II 

Calendar No. 390

108TH CONGRESS 

1ST SESSION S. 1864

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

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14 (legislative day, NOVEMBER 12), 2003

Mr. LUGAR (for himself and Mr. BIDEN) introduced the following bill; which 

was read the first time 

NOVEMBER 17, 2003

Read the second time and placed on the calendar 

A BILL

To enhance the security of the United States and United 

States allies.

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 Enhancement Act of 2003’’. 

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

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 
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TITLE I—DEFENSE TRADE COOPERATION 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Definitions. 

Sec. 104. Exception to bilateral agreement requirements for transfers of defense items within Australia and the United Kingdom. 

Sec. 105. Certifications for the United Kingdom and Australia. 

Sec. 106. Notification of regulations permitting bilateral licensing exemptions. 

Sec. 107. Report on issues raised in consultations pursuant to bilateral agreements with Australia and the United Kingdom. 

Sec. 108. Special reports on unauthorized end-use or diversion. 

TITLE II—RADIOLOGICAL TERRORISM THREAT REDUCTION 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

Sec. 204. International storage facilities for radioactive sources. 

Sec. 205. Discovery, inventory, and recovery of radioactive sources. 

Sec. 206. Radioisotope thermal generator power units in the independent states 

of the former Soviet Union. 

Sec. 207. Foreign first responders. 

Sec. 208. Threat assessment reports. 

Sec. 209. Availability of funds. 

TITLE III—GLOBAL PATHOGEN SURVEILLANCE 

Sec. 301. Short title. 

Sec. 302. Findings; purposes. 

Sec. 303. Definitions. 

Sec. 304. Priority for certain countries. 

Sec. 305. Restriction. 

Sec. 306. Fellowship program. 

Sec. 307. In-country training in laboratory techniques and syndrome surveillance. 

Sec. 308. Assistance for the purchase and maintenance of public health laboratory equipment. 

Sec. 309. Assistance for improved communication of public health information. 

Sec. 310. Assignment of public health personnel to United States missions and 

international organizations. 

Sec. 311. Expansion of certain United States Government laboratories abroad. 

Sec. 312. Assistance for regional health networks and expansion of foreign epidemiology training programs. 

Sec. 313. Availability of funds. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Authority to transfer naval vessels to certain foreign countries. 

Sec. 402. Transfer of certain obsolete or surplus defense articles in the war reserve stockpiles for allies to Israel.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations 

4 of the Senate and the Committee on International 

5 Relations of the House of Representatives. 

6 (2) DEFENSE ARTICLES.—The term ‘‘defense 

7 articles’’ has the meaning given the term in section 

8 47 of the Arms Export Control Act (22 U.S.C. 

9 2794). 

10 (3) DEFENSE SERVICES.—The term ‘‘defense 

11 services’’ has the meaning given the term in section 

12 47 of the Arms Export Control Act (22 U.S.C. 

13 2794). 

14 (4) SECRETARY.—Unless otherwise provided, 

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

16 TITLE I—DEFENSE TRADE 

17 COOPERATION 

18 SEC. 101. SHORT TITLE. 

19 This title may be cited as the ‘‘Defense Trade Co20 operation Act of 2003’’. 

21 SEC. 102. FINDINGS. 

22 Congress makes the following findings: 

23 (1) Close defense cooperation between the 

24 United States and each of the United Kingdom and 
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1 Australia requires interoperability among the armed 

2 forces. 

3 (2) The need for interoperability must be bal4 anced with the need for the appropriate and effective 

5 regulation of trade in defense articles and defense 

6 services. 

7 (3) The Arms Export Control Act (22 U.S.C. 

8 2751 et seq.) represents a delegation to the execu9 tive branch of the constitutional power of Congress 

10 to regulate commerce with foreign nations. 

11 (4) Agreements to gain exemption from the 

12 International Traffic in Arms Regulations must be 

13 submitted to Congress for review. 

