II 

Calendar No. 1074 

110TH CONGRESS 

2D SESSION S. 3563 

[Report No. 110–496] 

To authorize appropriations under the Arms Export Control Act and the 

Foreign Assistance Act of 1961 for security assistance for fiscal years 

2009 and 2010, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Mr. DODD, from the Committee on Foreign Relations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations under the Arms Export Control 

Act and the Foreign Assistance Act of 1961 for security 

assistance for fiscal years 2009 and 2010, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Security Assistance Act of 2008’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MILITARY AND RELATED ASSISTANCE 

Subtitle A—Funding Authorizations 

Sec. 101. Foreign military financing program. 

Sec. 102. International military education and training. 

Subtitle B—Foreign Assistance Act of 1961 Amendments and Related 

Provisions 

Sec. 111. Waiver of net proceeds resulting from disposal of United States defense articles provided to a foreign country on a grant basis. 

Sec. 112. Additions to war reserve stockpiles for allies for fiscal years 2009 and 

2010. 

Sec. 113. Assistance for law enforcement forces. 

Sec. 114. Database of United States military assistance. 

Sec. 115. Annual report on foreign military training. 

Sec. 116. Demining programs. 

Sec. 117. Special waiver authority. 

Sec. 118. Military coups. 

Sec. 119. Focus on international military education and training. 

Subtitle C—Arms Export Control Act Amendments and Related Provisions 

Sec. 121. Thresholds for advance notice to Congress of sales or upgrades of defense articles, design and construction services, and major defense equipment. 

Sec. 122. Clarification of requirement for advance notice to Congress of comprehensive export authorizations. 

Sec. 123. Transfers of small arms and light weapons. 

Sec. 124. Plan regarding cluster munitions sold to foreign countries. 

Sec. 125. Authority to provide cataloging data and services to non-NATO countries. 

Sec. 126. Haitian Coast Guard. 

Sec. 127. Security cooperation with the Republic of Korea. 

TITLE II—AUTHORITY TO TRANSFER NAVAL VESSELS 

Sec. 201. Short title. 

Sec. 202. Transfer of naval vessels to certain foreign recipients. 

TITLE III—NONPROLIFERATION, ANTITERRORISM, AND EXPORT 

CONTROL ASSISTANCE 

Subtitle A—Funding Authorizations 

Sec. 301. Nonproliferation, anti-terrorism, demining, and related programs. 

Sec. 302. Contributions to international organizations supporting key nonproliferation goals. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 


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Sec. 311. Amendments to the Atomic Energy Act of 1954. 

Subtitle C—Reporting Requirements 

Sec. 321. Amendments to the Arms Control and Disarmament Act. 

Sec. 322. Adequate funding for IAEA safeguards. 

Sec. 323. Amended annual report on nuclear nonproliferation. 

Sec. 324. Amended additional reports on nonproliferation. 

Sec. 325. Consolidation of reports on non-proliferation in South Asia. 

Sec. 326. Repeal of annual report on Russian debt reduction for nonproliferation. 

Sec. 327. Annual assessments of nonproliferation and disarmament fund 

projects. 

Sec. 328. Reports on 2010 Nuclear Non-Proliferation Treaty Review Conference. 

TITLE IV—NUCLEAR SAFEGUARDS AND SUPPLY 

Sec. 401. Short title. 

Sec. 402. Appropriate congressional committees defined. 

Subtitle A—Nuclear Safeguards and Nuclear Fuel Supply 

Sec. 411. Findings. 

Sec. 412. Declaration of policy. 

Sec. 413. Safeguards Analytical Laboratory. 

Sec. 414. Safeguards technology development program. 

Sec. 415. Safeguards Cadre Program. 

Subtitle B—Nuclear Fuel Supply 

Sec. 421. Authority for bilateral and multilateral nuclear fuel supply mechanisms. 

Sec. 422. Report on the establishment of an international fuel authority. 

Sec. 423. Sense of the Senate on IAEA fuel supply. 

TITLE V—GLOBAL PATHOGEN SURVEILLANCE 

Sec. 501. Short title. 

Sec. 502. Findings; purpose. 

Sec. 503. Definitions. 

Sec. 504. Eligibility for assistance. 

Sec. 505. Restriction. 

Sec. 506. Fellowship program. 

Sec. 507. In-country training in laboratory techniques and disease and syndrome surveillance. 

Sec. 508. Assistance for the purchase and maintenance of public health laboratory equipment and supplies. 

Sec. 509. Assistance for improved communication of public health information. 

Sec. 510. Assignment of public health personnel to United States missions and 

international organizations. 

Sec. 511. Expansion of certain United States Government laboratories abroad. 

Sec. 512. Assistance for international health networks and expansion of Field 

Epidemiology Training Programs. 

Sec. 513. Reports. 

Sec. 514. Authorization of appropriations. 

TITLE VI—INTERNATIONAL SPACE STATION PAYMENTS 


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Sec. 601. Short title. 

Sec. 602. Authority to make certain extraordinary payments in connection with 

the International Space Station. 

1 TITLE I—MILITARY AND 

2 RELATED ASSISTANCE 

3 Subtitle A—Funding 

4 Authorizations 

5 SEC. 101. FOREIGN MILITARY FINANCING PROGRAM. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the President for 

8 grant assistance under section 23 of the Arms Export 

9 Control Act (22 U.S.C. 2763), $4,982,000,000 for fiscal 

10 year 2009 and such sums as may be necessary for fiscal 

11 year 2010. 

12 (b) ASSISTANCE FOR ISRAEL.—Section 513(c) of the 

13 Security Assistance Act of 2000 (Public Law 106–280; 

14 114 Stat. 856), as amended by section 1221(a) of the Se15 curity Assistance Act of 2002 (division B of Public Law 

16 107–228; 116 Stat. 1430), is further amended— 

17 (1) in paragraph (1), by striking ‘‘2002 and 

18 2003’’ and inserting ‘‘2009 and 2010’’; 

19 (2) in paragraph (3), by striking ‘‘Funds au20 thorized’’ and all that follows through ‘‘later.’’ and 

21 inserting ‘‘Funds authorized to be available for 

22 Israel under subsection (b)(1) and paragraph (1) for 

23 fiscal year 2009 shall be disbursed not later than 30 

24 days after the date of the enactment of an Act makVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 ing appropriations for foreign operations, export fi2 nancing, and related programs for fiscal year 2009, 

3 or October 31, 2008, whichever is later’’; and 

4 (3) in paragraph (4)— 

5 (A) by striking ‘‘2002 and 2003’’ and in6 serting ‘‘2009 and 2010’’; and 

7 (B) by striking ‘‘$535,000,000 for fiscal 

8 year 2002 and not less than $550,000,000 for 

9 fiscal year 2003’’ and inserting 

10 ‘‘$2,550,000,000 for fiscal year 2009 and not 

11 less than $2,550,000,000 for fiscal year 2010’’. 

12 (c) ASSISTANCE FOR EGYPT.—Section 514 of the Se13 curity Assistance Act of 2000 (Public Law 106–280; 114 

14 Stat. 857), as amended by section 1221(b) of the Security 

15 Assistance Act of 2002 (116 Stat. 1430), is further 

16 amended— 

17 (1) in subsection (c) by striking ‘‘2002 and 

18 2003’’ and inserting ‘‘2009 and 2010’’; and 

19 (2) in subsection (e), by striking ‘‘Funds esti20 mated’’ and all that follows through ‘‘of the respec21 tive fiscal year, whichever is later’’ and inserting 

22 ‘‘Funds estimated to be outlayed for Egypt under 

23 subsection (c) during fiscal year 2009 shall be dis24 bursed to an interest-bearing account for Egypt in 

25 the Federal Reserve Bank of New York not later 


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1 than 30 days after the date of the enactment of an 

2 Act making appropriations for foreign operations, 

3 export financing, and related programs for fiscal 

4 year 2009, or by October 31, 2008, whichever is 

5 later’’. 

6 SEC. 102. INTERNATIONAL MILITARY EDUCATION AND 

7 TRAINING. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 

10 2347a) is amended by striking ‘‘There are authorized’’ 

11 and all that follows through ‘‘fiscal year 1987’’ and insert12 ing ‘‘There are authorized to be appropriated to the Presi13 dent to carry out the purposes of this chapter $91,500,000 

14 for fiscal year 2009 and such sums as may be necessary 

15 for fiscal year 2010’’. 

16 (b) AUTHORITY TO PROVIDE TO INTERNATIONAL OR17 GANIZATIONS.—Section 541 of such Act (22 U.S.C. 2347) 

18 is amended in the first sentence by inserting ‘‘and com19 parable personnel of international organizations’’ after 

20 ‘‘foreign countries’’. 


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1 Subtitle B—Foreign Assistance Act 

2 of 1961 Amendments and Re3 lated Provisions 

4 SEC. 111. WAIVER OF NET PROCEEDS RESULTING FROM 

5 DISPOSAL OF UNITED STATES DEFENSE AR6 TICLES PROVIDED TO A FOREIGN COUNTRY 

7 ON A GRANT BASIS. 

8 Section 505(f) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2314(f)) is amended by striking ‘‘In the case 

10 of items which were delivered prior to 1985, the’’ in the 

11 second sentence and inserting ‘‘The’’. 

12 SEC. 112. ADDITIONS TO WAR RESERVE STOCKPILES FOR 

13 ALLIES FOR FISCAL YEARS 2009 AND 2010. 

14 Section 514(b)(2)(A) of the Foreign Assistance Act 

15 of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by strik16 ing ‘‘for each of fiscal years 2007 and 2008’’ and inserting 

17 ‘‘for each of fiscal years 2009 and 2010’’. 

18 SEC. 113. ASSISTANCE FOR LAW ENFORCEMENT FORCES. 

19 Section 660 of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2420) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (4), by striking ‘‘or’’; 

23 (B) in paragraph (6), by striking ‘‘and the 

24 provision of professional’’ and all that follows 

25 through ‘‘democracy’’ and inserting ‘‘including 


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1 any regional, district, municipal, or other sub2 national entity emerging from instability’’; 

3 (C) by striking the period at the end of 

4 paragraph (7) and inserting a semicolon; and 

5 (D) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(8) with respect to assistance to combat cor8 ruption in furtherance of the objectives for which 

9 programs are authorized to be established under sec10 tion 133 of this Act; 

11 ‘‘(9) with respect to the provision of profes12 sional public safety training, including training in 

13 internationally recognized standards of human 

14 rights, the rule of law, and the promotion of civilian 

15 police roles that support democracy; 

16 ‘‘(10) with respect to assistance to combat traf17 ficking in persons; or 

18 ‘‘(11) with respect to assistance for constabu19 laries or comparable law enforcement authorities in 

20 support of developing capabilities for and deploy21 ment to peace operations.’’; and 

22 (2) by striking subsection (d) and inserting the 

23 following new subsection: 

24 ‘‘(d) Subsection (a) shall not apply to assistance for 

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1 by-case basis, determines that it is important to the na2 tional interest of the United States to furnish such assist3 ance and submits to the committees of the Congress re4 ferred to in subsection (a) of section 634A of this Act an 

5 advance notification of the obligation of funds for such 

6 assistance in accordance with such section.’’. 

7 SEC. 114. DATABASE OF UNITED STATES MILITARY ASSIST8 ANCE. 

9 Section 655 of the Foreign Assistance Act of 1961 

10 (22 U.S.C. 2415) is amended by striking subsection (c) 

11 and inserting the following new subsection: 

12 ‘‘(c) AVAILABILITY OF REPORT INFORMATION ON

13 THE INTERNET.— 

14 ‘‘(1) REQUIREMENT FOR DATABASE.—The 

15 President shall make available to the public the un16 classified portion of each such report in the form of 

17 a database that is available via the Internet and that 

18 may be searched by various criteria. 

19 ‘‘(2) SCHEDULE FOR UPDATING.—Not later 

20 than April 1 of each year, the President shall make 

21 available in the database the information contained 

22 in the annual report for the fiscal year ending the 

23 previous September 30.’’. 


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1 SEC. 115. ANNUAL REPORT ON FOREIGN MILITARY TRAIN2 ING. 

3 Subsection (a)(1) of section 656 of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2416) is amended— 

5 (1) by striking ‘‘January 31’’ and inserting 

6 ‘‘March 1’’; and 

7 (2) by striking ‘‘and all such training proposed 

8 for the current year’’. 

9 SEC. 116. DEMINING PROGRAMS. 

10 (a) CLARIFICATION OF AUTHORITY.—Section 551 of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2348) is 

12 amended— 

13 (1) in the second sentence, by striking ‘‘Such 

14 assistance may include reimbursement’’ and insert15 ing ‘‘Such assistance may include the following: 

16 ‘‘(1) Reimbursements’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(2) Demining activities, clearance of 

19 unexploded ordnance, destruction of small arms, 

20 light weapons, and other conventional weapons, and 

21 related activities, notwithstanding any other provi22 sion of law.’’. 

23 (b) DISPOSAL OF DEMINING EQUIPMENT.—Notwith24 standing any other provision of law, demining equipment 

25 available to the United States Agency for International 

26 Development and the Department of State and used in 


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1 support of the clearance of landmines and unexploded ord2 nance for humanitarian purposes, may be disposed of on 

3 a grant basis in foreign countries, subject to such terms 

4 and conditions as the President determines appropriate. 

5 SEC. 117. SPECIAL WAIVER AUTHORITY. 

6 (a) REVISION OF AUTHORITY.—Section 614 of the 

7 Foreign Assistance Act of 1961 (22 U.S.C. 2364) is 

8 amended in subsection (a)— 

9 (1) by striking paragraphs (1) and (2) and in10 serting the following new paragraph: 

11 ‘‘(1) The President may authorize any assistance, 

12 sale, or other action under this Act, the Arms Export Con13 trol Act (22 U.S.C. 2751 et seq.), or any other law that 

14 authorizes the furnishing of foreign assistance or the ap15 propriation of funds for foreign assistance, without regard 

16 to any of the provisions described in subsection (b) if the 

17 President determines, and notifies the Committees on For18 eign Relations and Appropriations of the Senate and the 

19 Committees on Foreign Affairs and Appropriations of the 

20 House of Representatives in writing— 

21 ‘‘(A) with respect to assistance or other actions 

22 under chapter 2 or 5 of part II of this Act, or sales 

23 or other actions under the Arms Export Control Act, 

24 that to do so is vital to the national security inter25 ests of the United States; and 


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1 ‘‘(B) with respect to other assistance or actions, 

2 that to do so is important to the security interests 

3 of the United States.’’; and 

4 (2) by redesignating paragraphs (3), (4), and 

5 (5) as paragraphs (2), (3), and (4), respectively. 

6 (b) INCREASED LIMITATION ON SINGLE COUNTRY

7 ALLOCATION.—Subsection (a)(3)(C) of such section, as 

8 redesignated, is amended by striking ‘‘$50,000,000’’ and 

9 inserting ‘‘$75,000,000’’. 

10 (c) REPEAL OF PROVISIONS RELATING TO GERMANY

11 AND A CERTIFICATION REQUIREMENT.—Section 614 of 

12 such Act is further amended by striking subsections (b) 

13 and (c). 

14 (d) INAPPLICABLE OR WAIVABLE LAWS.—Such sec15 tion, as amended by subsection (c), is further amended 

16 by adding at the end the following: 

17 ‘‘(b) INAPPLICABLE OR WAIVABLE LAWS.—The pro18 visions referred to in subsection (a) are those set forth 

19 in any of the following: 

20 ‘‘(1) Any provision of this Act. 

21 ‘‘(2) Any provision of the Arms Export Control 

22 Act (22 U.S.C. 2751 et seq.). 

23 ‘‘(3) Any provision of law that authorizes the 

24 furnishing of foreign assistance or appropriates 

25 funds for foreign assistance. 


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1 ‘‘(4) Any other provision of law that restricts 

2 assistance, sales or leases, or other action under a 

3 provision of law referred to in paragraph (1), (2), or 

4 (3). 

5 ‘‘(5) Any provision of law that relates to re6 ceipts and credits accruing to the United States.’’. 

