381)
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1125)
Read twice and referred to the Committee on Armed Services.
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