[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 390
108th CONGRESS
  1st Session
                                S. 1864

 To enhance the security of the United States and United States allies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 14 (legislative day, November 12), 2003

 Mr. Lugar (for himself and Mr. Biden) introduced the following bill; 
                     which was read the first time

                           November 17, 2003

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To enhance the security of the United States and United States allies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Security 
Enhancement Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                   TITLE I--DEFENSE TRADE COOPERATION

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Sec. 104. Exception to bilateral agreement requirements for transfers 
                            of defense items within Australia and the 
                            United Kingdom.
Sec. 105. Certifications for the United Kingdom and Australia.
Sec. 106. Notification of regulations permitting bilateral licensing 
                            exemptions.
Sec. 107. Report on issues raised in consultations pursuant to 
                            bilateral agreements with Australia and the 
                            United Kingdom.
Sec. 108. Special reports on unauthorized end-use or diversion.
           TITLE II--RADIOLOGICAL TERRORISM THREAT REDUCTION

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. International storage facilities for radioactive sources.
Sec. 205. Discovery, inventory, and recovery of radioactive sources.
Sec. 206. Radioisotope thermal generator power units in the independent 
                            states of the former Soviet Union.
Sec. 207. Foreign first responders.
Sec. 208. Threat assessment reports.
Sec. 209. Availability of funds.
                TITLE III--GLOBAL PATHOGEN SURVEILLANCE

Sec. 301. Short title.
Sec. 302. Findings; purposes.
Sec. 303. Definitions.
Sec. 304. Priority for certain countries.
Sec. 305. Restriction.
Sec. 306. Fellowship program.
Sec. 307. In-country training in laboratory techniques and syndrome 
                            surveillance.
Sec. 308. Assistance for the purchase and maintenance of public health 
                            laboratory equipment.
Sec. 309. Assistance for improved communication of public health 
                            information.
Sec. 310. Assignment of public health personnel to United States 
                            missions and international organizations.
Sec. 311. Expansion of certain United States Government laboratories 
                            abroad.
Sec. 312. Assistance for regional health networks and expansion of 
                            foreign epidemiology training programs.
Sec. 313. Availability of funds.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Authority to transfer naval vessels to certain foreign 
                            countries.
Sec. 402. Transfer of certain obsolete or surplus defense articles in 
                            the war reserve stockpiles for allies to 
                            Israel.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Defense articles.--The term ``defense articles'' has 
        the meaning given the term in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).
            (3) Defense services.--The term ``defense services'' has 
        the meaning given the term in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).
            (4) Secretary.--Unless otherwise provided, the term 
        ``Secretary'' means the Secretary of State.

                   TITLE I--DEFENSE TRADE COOPERATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Defense Trade Cooperation Act of 
2003''.

SEC. 102. FINDINGS.

    Congress makes the following findings:
            (1) Close defense cooperation between the United States and 
        each of the United Kingdom and Australia requires 
        interoperability among the armed forces.
            (2) The need for interoperability must be balanced with the 
        need for the appropriate and effective regulation of trade in 
        defense articles and defense services.
            (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
        represents a delegation to the executive branch of the 
        constitutional power of Congress to regulate commerce with 
        foreign nations.
            (4) Agreements to gain exemption from the International 
        Traffic in Arms Regulations must be submitted to Congress for 
        review.

SEC. 103. DEFINITION OF INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.

    In this title, the term ``International Traffic in Arms 
Regulations'' means the regulations maintained under sections 120 
through 130 of title 22, Code of Federal Regulations, or any successor 
regulations.

SEC. 104. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA 
              AND THE UNITED KINGDOM.

    (a) Exceptions.--Subsection (j) of section 38 of the Arms Export 
Control Act (22 U.S.C. 2778) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) Exceptions from bilateral agreement requirements.--
                    ``(A) Australia.--Subject to the provisions of the 
                Defense Trade Cooperation Act of 2003, the requirements 
                for a bilateral agreement described in paragraph (2)(A) 
                shall not apply to such a bilateral agreement between 
                the United States Government and the Government of 
                Australia with respect to transfers or changes in end 
                use within Australia of defense items that will remain 
                subject to the licensing requirements of this Act after 
                such agreement enters into force.
                    ``(B) United kingdom.--Subject to the provisions of 
                the Defense Trade Cooperation Act of 2003, the 
                requirements for a bilateral agreement described in 
                paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall 
                not apply to such a bilateral agreement between the 
                United States Government and the Government of the 
                United Kingdom for an exemption from the licensing 
                requirements of this Act.''.
    (b) Conforming Amendment.--Paragraph (2) of such subsection is 
amended in the matter preceding subparagraph (A) by striking ``A 
bilateral agreement'' and inserting ``Except as provided in paragraph 
(4), a bilateral agreement''.

SEC. 105. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA.