7 SEC. 118. MILITARY COUPS. 

8 Section 620 of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2370) is amended by inserting after subsection 

10 (l) the following new subsection (m): 

11 ‘‘(m)(1) No assistance may be furnished under this 

12 Act or the Arms Export Control Act (22 U.S.C. 2751 et 

13 seq.) for the government of a country if the duly elected 

14 head of government for such country is deposed by decree 

15 or military coup. The prohibition in the preceding sentence 

16 shall cease to apply to a country if the President deter17 mines and certifies to the Committee on Foreign Relations 

18 of the Senate and the Committee on Foreign Affairs of 

19 the House of Representatives that after the termination 

20 of assistance a democratically elected government for such 

21 country has taken office. 

22 ‘‘(2) Paragraph (1) does not apply to assistance to 

23 promote democratic elections or public participation in 

24 democratic processes. 


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1 ‘‘(3) The President may waive the application of 

2 paragraph (1), and any comparable provision of law, to 

3 a country upon determining that it is important to the 

4 national security interest of the United States to do so.’’. 

5 SEC. 119. FOCUS ON INTERNATIONAL MILITARY EDU6 CATION AND TRAINING. 

7 Section 541 of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2347) is amended— 

9 (1) by striking ‘‘or (iv)’’ and inserting ‘‘(iv)’’; 

10 and 

11 (2) by striking ‘‘rights.’’ and inserting ‘‘rights, 

12 or (v) improve the protection of civilians, especially 

13 women and children, including those who are refu14 gees or displaced persons.’’. 

15 Subtitle C—Arms Export Control 

16 Act Amendments and Related 

17 Provisions 

18 SEC. 121. THRESHOLDS FOR ADVANCE NOTICE TO CON19 GRESS OF SALES OR UPGRADES OF DEFENSE 

20 ARTICLES, DESIGN AND CONSTRUCTION 

21 SERVICES, AND MAJOR DEFENSE EQUIP22 MENT. 

23 (a) LETTERS OF OFFER TO SELL.—Subsection (b) 

24 of section 36 of the Arms Export Control Act (22 U.S.C. 

25 2776) is amended— 


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1 (1) in the first sentence of paragraph (1)— 

2 (A) by striking ‘‘Subject to paragraph (6), 

3 in’’ and inserting ‘‘In’’; 

4 (B) by striking ‘‘Act for $50,000,000’’ and 

5 inserting ‘‘Act for $100,000,000’’; 

6 (C) by striking ‘‘services for 

7 $200,000,000’’ and inserting ‘‘services for 

8 $350,000,000’’; 

9 (D) by striking ‘‘$14,000,000’’ and insert10 ing ‘‘$50,000,000’’; and 

11 (E) by inserting ‘‘and in other cases if the 

12 President determines it is appropriate,’’ before 

13 ‘‘before such letter’’; 

14 (2) in the first sentence of paragraph (5)(C)— 

15 (A) by striking ‘‘Subject to paragraph (6), 

16 if’’ and inserting ‘‘If’’; 

17 (B) by striking ‘‘costs $14,000,000’’ and 

18 inserting ‘‘costs $50,000,000’’; 

19 (C) by striking ‘‘equipment, $50,000,000’’ 

20 and inserting ‘‘equipment, $100,000,000’’; 

21 (D) by striking ‘‘or $200,000,000’’ and in22 serting ‘‘or $350,000,000’’; and 

23 (E) by inserting ‘‘and in other cases if the 

24 President determines it is appropriate,’’ before 

25 ‘‘then the President’’; and 


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1 (3) by striking paragraph (6). 

2 (b) EXPORT LICENSES.—Subsection (c) of section 36 

3 of the Arms Export Control Act (22 U.S.C. 2776) is 

4 amended— 

5 (1) in the first sentence of paragraph (1)— 

6 (A) by striking ‘‘Subject to paragraph (5), 

7 in’’ and inserting ‘‘In’’; 

8 (B) by striking ‘‘$14,000,000’’ and insert9 ing ‘‘$50,000,000’’; 

10 (C) by striking ‘‘services sold under a con11 tract in the amount of $50,000,000’’ and in12 serting ‘‘services sold under a contract in the 

13 amount of $100,000,000’’; and 

14 (D) by inserting ‘‘and in other cases if the 

15 President determines it is appropriate,’’ before 

16 ‘‘before issuing such’’; 

17 (2) in the last sentence of paragraph (2), by 

18 striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and 

19 (C)’’; and 

20 (3) by striking paragraph (5). 

21 (c) PRESIDENTIAL CONSENT.—Section 3(d) of the 

22 Arms Export Control Act (22 U.S.C. 2753(d)) is amend23 ed— 

24 (1) in paragraphs (1) and (3)(A)— 


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1 (A) by striking ‘‘Subject to paragraph (5), 

2 the’’ and inserting ‘‘The’’; 

3 (B) by striking ‘‘$14,000,000’’ and insert4 ing ‘‘$50,000,000’’; and 

5 (C) by striking ‘‘service valued (in terms of 

6 its original acquisition cost) at $50,000,000’’ 

7 and inserting ‘‘service valued (in terms of its 

8 original acquisition cost) at $100,000,000’’; and 

9 (2) by striking paragraph (5). 

10 SEC. 122. CLARIFICATION OF REQUIREMENT FOR ADVANCE 

11 NOTICE TO CONGRESS OF COMPREHENSIVE 

12 EXPORT AUTHORIZATIONS. 

13 Subsection (d) of section 36 of the Arms Export Con14 trol Act (22 U.S.C. 2776) is amended— 

15 (1) in paragraph (1)— 

16 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

17 (B) by striking ‘‘this subsection’’ and in18 serting ‘‘this subparagraph’’; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(B) Notwithstanding section 27(g), in the case of 

22 a comprehensive authorization described in section 126.14 

23 of title 22, Code of Federal Regulations (or any cor24 responding similar regulation) for the proposed export of 

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1 ceeds a limitation set forth in subsection (c)(1), before the 

2 comprehensive authorization is approved or the addition 

3 of a foreign government or other foreign partner to the 

4 comprehensive authorization is approved, the President 

5 shall submit a certification with respect to the comprehen6 sive authorization in a manner similar to the certification 

7 required under subsection (c)(1) of this section and con8 taining comparable information, except that the last sen9 tence of such subsection shall not apply to certifications 

10 submitted pursuant to this subparagraph.’’; and 

11 (2) in paragraph (4), by striking ‘‘Approval for 

12 an agreement subject to paragraph (1) may not be 

13 given under section 38’’ and inserting ‘‘Approval for 

14 an agreement subject to paragraph (1)(A), or for a 

15 comprehensive authorization subject to paragraph 

16 (1)(B), may not be given under section 38 or section 

17 126.14 of title 22, Code of Federal Regulations (or 

18 any corresponding similar regulation), as the case 

19 may be,’’. 

20 SEC. 123. TRANSFERS OF SMALL ARMS AND LIGHT WEAP21 ONS. 

22 (a) LETTERS OF OFFER TO SELL DEFENSE ARTI23 CLES OR SERVICES.—Subsection (b)(1) of section 36 of 

24 the Arms Export Control Act (22 U.S.C. 2776) is amend25 ed— 


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1 (1) in subparagraph (O), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (2) in subparagraph (P), by striking the period 

4 at the end, and inserting ‘‘; and’’; and 

5 (3) by inserting after paragraph (P) the fol6 lowing new subparagraph: 

7 ‘‘(Q) for any proposed sale of firearms list8 ed in category I of the United States Munitions 

9 List that require a license for international ex10 port under this section— 

11 ‘‘(i) an analysis of the impact of the 

12 proposed sale on efforts by the United 

13 States relating to the collection and de14 struction of excess small arms and light 

15 weapons; and 

16 ‘‘(ii) a detailed description of any pro17 vision or requirement for the recipient 

18 state to dispose of firearms that would be19 come excess as a result of the proposed 

20 sale.’’. 

21 (b) APPLICATIONS FOR EXPORT LICENSES.—The 

22 second sentence of subsection (c) of such section is amend23 ed by inserting after ‘‘such offset agreement.’’ the fol24 lowing: ‘‘Each numbered certification regarding the pro25 posed export of firearms listed in category I of the United 


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1 States Munitions List shall include an analysis of the im2 pact of the proposed sales on efforts by the United States 

3 relating to the collection and destruction of excess small 

4 arms and light weapons and a detailed description of any 

5 provision or requirement for the recipient state to dispose 

6 of firearms that would become excess as a result of the 

7 proposed export.’’. 

8 (c) TRANSFERS OF CERTAIN EXCESS DEFENSE AR9 TICLES.—Subsection (f)(2) of section 516 of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 2321j) is amended— 

11 (1) in subparagraph (C), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (2) by redesignating subparagraph (D) as sub14 paragraph (E); and 

15 (3) by inserting after subparagraph (C) the fol16 lowing new subparagraph: 

17 ‘‘(D) for any proposed transfer of firearms 

18 listed in category I of the United States Muni19 tions List that would require a license for inter20 national export under section 36 of the Arms 

21 Export Control Act (22 U.S.C. 2776)— 

22 ‘‘(i) an analysis of the impact of the 

23 proposed sale on efforts by the United 

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1 struction of excess small arms and light 

2 weapons; and 

3 ‘‘(ii) a detailed description of any pro4 vision or requirement for the recipient 

5 state to dispose of firearms that would be6 come excess as a result of the proposed 

7 transfer; and’’. 

8 SEC. 124. PLAN REGARDING CLUSTER MUNITIONS SOLD TO 

9 FOREIGN COUNTRIES. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) Use by recipient countries of United States13 origin cluster munitions that result in high rates of 

14 unexploded ordnance can damage the reputation of 

15 the United States, even if the United States no 

16 longer controls how such weapons are used, because 

17 of the human and economic damage such unexploded 

18 ordnance can cause. 

19 (2) According to a 2005 report by the Defense 

20 Science Board Task Force on Munitions System Re21 liability, cluster munitions from a weapon acquisition 

22 program that reached the production and deploy23 ment phase by the first quarter of fiscal year 2005 

24 are a major contributor to unexploded ordinance 

25 from cluster munition submunitions. 


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1 (3) According to the same 2005 report, cluster 

2 munitions are more likely to fail, and therefore leave 

3 unexploded ordnance, as they age past their design 

4 life. 

5 (4) On June 19, 2008, the Secretary of Defense 

6 issued a memorandum on Department of Defense 

7 policy on cluster munitions and unintended harm to 

8 civilians. 

9 (5) Under the June 2008 policy, the Depart10 ment of Defense may, consistent with United States 

11 law and policy, seek to transfer cluster munitions 

12 that do not meet a specified performance rate for 

13 unexploded ordnance only if the receiving foreign 

14 government agrees not to use such cluster munitions 

15 after 2018. 

16 (6) The June 2008 policy does not address 

17 cluster munitions that are past their design life. 

18 (b) PLAN REQUIRED.—Not later than 180 days after 

19 the date of the enactment of this Act, the Secretary of 

20 State, in consultation with the Secretary of Defense, shall 

21 provide to the Committee on Foreign Relations of the Sen22 ate and the Committee on Foreign Affairs of the House 

23 of Representatives an unclassified report, with a classified 

24 annex as necessary, that— 


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1 (1) identifies those cluster munitions that have 

2 been sold or transferred pursuant to the Arms Ex3 port Control Act (22 U.S.C. 2751 et seq.); 

4 (2) identifies the countries to which cluster mu5 nitions have been transferred pursuant to the Arms 

6 Export Control Act, and the numbers of such muni7 tions in such countries that are, or will soon be, be8 yond their design life; 

9 (3) identifies those countries that received clus10 ter munitions that are, or will soon be, beyond their 

11 design life and have destroyed, deactivated, or refur12 bished such munitions or will not use such muni13 tions, except for purposes of training or development 

14 of detection and clearing methods; and 

15 (4) details a plan to eliminate from operational 

16 stockpiles of other countries the risks to innocent ci17 vilians posed by United States-origin cluster muni18 tions that are past their design life. 

19 SEC. 125. AUTHORITY TO PROVIDE CATALOGING DATA AND 

20 SERVICES TO NON-NATO COUNTRIES. 

21 Section 21(h)(2) of the Arms Export Control Act (22 

22 U.S.C. 2761(h)(2)) is amended by striking ‘‘to the North 

23 Atlantic Treaty Organization’’ and all that follows through 

24 ‘‘provides’’ and inserting ‘‘to the North Atlantic Treaty 

25 Organization, to any member government of that OrganiVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 zation, or to the government of any other country if that 

2 Organization, member government, or other government 

3 provides’’. 

4 SEC. 126. HAITIAN COAST GUARD. 

5 The Government of Haiti shall be eligible to purchase 

6 defense articles and services for the Haitian Coast Guard 

7 under the Arms Export Control Act (22 U.S.C. 2751 et 

8 seq.), subject to the prior notification requirements under 

9 section 634A of the Foreign Assistance Act of 1961 (22 

10 U.S.C. 2394–1). 

11 SEC. 127. SECURITY COOPERATION WITH THE REPUBLIC 

12 OF KOREA. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) Close and continuing defense cooperation 

16 between the United States and the Republic of 

17 Korea continues to be in the national security inter18 est of the United States. 

19 (2) The Republic of Korea was designated a 

20 Major Non-NATO Ally in 1987, the first such des21 ignation. 

22 (3) The Republic of Korea has been a major 

23 purchaser of United States defense articles and serv24 ices through the Foreign Military Sales (FMS) proVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 gram, totaling $6,900,000,000 in deliveries over the 

2 last 10 years. 

3 (4) Purchases of United States defense articles, 

4 services, and major defense equipment facilitate and 

5 increase the interoperability of Republic of Korea 

6 military forces with the United States Armed 

7 Forces. 

8 (5) Congress has previously enacted important, 

9 special defense cooperation arrangements for the Re10 public of Korea, as in the Act entitled ‘‘An Act to 

11 authorize the transfer of items in the War Reserves 

12 Stockpile for Allies, Korea’’, approved December 30, 

13 2005 (Public Law 109–159; 119 Stat. 2955), which 

14 authorized the President, notwithstanding section 

15 514 of the Foreign Assistance Act of 1961 (22 

16 U.S.C. 2321h), to transfer to the Republic of Korea 

17 certain defense items to be included in a war reserve 

18 stockpile for that country. 

19 (6) Enhanced support for defense cooperation 

20 with the Republic of Korea is important to the na21 tional security of the United States, including 

22 through creation of a status in law for the Republic 

23 of Korea similar to the countries in the North Atlan24 tic Treaty Organization, Japan, Australia, and New 


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1 Zealand, with respect to consideration by Congress 

2 of foreign military sales to the Republic of Korea. 

3 (b) SPECIAL FOREIGN MILITARY SALES STATUS FOR

4 REPUBLIC OF KOREA.—Section 36 of the Arms Export 

5 Control Act (22 U.S.C. 2776) is amended— 

6 (1) in subsection (b), by inserting ‘‘the Republic 

7 of Korea,’’ before ‘‘Japan’’ each place it appears; 

8 (2) in subsection (c), by inserting ‘‘the Republic 

9 of Korea,’’ before ‘‘Australia’’ both places it appears; 

10 and 

11 (3) in subsection (d)(2)(A), by inserting ‘‘the 

12 Republic of Korea,’’ before ‘‘Australia’’. 

13 SEC. 128. SENSE OF CONGRESS ON AGREEMENTS RELAT14 ING TO ASSISTANCE, TRANSFER, OR SALE OF 

15 CERTAIN MILITARY TECHNOLOGIES. 

16 It is the sense of Congress that it is the responsibility 

17 of the United States Government, not a private entity, to 

18 negotiate with foreign governments any agreement pursu19 ant to section 646(b)(2) of the Department of State, For20 eign Operations, and Related Programs Appropriations 

21 Act, 2008 (division J of Public Law 110-161; 121 Stat. 

22 2336) specifying that qualifying cluster munitions or clus23 ter munitions technology will only be used against clearly 

24 defined military targets and will not be used where civil25 ians are known to be present. 