14 SEC. 103. DEFINITION OF INTERNATIONAL TRAFFIC IN 

15 ARMS REGULATIONS. 

16 In this title, the term ‘‘International Traffic in Arms 

17 Regulations’’ means the regulations maintained under sec18 tions 120 through 130 of title 22, Code of Federal Regula19 tions, or any successor regulations. 

20 SEC. 104. EXCEPTIONS TO BILATERAL AGREEMENT RE21 QUIREMENTS FOR AUSTRALIA AND THE 

22 UNITED KINGDOM. 

23 (a) EXCEPTIONS.—Subsection (j) of section 38 of the 

24 Arms Export Control Act (22 U.S.C. 2778) is amended—
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1 (1) by redesignating paragraph (4) as para2 graph (5); and 

3 (2) by inserting after paragraph (3) the fol4 lowing new paragraph (4): 

5 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE6 MENT REQUIREMENTS.—

7 ‘‘(A) AUSTRALIA.—Subject to the provi8 sions of the Defense Trade Cooperation Act of 

9 2003, the requirements for a bilateral agree10 ment described in paragraph (2)(A) shall not 

11 apply to such a bilateral agreement between the 

12 United States Government and the Government 

13 of Australia with respect to transfers or 

14 changes in end use within Australia of defense 

15 items that will remain subject to the licensing 

16 requirements of this Act after such agreement 

17 enters into force. 

18 ‘‘(B) UNITED KINGDOM.—Subject to the 

19 provisions of the Defense Trade Cooperation 

20 Act of 2003, the requirements for a bilateral 

21 agreement described in paragraphs (1)(A)(ii), 

22 (2)(A)(i), and (2)(A)(ii) shall not apply to such 

23 a bilateral agreement between the United 

24 States Government and the Government of the 
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1 United Kingdom for an exemption from the li2 censing requirements of this Act.’’. 

3 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

4 such subsection is amended in the matter preceding sub5 paragraph (A) by striking ‘‘A bilateral agreement’’ and

6 inserting ‘‘Except as provided in paragraph (4), a bilateral 

7 agreement’’. 

8 SEC. 105. CERTIFICATIONS FOR THE UNITED KINGDOM 

9 AND AUSTRALIA. 

10 Not later than 30 days before authorizing an exemp11 tion from the licensing requirements of the International 

12 Traffic in Arms Regulations in accordance with any bilat13 eral agreement entered into with the United Kingdom or 

14 Australia under section 38(j) of the Arms Export Control 

15 Act (22 U.S.C. 2778(j)), as amended by section 104 of 

16 this Act, the President shall certify to the appropriate con17 gressional committees that such agreement—

18 (1) is in the national interest of the United 

19 States and will not in any way affect the goals and 

20 policy of the United States as outlined in section 1 

21 of the Arms Export Control Act (22 U.S.C. 2751); 

22 (2) does not adversely affect the ability of the 

23 International Traffic in Arms Regulations to provide 

24 consistent and adequate controls for licensed exports 

25 of United States defense items; and 
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1 (3) will not adversely affect the duties or re2 quirements of the Secretary under the Arms Export 

3 Control Act. 

4 SEC. 106. NOTIFICATION OF REGULATIONS PERMITTING

5 BILATERAL LICENSING EXEMPTIONS. 

6 Not later than 30 days before authorizing an exemp7 tion from the licensing requirements of the International 

8 Traffic in Arms Regulations in accordance with any bilat9 eral agreement entered into with the United Kingdom or 

10 Australia under section 38(j) of the Arms Export Control 

11 Act (22 U.S.C. 2778(j)), as amended by section 104 of 

12 this Act, the President shall submit to the appropriate 

13 congressional committees the text of the regulations that 

14 authorize such a licensing exemption. 