    Not later than 30 days before authorizing an exemption from the 
licensing requirements of the International Traffic in Arms Regulations 
in accordance with any bilateral agreement entered into with the United 
Kingdom or Australia under section 38(j) of the Arms Export Control Act 
(22 U.S.C. 2778(j)), as amended by section 104 of this Act, the 
President shall certify to the appropriate congressional committees 
that such agreement--
            (1) is in the national interest of the United States and 
        will not in any way affect the goals and policy of the United 
        States as outlined in section 1 of the Arms Export Control Act 
        (22 U.S.C. 2751);
            (2) does not adversely affect the ability of the 
        International Traffic in Arms Regulations to provide consistent 
        and adequate controls for licensed exports of United States 
        defense items; and
            (3) will not adversely affect the duties or requirements of 
        the Secretary under the Arms Export Control Act.

SEC. 106. NOTIFICATION OF REGULATIONS PERMITTING 
              BILATERAL LICENSING EXEMPTIONS.

    Not later than 30 days before authorizing an exemption from the 
licensing requirements of the International Traffic in Arms Regulations 
in accordance with any bilateral agreement entered into with the United 
Kingdom or Australia under section 38(j) of the Arms Export Control Act 
(22 U.S.C. 2778(j)), as amended by section 104 of this Act, the 
President shall submit to the appropriate congressional committees the 
text of the regulations that authorize such a licensing exemption.

SEC. 107. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO 
              BILATERAL AGREEMENTS WITH AUSTRALIA AND THE UNITED 
              KINGDOM.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter for each of the following 5 years, the 
President shall submit to the appropriate congressional committees a 
report on issues raised during the previous year in consultations 
conducted under the terms of any bilateral agreement with Australia, or 
under the terms of any bilateral agreement with the United Kingdom, for 
exemption from the licensing requirements of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed 
information--
            (1) on any notifications or consultations between the 
        United States and the United Kingdom under the terms of any 
        agreement with the United Kingdom, or between the United States 
        and Australia under the terms of any agreement with Australia, 
        concerning the modification, deletion, or addition of defense 
        items on the United States Munitions List, the United Kingdom 
        Military List, or the Australian Defense and Strategic Goods 
        List;
            (2) listing all United Kingdom or Australia persons and 
        entities that have been designated as qualified persons 
        eligible to receive United States origin defense items exempt 
        from the licensing requirements of the Arms Export Control Act 
        under the terms of such agreements, and listing any 
        modification, deletion, or addition to such lists, pursuant to 
        the requirements of any agreement with the United Kingdom or 
        any agreement with Australia;
            (3) on consultations or steps taken pursuant to any 
        agreement with the United Kingdom or any agreement with 
        Australia concerning cooperation and consultations with either 
        government on the effectiveness of the defense trade control 
        systems of such government;
            (4) on provisions and procedures undertaken pursuant to--
                    (A) any agreement with the United Kingdom with 
                respect to the handling of United States origin defense 
                items exempt from the licensing requirements of the 
                Arms Export Control Act by persons and entities 
                qualified to receive such items in the United Kingdom; 
                and
                    (B) any agreement with Australia with respect to 
                the handling of United States origin defense items 
                exempt from the licensing requirements of the Arms 
                Export Control Act by persons and entities qualified to 
                receive such items in Australia;
            (5) on any new understandings, including the text of such 
        understandings, between the United States and the United 
        Kingdom concerning retransfer of United States origin defense 
        items made pursuant to any agreement with the United Kingdom to 
        gain exemption from the licensing requirements of the Arms 
        Export Control Act;
            (6) on consultations with the Government of the United 
        Kingdom or the Government of Australia concerning the legal 
        enforcement of any such agreements;
            (7) on United States origin defense items with respect to 
        which the United States has provided an exception under the 
        Memorandum of Understanding between the United States and the 
        United Kingdom and any agreement between the United States and 
        Australia from the requirement for United States Government re-
        export consent that was not provided for under United States 
        laws and regulations in effect on the date of the enactment of 
        this Act; and
            (8) on any significant concerns that have arisen between 
        the Government of Australia or the Government of the United 
        Kingdom and the United States Government concerning any aspect 
        of any bilateral agreement between such country and the United 
        States to gain exemption from the licensing requirements of the 
        Arms Export Control Act.

SEC. 108. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION.

    The Secretary shall notify the appropriate congressional 
committees, in a manner consistent with ongoing efforts to investigate 
and bring civil or criminal charges regarding such matters, not later 
than 90 days after receiving any credible information regarding the 
unauthorized end-use or diversion of United States exports made 
pursuant to any agreement with a country to gain exemption from the 
licensing requirements of the Arms Export Control Act. Such 
notification may be made in classified or unclassified form and shall 
include--
            (1) a description of the good or service;
            (2) the United States origin of the good or service;
            (3) the authorized recipient of the good or service;
            (4) a detailed description of the unauthorized end-use or 
        diversion of the good or service, including any knowledge by 
        the United States exporter of such unauthorized end-use or 
        diversion;
            (5) any enforcement action taken by the Government of the 
        United States; and
            (6) any enforcement action taken by the government of the 
        recipient nation.

           TITLE II--RADIOLOGICAL TERRORISM THREAT REDUCTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Radiological Terrorism Threat 
Reduction Act of 2003''.

SEC. 202. FINDINGS.