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1 TITLE II—AUTHORITY TO 

2 TRANSFER NAVAL VESSELS 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Naval Vessel Transfer 

5 Act of 2008’’. 

6 SEC. 202. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR7 EIGN RECIPIENTS. 

8 (a) TRANSFERS BY GRANT.—The President is au9 thorized to transfer vessels to foreign recipients on a grant 

10 basis under section 516 of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2321j), as follows: 

12 (1) PAKISTAN.—To the Government of Paki13 stan, the OLIVER HAZARD PERRY class guided 

14 missile frigate MCINERNEY (FFG–8). 

15 (2) GREECE.—To the Government of Greece, 

16 the OSPREY class minehunter coastal ships OS17 PREY (MHC–51) and ROBIN (MHC–54). 

18 (3) CHILE.—To the Government of Chile, the 

19 KAISER class oiler ANDREW J. HIGGINS (AO– 

20 190). 

21 (4) PERU.—To the Government of Peru, the 

22 NEWPORT class amphibious tank landing ships 

23 FRESNO (LST–1182) and RACINE (LST–1191). 

24 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

25 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 


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1 of a vessel transferred to a recipient on a grant basis pur2 suant to authority provided by subsection (a) shall not be 

3 counted against the aggregate value of excess defense arti4 cles transferred in any fiscal year under section 516 of 

5 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 

6 (c) COSTS OF TRANSFERS.—Any expense incurred by 

7 the United States in connection with a transfer authorized 

8 by this section shall be charged to the recipient (notwith9 standing section 516(e) of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2321j(e))). 

11 (d) REPAIR AND REFURBISHMENT IN UNITED

12 STATES SHIPYARDS.—To the maximum extent prac13 ticable, the President shall require, as a condition of the 

14 transfer of a vessel under this section, that the recipient 

15 to which the vessel is transferred have such repair or re16 furbishment of the vessel as is needed, before the vessel 

17 joins the naval forces of the recipient, performed at a ship18 yard located in the United States, including a United 

19 States Navy shipyard. 

20 (e) EXPIRATION OF AUTHORITY.—The authority to 

21 transfer a vessel under this section shall expire at the end 

22 of the 2-year period beginning on the date of the enact23 ment of this Act. 


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1 TITLE III—NONPROLIFERATION, 

2 ANTITERRORISM, AND EX3 PORT CONTROL ASSISTANCE 

4 Subtitle A—Funding 

5 Authorizations 

6 SEC. 301. NONPROLIFERATION, ANTI-TERRORISM, 

7 DEMINING, AND RELATED PROGRAMS. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the President 

10 $578,500,000 for fiscal year 2009 and such sums as may 

11 be necessary for fiscal year 2010 for nonproliferation, 

12 anti-terrorism, demining, and related programs and activi13 ties under— 

14 (1) chapter 8 of part II of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2349aa et seq.), for 

16 anti-terrorism assistance; 

17 (2) chapter 9 of part II of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2349bb et seq.), for ex19 port control and related border security assistance, 

20 for preventing diversion of scientific and technical 

21 expertise related to nuclear, chemical, and biological 

22 weapons and their means of delivery, and for other 

23 global proliferation threat reduction efforts; 

24 (3) paragraph (2) of section 551 of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2348), as added 


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1 by section 116 of this Act, for humanitarian 

2 demining; 

3 (4) section 504 of the FREEDOM Support Act 

4 (22 U.S.C. 5854), for the Nonproliferation and Dis5 armament Fund; 

6 (5) section 23 of the Arms Export Control Act 

7 (22 U.S.C. 2763) and section 11 of the Department 

8 of State Authorities Act of 2006 (22 U.S.C. 

9 2349bb–6), for conventional weapons destruction; 

10 (6) section 301 of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2221), for a voluntary contribu12 tion to the International Atomic Energy Agency and 

13 a United States contribution to the Comprehensive 

14 Test Ban Treaty Organization Preparatory Commis15 sion; and 

16 (7) the Global Pathogen Surveillance Act of 

17 2008 (title V of this Act). 

18 (b) SUBALLOCATION.—Of the amounts authorized to 

19 be appropriated under subsection (a)— 

20 (1) for fiscal year 2009, $45,000,000 is author21 ized to be available until expended, and for fiscal 

22 year 2010, such sums as may be necessary are au23 thorized to be available until expended, for the Non24 proliferation and Disarmament Fund, to promote, 

25 notwithstanding any other provision of law, bilateral 


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1 and multilateral activities relating to nonprolifera2 tion and disarmament, including, when in the na3 tional security interests of the United States, with 

4 respect to international organizations and in coun5 tries other than the independent states of the former 

6 Soviet Union; 

7 (2) for fiscal year 2009, $41,300,000 is author8 ized to be available until September 30, 2010, and 

9 for fiscal year 2010, such sums as may be necessary 

10 are authorized to be available until September 30, 

11 2011, for export control and related border security 

12 assistance; 

13 (3) for fiscal year 2009, $69,000,000 is author14 ized to be available, and for fiscal year 2010, such 

15 sums as may be necessary are authorized to be avail16 able, for global threat reduction; 

17 (4) for fiscal year 2009, $66,000,000 is author18 ized to be available, and for fiscal year 2010, such 

19 sums as may be necessary are authorized to be avail20 able, for a voluntary contribution to the Inter21 national Atomic Energy Agency; 

22 (5) for fiscal year 2009, $10,000,000 is author23 ized to be available until September 30, 2013, for a 

24 voluntary contribution to the International Atomic 

25 Energy Agency’s Nuclear Security Fund, to support 


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1 measures to protect against nuclear terrorism, pro2 vided— 

3 (A) that such amounts may be deposited in 

4 the Fund only to the extent of deposits of 

5 matching amounts in that Fund by other gov6 ernments, entities, or persons in excess of the 

7 amounts contributed by such governments, enti8 ties or persons to the Nuclear Security Fund in 

9 2007; and 

10 (B) that there are no conditions attached 

11 to the contributions being matched that would 

12 prevent the IAEA Office of Nuclear Security 

13 from using such contributions on any project 

14 that accords with a Nuclear Security Plan al15 ready approved by the IAEA Board of Gov16 ernors; 

17 (6) for fiscal year 2009, $31,000,000 is author18 ized to be available, and for fiscal year 2010, such 

19 sums as may be necessary are authorized to be avail20 able, for a United States contribution to the Com21 prehensive Test Ban Treaty Organization Pre22 paratory Commission, to pay the current and out23 standing United States share of construction and 

24 provisional operation of the International Monitoring 

25 System and related functions; 


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1 (7) for fiscal year 2009, $160,000,000 is au2 thorized to be available until September 30, 2010, 

3 and for fiscal year 2010, such sums as may be nec4 essary are authorized to be available until September 

5 30, 2011, for anti-terrorism assistance, of which— 

6 (A) $8,900,000 is authorized to be avail7 able for fiscal year 2009 and such sums as are 

8 necessary are authorized to be available for fis9 cal year 2010 for the Terrorist Interdiction 

10 Program; 

11 (B) $1,200,000 is authorized to be avail12 able for fiscal year 2009 and such sums as are 

13 necessary are authorized to be available for fis14 cal year 2010 for counterterrorism engagement 

15 with allies; and 

16 (C) $8,425,000 is authorized to be avail17 able for fiscal year 2009 and such sums as are 

18 necessary are authorized to be available for fis19 cal year 2010 for counterterrorism financing; 

20 and 

21 (8) for fiscal year 2009, $151,200,000 is au22 thorized to be available, and for fiscal year 2010, 

23 such sums as are necessary are authorized to be 

24 available, for conventional weapons destruction. 


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1 (c) AVAILABILITY.—Amounts authorized under this 

2 section for the purposes specified in this section are in 

3 addition to amounts otherwise available for such purposes. 

4 SEC. 302. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA5 TIONS SUPPORTING KEY NONPROLIFERA6 TION GOALS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) The United Nations Security Council, in Se10 curity Council Resolution 1540 (2004), affirmed 

11 that ‘‘proliferation of nuclear, chemical and biologi12 cal weapons, as well as their means of delivery, con13 stitutes a threat to international peace and secu14 rity’’. 

15 (2) The Treaty on the Non-Proliferation of Nu16 clear Weapons, done at Washington, London, and 

17 Moscow July 1, 1968, and entered into force March 

18 5, 1970 (commonly known as the ‘‘Nuclear Non19 Proliferation Treaty’’ or ‘‘NPT’’) and the effective 

20 functioning of the International Atomic Energy 

21 Agency (IAEA) are of critical importance to inter22 national peace and security and United States na23 tional security. 

24 (3) President George W. Bush told the 46th 

25 General Conference of the IAEA in 2002, ‘‘The 


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1 threat from nuclear proliferation remains real, im2 mediate, and dangerous. We must ensure that the 

3 IAEA has the resources it needs to carry out its 

4 mission effectively.’’ 

5 (4) The Convention on the Prohibition of the 

6 Development, Production, Stockpiling and Use of 

7 Chemical Weapons and on Their Destruction, done 

8 at Paris January 13, 1993, and entered into force 

9 April 29, 1997 (commonly known as the ‘‘Chemical 

10 Weapons Convention’’ or ‘‘CWC’’) and the effective 

11 functioning of the Organization for the Prohibition 

12 of Chemical Weapons (OPCW) furthers United 

13 States national security by verifying that stockpiles 

14 of chemical weapons are destroyed and by ensuring 

15 that declared peaceful chemical activities are not di16 verted to weapons purposes. 

17 (5) On April 29, 2007, Secretary of State 

18 Condoleezza Rice offered her congratulations on the 

19 tenth anniversary of the CWC to Ambassador 

20 Rogelio Pfirter, Director-General of the OPCW. In 

21 that message, Secretary Rice stated, ‘‘The Organiza22 tion for the Prohibition for Chemical Weapons 

23 (OPCW) and its staff continue to make important 

24 contributions to increasing security for every nation 

25 against the threat of chemical weapons.’’ Secretary 


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1 Rice also assured Director-General Pfirter of ‘‘the 

2 United States government’s continued strong sup3 port for and commitment to the Convention and the 

4 OPCW’’. 

5 (6) Before fiscal year 1982, the United States 

6 paid its assessed contributions to the IAEA by mak7 ing quarterly payments with funds appropriated for 

8 the fiscal year ending in the same year that con9 tributions were due. 

10 (7) At the request of the Executive Branch, 

11 Congress in fiscal year 1982 began deferring pay12 ments so that contributions to several international 

13 organizations, including the IAEA, are paid in one 

14 lump sum near the end of the organization’s cal15 endar year (or even later), with funds appropriated 

16 for the fiscal year ending in the following year. 

17 (8) For those contributions paid under the de18 ferral policy, in the best case no appropriated funds 

19 are available to pay the United States assessment 

20 before the final quarter of an international organiza21 tion’s budget year. As early as February 1983, the 

22 Government Accountability Office (GAO) found that 

23 later United States payments as a result of the de24 ferral policy ‘‘contributed to existing cash flow prob25 lems [at the relevant international organizations]’’. 


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1 (9) The deferral policy leaves very little overlap 

2 between the calendar year for which international 

3 organizations need the funds and the United States 

4 fiscal year in which payments are appropriated. The 

5 deferral policy therefore exacerbates the negative im6 pact of failing to appropriate funds before the begin7 ning of a given fiscal year. As a result of the defer8 ral policy, the United States is often unable to pay 

9 its dues before the end of organizations’ budget 

10 years. 

11 (10) Late payment of United States dues can 

12 impair the ability of the IAEA and the OPCW to 

13 carry out critical missions. 

14 (11) After entry into force of the Chemical 

15 Weapons Convention, the United States did not 

16 apply the formal deferral policy to assessed pay17 ments to the OPCW. Recent budget shortfalls and 

18 exchange rate losses in the ‘‘Contributions to Inter19 national Organizations’’ account have led the United 

20 States in recent years to defer, however, approxi21 mately 70 percent of its assessed payment to the fol22 lowing fiscal year. 

23 (12) For 2008 the OPCW has approved its 

24 third straight budget of zero nominal growth. Never25 theless, for five straight years OPCW has had to reVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 turn unspent cash surpluses to Member States, in 

2 large part because the organization was unable to 

3 carry out budgeted activities when assessed dues 

4 were not paid in a timely manner. OPCW Director5 General Pfirter in August 2007 stated, ‘‘The short6 fall in cash receipts could, of course, severely under7 mine the financial health of the OPCW.’’ 

8 (13) Large portions of both the OPCW 

9 Verification and Inspections budget and the IAEA 

10 safeguards budget are allocated to paying fixed 

11 staffing costs for already-hired inspectors. These or12 ganizations have few other choices than to cut back 

13 on budgets for recruitment and training of new in14 spectors and investments in verification technology if 

15 cash is not available in a timely manner. 

16 (14) The short-term budget gains created by 

17 the 1981 deferral switch have long since dis18 appeared, while the damage both to the performance 

19 of organizations of vital importance to United States 

20 nonproliferation goals and to the standing and influ21 ence of the United States in those organizations con22 tinues. Ending the deferral policy for organizations 

23 serving missions of critical importance to inter24 national peace and security would entail higher 


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1 budget costs for a small number of transition years 

2 but would pay benefits for many years to come. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any other amounts authorized for contributions to 

5 international organizations, there is authorized to be ap6 propriated $50,000,000 for fiscal year 2009, for contribu7 tions to international organizations, to meet obligations 

8 for membership in the International Atomic Energy Agen9 cy and in the Organization for the Prohibition of Chemical 

10 Weapons assessed by those organizations for calendar year 

11 2008. 

12 (c) REPORT.—Not later than June 30, 2009, the Sec13 retary of State shall submit to the Committee on Foreign 

14 Relations and the Committee on Appropriations of the 

15 Senate and the Committee on Foreign Affairs and the 

16 Committee on Appropriations of the House of Representa17 tives a report that includes the following: 

18 (1) The amounts of any assessments by the 

19 International Atomic Energy Agency and the Orga20 nization for the Prohibition of Chemical Weapons 

21 for calendar year 2009 or any prior year that the 

22 Secretary determines will remain unpaid by the 

23 United States on October 1, 2009. 

24 (2) The reason or reasons such assessments will 

25 not have been paid by October 1, 2009. 


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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 311. AMENDMENTS TO THE ATOMIC ENERGY ACT OF 

5 1954. 

6 (a) INFORMATION TO ACCOMPANY PROPOSED

7 AGREEMENTS FOR NUCLEAR COOPERATION.—Section 

8 123(b) of the Atomic Energy Act (42 U.S.C. 2153(b)) is 

9 amended by inserting after ‘‘Nuclear Proliferation Assess10 ment Statement’’ the following: ‘‘and a report on the ac11 tions taken and planned by the United States with the 

12 country identified in the proposed agreement for coopera13 tion to fulfill the purposes of the program authorized in 

14 Section 502 of the Nuclear Nonproliferation Act of 1978 

15 (22 U.S.C. 3262)’’. 

16 (b) SUBSEQUENT ARRANGEMENTS UNDER AGREE17 MENTS FOR NUCLEAR COOPERATION.—Section 131(b)(1) 

18 of such Act (42 U.S.C. 2160(b)(1)) is amended by insert19 ing after ‘‘elapsed’’ the following: ‘‘, except that for any 

20 such subsequent arrangement under an agreement for co21 operation which did not, pursuant to section 123(d) of this 

22 Act, become effective until there was enacted a joint reso23 lution favoring such agreement, the Secretary of Energy 

24 may not enter into any such subsequent arrangement until 

25 Congress adopts, and there is enacted, a joint resolution 


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1 approving such subsequent arrangement, which resolution 

2 shall be considered pursuant to the procedures set forth 

3 in section 130(i) of this Act’’. 

4 (c) AMENDMENTS TO AGREEMENTS FOR NUCLEAR

5 COOPERATION.—Section 123(d) of such Act (42 U.S.C. 

6 2153(d)) is amended— 

7 (1) by inserting after ‘‘in connection there8 with)’’ the following: ‘‘, or an amendment to such 

9 agreement,’’; 

10 (2) by inserting after ‘‘contained in that sub11 section’’ the following: ‘‘, or an agreement with a na12 tion or group of nations that does not have in force 

13 an additional protocol to its agreement with the 

14 International Atomic Energy Agency for the applica15 tion of safeguards,’’; and 

16 (3) by inserting after ‘‘the Henry J. Hyde 

17 United States-India Peaceful Atomic Energy Co18 operation Act of 2006’’ the following: ‘‘, or an 

19 amendment to such agreement,’’. 

