S 1949 IS

To provide for coordination of proliferation interdiction activities and conventional arms disarmament, and for other purposes.

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

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).

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