    Congress makes the following findings:
            (1) It is feasible for terrorists to obtain and disseminate 
        radioactive material by using a radiological dispersion device 
(RDD) or by emplacing discrete radioactive sources in major public 
places.
            (2) An attack made in the United States or against United 
        States interests by terrorists using radiological material 
        could cause catastrophic economic and social damage, although 
        it might kill few, if any, Americans.
            (3) The first line of defense against radiological 
        terrorism is preventing the acquisition of radioactive material 
        by terrorists.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Byproduct material.--The term ``byproduct material'' 
        has the meaning given the term in section 11 e. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
            (2) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (3) Independent states of the former soviet union.--The 
        term ``independent states of the former Soviet Union'' has the 
        meaning given the term in section 3 of the FREEDOM Support Act 
        (22 U.S.C. 5801).
            (4) Radioactive material.--The term ``radioactive 
        material'' means--
                    (A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    (B) nuclear byproduct material;
                    (C) material made radioactive by bombardment in an 
                accelerator; and
                    (D) all refined isotopes of radium.
            (5) Radioactive source.--The term ``radioactive source'' 
        means radioactive material that is permanently sealed in a 
        capsule or closely bonded and includes any radioactive material 
        released if the source is leaking or stolen, but does not 
        include any material within the nuclear fuel cycle of a 
        research or power reactor.
            (6) Radioisotope thermal generator.--The term 
        ``radioisotope thermal generator'' means an electrical 
        generator which derives its power from the heat produced by the 
        decay of a radioactive source by the emission of alpha, beta, 
        or gamma radiation. The term does not include nuclear reactors 
        deriving their energy from the fission or fusion of atomic 
        nuclei.
            (7) Source material.--The term ``source material'' has the 
        meaning given the term in section 11 z. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            (8) Special nuclear material.--The term ``special nuclear 
        material'' has the meaning given the term in section 11 aa. of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

SEC. 204. INTERNATIONAL STORAGE FACILITIES FOR RADIOACTIVE SOURCES.

    (a) Agreements on Temporary Secure Storage.--The Secretary is 
authorized to propose that the IAEA conclude agreements with up to 8 
countries under which agreement each country would provide temporary 
secure storage for orphaned, unused, surplus, or other radioactive 
sources (other than special nuclear material, nuclear fuel, or spent 
nuclear fuel). Such agreements shall be consistent with the IAEA Code 
of Conduct on the Safety and Security of Radioactive Sources, and shall 
address the need for storage of such radioactive sources in countries 
or regions of the world where convenient access to secure storage of 
such radioactive sources does not exist.
    (b) Voluntary Contributions to IAEA Authorized.--
            (1) In general.--The Secretary is authorized to make 
        voluntary contributions to the IAEA for use by the Department 
        of Nuclear Safety of the IAEA to fund the United States share 
        of the costs of activities associated with or under agreements 
        under subsection (a).
            (2) United states share in fiscal year 2004.--The United 
        States share of the costs of activities under agreements under 
        subsection (a) in fiscal year 2004 may be 100 percent of the 
        costs of such activities in that fiscal year.
    (c) Technical Assistance.--The Secretary is authorized to provide 
the IAEA and other countries with technical assistance to carry out 
activities under agreements under subsection (a) in a manner that meets 
the standards of the IAEA Code of Conduct on the Safety and Security of 
Radioactive Sources.
    (d) Applicability of Environmental Laws.--
            (1) Inapplicability of nepa to facilities outside united 
        states.--The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) shall not apply with respect to any 
        temporary secure storage facility constructed outside the 
        United States under an agreement under subsection (a).
            (2) Applicability of foreign environmental laws.--The 
        construction and operation of a facility described in paragraph 
        (1) shall be governed by any applicable environmental laws of 
        the country in which the facility is constructed.

SEC. 205. DISCOVERY, INVENTORY, AND RECOVERY OF RADIOACTIVE SOURCES.

    (a) Authority.--The Secretary is authorized to provide assistance, 
including through voluntary contributions to the IAEA under subsection 
(b), to support a program of the Division of Radiation and Waste Safety 
of the Department of Nuclear Safety of the IAEA to promote the 
discovery, inventory, and recovery of radioactive sources in member 
nations of the IAEA.
    (b) Voluntary Contributions to IAEA Authorized.--The Secretary is 
authorized to make voluntary contributions to the IAEA to fund the 
United States share of the program described in subsection (a).
    (c) Technical Assistance.--The Secretary is authorized to provide 
the IAEA and other countries with technical assistance to carry out the 
program described in subsection (a).

SEC. 206. RADIOISOTOPE THERMAL GENERATOR POWER UNITS IN THE INDEPENDENT 
              STATES OF THE FORMER SOVIET UNION.

    (a) Substitution With Other Power Units.--
            (1) In general.--The Secretary is authorized to assist the 
        Government of the Russian Federation to substitute solar (or 
other non-nuclear) power sources for radioisotope thermal power units 
operated by the Russian Federation and other independent states of the 
former Soviet Union in applications such as lighthouses in the Arctic, 
remote weather stations, and for providing electricity in remote 
locations.
            (2) Technology requirement.--Any power unit utilized as a 
        substitute power unit under paragraph (1) shall, to the maximum 
        extent practicable, be based upon tested technologies that have 
        operated for at least one full year in the environment where 
        the substitute power unit will be used.
    (b) Consultation.--The Secretary shall consult with the Secretary 
of Energy to ensure that substitute power sources provided under this 
section are for facilities from which the radioisotope thermal 
generator power units have been or are being removed.
    (c) Activities Outside Former Soviet Union.--The Secretary may use 
not more than 20 percent of the funds available for carrying out this 
section in any fiscal year to replace dangerous radioisotope thermal 
power facilities that are similar to the facilities described in 
subsection (a) in countries other than the independent states of the 
former Soviet Union.