20 SEC. 312. BIOSECURITY ENGAGEMENT PROGRAM. 

21 Chapter 9 of Part II of the Foreign Assistance Act 

22 of 1961 (22 U.S.C. 2349bb et seq.) is amended by insert23 ing after section 584 the following new section: 


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1 ‘‘SEC. 584A. GLOBAL PATHOGEN SECURITY PROGRAM. 

2 ‘‘(a) ESTABLISHMENT.—The Secretary of State shall 

3 establish a program to combat bioterrorism world-wide by 

4 providing training, equipment, and financial and technical 

5 (including legal) assistance in such areas as biosecurity, 

6 biosafety, pathogen surveillance, and timely response to 

7 outbreaks of infectious disease, and by providing increased 

8 opportunity for scientists who possess expertise that could 

9 make a material contribution to the development, manu10 facture, or use of biological weapons to engage in remu11 nerative careers that promote public health and safety. 

12 ‘‘(b) ACTIVITIES INCLUDED.—Activities in the pro13 gram established pursuant to subsection (a) may include 

14 such activities as the Biosecurity Engagement Program of 

15 the Office of Cooperative Threat Reduction in the Depart16 ment of State.’’. 

17 Subtitle C—Reporting 

18 Requirements 

19 SEC. 321. AMENDMENTS TO THE ARMS CONTROL AND DIS20 ARMAMENT ACT. 

21 (a) VERIFICATION OF COMPLIANCE.—Section 306(a) 

22 of the Arms Control and Disarmament Act (22 U.S.C. 

23 2577(a)) is amended by inserting ‘‘or other formal com24 mitment’’ after ‘‘agreement’’ each place it appears in 

25 paragraphs (1) and (2). 


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1 (b) ANNUAL REPORTS TO CONGRESS.—Section 403 

2 of the Arms Control and Disarmament Act (22 U.S.C. 

3 2593a) is amended to read as follows: 

4 ‘‘ANNUAL REPORTS TO CONGRESS

5 ‘‘SEC. 403. (a) REPORT ON OBJECTIVES AND NEGO6 TIATIONS.—Not later than April 15 of each year, the 

7 President shall submit to the Speaker of the House of 

8 Representatives and to the Chairman of the Committee 

9 on Foreign Relations of the Senate a report prepared by 

10 the Secretary of State, in consultation with the Secretary 

11 of Defense, the Secretary of Energy, the Director of Na12 tional Intelligence, and the Chairman of the Joint Chiefs 

13 of Staff, on the status of United States policy and actions 

14 with respect to arms control, nonproliferation, and disar15 mament. Such report shall include— 

16 ‘‘(1) a detailed statement concerning the arms 

17 control, nonproliferation, and disarmament objec18 tives of the executive branch of Government for the 

19 forthcoming year; and 

20 ‘‘(2) a detailed assessment of the status of any 

21 ongoing arms control, nonproliferation, or disar22 mament negotiations, including a comprehensive de23 scription of negotiations or other activities during 

24 the preceding year and an appraisal of the status 

25 and prospects for the forthcoming year. 


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1 ‘‘(b) REPORT ON COMPLIANCE.—Not later than April 

2 15 of each year, the President shall submit to the Speaker 

3 of the House of Representatives and to the Chairman of 

4 the Committee on Foreign Relations of the Senate a re5 port prepared by the Secretary of State with the concur6 rence of the Director of National Intelligence and in con7 sultation with the Secretary of Defense, the Secretary of 

8 Energy, and the Chairman of the Joint Chiefs of Staff 

9 on the status of United States policy and actions with re10 spect to arms control, nonproliferation, and disarmament 

11 compliance. Such report shall include— 

12 ‘‘(1) a detailed assessment of adherence of the 

13 United States to obligations undertaken in arms 

14 control, nonproliferation, and disarmament agree15 ments, including information on the policies and or16 ganization of each relevant agency or department of 

17 the United States to ensure adherence to such obli18 gations, a description of national security programs 

19 with a direct bearing on questions of adherence to 

20 such obligations and of steps being taken to ensure 

21 adherence, and a compilation of any substantive 

22 questions raised during the preceding year and any 

23 corrective action taken; 

24 ‘‘(2) a detailed assessment of the adherence of 

25 other nations to obligations undertaken in all arms 


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1 control, nonproliferation, and disarmament agree2 ments or commitments, including the Missile Tech3 nology Control Regime, to which the United States 

4 is a participating state, including information on ac5 tions taken by each nation with regard to the size, 

6 structure, and disposition of its military forces in 

7 order to comply with arms control, nonproliferation, 

8 or disarmament agreements or commitments, includ9 ing, in the case of each agreement or commitment 

10 about which compliance questions exist— 

11 ‘‘(A) a description of each significant issue 

12 raised and efforts made and contemplated with 

13 the other participating state to seek resolution 

14 of the difficulty; 

15 ‘‘(B) an assessment of damage, if any, to 

16 United States security and other interests; 

17 ‘‘(C) recommendations as to any steps that 

18 should be considered to redress any damage to 

19 United States national security and to reduce 

20 compliance problems; and 

21 ‘‘(D) for states that are not parties to such 

22 agreements or commitments, a description of 

23 activities of concern carried out by such states 

24 and efforts underway to bring such states into 


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1 adherence with such agreements or commit2 ments; 

3 ‘‘(3) a discussion of any material noncompliance 

4 by foreign governments with their binding commit5 ments to the United States with respect to the pre6 vention of the spread of nuclear explosive devices (as 

7 defined in section 830(4) of the Nuclear Prolifera8 tion Prevention Act of 1994 (22 U.S.C. 6305(4)) by 

9 non-nuclear-weapon states (as defined in section 

10 830(5) of that Act (22 U.S.C. 6305(5)) or the ac11 quisition by such states of unsafeguarded special nu12 clear material (as defined in section 830(8) of that 

13 Act (22 U.S.C. 6305(8)), including— 

14 ‘‘(A) a net assessment of the aggregate 

15 military significance of all such violations; 

16 ‘‘(B) a statement of the compliance policy 

17 of the United States with respect to violations 

18 of those commitments; and 

19 ‘‘(C) what actions, if any, the President 

20 has taken or proposes to take to bring any 

21 country committing such a violation into com22 pliance with those commitments; and 

23 ‘‘(4) a specific identification, to the maximum 

24 extent practicable in unclassified form, of each and 

25 every question that exists with respect to compliance 


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1 by other countries with arms control, nonprolifera2 tion, and disarmament agreements and other formal 

3 commitments with the United States. 

4 ‘‘(c) CHEMICAL WEAPONS CONVENTION COMPLI5 ANCE REPORT REQUIREMENT SATISFIED.—The report 

6 submitted pursuant to subsection (b) shall include the in7 formation required under section 2(10)(C) of Senate Reso8 lution 75, 105th Congress, agreed to April 24, 1997, ad9 vising and consenting to the ratification of the Convention 

10 on the Prohibition of Development, Production, Stock11 piling and Use of Chemical Weapons and on Their De12 struction, with annexes, done at Paris January 13, 1993 

13 and entered into force April 29, 1997 (popularly known 

14 as the ‘Chemical Weapons Convention’; T.Doc. 103–21). 

15 ‘‘(d) CLASSIFICATION OF REPORT.—The reports re16 quired by this section shall be submitted in unclassified 

17 form, with classified annexes, as appropriate. The report 

18 portions described in paragraphs (2) and (3) of subsection 

19 (b) shall summarize in detail, at least in classified an20 nexes, the information, analysis, and conclusions relevant 

21 to possible noncompliance by other countries that are pro22 vided by United States intelligence agencies. 

23 ‘‘(e) REPORTING CONSECUTIVE NONCOMPLIANCE.— 

24 If the President in consecutive reports submitted to the 

25 Congress under subsection (b) reports that any country 


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1 is not in full compliance with its binding nonproliferation 

2 commitments to the United States, then the President 

3 shall include in the second such report an assessment of 

4 what actions are necessary to compensate for such viola5 tions. 

6 ‘‘(f) ADDITIONAL REQUIREMENT.—Each report re7 quired by subsection (b) shall include a discussion of each 

8 significant issue described in paragraph (4) of such sub9 section that was contained in a previous report issued 

10 under this section during 1995, or after December 31, 

11 1995, until the question or concern has been resolved and 

12 such resolution has been reported in detail to the Com13 mittee on Foreign Relations and the Select Committee on 

14 Intelligence of the Senate and the Committee on Foreign 

15 Affairs and the Permanent Select Committee on Intel16 ligence of the House of Representatives.’’. 

17 SEC. 322. ADEQUATE FUNDING FOR IAEA SAFEGUARDS. 

18 (a) Section 201(b) of the Nuclear Non-Proliferation 

19 Act of 1978 (22 U.S.C. 3241(b)) is amended to read as 

20 follows: 

21 ‘‘(b) ensure that the IAEA has the financial, tech22 nical, and personnel resources available to fully carry out 

23 its safeguards mission and that, to the maximum extent 

24 possible, safeguards activities are financed by the regular 


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1 budget of the IAEA and not by voluntary contributions 

2 to the Agency;’’. 

3 SEC. 323. ANNUAL REPORT ON NUCLEAR NONPROLIFERA4 TION. 

5 (a) REPORT REQUIRED.—Not later than March 1 of 

6 each year, except in 2009 and every fourth year thereafter 

7 not later than June 1, the President, shall, submit to Con8 gress a report on the efforts of Federal departments and 

9 agencies to prevent nuclear proliferation. The report shall 

10 include— 

11 (1) a description of the progress made to12 ward— 

13 (A) negotiating the initiatives contemplated 

14 in sections 104 and 105 of Nuclear Non-Pro15 liferation Act of 1978 (22 U.S.C. 3223 and 

16 3224); 

17 (B) negotiating the international arrange18 ments or other mutual undertakings con19 templated in section 403 of the Nuclear Non20 Proliferation Act of 1978 (42 U.S.C. 2153b); 

21 (C) encouraging non-nuclear-weapon states 

22 that are not party to the Nuclear Non-Pro23 liferation Treaty to adhere to the Treaty or, 

24 pending such adherence, to enter into com25 parable agreements with respect to safeguards 


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1 and to foreswear the development of any nu2 clear explosive devices, and discouraging nu3 clear exports to non-nuclear-weapon states 

4 which have not taken such steps; 

5 (D) strengthening the safeguards of the 

6 IAEA as contemplated in section 201 of the 

7 Nuclear Non-Proliferation Act of 1978 (22 

8 U.S.C. 3241), particularly including ensuring 

9 that IAEA safeguards programs are adequately 

10 funded and reducing the proportion of IAEA 

11 funding for safeguards activities covered by vol12 untary contributions; and 

13 (E) renegotiating agreements for coopera14 tion as contemplated in section 404(a) of the 

15 Nuclear Non-Proliferation Act of 1978 (42 

16 U.S.C. 2153c); 

17 (2) an assessment of the impact of the progress 

18 described in paragraph (1) on the non-proliferation 

19 policy of the United States; 

20 (3) an explanation of the precise reasons why 

21 progress has not been made on any particular point 

22 and recommendations with respect to appropriate 

23 measures to encourage progress; 

24 (4) a statement of the President’s general and 

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1 tives and how the efforts of Federal agencies will be 

2 coordinated most effectively, pursuant to section 

3 1334 of the Foreign Relations Authorization Act, 

4 Fiscal Year 2003 (50 U.S.C. 2357b), to achieve 

5 those objectives; 

6 (5) a statement of what legislative modifica7 tions, if any, are necessary in the President’s judg8 ment to achieve the nonproliferation policy of the 

9 United States; 

10 (6) a determination as to which non-nuclear11 weapon states with which the United States has an 

12 agreement for cooperation in effect or under negotia13 tion, if any, have— 

14 (A) detonated a nuclear device; 

15 (B) refused to accept the safeguards of the 

16 IAEA on all of their peaceful nuclear activities; 

17 (C) refused to give specific assurances that 

18 they will not manufacture or otherwise acquire 

19 any nuclear explosive device; or 

20 (D) engaged in activities involving source 

21 or special nuclear material and having direct 

22 significance for the manufacture or acquisition 

23 of nuclear explosive devices; 

24 (7) an assessment of whether any of the policies 

25 set forth in the Nuclear Non-Proliferation Act of 


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1 1978 (Public Law 95–242) have, on balance, been 

2 counterproductive from the standpoint of preventing 

3 proliferation; 

4 (8) a description of the progress made toward 

5 establishing procedures to facilitate the timely proc6 essing of requests for subsequent arrangements and 

7 export licenses in order to enhance the reliability of 

8 the United States in meeting its commitments to 

9 supply nuclear reactors and fuel to nations which 

10 adhere to effective non-proliferation policies; 

11 (9) a description of the implementation of nu12 clear and nuclear-related dual-use export controls in 

13 the preceding calendar year, including a summary by 

14 type of commodity and destination of— 

15 (A) all transactions for which— 

16 (i) an export license was issued for 

17 any good controlled under section 309(c) 

18 of the Nuclear Non-Proliferation Act of 

19 1978 (42 U.S.C. 2139a(c)); 

20 (ii) an export license was issued under 

21 section 109 b. of the Atomic Energy Act of 

22 1954 (42 U.S.C. 2139(b)); 

23 (iii) approvals were issued under the 

24 Export Administration Act of 1979 (50 

25 U.S.C. App. 2401 et seq.) or section 109 


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1 b.(3) of the Atomic Energy Act of 1954 

2 (42 U.S.C. 2139(b)(3)), for the retransfer 

3 of any item, technical data, component, or 

4 substance; or 

5 (iv) authorizations were made as re6 quired by section 57 b.(2) of the Atomic 

7 Energy Act of 1954 (42 U.S.C. 

8 2077(b)(2)) to engage, directly or indi9 rectly, in the production of special nuclear 

10 material; 

11 (B) each instance in which— 

12 (i) a sanction has been imposed under 

13 section 821(a) or section 824 of the Nu14 clear Proliferation Prevention Act of 1994 

15 (22 U.S.C. 6301(a)) or section 102(b)(1) 

16 of the Arms Export Control Act (22 

17 U.S.C. 2799aa–1(b)(1)); 

18 (ii) sales or leases have been denied 

19 under section 3(f) of the Arms Export 

20 Control Act (22 U.S.C. 2753(f)) or trans21 actions have been prohibited by reason of 

22 acts relating to proliferation of nuclear ex23 plosive devices as described in section 

24 40(d) of that Act; 


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1 (iii) a sanction has not been imposed 

2 by reason of section 821(c)(2) of the Nu3 clear Proliferation Prevention Act of 1994 

4 (22 U.S.C. 6301(c)(2)) or the imposition 

5 of a sanction has been delayed under sec6 tion 102(b)(4) of the Arms Export Control 

7 Act (22 U.S.C. 2799aa–1(b)(4)); or 

8 (iv) a waiver of a sanction has been 

9 made under— 

10 (I) section 821(f) or section 824 

11 of the Nuclear Proliferation Preven12 tion Act of 1994; 

13 (II) section 620E(d) of the For14 eign Assistance Act of 1961 (22 

15 U.S.C. 2375(d)), or paragraph (5) or 

16 (6)(B) of section 102(b) of the Arms 

17 Export Control Act (22 U.S.C. 

18 2799aa–1(b)); 

19 (III) section 40(g) of the Arms 

20 Export Control Act (22 U.S.C. 

21 2780(g)) with respect to the last sen22 tence of section 40(d) of that Act (22 

23 U.S.C. 2780(g)); or 

24 (IV) section 614 of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 


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1 2364) with respect to section 620E of 

2 that Act (22 U.S.C. 2375) or section 

3 3(f), the last sentence of section 

4 40(d), or 102(b)(1) of the Arms Ex5 port Control Act; and 

6 (C) the progress of those independent 

7 states of the former Soviet Union that are non8 nuclear-weapon states and of the Baltic states 

9 towards achieving the objective of applying full 

10 scope safeguards to all their peaceful nuclear 

11 activities. 