15 SEC. 107. REPORT ON ISSUES RAISED IN CONSULTATIONS 

16 PURSUANT TO BILATERAL AGREEMENTS 

17 WITH AUSTRALIA AND THE UNITED

18 KINGDOM. 

19 Not later than one year after the date of the enact20 ment of this Act and annually thereafter for each of the 

21 following 5 years, the President shall submit to the appro22 priate congressional committees a report on issues raised 

23 during the previous year in consultations conducted under 

24 the terms of any bilateral agreement with Australia, or 

25 under the terms of any bilateral agreement with the 
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1 United Kingdom, for exemption from the licensing re2 quirements of the Arms Export Control Act (22 U.S.C. 

3 2751 et seq.). Each report shall contain detailed informa4 tion—

5 (1) on any notifications or consultations be6 tween the United States and the United Kingdom 

7 under the terms of any agreement with the United 

8 Kingdom, or between the United States and Aus9 tralia under the terms of any agreement with Aus10 tralia, concerning the modification, deletion, or addi11 tion of defense items on the United States Munitions 

12 List, the United Kingdom Military List, or the Aus13 tralian Defense and Strategic Goods List; 

14 (2) listing all United Kingdom or Australia per15 sons and entities that have been designated as quali16 fied persons eligible to receive United States origin 

17 defense items exempt from the licensing require18 ments of the Arms Export Control Act under the 

19 terms of such agreements, and listing any modifica20 tion, deletion, or addition to such lists, pursuant to 

21 the requirements of any agreement with the United 

22 Kingdom or any agreement with Australia; 

23 (3) on consultations or steps taken pursuant to 

24 any agreement with the United Kingdom or any 

25 agreement with Australia concerning cooperation 
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1 and consultations with either government on the ef2 fectiveness of the defense trade control systems of 

3 such government; 

4 (4) on provisions and procedures undertaken 

5 pursuant to—

6 (A) any agreement with the United King7 dom with respect to the handling of United 

8 States origin defense items exempt from the li9 censing requirements of the Arms Export Con10 trol Act by persons and entities qualified to re11 ceive such items in the United Kingdom; and 

12 (B) any agreement with Australia with re13 spect to the handling of United States origin 

14 defense items exempt from the licensing re15 quirements of the Arms Export Control Act by 

16 persons and entities qualified to receive such 

17 items in Australia; 

18 (5) on any new understandings, including the 

19 text of such understandings, between the United 

20 States and the United Kingdom concerning re21 transfer of United States origin defense items made 

22 pursuant to any agreement with the United King23 dom to gain exemption from the licensing require24 ments of the Arms Export Control Act; 
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1 (6) on consultations with the Government of the 

2 United Kingdom or the Government of Australia 

3 concerning the legal enforcement of any such agree4 ments; 

5 (7) on United States origin defense items with 

6 respect to which the United States has provided an 

7 exception under the Memorandum of Understanding 

8 between the United States and the United Kingdom 

9 and any agreement between the United States and 

10 Australia from the requirement for United States 

11 Government re-export consent that was not provided 

12 for under United States laws and regulations in ef13 fect on the date of the enactment of this Act; and 

14 (8) on any significant concerns that have arisen 

15 between the Government of Australia or the Govern16 ment of the United Kingdom and the United States 

17 Government concerning any aspect of any bilateral 

18 agreement between such country and the United 

19 States to gain exemption from the licensing require20 ments of the Arms Export Control Act. 

21 SEC. 108. SPECIAL REPORTS ON UNAUTHORIZED END-USE 

22 OR DIVERSION. 

23 The Secretary shall notify the appropriate congres24 sional committees, in a manner consistent with ongoing 

25 efforts to investigate and bring civil or criminal charges 
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1 regarding such matters, not later than 90 days after re2 ceiving any credible information regarding the unauthor3 ized end-use or diversion of United States exports made 

4 pursuant to any agreement with a country to gain exemp5 tion from the licensing requirements of the Arms Export 

6 Control Act. Such notification may be made in classified 

7 or unclassified form and shall include—

8 (1) a description of the good or service; 

9 (2) the United States origin of the good or 

10 service; 

11 (3) the authorized recipient of the good or serv12 ice; 

13 (4) a detailed description of the unauthorized 

14 end-use or diversion of the good or service, including 

15 any knowledge by the United States exporter of such 

16 unauthorized end-use or diversion; 

17 (5) any enforcement action taken by the Gov18 ernment of the United States; and 

19 (6) any enforcement action taken by the gov20 ernment of the recipient nation. 