SEC. 207. FOREIGN FIRST RESPONDERS.

    (a) In General.--The Secretary is authorized to assist foreign 
countries, or to propose that the IAEA assist foreign countries, in the 
development of appropriate national response plans and the training of 
first responders to--
            (1) detect, identify, and characterize radioactive 
        material;
            (2) understand the hazards posed by radioactive 
        contamination;
            (3) understand the risks encountered at various dose rates;
            (4) enter contaminated areas safely and speedily; and
            (5) evacuate persons within a contaminated area.
    (b) Considerations.--In carrying out activities under subsection 
(a), the Secretary shall take into account the findings of the threat 
assessment report required by section 208 and the location of any 
storage facilities for radioactive sources described in section 204.

SEC. 208. THREAT ASSESSMENT REPORTS.

    (a) Reports Required.--The Secretary shall, at the times specified 
in subsection (c), submit to the appropriate congressional committees a 
report--
            (1) detailing the preparations made at United States 
        diplomatic missions abroad to detect and mitigate a 
        radiological attack on United States missions and other United 
        States facilities under the control of the Secretary;
            (2) setting forth a rank-ordered list of the Secretary's 
        priorities for improving radiological security and consequence 
        management at United States missions; and
            (3) providing a rank-ordered list of the missions where 
        such improvement is most important.
    (b) Budget Request.--Each report under subsection (a) shall also 
include a proposed budget to carry out the improvements listed in such 
report pursuant to subsection (a)(2).
    (c) Timing.--
            (1) First report.--The first report under subsection (a) 
        shall be submitted not later than 180 days after the date of 
        the enactment of this Act.
            (2) Subsequent reports.--Subsequent reports under 
        subsection (a) shall be submitted with the budget justification 
        materials submitted by the Secretary to Congress in support of 
        the budget of the President for the fiscal year (as submitted 
        under section 1105(a) of title 31, United States Code) for each 
        fiscal year after fiscal year 2005.
    (d) Form.--Each report shall be submitted in unclassified form, but 
may include a classified annex.

SEC. 209. AVAILABILITY OF FUNDS.

    (a) In General.--Of the funds appropriated to the Department of 
State for fiscal year 2004, up to $15,000,000 may be used to carry out 
this title.
    (b) Allocation of Funds.--Of the amounts made available under 
subsection (a)--
            (1) $4,000,000 may be used to carry out section 204;
            (2) $4,000,000 may be used to carry out section 205;
            (3) $5,000,000 may be used to carry out section 206; and
            (4) $2,000,000 may be used to carry out section 207.

                TITLE III--GLOBAL PATHOGEN SURVEILLANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Global Pathogen Surveillance Act 
of 2003''.