12 (b) FORM.—Portions of the information required by 

13 subsection (a)(6) may be submitted in classified form, as 

14 necessary. Any such information that may not be pub15 lished or disclosed under section 12(c)(1) of the Export 

16 Administration Act of 1979 (50 U.S.C. App. 2411(c)(1)) 

17 shall be submitted as classified. 

18 (c) INCORPORATION BY REFERENCE.— 

19 (1) COOPERATIVE THREAT REDUCTION PRO20 GRAMS.—Information relevant to the report required 

21 under this section that is already contained in an 

22 annual report on activities and assistance under Co23 operative Threat Reduction programs submitted to 

24 Congress under section 1308 of the Floyd D. Spence 

25 National Defense Authorization Act for Fiscal Year 


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1 2001 (Public Law 106-398; 114 Stat. 1654-341) for 

2 the year for which the report required under this 

3 section is submitted may be cited by reference in the 

4 report required under this section. 

5 (2) IMPLEMENTING RECOMMENDATIONS OF

6 THE 9/11 COMMISSION ACT OF 2007.—Information 

7 relevant to the report required under this section 

8 that is already contained in an annual report on the 

9 strategy and policies developed pursuant to section 

10 1841 of the Implementing Recommendations of the 

11 9/11 Commission Act of 2007 (50 U.S.C. 2931) for 

12 the current and future fiscal years during which the 

13 report required under this section is submitted may 

14 be cited by reference in the report required under 

15 this section. 

16 (3) ARMS CONTROL, NONPROLIFERATION, AND

17 DISARMAMENT.—Information relevant to the report 

18 required under this section that is already contained 

19 in an annual report on the status of United States 

20 policy and actions with respect to arms control, non21 proliferation, and disarmament developed pursuant 

22 to section 403 of the Arms Control and Disar23 mament Act (22 U.S.C. 2593a) for the year for 

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1 mitted may be cited by reference in the report re2 quired under this section. 

3 (4) NUCLEAR WEAPONS SECURITY.—Informa4 tion relevant to the report required under this sec5 tion that is already contained in an annual report on 

6 the security of nuclear weapons and related equip7 ment and formula quantities of strategic special nu8 clear material outside of the United States developed 

9 pursuant to section 3134 of the National Defense 

10 Authorization Act for Fiscal Year 2008 (22 U.S.C. 

11 3244 note) for the year for which the report re12 quired under this section is submitted may be cited 

13 by reference in the report required under this sec14 tion. 

15 SEC. 324. AMENDED ADDITIONAL REPORTS ON NON16 PROLIFERATION. 

17 Section 602(c)(1) of the Nuclear Non-Proliferation 

18 Act of 1978 (22 U.S.C. 3282(c)(1)) is amended— 

19 (1) by striking ‘‘Director of Central Intel20 ligence’’ and inserting ‘‘Director of National Intel21 ligence’’; 

22 (2) by inserting ‘‘, Armed Services,’’ after 

23 ‘‘Foreign Relations’’; and 


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1 (3) by striking ‘‘Committee on International 

2 Relations’’ and inserting ‘‘Committees on Foreign 

3 Affairs and Armed Services’’. 

4 SEC. 325. CONSOLIDATION OF REPORTS ON NON-PRO5 LIFERATION IN SOUTH ASIA. 

6 (a) IN GENERAL.—Section 620F(c) of the Foreign 

7 Assistance Act of 1961 (22 U.S.C. 2376(c)) is amended 

8 by adding at the end the following: ‘‘Such report shall also 

9 include a description of the efforts of the United States 

10 Government to achieve the objectives described in sub11 sections (a) and (b) of section 1601 of the Foreign Rela12 tions Authorization Act, Fiscal Year 2003 (Public Law 

13 107–228; 116 Stat. 1459), the progress made toward 

14 achieving such objectives, and the likelihood that such ob15 jectives will be achieved within the year following the re16 porting period.’’. 

17 (b) ELIMINATION OF DUPLICATIVE REPORTING RE18 QUIREMENTS.—Section 1601 of the Foreign Relations Au19 thorization Act, Fiscal Year 2003 (Public Law 107–228; 

20 116 Stat. 1459) is amended— 

21 (1) in subsection (a), by striking ‘‘by September 

22 30, 2003’’; 

23 (2) in subsection (b), by striking ‘‘not later 

24 than September 30, 2003’’; and 

25 (3) by striking subsection (c). 


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1 SEC. 326. REPEAL OF ANNUAL REPORT ON RUSSIAN DEBT 

2 REDUCTION FOR NONPROLIFERATION. 

3 Section 1321 of the Foreign Relations Authorization 

4 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

5 5952 note), is hereby repealed. 

6 SEC. 327. ANNUAL ASSESSMENTS OF NONPROLIFERATION 

7 AND DISARMAMENT FUND PROJECTS. 

8 (a) IN GENERAL.—No later than September 1, 2009, 

9 and annually thereafter for the following two years, the 

10 Comptroller General of the United States shall submit to 

11 the Committee on Foreign Relations and the Committee 

12 on Appropriations in the Senate and the Committee on 

13 Foreign Affairs and the Committee on Appropriations in 

14 the House of Representatives an assessment of projects 

15 and project proposals carried out under the Nonprolifera16 tion and Disarmament Fund (hereinafter, ‘‘NDF’’) au17 thorized under section 504 of the FREEDOM Support 

18 Act (Public Law 102–511; 22 U.S.C. 5854). The first 

19 such assessment shall apply to projects approved to be car20 ried out during the previous 5 calendar years, and to 

21 project proposals not carried out by the NDF that were 

22 submitted to it between January 1, 2004, and December 

23 31, 2007. Each subsequent assessment shall cover projects 

24 approved to be carried out by the NDF during the pre25 vious calendar year. 


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1 (b) CONTENT.—The first such assessment under sub2 section (a) shall include— 

3 (1) An examination of each project proposal, in4 cluding— 

5 (A) the purpose of such proposal; 

6 (B) the name of the requesting Federal 

7 agency or drafting office; 

8 (C) the reason or reasons why the Federal 

9 agency or drafting office requesting that the 

10 NDF carry out such proposed project was not 

11 able to undertake such project; 

12 (D) a statement as to whether such project 

13 proposal was— 

14 (i) fully funded; 

15 (ii) funded at a different amount than 

16 the Federal agency or drafting office sub17 mitting such proposal requested; 

18 (iii) deferred (including the reason 

19 why such proposal was deferred); or 

20 (iv) not funded (including the reason 

21 or reasons why such proposal was not 

22 funded). 

23 (2) An examination of each project approved to 

24 be carried out under the NDF, including the inforVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 mation required under subparagraphs (A), (B), and 

2 (C) of paragraph (1) and— 

3 (A) the date on which the project was ap4 proved; 

5 (B) an assessment of whether the approved 

6 project included a schedule for completion; 

7 (C) a review of the contract for the project, 

8 including whether the contract is consistent, or, 

9 for those projects with respect to which NDF 

10 notwithstanding authorities were used, would 

11 have been consistent, with the Federal Acquisi12 tion Regulations; 

13 (D) an examination, in consultation with 

14 the Office of the Legal Adviser in the Depart15 ment of State, of whether and to what extent 

16 it was necessary to rely on NDF notwith17 standing authorities to carry out such project; 

18 (E) if the contract for the project involves 

19 design, construction, or acquisition of equip20 ment, a listing of the private entities associated 

21 with such activities; 

22 (F) an estimate of whether the project can 

23 be completed within the funding amounts pre24 viously notified to Congress; 


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1 (G) the name of any international organi2 zation receiving funds from the NDF and the 

3 purposes for which such funds are being made 

4 available to that organization; and 

5 (H) the office that serves as the executive 

6 agent for such project. 

7 (3) A summary of all funds that have been de8 obligated for any NDF project previously notified to 

9 Congress. 

10 (4) An examination of any funds previously no11 tified to Congress that will not be expended on the 

12 originally notified project, and an assessment of the 

13 reasons why the amounts notified to Congress were 

14 not expended on that project, including whether such 

15 project was completed, withdrawn, or the funds were 

16 otherwise no longer needed. 

17 (5) A summary of the unobligated and obli18 gated balances of the NDF. 

19 (6) An assessment, for those projects carried 

20 out by the NDF, of the extent to which the Federal 

21 agency or drafting office effectively coordinated draft 

22 project proposals with all Federal agencies with ap23 plicable policy responsibilities. 

24 (7) A review of NDF project implementation 

25 and mission management, including the following: 


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1 (A) The roles and functions with respect to 

2 NDF project implementation and mission man3 agement of each of the following NDF officers: 

4 (i) The Director. 

5 (ii) The Deputy Director. 

6 (iii) The Comptroller. 

7 (iv) NDF Policy Officers. 

8 (v) NDF Negotiators. 

9 (vi) The Executive Secretary. 

10 (vii) The Chief of Operations. 

11 (viii) Program managers. 

12 (ix) Contract administrators. 

13 (x) Project support specialists. 

14 (xi) Financial Specialists. 

15 (B) The extent to which any of the posi16 tions set forth in subparagraph (A) rely on or 

17 are performed by private entities. 

18 (C) The extent to which accounting and 

19 fund control programs and offices of the De20 partment of State, including the NDF Comp21 troller, have the necessary information tech22 nology and oversight tools to ensure that NDF 

23 funds are used in an efficient and accountable 

24 manner. 


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1 (D) Whether NDF has adequate internal 

2 audit capabilities. 

3 (c) SUBSEQUENT ASSESSMENTS.—Each subsequent 

4 assessment under subsection (a) shall include only the 

5 matters addressed under paragraphs (2), (3), (4), (5), and 

6 (6) of subsection (b). 

7 SEC. 328. REPORTS ON 2010 NUCLEAR NON-PROLIFERATION 

8 TREATY REVIEW CONFERENCE. 

9 (a) REPORT ON COMPREHENSIVE OBJECTIVES, 

10 STRATEGY, AND POLICIES.— 

11 (1) IN GENERAL.—Not later than October 31, 

12 2009, the President shall submit to Congress a re13 port, in classified and unclassified forms, that details 

14 the comprehensive objectives, strategy, and policies 

15 of the United States regarding the 2010 Nuclear 

16 Non-Proliferation Treaty Review Conference. 

17 (2) CONTENT.—The report required under 

18 paragraph (1) shall describe— 

19 (A) overall changes or revisions to the 

20 international nuclear nonproliferation frame21 work, including the Nuclear Non-Proliferation 

22 Treaty, that may be needed to realize a more 

23 robust and effective global nuclear nonprolifera24 tion system; 


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1 (B) the spread of sensitive nuclear tech2 nologies, in particular uranium enrichment and 

3 nuclear fuel reprocessing; 

4 (C) country-specific nuclear proliferation 

5 concerns; 

6 (D) efforts to uphold Article IV commit7 ments on peaceful nuclear use, including the es8 tablishment of a nuclear fuel bank or authority; 

9 (E) accelerated implementation of obliga10 tions and commitments under the Nuclear Non11 Proliferation Treaty or pursuant to resolutions 

12 supported by the United States and adopted at 

13 previous Nuclear Non-Proliferation Treaty Re14 view Conferences for the purpose of reducing 

15 the world’s stockpiles of nuclear weapons and 

16 weapons-grade fissile material; 

17 (F) nuclear and other nonproliferation ini18 tiatives such as the Proliferation Security Ini19 tiative; 

20 (G) the United States assessment of the 

21 objectives and strategies of other states with re22 gard to the 2010 Nuclear Non-Proliferation 

23 Treaty Review Conference, including the Nu24 clear Weapons States under the Treaty, mem25 bers of the Nuclear Suppliers Group, and leadVerDate Aug 31 2005 03:25 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S3563.PCS S3563

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1 ing States Parties associated with the Non2 Aligned Movement; and 

3 (H) the United States diplomatic strategy 

4 leading up to the Conference to build and 

5 strengthen the international consensus regard6 ing United States objectives. 

7 (b) REPORT ON OUTCOMES OF CONFERENCE.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the conclusion of the 2010 Nuclear Non-Prolifera10 tion Treaty Review Conference, the President shall 

11 submit to Congress a report, in classified and un12 classified forms, regarding the outcomes of the Con13 ference. 

14 (2) CONTENT.—The report required under 

15 paragraph (1) shall provide an assessment of the 

16 overall outcome of the Conference as well as United 

17 States consultations and negotiations and outcomes 

18 regarding the items listed in subsection (a)(2). 

19 TITLE IV—NUCLEAR 

20 SAFEGUARDS AND SUPPLY 

21 SEC. 401. SHORT TITLE. 

22 This title may be cited as the ‘‘Nuclear Safeguards 

23 and Supply Act of 2008’’. 


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1 SEC. 402. APPROPRIATE CONGRESSIONAL COMMITTEES 

2 DEFINED. 

3 In this title, the term ‘‘appropriate congressional 

4 committees’’ means the Committee on Foreign Relations 

5 of the Senate and the Committee on Foreign Affairs of 

6 the House of Representatives. 

7 Subtitle A—Nuclear Safeguards 

8 and Nuclear Fuel Supply 

9 SEC. 411. FINDINGS. 

10 Congress makes the following findings: 

11 (1) The Nuclear Non-Proliferation Treaty and 

12 the safeguards system of the International Atomic 

13 Energy Agency (IAEA) are indispensable to inter14 national peace and security. 

15 (2) Congress has long supported efforts aimed 

16 at effective and efficient assurances of nuclear fuel 

17 supply, the strengthening of IAEA safeguards, and 

18 assistance to the developing world for nuclear and 

19 non-nuclear energy sources, as embodied in the Nu20 clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 

21 et seq.). 

22 (3) The February 22, 2005, Report of the 

23 IAEA Experts Group on Multilateral Approaches to 

24 the Nuclear Fuel Cycle found that, in addition to in25 creased verification activities in various nations such 

26 as Iran, another factor contributing to significant 


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1 and troubling demands on the IAEA safeguards sys2 tem was that ‘‘the civilian nuclear industry appears 

3 to be poised for worldwide expansion’’ and that 

4 ‘‘[r]apidly growing global demand for electricity, the 

5 uncertainty of supply and price of natural gas, soar6 ing prices for oil, concerns about air pollution and 

7 the immense challenge of lowering greenhouse gas 

8 emissions, are all forcing a fresh look at nuclear 

9 power. As the technical and organizational founda10 tions of nuclear safety improve, there is increasing 

11 confidence in the safety of nuclear power plants. In 

12 light of existing, new and reawakened interest in 

13 many regions of the world, the prospect of new nu14 clear power stations on a large scale is therefore 

15 real. A greater number of States will consider devel16 oping their own fuel cycle facilities and nuclear 

17 know-how, and will seek assurances of supply in ma18 terials, services and technologies.’’ 

19 (4) The same report also found, ‘‘Two primary 

20 deciding factors dominate all assessments of multi21 lateral nuclear approaches namely ‘Assurance of 

22 non-proliferation’ and ‘Assurance of supply and serv23 ices’. Both are recognised overall objectives for gov24 ernments and for the NPT community. In practice, 

25 each of these two objectives can seldom be achieved 


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1 fully on its own. History has shown that it is even 

2 more difficult to find an optimum arrangement that 

3 will satisfy both objectives at the same time. As a 

4 matter of fact, multilateral approaches could be a 

5 way to satisfy both objectives.’’ 

6 (5) The same report also found, ‘‘The non-pro7 liferation value of a multilateral arrangement is 

8 measured by the various proliferation risks associ9 ated with a nuclear facility, whether national or mul10 tilateral. These risks include the diversion of mate11 rials from [a multilateral nuclear approach or MNA] 

12 (reduced through the presence of a multinational 

13 team), the theft of fissile materials, the diffusion of 

14 proscribed or sensitive technologies from MNAs to 

15 unauthorized entities, the development of clandestine 

16 parallel programmes and the breakout scenario. The 

17 latter refers to the case of the host country ‘break18 ing out’, for example, by expelling multinational 

19 staff, withdrawing from the NPT (and thereby ter20 minating its safeguards agreement), and operating 

21 the multilateral facility without international con22 trol.’’ 