21 TITLE II—RADIOLOGICAL TER22 RORISM THREAT REDUCTION 

23 SEC. 201. SHORT TITLE. 

24 This title may be cited as the ‘‘Radiological Ter25 rorism Threat Reduction Act of 2003’’. 
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1 SEC. 202. FINDINGS. 

2 Congress makes the following findings: 

3 (1) It is feasible for terrorists to obtain and dis4 seminate radioactive material by using a radiological

5 dispersion device (RDD) or by emplacing discrete 

6 radioactive sources in major public places. 

7 (2) An attack made in the United States or 

8 against United States interests by terrorists using 

9 radiological material could cause catastrophic eco10 nomic and social damage, although it might kill few, 

11 if any, Americans. 

12 (3) The first line of defense against radiological 

13 terrorism is preventing the acquisition of radioactive 

14 material by terrorists. 

15 SEC. 203. DEFINITIONS. 

16 In this title: 

17 (1) BYPRODUCT MATERIAL.—The term ‘‘by18 product material’’ has the meaning given the term in 

19 section 11 e. of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2014(e)). 

21 (2) IAEA.—The term ‘‘IAEA’’ means the 

22 International Atomic Energy Agency. 

23 (3) INDEPENDENT STATES OF THE FORMER SO24 VIET UNION.—The term ‘‘independent states of the 

25 former Soviet Union’’ has the meaning given the 
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1 term in section 3 of the FREEDOM Support Act 

2 (22 U.S.C. 5801). 

3 (4) RADIOACTIVE MATERIAL.—The term ‘‘ra4 dioactive material’’ means—

5 (A) source material and special nuclear 

6 material, but does not include natural or de7 pleted uranium; 

8 (B) nuclear byproduct material; 

9 (C) material made radioactive by bombard10 ment in an accelerator; and 

11 (D) all refined isotopes of radium. 

12 (5) RADIOACTIVE SOURCE.—The term ‘‘radio13 active source’’ means radioactive material that is 

14 permanently sealed in a capsule or closely bonded 

15 and includes any radioactive material released if the 

16 source is leaking or stolen, but does not include any 

17 material within the nuclear fuel cycle of a research 

18 or power reactor. 

19 (6) RADIOISOTOPE THERMAL GENERATOR.—

20 The term ‘‘radioisotope thermal generator’’ means 

21 an electrical generator which derives its power from 

22 the heat produced by the decay of a radioactive 

23 source by the emission of alpha, beta, or gamma ra24 diation. The term does not include nuclear reactors 
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1 deriving their energy from the fission or fusion of 

2 atomic nuclei. 

3 (7) SOURCE MATERIAL.—The term ‘‘source ma4 terial’’ has the meaning given the term in section 11 

5 z. of the Atomic Energy Act of 1954 (42 U.S.C. 

6 2014(z)). 

7 (8) SPECIAL NUCLEAR MATERIAL.—The term 

8 ‘‘special nuclear material’’ has the meaning given 

9 the term in section 11 aa. of the Atomic Energy Act 

10 of 1954 (42 U.S.C. 2014(aa)). 