SEC. 302. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Bioterrorism poses a grave national security threat to 
        the United States. The insidious nature of the threat, the 
        likely delayed recognition in the event of an attack, and the 
        underpreparedness of the domestic public health infrastructure 
        may produce catastrophic consequences following a biological 
        weapons attack upon the United States.
            (2) A contagious pathogen engineered as a biological weapon 
        and developed, tested, produced, or released in another country 
        can quickly spread to the United States. Given the realities of 
        international travel, trade, and migration patterns, a 
        dangerous pathogen released anywhere in the world can spread to 
        United States territory in a matter of days, before any 
        effective quarantine or isolation measures can be implemented.
            (3) To effectively combat bioterrorism and ensure that the 
        United States is fully prepared to prevent, diagnose, and 
        contain a biological weapons attack, measures to strengthen the 
        domestic public health infrastructure and improve domestic 
        surveillance and monitoring, while absolutely essential, are 
        not sufficient.
            (4) The United States should enhance cooperation with the 
        World Health Organization, regional health organizations, and 
        individual countries, including data sharing with appropriate 
        United States departments and agencies, to help detect and 
        quickly contain infectious disease outbreaks or bioterrorism 
        agents before they can spread.
            (5) The World Health Organization has done an impressive 
        job in monitoring infectious disease outbreaks around the 
        world, including the recent emergence of the Severe Acute 
        Respiratory Syndrome (SARS) epidemic, particularly with the 
        establishment in April 2000 of the Global Outbreak Alert and 
        Response network.
            (6) The capabilities of the World Health Organization are 
        inherently limited by the quality of the data and information 
        it receives from member countries, the narrow range of diseases 
        (plague, cholera, and yellow fever) upon which its disease 
        surveillance and monitoring is based, and the consensus process 
        it uses to add new diseases to the list. Developing countries 
        in particular often cannot devote the necessary resources to 
        build and maintain public health infrastructures.
            (7) In particular, developing countries could benefit 
        from--
                    (A) better trained public health professionals and 
                epidemiologists to recognize disease patterns;
                    (B) appropriate laboratory equipment for diagnosis 
                of pathogens;
                    (C) disease reporting that is based on symptoms and 
                signs (known as ``syndrome surveillance'') and affords 
                the earliest possible opportunity to conduct an 
                effective response;
                    (D) a narrowing of the existing technology gap in 
                syndrome surveillance capabilities and real-time 
                information dissemination to public health officials; 
                and
                    (E) appropriate communications equipment and 
                information technology to efficiently transmit 
                information and data within national and regional 
                health networks, including inexpensive, Internet-based 
                Geographic Information Systems (GIS) and relevant 
                telephone-based systems for early recognition and 
                diagnosis of diseases.
            (8) An effective international capability to monitor and 
        quickly diagnose infectious disease outbreaks will offer 
        dividends not only in the event of biological weapons 
        development, testing, production, and attack, but also in the 
        more likely cases of naturally occurring infectious disease 
        outbreaks that could threaten the United States. Furthermore, a 
        robust surveillance system will serve to deter terrorist use of 
        biological weapons, as early detection will help mitigate the 
        intended effects of such malevolent uses.
    (b) Purpose.--The purposes of this title are as follows:
            (1) To enhance the capability and cooperation of the 
        international community, including the World Health 
        Organization and individual countries, through enhanced 
        pathogen surveillance and appropriate data sharing, to detect, 
        identify, and contain infectious disease outbreaks, whether the 
        cause of those outbreaks is intentional human action or natural 
        in origin.
            (2) To enhance the training of public health professionals 
        and epidemiologists from eligible developing countries in 
        advanced Internet-based and other electronic syndrome 
        surveillance systems, in addition to traditional epidemiology 
        methods, so that they may better detect, diagnose, and contain 
        infectious disease outbreaks, especially those due to pathogens 
        most likely to be used in a biological weapons attack.
            (3) To provide assistance to developing countries to 
        purchase appropriate public health laboratory equipment 
        necessary for infectious disease surveillance and diagnosis.
            (4) To provide assistance to developing countries to 
        purchase appropriate communications equipment and information 
        technology, including, as appropriate, relevant computer 
        equipment, Internet connectivity mechanisms, and telephone-
        based applications to effectively gather, analyze, and transmit 
        public health information for infectious disease surveillance 
        and diagnosis.
            (5) To make available greater numbers of United States 
        Government public health professionals to international health 
        organizations, regional health networks, and United States 
        diplomatic missions where appropriate.
            (6) To establish ``lab-to-lab'' cooperative relationships 
        between United States public health laboratories and 
        established foreign counterparts.
            (7) To expand the training and outreach activities of 
        overseas United States laboratories, including Centers for 
        Disease Control and Prevention and Department of Defense 
        entities, to enhance the disease surveillance capabilities of 
        developing countries.
            (8) To provide appropriate technical assistance to existing 
        regional health networks and, where appropriate, seed money for 
        new regional networks.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Biological weapons convention.--The term ``Biological 
        Weapons Convention'' means the Convention on the Prohibition of 
        the Development, Production and Stockpiling of Bacteriological 
        (Biological) and Toxin Weapons and on Their Destruction, signed 
        at Washington, London, and Moscow April 10, 1972.
            (2) Eligible developing country.--The term ``eligible 
        developing country'' means any developing country that--
                    (A) has agreed to the objective of fully complying 
                with requirements of the World Health Organization on 
                reporting public health information on outbreaks of 
                infectious diseases;
                    (B) has not been determined by the Secretary, for 
                purposes of section 40 of the Arms Export Control Act 
                (22 U.S.C. 2780), section 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371), or section 6(j) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405), to have repeatedly 
provided support for acts of international terrorism, unless the 
Secretary exercises a waiver certifying that it is in the national 
interest of the United States to provide assistance under the 
provisions of this Act;
                    (C) is a state party to the Biological Weapons 
                Convention; and
                    (D) is determined by the United States Government 
                not to have an offensive biological weapons program.
            (3) Eligible national.--The term ``eligible national'' 
        means any citizen or national of an eligible developing country 
        who--
                    (A) is eligible to receive a visa under the 
                provisions of the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.); and
                    (B) is not currently or previously affiliated with 
                or employed by a laboratory or entity determined by the 
                United States Government to be involved in offensive 
                biological weapons activities.
            (4) International health organization.--The term 
        ``international health organization'' includes the World Health 
        Organization and the Pan American Health Organization.
            (5) Laboratory.--The term ``laboratory'' means a facility 
        for the biological, microbiological, serological, chemical, 
        immuno-hematological, hematological, biophysical, cytological, 
        pathological, or other examination of materials derived from 
        the human body for the purpose of providing information for the 
        diagnosis, prevention, or treatment of any disease or 
        impairment of, or the assessment of the health of, human 
        beings.
            (6) Select agent.--The term ``select agent'' has the 
        meaning applied in the administration of section 72.6 of title 
        42, Code of Federal Regulations.
            (7) Syndrome surveillance.--The term ``syndrome 
        surveillance'' means the recording of symptoms (patient 
        complaints) and signs (derived from physical examination) 
        combined with simple geographic locators to track the emergence 
        of a disease in a population.