23 (6) The 2004 Report of the United Nations 

24 Secretary-General’s High-Level Panel on Threats, 

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1 tives for countries to forego the development of do2 mestic uranium enrichment and reprocessing facili3 ties is essential, and that such suggestions, if imple4 mented swiftly and firmly, offer a real chance to re5 duce the risk of a nuclear attack, whether by states 

6 or non-state actors, and that such proposals ‘‘should 

7 be put into effect without delay’’. 

8 (7) On February 11, 2004, President George 

9 W. Bush stated, ‘‘The world’s leading nuclear ex10 porters should ensure that states have reliable access 

11 at reasonable cost to fuel for civilian reactors, so 

12 long as those states renounce enrichment and re13 processing. Enrichment and reprocessing are not 

14 necessary for nations seeking to harness nuclear en15 ergy for peaceful purposes.’’ 

16 (8) According to some experts, global energy 

17 demand will grow by 50 percent in the next 20 

18 years, predominantly in the developing world. 

19 (9) Nuclear power may play an increasing role 

20 in electricity supply to both the developed and the 

21 developing world over the next several decades. 

22 (10) The Government Accountability Office 

23 (GAO) stated in testimony before Congress in Sep24 tember 2006 that a significant factor limiting the ef25 fectiveness of the current IAEA safeguards system is 


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1 that ‘‘more than half, or 111 out of 189, of the 

2 NPT signatories have not yet brought the Additional 

3 Protocol into force, including the United States’’. 

4 (11) The GAO also testified that an additional 

5 ‘‘weakness in implementing strengthened safeguards 

6 is that safeguards are significantly limited or not ap7 plied in about 60 percent, or 112 out of 189, of the 

8 NPT signatory countries—either because they have 

9 an agreement (known as a small quantities protocol) 

10 with IAEA, and are not subject to most safeguards 

11 measures, or because they have not concluded a 

12 comprehensive safeguards agreement with IAEA’’. 

13 (12) The GAO also testified that ‘‘while IAEA 

14 is increasingly relying on the analytical skills of its 

15 staff to detect countries’ undeclared nuclear activi16 ties, the agency is facing a looming human capital 

17 crisis. In the next 5 years, IAEA will experience a 

18 large turnover of senior safeguards inspectors and 

19 high-level management officials. Delays in filling 

20 critical safeguards positions limit IAEA’s ability to 

21 implement strengthened safeguards.’’ 

22 (13) Outdated and unnecessary staff restric23 tions have prevented the IAEA from maintaining 

24 and equipping a well-trained cadre of professional 


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1 staff at the IAEA’s Safeguards Analytical Labora2 tory (SAL), located at Seibersdorf, Austria. 

3 (14) A goal of the Department of State’s budg4 et request for fiscal year 2007 for United States vol5 untary contributions to the IAEA was 

6 ‘‘[s]trengthening quality control and sensitivity of 

7 analyses by the Safeguards Analytical Laboratory 

8 (SAL) and the Network of Analytical Laboratories, 

9 and reviewing needs for possible refurbishment or 

10 replacement of SAL’’. 

11 (15) Considerable investment is needed for SAL 

12 to meet future IAEA requirements as its workload 

13 is growing, the laboratory’s infrastructure is aging, 

14 and IAEA requirements have become more demand15 ing, and while initial plans have been made for lab16 oratory enhancement and are currently pending 

17 budgetary approval (sometime in 2009), the simple 

18 fact is that, as more countries implement IAEA 

19 safeguards, many more nuclear samples come to 

20 SAL for analysis. 

21 (16) Any proposals for the creation of bilateral 

22 or multilateral assurances of supply mechanisms 

23 must take into account, and be achieved in a manner 

24 that minimizes, the risk of nuclear proliferation or 

25 regional arms races and maximizes adherence to 


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1 international nonproliferation regimes, including, in 

2 particular, the Guidelines of the Nuclear Suppliers 

3 Group (NSG), and the IAEA Additional Protocol. 

4 (17) Any proposal to create an assurance of 

5 supply mechanism in or with a certain country or 

6 group of countries should not result in decreased 

7 emphasis on existing nuclear safeguards verification 

8 efforts and compliance challenges. 

9 (18) The existing funding, planning, and execu10 tion of IAEA safeguards is not sufficient to meet the 

11 predicted growth in the future of civilian nuclear 

12 power, and therefore any growth in civilian nuclear 

13 power must be evaluated against the challenges it 

14 poses to verification of the assurances of peace and 

15 security provided by the IAEA safeguards system. 

16 (19) The existing IAEA safeguards system, and 

17 the Additional Protocol and the Guidelines of the 

18 NSG, represent the current, minimum standards for 

19 controlling access to and trade in civilian nuclear 

20 technology and should continue to be improved, ex21 panded, and strengthened. 

22 SEC. 412. DECLARATION OF POLICY. 

23 (a) CONTINUATION OF EXISTING POLICY.—It shall 

24 remain the policy of the United States— 


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1 (1) to create mechanisms to provide adequate 

2 supplies of nuclear fuel consistent with the provi3 sions of the Nuclear Non-Proliferation Act of 1978 

4 (22 U.S.C. 3201 et seq.), in particular title I of such 

5 Act (22 U.S.C. 3221 et seq.); 

6 (2) to strengthen the IAEA safeguards system 

7 consistent with the provisions of the Nuclear Non8 Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), 

9 in particular title II of such Act (22 U.S.C. 3241 et 

10 seq.); and 

11 (3) to cooperate with other nations, inter12 national institutions, and private organizations to 

13 assist in the development of non-nuclear energy re14 sources under title V of the Nuclear Non-Prolifera15 tion Act of 1978 (22 U.S.C. 3261 et seq.). 

16 (b) DECLARATION OF NEW POLICY.—It shall be the 

17 policy of the United States to discourage the development 

18 of enrichment and reprocessing capabilities in additional 

19 countries, encourage the creation of bilateral and multilat20 eral assurances of nuclear fuel supply, and ensure that 

21 all supply mechanisms operate in strict accordance with 

22 the IAEA safeguards system and do not result in any ad23 ditional unmet verification burdens for the system. 


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1 SEC. 413. SAFEGUARDS ANALYTICAL LABORATORY. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi3 tion to the amount requested by the President for United 

4 States Voluntary Contributions to the IAEA for Fiscal 

5 Year 2009, an additional $10,000,000 is authorized to be 

6 appropriated under this Act for the refurbishment or pos7 sible replacement of the IAEA Safeguards Analytical Lab8 oratory. 

9 (b) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary of State shall 

11 submit to the appropriate congressional committees a re12 port on the refurbishment or possible replacement of the 

13 IAEA Safeguards Analytical Laboratory pursuant to sub14 section (a). 

15 SEC. 414. SAFEGUARDS TECHNOLOGY DEVELOPMENT PRO16 GRAM. 

17 The Secretary of State is authorized, in cooperation 

18 with the Secretary of Energy and the Directors of the Na19 tional Laboratories and in consultation with the Secretary 

20 of Defense and the Director of National Intelligence, to 

21 pursue a program— 

22 (1) to strengthen technical safeguards research 

23 and development; 

24 (2) to increase resources, identify near-term 

25 technology goals, formulate a technology roadmap, 


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1 and improve interagency coordination on safeguards 

2 technology; and 

3 (3) to examine proliferation resistance in design 

4 and development of all future nuclear energy sys5 tems. 

6 SEC. 415. SAFEGUARDS CADRE PROGRAM. 

7 (a) IN GENERAL.—The Secretary of State, in co8 operation with the Secretary of Energy and the Directors 

9 of the United States Department of Energy National Lab10 oratories and Technology Centers (in this title referred to 

11 as the ‘‘Directors of the National Laboratories’’), is au12 thorized to develop, in accordance with section 3343 of 

13 title 5, United States Code, a program to create a dedi14 cated cadre of professionals assigned to the task of pro15 moting, strengthening, and providing technical assistance 

16 to the IAEA safeguards system. 

17 (b) CONTENT.—The program authorized under sub18 section (a) shall ensure that— 

19 (1) necessary incentives are in place to ensure 

20 that any United States persons serving within the 

21 IAEA are not professionally disadvantaged by such 

22 service when returning to the Federal workforce; 

23 (2) high priority is placed on safeguards posi24 tions within the IAEA by the United States; 


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1 (3) budget authority is provided to train and 

2 retain those personnel designated to be a part of the 

3 safeguards cadre program; and 

4 (4) safeguards professionals retain appropriate 

5 security clearances during any work they undertake 

6 while serving in the IAEA safeguards system. 

7 Subtitle B—Nuclear Fuel Supply 

8 SEC. 421. AUTHORITY FOR BILATERAL AND MULTILATERAL 

9 NUCLEAR FUEL SUPPLY MECHANISMS. 

10 (a) IN GENERAL.—The President is authorized to 

11 create, consistent with title I of the Nuclear Non-Pro12 liferation Act of 1978 (22 U.S.C. 3221 et seq.), and other 

13 applicable provisions of law, bilateral and multilateral 

14 mechanisms to provide a reliable supply of nuclear fuel 

15 to those countries and groups of countries that adhere to 

16 policies designed to prevent the proliferation of nuclear 

17 weapons and that decide to forgo a national uranium en18 richment program and spent nuclear fuel reprocessing fa19 cilities. 

20 (b) PURPOSE OF MECHANISMS.—The mechanisms 

21 authorized under subsection (a) shall, to the maximum ex22 tent practicable, take into account the following: 

23 (1) The economic rationale for a country or 

24 countries pursuing nuclear power, including existing 

25 sources of power for such country or countries. 


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1 (2) Whether such country or countries are in 

2 compliance with their obligations under applicable 

3 safeguards agreements and additional protocols with 

4 the IAEA. 

5 (3) Whether or not the development in such 

6 country or countries of the complete nuclear fuel 

7 cycle would impose new, costly IAEA safeguards 

8 measures that cannot be supported by current IAEA 

9 safeguards implementation in such country or coun10 tries, such that there is a reasonable assurance that 

11 all nuclear materials in such country or countries 

12 are for peaceful purposes and that there are no 

13 undeclared nuclear materials or activities in such 

14 country or countries. 

15 (4) An evaluation of the proliferation dangers 

16 of such country or countries developing nuclear fuel 

17 cycle facilities for the production and disposition of 

18 source and special nuclear materials. 

19 (5) Whether or not the country or countries 

20 that would be recipients of nuclear fuel or other as21 sistance provided by the United States are or have 

22 ever been designated as state sponsors of terrorism 

23 pursuant to section 620A of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2371), section 40 of the 

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1 tion 6(j) of the Export Administration Act (50 

2 U.S.C. App. 2405(j)). 

3 (6) If done under a bilateral supply mechanism, 

4 whether IAEA safeguards are being applied or will 

5 be applied to any facility, site, or location where 

6 international nuclear fuel supply activities are to be 

7 carried out. 

8 (7) Whether, in the case of a multilateral sup9 ply mechanism, procedures are in place to ensure 

10 that when United States funds are used or when 

11 United States nuclear materials are to be used, ex12 ported, or reexported, all applicable provisions of 

13 United States law are followed. 

14 (8) Whether the recipient country or countries 

15 of any fuel provided under this Act are or will be16 come a party, prior to the commencement of any nu17 clear fuel supply under this Act, to— 

18 (A) the Nuclear Non-Proliferation Treaty; 

19 (B) in the case of a non-nuclear-weapon 

20 State Party to the Nuclear Non-Proliferation 

21 Treaty, a comprehensive safeguards agreement 

22 that is in force, pursuant to which the IAEA 

23 has the right and obligation to ensure that safe24 guards are applied, in accordance with the 

25 terms of the agreement, on all source or special 


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1 fissionable material in all peaceful nuclear ac2 tivities within the territory of such country, 

3 under its jurisdiction, or carried out under its 

4 control anywhere, for the exclusive purpose of 

5 verifying that such material is not diverted to 

6 nuclear weapons or other nuclear explosive de7 vices; 

8 (C) an additional protocol; 

9 (D) the Convention on Nuclear Safety, 

10 done at Vienna September 20, 1994, and en11 tered into force October 24, 1996; 

12 (E) the Convention on Physical Protection 

13 of Nuclear Materials, done at Vienna October 

14 26, 1979, and entered into force February 8, 

15 1987; and 

16 (F) the Convention on Supplementary 

17 Compensation for Nuclear Damage, done at Vi18 enna September 12, 1997. 

19 (9) The extent to which the recipient country or 

20 countries have or will have prior to the commence21 ment of any nuclear fuel supply under this Act effec22 tive and enforceable export controls regarding nu23 clear and dual-use nuclear technology and other sen24 sitive materials comparable to those maintained by 

25 the United States. 


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1 (10) The conformity of the safety and regu2 latory regimes in the recipient country or countries 

3 regarding the nuclear power sector with similar 

4 United States laws and regulations. 

5 (11) The history of safety or environmental 

6 problems associated with any nuclear site, facility, or 

7 location in the recipient country or countries in the 

8 past, and the potential for future safety or environ9 mental problems or issues in connection with the ci10 vilian nuclear power development plan of the country 

11 or countries. 

12 (12) Whether the recipient country or countries 

13 have resident within them any persons or entities in14 volved in the illicit trafficking of nuclear weapons, 

15 nuclear materials, or dual-use nuclear technology. 

16 (13) Whether the recipient country or countries 

17 have or will have sufficiently open and transparent 

18 civilian power markets such that United States firms 

19 may benefit from any such bilateral or multilateral 

20 supply mechanisms. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

22 shall be construed to provide any authority with respect 

23 to bilateral cooperation with another country or countries 

24 or any international organization or organizations in 

25 atomic energy that is additional to the authority provided 


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1 under the Atomic Energy Act of 1954 (42 U.S.C. 2011 

2 et seq.) and all other applicable laws and regulations in 

3 effect on the date of the enactment of this Act. 

4 SEC. 422. REPORT ON THE ESTABLISHMENT OF AN INTER5 NATIONAL FUEL AUTHORITY. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of enactment of this Act, the President shall 

8 submit to the appropriate congressional committees a re9 port detailing the feasibility of establishing an Inter10 national Nuclear Fuel Authority (INFA) as called for in 

11 section 104 (a)(1) of the Nuclear Non-Proliferation Act 

12 of 1978 (22 U.S.C. 3223(a)(1)). 

13 (b) CONTENT.—Without regard to any previous re14 ports submitted under section 104 (a)(1) of the Nuclear 

15 Non-Proliferation Act of 1978 (22 U.S.C. 3223), the re16 port required under subsection (a) shall evaluate, with re17 spect to the feasibility of the establishment of the Inter18 national Nuclear Fuel Authority, the following: 

19 (1) United States laws and regulations that 

20 could be affected by the establishment of an INFA. 

21 (2) What the cost to the United States Govern22 ment could be of establishing an INFA. 

23 (3) Potential locations for the INFA. 

24 (4) The potential for creating a fuel supply 

25 bank under the control of the INFA. 


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1 (5) Nuclear materials that should be placed 

2 within the control of the INFA, including which nu3 clear activities should be carried out by the INFA 

4 for the production of nuclear fuel or for use as fuel. 

5 (6) Whether the INFA should provide nuclear 

6 fuel services to recipient countries. 

7 (7) Whether a multilateral supply mechanism, 

8 such as the INFA, is, in the judgment of the Presi9 dent, superior to bilateral mechanism for nuclear 

10 fuel supply. 

11 (8) How such an international organization 

12 should operate to preserve freedom of markets in 

13 nuclear fuel and avoid undue interference in the effi14 cient operation of the international nuclear fuel mar15 ket. 

16 (9) The degree and extent to which such a mul17 tilateral supply mechanism should be under the con18 trol of, or a subordinate organization within, the 

19 IAEA, including whether establishing such an INFA 

20 would be superior or preferable to allowing the 

21 IAEA, pursuant to Article IX of the Statute of the 

22 IAEA, to become an international broker of nuclear 

23 fuel and nuclear fuel services, including with respect 

24 to an examination of the costs to IAEA Member 


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1 States of effectively carrying out clauses (1) through 

2 (4) of paragraph (H) of such Article. 