11 SEC. 204. INTERNATIONAL STORAGE FACILITIES FOR RA12 DIOACTIVE SOURCES. 

13 (a) AGREEMENTS ON TEMPORARY SECURE STOR14 AGE.—The Secretary is authorized to propose that the 

15 IAEA conclude agreements with up to 8 countries under 

16 which agreement each country would provide temporary 

17 secure storage for orphaned, unused, surplus, or other ra18 dioactive sources (other than special nuclear material, nu19 clear fuel, or spent nuclear fuel). Such agreements shall 

20 be consistent with the IAEA Code of Conduct on the Safe21 ty and Security of Radioactive Sources, and shall address 

22 the need for storage of such radioactive sources in coun23 tries or regions of the world where convenient access to 

24 secure storage of such radioactive sources does not exist. 
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1 (b) VOLUNTARY CONTRIBUTIONS TO IAEA AUTHOR2 IZED.—

3 (1) IN GENERAL.—The Secretary is authorized 

4 to make voluntary contributions to the IAEA for use 

5 by the Department of Nuclear Safety of the IAEA 

6 to fund the United States share of the costs of ac7 tivities associated with or under agreements under 

8 subsection (a). 

9 (2) UNITED STATES SHARE IN FISCAL YEAR

10 2004.—The United States share of the costs of ac11 tivities under agreements under subsection (a) in fis12 cal year 2004 may be 100 percent of the costs of 

13 such activities in that fiscal year. 

14 (c) TECHNICAL ASSISTANCE.—The Secretary is au15 thorized to provide the IAEA and other countries with 

16 technical assistance to carry out activities under agree17 ments under subsection (a) in a manner that meets the 

18 standards of the IAEA Code of Conduct on the Safety 

19 and Security of Radioactive Sources. 

20 (d) APPLICABILITY OF ENVIRONMENTAL LAWS.—

21 (1) INAPPLICABILITY OF NEPA TO FACILITIES

22 OUTSIDE UNITED STATES.—The National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

24 shall not apply with respect to any temporary secure 
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1 storage facility constructed outside the United 

2 States under an agreement under subsection (a). 

3 (2) APPLICABILITY OF FOREIGN ENVIRON4 MENTAL LAWS.—The construction and operation of 

5 a facility described in paragraph (1) shall be gov6 erned by any applicable environmental laws of the 

7 country in which the facility is constructed. 

8 SEC. 205. DISCOVERY, INVENTORY, AND RECOVERY OF RA9 DIOACTIVE SOURCES. 

10 (a) AUTHORITY.—The Secretary is authorized to pro11 vide assistance, including through voluntary contributions 

12 to the IAEA under subsection (b), to support a program 

13 of the Division of Radiation and Waste Safety of the De14 partment of Nuclear Safety of the IAEA to promote the 

15 discovery, inventory, and recovery of radioactive sources 

16 in member nations of the IAEA. 

17 (b) VOLUNTARY CONTRIBUTIONS TO IAEA AUTHOR18 IZED.—The Secretary is authorized to make voluntary 

19 contributions to the IAEA to fund the United States share 

20 of the program described in subsection (a). 

21 (c) TECHNICAL ASSISTANCE.—The Secretary is au22 thorized to provide the IAEA and other countries with 

23 technical assistance to carry out the program described 

24 in subsection (a). 
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1 SEC. 206. RADIOISOTOPE THERMAL GENERATOR POWER 

2 UNITS IN THE INDEPENDENT STATES OF THE 

3 FORMER SOVIET UNION. 

4 (a) SUBSTITUTION WITH OTHER POWER UNITS.—

5 (1) IN GENERAL.—The Secretary is authorized 

6 to assist the Government of the Russian Federation

7 to substitute solar (or other non-nuclear) power 

8 sources for radioisotope thermal power units oper9 ated by the Russian Federation and other inde10 pendent states of the former Soviet Union in appli11 cations such as lighthouses in the Arctic, remote 

12 weather stations, and for providing electricity in re13 mote locations. 

14 (2) TECHNOLOGY REQUIREMENT.—Any power 

15 unit utilized as a substitute power unit under para16 graph (1) shall, to the maximum extent practicable, 

17 be based upon tested technologies that have operated 

18 for at least one full year in the environment where 

19 the substitute power unit will be used. 