SEC. 304. PRIORITY FOR CERTAIN COUNTRIES.

    Priority in the provision of United States assistance for eligible 
developing countries under all the provisions of this title shall be 
given to those countries that permit personnel from the World Health 
Organization and the Centers for Disease Control and Prevention to 
investigate outbreaks of infectious diseases on their territories, 
provide early notification of disease outbreaks, and provide pathogen 
surveillance data to appropriate United States departments and agencies 
in addition to international health organizations.

SEC. 305. RESTRICTION.

    Notwithstanding any other provision of this title, no foreign 
national participating in programs authorized under this title shall 
have access, during the course of such participation, to select agents 
that may be used as, or in, a biological weapon, except in a supervised 
and controlled setting.

SEC. 306. FELLOWSHIP PROGRAM.

    (a) Establishment.--There is established a fellowship program 
(hereafter in this section referred to as the ``program'') under which 
the Secretary, in consultation with the Secretary of Health and Human 
Services and subject to the availability of appropriations, shall award 
fellowships to eligible nationals to pursue public health education or 
training, as follows:
            (1) Master of public health degree.--Graduate courses of 
        study leading to a master of public health degree with a 
        concentration in epidemiology from an institution of higher 
        education in the United States with a Center for Public Health 
        Preparedness, as determined by the Centers for Disease Control 
        and Prevention.
            (2) Advanced public health epidemiology training.--Advanced 
        public health training in epidemiology to be carried out at the 
        Centers for Disease Control and Prevention (or equivalent State 
        facility), or other Federal facility (excluding the Department 
        of Defense or United States National Laboratories), for a 
        period of not less than 6 months or more than 12 months.
    (b) Specialization in Bioterrorism.--In addition to the education 
or training specified in subsection (a), each recipient of a fellowship 
under this section (hereafter in this section referred to as a 
``fellow'') may take courses of study at the Centers for Disease 
Control and Prevention or at an equivalent facility on diagnosis and 
containment of likely bioterrorism agents.
    (c) Fellowship Agreement.--
            (1) In general.--In awarding a fellowship under the 
        program, the Secretary, in consultation with the Secretary of 
        Health and Human Services, shall require the recipient to enter 
        into an agreement under which, in exchange for such assistance, 
        the recipient--
                    (A) will maintain satisfactory academic progress 
                (as determined in accordance with regulations issued by 
                the Secretary and confirmed in regularly scheduled 
                updates to the Secretary from the institution providing 
                the education or training on the progress of the 
                recipient's education or training);
                    (B) will, upon completion of such education or 
                training, return to the recipient's country of 
                nationality or last habitual residence (if it is an 
                eligible developing country) and complete at least four 
                years of employment in a public health position in the 
                government or a nongovernmental, not-for-profit entity 
                in that country or, with the approval of the Secretary, 
                complete part or all of this requirement through 
                service with an international health organization 
                without geographic restriction; and
                    (C) agrees that, if the recipient is unable to meet 
                the requirements described in subparagraph (A) or (B), 
                the recipient will reimburse the United States for the 
value of the assistance provided to the recipient under the fellowship, 
together with interest at a rate determined in accordance with 
regulations issued by the Secretary but not higher than the rate 
generally applied in connection with other Federal loans.
            (2) Waiver authority.--The Secretary may waive the 
        application of subparagraphs (B) and (C) of paragraph (1) if 
        the Secretary determines that it is in the national interest of 
        the United States to do so.
    (d) Implementation.--The Secretary, in consultation with the 
Secretary of Health and Human Services, is authorized to enter into an 
agreement with any eligible developing country under which the country 
agrees--
            (1) to establish a procedure for the nomination of eligible 
        nationals for fellowships under this section;
            (2) to guarantee that a fellow will be offered a 
        professional public health position within the country upon 
        completion of his studies; and
            (3) to certify to the Secretary when a fellow has concluded 
        the minimum period of employment in a public health position 
        required by the fellowship agreement, with an explanation of 
        how the requirement was met.
    (e) Participation of United States Citizens.--On a case-by-case 
basis, the Secretary may provide for the participation of United States 
citizens under the provisions of this section if the Secretary 
determines that it is in the national interest of the United States to 
do so. Upon completion of education or training as a fellow under this 
section, a United States citizen shall complete at least 5 years of 
employment in a public health position in an eligible developing 
country or an international health organization.

SEC. 307. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND SYNDROME 
              SURVEILLANCE.

    (a) In General.--In conjunction with the Centers for Disease 
Control and Prevention and the Department of Defense, the Secretary 
shall, subject to the availability of appropriations, support short 
training courses in-country (not in the United States) for laboratory 
technicians and other public health personnel from eligible developing 
countries in laboratory techniques relating to the identification, 
diagnosis, and tracking of pathogens responsible for possible 
infectious disease outbreaks. Training under this section may be 
conducted in overseas facilities of the Centers for Disease Control and 
Prevention or in Overseas Medical Research Units of the Department of 
Defense, as appropriate. The Secretary shall coordinate such training 
courses, where appropriate, with the existing programs and activities 
of the World Health Organization.
    (b) Training in Syndrome Surveillance.--In conjunction with the 
Centers for Disease Control and Prevention and the Department of 
Defense, the Secretary shall, subject to the availability of 
appropriations, establish and support short training courses in-country 
(not in the United States) for public health personnel from eligible 
developing countries in techniques of syndrome surveillance reporting 
and rapid analysis of syndrome information using Geographic Information 
System (GIS) and other Internet-based tools. Training under this 
subsection may be conducted via the Internet or in appropriate 
facilities as determined by the Secretary. The Secretary shall 
coordinate such training courses, where appropriate, with the existing 
programs and activities of the World Health Organization.