3 (10) The likely receptivity of the major coun4 tries involved in the supply of nuclear fuel and nu5 clear services to the creation of a multilateral supply 

6 mechanism such as the INFA or one under the 

7 IAEA. 

8 SEC. 423. SENSE OF THE SENATE ON IAEA FUEL SUPPLY. 

9 It is the sense of the Senate that— 

10 (1) consistent with the long-standing support 

11 provided by Congress for the nuclear verification and 

12 technical cooperation projects of the IAEA, and with 

13 a view toward effective verification of safeguards and 

14 a desire to ensure that the expansion of nuclear 

15 power remains only for peaceful purposes, the 

16 United States should support, either in annual vol17 untary and off-budget contributions to the IAEA, or 

18 in the provision of nuclear fuel to the IAEA, a nu19 clear fuel bank within the IAEA; 

20 (2) the Senate commends the President for the 

21 September 26, 2005, announcement at the 49th Ses22 sion of the General Conference of the IAEA that the 

23 United States will reserve up to 17 metric tons of 

24 highly enriched uranium for an IAEA verifiable as25 sured supply arrangement; 


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1 (3) the Senate commends the efforts of the Nu2 clear Threat Initiative (NTI) to contribute 

3 $50,000,000 to the IAEA to help create a low en4 riched uranium stockpile owned and managed by the 

5 IAEA; and 

6 (4) a combination of public and private efforts, 

7 including the provisions of law previously enacted in 

8 the Nuclear Non-Proliferation Act of 1978 (22 

9 U.S.C. 3201 et seq.) and other applicable laws, ini10 tiatives supported by the President, efforts provided 

11 for by private groups, and the recommendations of 

12 many relevant studies, such as those cited in section 

13 101, will be necessary to effectively and flexibly 

14 manage the growth of civilian nuclear power in a 

15 manner that does not result in undue burdens on 

16 the IAEA safeguards system. 

17 TITLE V—GLOBAL PATHOGEN 

18 SURVEILLANCE 

19 SEC. 501. SHORT TITLE. 

20 This title may be cited as the ‘‘Global Pathogen Sur21 veillance Act of 2008’’. 

22 SEC. 502. FINDINGS; PURPOSE. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) The frequency of the occurrence of biologi2 cal events that could threaten the national security 

3 of the United States has increased and is likely in4 creasing. The threat to the United States from such 

5 events includes threats from diseases that infect hu6 mans, animals, or plants regardless of if such dis7 eases are introduced naturally, accidentally, or inten8 tionally. 

9 (2) Bioterrorism poses a grave national security 

10 threat to the United States. The insidious nature of 

11 a bioterrorist attack, the likelihood that the recogni12 tion of such an attack would be delayed, and the 

13 underpreparedness of the domestic public health in14 frastructure to respond to such an attack could re15 sult in catastrophic consequences following a biologi16 cal weapons attack against the United States. 

17 (3) The ability to recognize that a country or 

18 organization is carrying out a covert biological weap19 ons programs is dependent on a number of indica20 tions and warnings. A critical component of this rec21 ognition is the timely detection of sentinel events 

22 such as community-level outbreaks that could be the 

23 earliest indication of an emerging bioterrorist pro24 gram in a foreign country. Early detection of such 


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1 events may enable earlier counterproliferation inter2 vention. 

3 (4) A contagious pathogen engineered as a bio4 logical weapon and developed, tested, produced, or 

5 released in a foreign country could quickly spread to 

6 the United States. Considering the realities of inter7 national travel, trade, and migration patterns, a 

8 dangerous pathogen appearing naturally, acciden9 tally, or intentionally anywhere in the world can 

10 spread to the United States in a matter of days, be11 fore any effective quarantine or isolation measures 

12 could be implemented. 

13 (5) To combat bioterrorism effectively and en14 sure that the United States is fully prepared to pre15 vent, recognize, and contain a biological weapons at16 tack or emerging infectious disease, measures to 

17 strengthen the domestic public health infrastructure 

18 and improve domestic event detection, surveillance, 

19 and response, while absolutely essential, are not suf20 ficient. 

21 (6) The United States should enhance coopera22 tion with the World Health Organization, regional 

23 international health organizations, and individual 

24 countries, including data sharing with appropriate 

25 agencies and departments of the United States, to 


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1 help detect and quickly contain infectious disease 

2 outbreaks or a bioterrorism agent before such a dis3 ease or agent is spread. 

4 (7) The World Health Organization has done 

5 an impressive job in monitoring infectious disease 

6 outbreaks around the world, notably in the April 

7 2000 establishment and subsequent operation of the 

8 Global Outbreak Alert and Response Network. 

9 (8) The capabilities of the World Health Orga10 nization depend on the timeliness and quality of the 

11 data and information the Organization receives from 

12 the countries that are members of the Organization, 

13 pursuant to the 2005 revision of the International 

14 Health Regulations. Developing countries, in par15 ticular, often lack the necessary resources to build 

16 and maintain effective public health infrastructures. 

17 (9) Developing countries could benefit from— 

18 (A) better trained public health profes19 sionals and epidemiologists to recognize disease 

20 patterns; 

21 (B) appropriate laboratory equipment for 

22 diagnosis of pathogens; 

23 (C) disease reporting systems that— 

24 (i) are based on disease and syndrome 

25 surveillance; and 


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1 (ii) could enable an effective response 

2 to a biological event to begin at the earliest 

3 possible opportunity; 

4 (D) a narrowing of the existing technology 

5 gap in disease and syndrome surveillance capa6 bilities, based on reported symptoms, and real7 time information dissemination to public health 

8 officials; and 

9 (E) appropriate communications equip10 ment and information technology to efficiently 

11 transmit information and data within national, 

12 international regional, and international health 

13 networks, including inexpensive, Internet-based 

14 geographic information systems and relevant 

15 telephone-based systems for early recognition 

16 and diagnosis of diseases. 

17 (10) An effective international capability to de18 tect, monitor, and quickly diagnose infectious disease 

19 outbreaks will offer dividends not only in the event 

20 of biological weapons development, testing, produc21 tion, and attack, but also in the more likely cases of 

22 naturally occurring infectious disease outbreaks that 

23 could threaten the United States. Furthermore, a 

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1 tain terrorist use of biological weapons, mitigating 

2 the intended effects of such malevolent uses. 

3 (b) PURPOSES.—The purposes of this title are as fol4 lows: 

5 (1) To enhance the capability of the inter6 national community, through international health or7 ganizations and individual countries, to detect, iden8 tify, and contain infectious disease outbreaks, wheth9 er the cause of those outbreaks is intentional human 

10 action or natural in origin. 

11 (2) To enhance the training of public health 

12 professionals and epidemiologists from eligible devel13 oping countries in advanced Internet-based disease 

14 and syndrome surveillance systems, in addition to 

15 traditional epidemiology methods, so that such pro16 fessionals and epidemiologists may better detect, di17 agnose, and contain infectious disease outbreaks, es18 pecially such outbreaks caused by the pathogens that 

19 may be likely to be used in a biological weapons at20 tack. 

21 (3) To provide assistance to eligible developing 

22 countries to purchase appropriate communications 

23 equipment and information technology to detect, 

24 analyze, and report biological threats, including— 


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1 (A) relevant computer equipment, Internet 

2 connectivity mechanisms, and telephone-based 

3 applications to effectively gather, analyze, and 

4 transmit public health information for infec5 tious disease surveillance and diagnosis; and 

6 (B) appropriate computer equipment and 

7 Internet connectivity mechanisms— 

8 (i) to facilitate the exchange of Geo9 graphic Information Systems-based disease 

10 and syndrome surveillance information; 

11 and 

12 (ii) to effectively gather, analyze, and 

13 transmit public health information for in14 fectious disease surveillance and diagnosis. 

15 (4) To make available greater numbers of pub16 lic health professionals who are employed by the 

17 Government of the United States to international re18 gional and international health organizations, inter19 national regional and international health networks, 

20 and United States diplomatic missions, as appro21 priate. 

22 (5) To expand the training and outreach activi23 ties of United States laboratories located in foreign 

24 countries, including the Centers for Disease Control 

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1 tories, to enhance the public health capabilities of 

2 developing countries. 

3 (6) To provide appropriate technical assistance 

4 to existing international regional and international 

5 health networks and, as appropriate, seed money for 

6 new international regional and international net7 works. 

8 SEC. 503. DEFINITIONS. 

9 In this title: 

10 (1) ELIGIBLE DEVELOPING COUNTRY.—The 

11 term ‘‘eligible developing country’’ means any devel12 oping country that— 

13 (A) has agreed to the objective of fully 

14 complying with requirements of the World 

15 Health Organization on reporting public health 

16 information on outbreaks of infectious diseases; 

17 (B) has not been determined by the Sec18 retary, for purposes of section 40 of the Arms 

19 Export Control Act (22 U.S.C. 2780), section 

20 620A of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2371), or section 6(j) of the Export 

22 Administration Act of 1979 (as in effect pursu23 ant to the International Emergency Economic 

24 Powers Act; 50 U.S.C. 1701 et seq.), to have 

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1 national terrorism, unless the Secretary exer2 cises a waiver certifying that it is in the na3 tional interest of the United States to provide 

4 assistance under the provisions of this title; and 

5 (C) is a party to the Convention on the 

6 Prohibition of the Development, Production and 

7 Stockpiling of Bacteriological (Biological) and 

8 Toxin Weapons and on Their Destruction, done 

9 at Washington, London, and Moscow April 10, 

10 1972 (26 UST 583). 

11 (2) ELIGIBLE NATIONAL.—The term ‘‘eligible 

12 national’’ means any citizen or national of an eligible 

13 developing country who— 

14 (A) does not have a criminal background; 

15 (B) is not on any immigration or other 

16 United States watch list; and 

17 (C) is not affiliated with any foreign ter18 rorist organization. 

19 (3) INTERNATIONAL HEALTH ORGANIZATION.— 

20 The term ‘‘international health organization’’ in21 cludes the World Health Organization, regional of22 fices of the World Health Organization, and such 

23 similar international organizations as the Pan Amer24 ican Health Organization. 


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1 (4) LABORATORY.—The term ‘‘laboratory’’ 

2 means a facility for the biological, microbiological, 

3 serological, chemical, immunohematological, 

4 hematological, biophysical, cytological, pathological, 

5 or other medical examination of materials derived 

6 from the human body for the purpose of providing 

7 information for the diagnosis, prevention, or treat8 ment of any disease or impairment of, or the assess9 ment of the health of, human beings. 

10 (5) SECRETARY.—Unless otherwise provided, 

11 the term ‘‘Secretary’’ means the Secretary of State. 

12 (6) DISEASE AND SYNDROME SURVEILLANCE.— 

13 The term ‘‘disease and syndrome surveillance’’ 

14 means the recording of clinician-reported symptoms 

15 (patient complaints) and signs (derived from phys16 ical examination and laboratory data) combined with 

17 simple geographic locators to track the emergence of 

18 a disease in a population. 

19 SEC. 504. ELIGIBILITY FOR ASSISTANCE. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), assistance may be provided to an eligible developing 

22 country under any provision of this title only if the govern23 ment of the eligible developing country— 

24 (1) permits personnel from the World Health 

25 Organization and the Centers for Disease Control 


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1 and Prevention to investigate outbreaks of infectious 

2 diseases within the borders of such country; and 

3 (2) provides pathogen surveillance data to the 

4 appropriate agencies and departments of the United 

5 States and to international health organizations. 

6 (b) WAIVER.—The Secretary may waive the prohibi7 tion set out in subsection (a) if the Secretary determines 

8 that it is in the national interest of the United States to 

9 provide such a waiver. 

10 (c) PRIOR NOTICE OF WAIVERS.—A waiver pursuant 

11 to subsection (b) may not be executed until 15 days after 

12 the Secretary provides to the Committee on Foreign Rela13 tions of the Senate and the Committee on Foreign Affairs 

14 of the House of Representatives written notice of the in15 tent to issue such waiver and the reasons for doing so. 

16 SEC. 505. RESTRICTION. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of this title, no foreign national participating in a pro19 gram authorized under this title shall have access, during 

20 the course of such participation, to a select agent or toxin 

21 described in section 73.4 of title 42, Code of Federal Reg22 ulations (or any corresponding similar regulation) or an 

23 overlap select agent or toxin described in section 73.5 of 

24 such title (or any corresponding similar regulation) that 


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1 may be used as, or in, a biological weapon, except in a 

2 supervised and controlled setting. 

3 (b) RELATIONSHIP TO REGULATIONS.—The restric4 tion set out in subsection (a) may not be construed to limit 

5 the ability of the Secretary of Health and Human Services 

6 to prescribe, through regulation, standards for the han7 dling of a select agent or toxin or an overlap select agent 

8 or toxin described in such subsection. 

9 SEC. 506. FELLOWSHIP PROGRAM. 

10 (a) ESTABLISHMENT.—There is established a fellow11 ship program under which the Secretary, in consultation 

12 with the Secretary of Health and Human Services and the 

13 Secretary of Homeland Security and subject to the avail14 ability of appropriations, shall award fellowships to eligible 

15 nationals to pursue public health education or training, 

16 as follows: 

17 (1) MASTER OF PUBLIC HEALTH DEGREE.— 

18 Graduate courses of study leading to a master of 

19 public health degree with a concentration in epidemi20 ology from an institution of higher education in the 

21 United States with a Center for Public Health Pre22 paredness, as determined by the Director of the Cen23 ters for Disease Control and Prevention. 

24 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

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1 demiology for public health professionals from eligi2 ble developing countries to be carried out at the 

3 Centers for Disease Control and Prevention, an ap4 propriate facility of a State, or an appropriate facil5 ity of another agency or department of the United 

6 States (other than a facility of the Department of 

7 Defense or a national laboratory of the Department 

8 of Energy) for a period of not less than 6 months 

9 or more than 12 months. 

10 (b) SPECIALIZATION IN BIOTERRORISM.—In addition 

11 to the education or training specified in subsection (a), 

12 each recipient of a fellowship under this section (in this 

13 section referred to as a ‘‘fellow’’) may take courses of 

14 study at the Centers for Disease Control and Prevention 

15 or at an equivalent facility on diagnosis and containment 

16 of likely bioterrorism agents. 

17 (c) FELLOWSHIP AGREEMENT.— 

18 (1) IN GENERAL.—A fellow shall enter into an 

19 agreement with the Secretary under which the fellow 

20 agrees— 

21 (A) to maintain satisfactory academic 

22 progress, as determined in accordance with reg23 ulations issued by the Secretary and confirmed 

24 in regularly scheduled updates to the Secretary 

25 from the institution providing the education or 


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1 training on the progress of the fellow’s edu2 cation or training; 

3 (B) upon completion of such education or 

4 training, to return to the fellow’s country of na5 tionality or last habitual residence (so long as 

6 it is an eligible developing country) and com7 plete at least 4 years of employment in a public 

8 health position in the government or a non9 governmental, not-for-profit entity in that coun10 try or, with the approval of the Secretary, com11 plete part or all of this requirement through 

12 service with an international health organiza13 tion without geographic restriction; and 

14 (C) that, if the fellow is unable to meet the 

15 requirements described in subparagraph (A) or 

16 (B), the fellow shall reimburse the United 

17 States for the value of the assistance provided 

18 to the fellow under the fellowship program, to19 gether with interest at a rate that— 

20 (i) is determined in accordance with 

21 regulations issued by the Secretary; and 

22 (ii) is not higher than the rate gen23 erally applied in connection with other 

24 Federal loans. 


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1 (2) WAIVERS.—The Secretary may waive the 

2 application of subparagraph (B) or (C) of paragraph 

3 (1) on a case by case basis if the Secretary deter4 mines that— 

5 (A) it is in the national interest of the 

6 United States to provide such a waiver; or 

7 (B) humanitarian considerations require 

8 such a waiver. 