20 (b) CONSULTATION.—The Secretary shall consult 

21 with the Secretary of Energy to ensure that substitute 

22 power sources provided under this section are for facilities 

23 from which the radioisotope thermal generator power units 

24 have been or are being removed. 

25 (c) ACTIVITIES OUTSIDE FORMER SOVIET UNION.—

26 The Secretary may use not more than 20 percent of the 
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1 funds available for carrying out this section in any fiscal 

2 year to replace dangerous radioisotope thermal power fa3 cilities that are similar to the facilities described in sub4 section (a) in countries other than the independent states 

5 of the former Soviet Union. 

6 SEC. 207. FOREIGN FIRST RESPONDERS. 

7 (a) IN GENERAL.—The Secretary is authorized to as8 sist foreign countries, or to propose that the IAEA assist 

9 foreign countries, in the development of appropriate na10 tional response plans and the training of first responders 

11 to—

12 (1) detect, identify, and characterize radioactive 

13 material; 

14 (2) understand the hazards posed by radioactive 

15 contamination; 

16 (3) understand the risks encountered at various 

17 dose rates; 

18 (4) enter contaminated areas safely and speed19 ily; and 

20 (5) evacuate persons within a contaminated 

21 area. 

22 (b) CONSIDERATIONS.—In carrying out activities 

23 under subsection (a), the Secretary shall take into account 

24 the findings of the threat assessment report required by 
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1 section 208 and the location of any storage facilities for 

2 radioactive sources described in section 204.

3 SEC. 208. THREAT ASSESSMENT REPORTS. 

4 (a) REPORTS REQUIRED.—The Secretary shall, at 

5 the times specified in subsection (c), submit to the appro6 priate congressional committees a report—

7 (1) detailing the preparations made at United 

8 States diplomatic missions abroad to detect and 

9 mitigate a radiological attack on United States mis10 sions and other United States facilities under the 

11 control of the Secretary; 

12 (2) setting forth a rank-ordered list of the Sec13 retary’s priorities for improving radiological security 

14 and consequence management at United States mis15 sions; and 

16 (3) providing a rank-ordered list of the missions 

17 where such improvement is most important. 

18 (b) BUDGET REQUEST.—Each report under sub19 section (a) shall also include a proposed budget to carry 

20 out the improvements listed in such report pursuant to 

21 subsection (a)(2). 

22 (c) TIMING.—

23 (1) FIRST REPORT.—The first report under 

24 subsection (a) shall be submitted not later than 180 

25 days after the date of the enactment of this Act. 
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1 (2) SUBSEQUENT REPORTS.—Subsequent re2 ports under subsection (a) shall be submitted with 

3 the budget justification materials submitted by the 

4 Secretary to Congress in support of the budget of 

5 the President for the fiscal year (as submitted under 

6 section 1105(a) of title 31, United States Code) for 

7 each fiscal year after fiscal year 2005. 

8 (d) FORM.—Each report shall be submitted in un9 classified form, but may include a classified annex. 

10 SEC. 209. AVAILABILITY OF FUNDS. 

11 (a) IN GENERAL.—Of the funds appropriated to the 

12 Department of State for fiscal year 2004, up to 

13 $15,000,000 may be used to carry out this title. 

14 (b) ALLOCATION OF FUNDS.—Of the amounts made 

15 available under subsection (a)—

16 (1) $4,000,000 may be used to carry out sec17 tion 204; 

18 (2) $4,000,000 may be used to carry out sec19 tion 205; 

20 (3) $5,000,000 may be used to carry out sec21 tion 206; and 

22 (4) $2,000,000 may be used to carry out sec23 tion 207. 
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1 TITLE III—GLOBAL PATHOGEN 

2 SURVEILLANCE 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Global Pathogen Sur5 veillance Act of 2003’’. 

6 SEC. 302. FINDINGS; PURPOSES. 

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

9 (1) Bioterrorism poses a grave national security 

10 threat to the United States. The insidious nature of 

11 the threat, the likely delayed recognition in the event 

12 of an attack, and the underpreparedness of the do13 mestic public health infrastructure may produce cat14 astrophic consequences following a biological weap15 ons attack upon the United States. 