SEC. 308. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH 
              LABORATORY EQUIPMENT.

    (a) Authorization.--The President is authorized, on such terms and 
conditions as the President may determine, to furnish assistance to 
eligible developing countries to purchase and maintain public health 
laboratory equipment described in subsection (b).
    (b) Equipment Covered.--Equipment described in this subsection is 
equipment that is--
            (1) appropriate, where possible, for use in the intended 
        geographic area;
            (2) necessary to collect, analyze, and identify 
        expeditiously a broad array of pathogens, including mutant 
        strains, which may cause disease outbreaks or may be used as a 
        biological weapon;
            (3) compatible with general standards set forth, as 
        appropriate, by the World Health Organization and the Centers 
        for Disease Control and Prevention, to ensure interoperability 
        with regional and international public health networks;
            (4) necessary to secure and monitor pathogen collections 
        containing select agents; and
            (5) not defense articles or defense services.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (d) Limitation.--Funds made available to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment that, if made in the United States, would be subject to the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) or likely be barred or 
subject to special conditions under the Export Administration Act of 
1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (e) Host Country's Commitments.--The assistance provided under this 
section shall be contingent upon the host country's commitment to 
provide the resources, infrastructure, and other assets required to 
house, maintain, support, secure, monitor, and maximize use of this 
equipment and appropriate technical personnel.

SEC. 309. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH 
              INFORMATION.

    (a) Assistance for Purchase of Communication Equipment and 
Information Technology.--The President is authorized to provide, on 
such terms and conditions as the President may determine, assistance to 
eligible developing countries for the purchase and maintenance of 
communications equipment and information technology described in 
subsection (b), and supporting equipment, necessary to effectively 
collect, analyze, and transmit public health information.
    (b) Covered Equipment.--Equipment (and information technology) 
described in this subsection is equipment that--
            (1) is suitable for use under the particular conditions of 
        the area of intended use;
            (2) meets appropriate World Health Organization standards 
        to ensure interoperability with like equipment of other 
        countries and international health organizations; and
            (3) is not defense articles or defense services.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (50 U.S.C. App. 2401 et seq.) (or successor statutes).
    (d) Limitation.--Funds made available to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment that, if made in the United States, would be subject to the 
Arms Export Control Act or likely be barred or subject to special 
conditions under the Export Administration Act of 1979 (50 U.S.C. App. 
2401 et seq.) (or successor statutes).
    (e) Assistance for Standardization of Reporting.--The President is 
authorized to provide, on such terms and conditions as the President 
may determine, technical assistance and grant assistance to 
international health organizations to facilitate standardization in the 
reporting of public health information between and among developing 
countries and international health organizations.
    (f) Host Country's Commitments.--The assistance provided under this 
section shall be contingent upon the host country's commitment to 
provide the resources, infrastructure, and other assets required to 
house, support, maintain, secure, and maximize use of this equipment 
and appropriate technical personnel.

SEC. 310. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES 
              MISSIONS AND INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Upon the request of a United States chief of 
diplomatic mission or an international health organization, and with 
the concurrence of the Secretary, the head of a Federal agency may 
assign to the respective United States mission or organization any 
officer or employee of the agency occupying a public health position 
within the agency for the purpose of enhancing disease and pathogen 
surveillance efforts in developing countries.
    (b) Reimbursement.--The costs incurred by a Federal agency by 
reason of the detail of personnel under subsection (a) may be 
reimbursed to that agency out of the applicable appropriations account 
of the Department of State if the Secretary determines that the 
relevant agency may otherwise be unable to assign such personnel on a 
non-reimbursable basis.

SEC. 311. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES 
              ABROAD.

    (a) In General.--Subject to the availability of appropriations, the 
Centers for Disease Control and Prevention and the Department of 
Defense shall each--
            (1) increase the number of personnel assigned to 
        laboratories of the Centers or the Department, as appropriate, 
        located in eligible developing countries that conduct research 
        and other activities with respect to infectious diseases; and
            (2) expand the operations of those laboratories, especially 
        with respect to the implementation of on-site training of 
        foreign nationals and regional outreach efforts involving 
        neighboring countries.
    (b) Cooperation and Coordination Between Laboratories.--Subsection 
(a) shall be carried out in such a manner as to foster cooperation and 
avoid duplication between and among laboratories.
    (c) Relation to Core Missions and Security.--The expansion of the 
operations of overseas laboratories of the Centers or the Department 
under this section shall not--
            (1) detract from the established core missions of the 
        laboratories; or
            (2) compromise the security of those laboratories, as well 
        as their research, equipment, expertise, and materials.