9 (d) AGREEMENT.—The Secretary, in consultation 

10 with the Secretary of Health and Human Services and the 

11 Secretary of Homeland Security, is authorized to enter 

12 into an agreement with the government of an eligible de13 veloping country under which such government agrees— 

14 (1) to establish a procedure for the nomination 

15 of eligible nationals for fellowships under this sec16 tion; 

17 (2) to guarantee that a fellow will be offered a 

18 professional public health position within the devel19 oping country upon completion of the fellow’s stud20 ies; and 

21 (3) to submit to the Secretary a certification 

22 stating that a fellow has concluded the minimum pe23 riod of employment in a public health position re24 quired by the fellowship agreement, including an ex25 planation of how the requirement was met. 


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1 (e) PARTICIPATION OF UNITED STATES CITIZENS.— 

2 On a case-by-case basis, the Secretary may provide for the 

3 participation of a citizen of the United States in the fel4 lowship program under the provisions of this section if— 

5 (1) the Secretary determines that it is in the 

6 national interest of the United States to provide for 

7 such participation; and 

8 (2) the citizen of the United States agrees to 

9 complete, at the conclusion of such participation, at 

10 least 5 years of employment in a public health posi11 tion in an eligible developing country or at an inter12 national health organization. 

13 (f) USE OF EXISTING PROGRAMS.—The Secretary, 

14 with the concurrence of the Secretary of Health and 

15 Human Services, may elect to use existing programs of 

16 the Department of Health and Human Services to provide 

17 the education and training described in subsection (a) if 

18 the requirements of subsections (b), (c), and (d) will be 

19 substantially met under such existing programs. 

20 SEC. 507. IN-COUNTRY TRAINING IN LABORATORY TECH21 NIQUES AND DISEASE AND SYNDROME SUR22 VEILLANCE. 

23 (a) LABORATORY TECHNIQUES.— 

24 (1) IN GENERAL.—The Secretary, after con25 sultation with the Secretary of Health and Human 


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1 Services, the Secretary of Defense, and the Sec2 retary of Homeland Security and in conjunction with 

3 elements of those departments that engage in activi4 ties of this type overseas, and subject to the avail5 ability of appropriations, shall provide assistance for 

6 short training courses for eligible nationals who are 

7 laboratory technicians or other public health per8 sonnel in laboratory techniques relating to the iden9 tification, diagnosis, and tracking of pathogens re10 sponsible for possible infectious disease outbreaks. 

11 (2) LOCATION.—The training described in 

12 paragraph (1) shall be held outside the United 

13 States and may be conducted in facilities of the Cen14 ters for Disease Control and Prevention located in 

15 foreign countries or in Overseas Medical Research 

16 Units of the Department of Defense, as appropriate. 

17 (3) COORDINATION WITH EXISTING PRO18 GRAMS.—The Secretary shall coordinate the training 

19 described in paragraph (1), where appropriate, with 

20 existing programs and activities of international 

21 health organizations. 

22 (b) DISEASE AND SYNDROME SURVEILLANCE.— 

23 (1) IN GENERAL.—The Secretary, after con24 sultation with the Secretary of Health and Human 

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1 retary of Homeland Security and in conjunction with 

2 elements of those departments that engage in activi3 ties of this type overseas, and subject to the avail4 ability of appropriations, shall establish and provide 

5 assistance for short training courses for eligible na6 tionals who are health care providers or other public 

7 health personnel in techniques of disease and syn8 drome surveillance reporting and rapid analysis of 

9 syndrome information using geographic information 

10 system tools. 

11 (2) LOCATION.—The training described in 

12 paragraph (1) shall be conducted via the Internet or 

13 in appropriate facilities located in a foreign country, 

14 as determined by the Secretary. 

15 (3) COORDINATION WITH EXISTING PRO16 GRAMS.—The Secretary shall coordinate the training 

17 described in paragraph (1), where appropriate, with 

18 existing programs and activities of international re19 gional and international health organizations. 

20 SEC. 508. ASSISTANCE FOR THE PURCHASE AND MAINTE21 NANCE OF PUBLIC HEALTH LABORATORY 

22 EQUIPMENT AND SUPPLIES. 

23 (a) AUTHORIZATION.—The President is authorized to 

24 provide, on such terms and conditions as the President 

25 may determine, assistance to eligible developing countries 


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1 to purchase and maintain the public health laboratory 

2 equipment and supplies described in subsection (b). 

3 (b) EQUIPMENT AND SUPPLIES COVERED.—The 

4 equipment and supplies described in this subsection are 

5 equipment and supplies that are— 

6 (1) appropriate, to the extent possible, for use 

7 in the intended geographic area; 

8 (2) necessary to collect, analyze, and identify 

9 expeditiously a broad array of pathogens, including 

10 mutant strains, which may cause disease outbreaks 

11 or may be used in a biological weapon; 

12 (3) compatible with general standards set forth 

13 by the World Health Organization and, as appro14 priate, the Centers for Disease Control and Preven15 tion, to ensure interoperability with international re16 gional and international public health networks; and 

17 (4) not defense articles, defense services, or 

18 training, as such terms are defined in the Arms Ex19 port Control Act (22 U.S.C. 2751 et seq.). 

20 (c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to exempt the exporting of goods 

22 and technology from compliance with applicable provisions 

23 of the Export Administration Act of 1979 (as in effect 

24 pursuant to the International Emergency Economic Pow25 ers Act; 50 U.S.C. 1701 et seq.). 


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1 (d) LIMITATION.—Amounts appropriated to carry 

2 out this section shall not be made available for the pur3 chase from a foreign country of equipment or supplies 

4 that, if made in the United States, would be subject to 

5 the Arms Export Control Act (22 U.S.C. 2751 et seq.) 

6 or likely be barred or subject to special conditions under 

7 the Export Administration Act of 1979 (as in effect pursu8 ant to the International Emergency Economic Powers Act; 

9 50 U.S.C. 1701 et seq.). 

10 (e) PROCUREMENT PREFERENCE.—In the use of 

11 grant funds authorized under subsection (a), preference 

12 should be given to the purchase of equipment and supplies 

13 of United States manufacture. The use of amounts appro14 priated to carry out this section shall be subject to section 

15 604 of the Foreign Assistance Act of 1961 (22 U.S.C. 

16 2354). 

17 (f) COUNTRY COMMITMENTS.—The assistance pro18 vided under this section for equipment and supplies may 

19 be provided only if the eligible developing country that re20 ceives such equipment and supplies agrees to provide the 

21 infrastructure, technical personnel, and other resources re22 quired to house, maintain, support, secure, and maximize 

23 use of such equipment and supplies. 


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1 SEC. 509. ASSISTANCE FOR IMPROVED COMMUNICATION 

2 OF PUBLIC HEALTH INFORMATION. 

3 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

4 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 

5 President is authorized to provide, on such terms and con6 ditions as the President may determine, assistance to eligi7 ble developing countries to purchase and maintain the 

8 communications equipment and information technology 

9 described in subsection (b), and the supporting equipment, 

10 necessary to effectively collect, analyze, and transmit pub11 lic health information. 

12 (b) COVERED EQUIPMENT.—The communications 

13 equipment and information technology described in this 

14 subsection are communications equipment and informa15 tion technology that— 

16 (1) are suitable for use under the particular 

17 conditions of the area of intended use; 

18 (2) meet the standards set forth by the World 

19 Health Organization and, as appropriate, the Sec20 retary of Health and Human Services, to ensure 

21 interoperability with like equipment of other coun22 tries and international organizations; and 

23 (3) are not defense articles, defense services, or 

24 training, as those terms are defined in the Arms Ex25 port Control Act (22 U.S.C. 2751 et seq.). 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to exempt the exporting of goods 

3 and technology from compliance with applicable provisions 

4 of the Export Administration Act of 1979 (as in effect 

5 pursuant to the International Emergency Economic Pow6 ers Act; 50 U.S.C. 1701 et seq.). 

7 (d) LIMITATION.—Amounts appropriated to carry 

8 out this section shall not be made available for the pur9 chase from a foreign country of communications equip10 ment or information technology that, if made in the 

11 United States, would be subject to the Arms Export Con12 trol Act (22 U.S.C. 2751 et seq.) or likely be barred or 

13 subject to special conditions under the Export Administra14 tion Act of 1979 (as in effect pursuant to the Inter15 national Emergency Economic Powers Act; 50 U.S.C. 

16 1701 et seq.). 

17 (e) PROCUREMENT PREFERENCE.—In the use of 

18 grant funds under subsection (a), preference should be 

19 given to the purchase of communications equipment and 

20 information technology of United States manufacture. The 

21 use of amounts appropriated to carry out this section shall 

22 be subject to section 604 of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2354). 

24 (f) ASSISTANCE FOR STANDARDIZATION OF REPORT25 ING.—The President is authorized to provide, on such 


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1 terms and conditions as the President may determine, 

2 technical assistance and grant assistance to international 

3 health organizations to facilitate standardization in the re4 porting of public health information between and among 

5 developing countries and international health organiza6 tions. 

7 (g) COUNTRY COMMITMENTS.—The assistance pro8 vided under this section for communications equipment 

9 and information technology may be provided only if the 

10 eligible developing country that receives such equipment 

11 and technology agrees to provide the infrastructure, tech12 nical personnel, and other resources required to house, 

13 maintain, support, secure, and maximize use of such 

14 equipment and technology. 

15 SEC. 510. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO 

16 UNITED STATES MISSIONS AND INTER17 NATIONAL ORGANIZATIONS. 

18 (a) IN GENERAL.—Upon the request of the chief of 

19 a diplomatic mission of the United States or of the head 

20 of an international regional or international health organi21 zation, and with the concurrence of the Secretary and of 

22 the employee concerned, the head of an agency or depart23 ment of the United States may assign to the mission or 

24 the organization any officer or employee of the agency or 

25 department that occupies a public health position within 


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1 the agency or department for the purpose of enhancing 

2 disease and pathogen surveillance efforts in developing 

3 countries. 

4 (b) REIMBURSEMENT.—The costs incurred by an 

5 agency or department of the United States by reason of 

6 the detail of personnel under subsection (a) may be reim7 bursed to that agency or department out of the applicable 

8 appropriations account of the Department of State if the 

9 Secretary determines that the agency or department may 

10 otherwise be unable to assign such personnel on a non11 reimbursable basis. 

12 SEC. 511. EXPANSION OF CERTAIN UNITED STATES GOV13 ERNMENT LABORATORIES ABROAD. 

14 (a) IN GENERAL.—Subject to the availability of ap15 propriations and with the concurrence of the government 

16 of each host country, the Director of the Centers for Dis17 ease Control and Prevention and the Secretary of Defense 

18 shall each— 

19 (1) increase the number of personnel assigned 

20 to laboratories of the Centers for Disease Control 

21 and Prevention or the Department of Defense, as 

22 appropriate, located in eligible developing countries 

23 that conduct research and other activities with re24 spect to infectious diseases; and 


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1 (2) expand the operations of such laboratories, 

2 especially with respect to the implementation of on3 site training of foreign nationals and activities af4 fecting the region in which the country is located. 

5 (b) COOPERATION AND COORDINATION BETWEEN

6 LABORATORIES.—Subsection (a) shall be carried out in 

7 such a manner as to foster cooperation and avoid duplica8 tion between and among laboratories. 

9 (c) RELATION TO CORE MISSIONS AND SECURITY.— 

10 The expansion of the operations of the laboratories of the 

11 Centers for Disease Control and Prevention or the Depart12 ment of Defense located in foreign countries under this 

13 section may not— 

14 (1) detract from the established core missions 

15 of the laboratories; or 

16 (2) compromise the security of those labora17 tories, as well as their research, equipment, exper18 tise, and materials. 

19 SEC. 512. ASSISTANCE FOR INTERNATIONAL HEALTH NET20 WORKS AND EXPANSION OF FIELD EPIDEMI21 OLOGY TRAINING PROGRAMS. 

22 (a) AUTHORITY.—The President is authorized, on 

23 such terms and conditions as the President may deter24 mine, to provide assistance for the purposes of— 


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1 (1) enhancing the surveillance and reporting ca2 pabilities of the World Health Organization and ex3 isting international regional and international health 

4 networks; and 

5 (2) developing new international regional and 

6 international health networks. 

7 (b) EXPANSION OF FIELD EPIDEMIOLOGY TRAINING

8 PROGRAMS.—The Secretary of Health and Human Serv9 ices is authorized to establish new country or regional 

10 international Field Epidemiology Training Programs in el11 igible developing countries, with the concurrence of the 

12 government of each host country. 

13 SEC. 513. REPORTS. 

14 Not later than 90 days after the date of enactment 

15 of this Act, the Secretary, in conjunction with the Sec16 retary of Health and Human Services, the Secretary of 

17 Defense, and the Secretary of Homeland Security, shall 

18 submit to the Committee on Foreign Relations and the 

19 Committee on Homeland Security and Governmental Af20 fairs of the Senate and the Committee on Foreign Affairs 

21 and the Committee on Homeland Security of the House 

22 of Representatives a report on the implementation of pro23 grams under this title, including an estimate of the level 

24 of funding required to carry out such programs at a suffi25 cient level. 


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1 SEC. 514. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

3 to subsection (c), there are authorized to be appropriated 

4 for the purpose of carrying out activities under this title 

5 the following amounts: 

6 (1) $40,000,000 for fiscal year 2009. 

7 (2) $75,000,000 for fiscal year 2010. 

8 (b) AVAILABILITY OF FUNDS.—The amounts appro9 priated pursuant to subsection (a) are authorized to re10 main available until expended. 

11 (c) LIMITATION ON OBLIGATION OF FUNDS.—Not 

12 more than 10 percent of the amount appropriated pursu13 ant to subsection (a)(1) may be obligated before the date 

14 on which a report is submitted, or required to be sub15 mitted, whichever first occurs, under section 513. 

16 TITLE VI—INTERNATIONAL 

17 SPACE STATION PAYMENTS 

18 SEC. 601. SHORT TITLE. 

19 This title may be cited as the ‘‘International Space 

20 Station Payments Act of 2008’’. 

21 SEC. 602. AUTHORITY TO MAKE CERTAIN EXTRAORDINARY 

22 PAYMENTS IN CONNECTION WITH THE 

23 INTERNATIONAL SPACE STATION. 

24 Section 7(1)(B) of the Iran, North Korea, and Syria 

25 Nonproliferation Act (Public Law 106–178; 50 U.S.C. 

26 1701 note) is amended— 


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1 (1) by striking ‘‘except that such term does not 

2 mean payments’’ and inserting the following: ‘‘except 

3 that such term does not mean— 

4 ‘‘(i) payments’’; 

5 (2) by striking ‘‘or contract related thereto.’’ 

6 and inserting ‘‘or contract related thereto; or’’; and 

7 (3) by adding at the end the following new 

8 clause: 

9 ‘‘(ii) payments in cash or in kind 

10 made or to be made by the United States 

11 Government between January 1, 2012, and 

12 reentry into Earth’s atmosphere of the 

13 International Space Station at its end of 

14 life, for work to be performed or services 

15 to be rendered during that period nec16 essary to meet United States obligations 

17 under the Agreement Concerning Coopera18 tion on the Civil International Space Sta19 tion, with annex, signed at Washington 

20 January 29, 1998, and entered into force 

21 March 27, 2001, or any protocol, agree22 ment, memorandum of understanding, or 

23 contract related thereto, except that this 

24 clause does not allow for payments in cash 


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1 or in kind to be made by the United States 

2 Government for— 

3 ‘‘(I) any cargo services provided 

4 by a Progress vehicle; or 

5 ‘‘(II) any crew transportation or 

6 rescue services provided by a Soyuz 

7 vehicle after— 

8 ‘‘(aa) the Orion Crew Explo9 ration Vehicle reaches full oper10 ational capability; or 

11 ‘‘(bb) a United States com12 mercial provider of crew trans13 portation and rescue services 

14 demonstrates the capability to 

15 meet mission requirements of the 

16 International Space Station.’’. 


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Calendar No. 1074 

110TH CONGRESS 

2D SESSION S. 3563 

[Report No. 110–496] 

A BILL 

To authorize appropriations under the Arms Export 

and 2010, and for other purposes. 1961 for security assistance for fiscal years 2009 Control Act and the Foreign Assistance Act of 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Read twice and placed on the calendar 


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