SEC. 312. ASSISTANCE FOR REGIONAL HEALTH NETWORKS AND EXPANSION OF 
              FOREIGN EPIDEMIOLOGY TRAINING PROGRAMS.

    (a) Authority.--The President is authorized, on such terms and 
conditions as the President may determine, to provide assistance for 
the purposes of--
            (1) enhancing the surveillance and reporting capabilities 
        of the World Health Organization and existing regional health 
        networks; and
            (2) developing new regional health networks.
    (b) Expansion of Foreign Epidemiology Training Programs.--The 
Secretary of Health and Human Services is authorized to establish new 
country or regional Foreign Epidemiology Training Programs in eligible 
developing countries.

SEC. 313. AVAILABILITY OF FUNDS.

    (a) In General.--Of the funds appropriated to the Department of 
State for fiscal year 2004, up to $35,000,000 may be used to carry out 
this title.
    (b) Allocation of Funds.--Of the amounts made available under 
subsection (a)--
            (1) $25,000,000 may be used to carry out sections 306, 307, 
        308, and 309;
            (2) $500,000 may be used to carry out section 310;
            (3) $2,500,000 may be used to carry out section 311; and
            (4) $7,000,000 may be used to carry out section 312.
    (c) Reporting Requirement.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall, in conjunction with 
the Secretary of Health and Human Services and the Secretary of 
Defense, submit to the appropriate congressional committees a report 
containing--
            (1) a description of the implementation of programs under 
        this title that has been undertaken or is planned; and
            (2) an estimate of the level of funding required to carry 
        out those programs at a sufficient level.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
              COUNTRIES.

    (a) Authority To Transfer by Grant.--The President is authorized to 
transfer vessels to foreign countries on a grant basis under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321(j)) as 
follows:
            (1) The OLIVER HAZARD PERRY class guided missile frigate 
        USS GEORGE PHILIP (FFG 12) to the Government of Bahrain.
            (2) The OLIVER HAZARD PERRY class guided missile frigate 
        USS SIDES (FFG 14) to the Government of Portugal.
    (b) Authority To Transfer by Sale.--The President is authorized to 
transfer the SPRUANCE class destroyer FLETCHER (DD 992) to the 
Government of Chile on a sales basis under section 21 of the Arms 
Export Control Act (22 U.S.C. 2761).
    (c) Grants Not Counted Against Aggregate Value of Transferred 
Excess Defense Articles.--The value of a vessel transferred to another 
country on a grant basis under section 516 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by 
subsection (a) shall not be counted for the purposes of subsection (g) 
of that section in the aggregate value of excess defense articles 
transferred to countries under that section in any fiscal year.
    (d) Costs of Transfers.--Any expense incurred by the United States 
in connection with a transfer authorized to be made on a grant basis 
under subsection (a) shall be charged to the recipient (notwithstanding 
section 516(e)(1) of the Foreign Assistance Act of 1961 (2 U.S.C. 
2321j(e)(1))).
    (e) Repair and Refurbishment in United States Shipyards.--To the 
maximum extent practicable, the President shall require, as a condition 
of the transfer of a vessel under this section, that the country to 
which the vessel is transferred have such repair or refurbishment of 
the vessel as is needed, before the vessel joins the naval forces of 
that country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (f) Expiration of Authority.-- The authority to transfer a vessel 
under this section shall expire at the end of the 2-year period 
beginning on the date of the enactment of this Act.

SEC. 402. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN 
              THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.

    (a) Transfers for Concessions.--
            (1) Authority.--Notwithstanding section 514 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321h), the President may 
        transfer to Israel, in exchange for concessions to be 
        negotiated by the Secretary of Defense, with the concurrence of 
        the Secretary, any or all of the items described in paragraph 
        (2).
            (2) Covered items.--The items referred to in paragraph (1) 
        are armor, artillery, automatic weapons ammunition, missiles, 
        and other munitions that--
                    (A) are obsolete or surplus items;
                    (B) are in the inventory of the Department of 
                Defense;
                    (C) are intended for use as reserve stocks for 
                Israel; and
                    (D) as of the date of enactment of this Act, are 
                located in a stockpile in Israel.
    (b) Value of Concessions.--The value of concessions negotiated 
pursuant to subsection (a) shall be at least equal to the fair market 
value of the items transferred. The concessions may include cash 
compensation, services, waiver of charges otherwise payable by the 
United States, and other items of value.
    (c) Advance Notification of Transfers.--Not later than 30 days 
before making a transfer under the authority of this section, the 
President shall transmit a notification of the proposed transfer to the 
Committees on Foreign Relations and Armed Services of the Senate and 
the Committees on International Relations and Armed Services of the 
House of Representatives. The notification shall identify the items to 
be transferred and the concessions to be received.
    (d) Expiration of Authority.--No transfer may be made under the 
authority of this section more than 5 years after the date of the 
enactment of this Act.




                                                       Calendar No. 390

108th CONGRESS

  1st Session

                                S. 1864

_______________________________________________________________________

                                 A BILL

 To enhance the security of the United States and United States allies.

_______________________________________________________________________

                           November 17, 2003

            Read the second time and placed on the calendar