16 (2) A contagious pathogen engineered as a bio17 logical weapon and developed, tested, produced, or 

18 released in another country can quickly spread to 

19 the United States. Given the realities of inter20 national travel, trade, and migration patterns, a 

21 dangerous pathogen released anywhere in the world 

22 can spread to United States territory in a matter of 

23 days, before any effective quarantine or isolation 

24 measures can be implemented. 
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1 (3) To effectively combat bioterrorism and en2 sure that the United States is fully prepared to pre3 vent, diagnose, and contain a biological weapons at4 tack, measures to strengthen the domestic public 

5 health infrastructure and improve domestic surveil6 lance and monitoring, while absolutely essential, are 

7 not sufficient.

8 (4) The United States should enhance coopera9 tion with the World Health Organization, regional 

10 health organizations, and individual countries, in11 cluding data sharing with appropriate United States 

12 departments and agencies, to help detect and quickly 

13 contain infectious disease outbreaks or bioterrorism 

14 agents before they can spread. 

15 (5) The World Health Organization has done 

16 an impressive job in monitoring infectious disease 

17 outbreaks around the world, including the recent 

18 emergence of the Severe Acute Respiratory Syn19 drome (SARS) epidemic, particularly with the estab20 lishment in April 2000 of the Global Outbreak Alert 

21 and Response network. 

22 (6) The capabilities of the World Health Orga23 nization are inherently limited by the quality of the 

24 data and information it receives from member coun25 tries, the narrow range of diseases (plague, cholera, 
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1 and yellow fever) upon which its disease surveillance 

2 and monitoring is based, and the consensus process 

3 it uses to add new diseases to the list. Developing 

4 countries in particular often cannot devote the nec5 essary resources to build and maintain public health 

6 infrastructures. 

7 (7) In particular, developing countries could 

8 benefit from—

9 (A) better trained public health profes10 sionals and epidemiologists to recognize disease 

11 patterns; 

12 (B) appropriate laboratory equipment for 

13 diagnosis of pathogens; 

14 (C) disease reporting that is based on 

15 symptoms and signs (known as ‘‘syndrome sur16 veillance’’) and affords the earliest possible op17 portunity to conduct an effective response; 

18 (D) a narrowing of the existing technology 

19 gap in syndrome surveillance capabilities and 

20 real-time information dissemination to public 

21 health officials; and 

22 (E) appropriate communications equip23 ment and information technology to efficiently 

24 transmit information and data within national 

25 and regional health networks, including inex-
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1 pensive, Internet-based Geographic Information 

2 Systems (GIS) and relevant telephone-based 

3 systems for early recognition and diagnosis of 

4 diseases. 

5 (8) An effective international capability to mon6 itor and quickly diagnose infectious disease out7 breaks will offer dividends not only in the event of 

8 biological weapons development, testing, production, 

9 and attack, but also in the more likely cases of natu10 rally occurring infectious disease outbreaks that 

11 could threaten the United States. Furthermore, a 

12 robust surveillance system will serve to deter ter13 rorist use of biological weapons, as early detection 

14 will help mitigate the intended effects of such malev15 olent uses. 

16 (b) PURPOSE.—The purposes of this title are as fol17 lows: 

18 (1) To enhance the capability and cooperation 

19 of the international community, including the World 

20 Health Organization and individual countries, 

21 through enhanced pathogen surveillance and appro22 priate data sharing, to detect, identify, and contain 

23 infectious disease outbreaks, whether the cause of 

24 those outbreaks is intentional human action or nat25 ural in origin. 
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1 (2) To enhance the training of public health 

2 professionals and epidemiologists from eligible devel3 oping countries in advanced Internet-based and 

4 other electronic syndrome surveillance systems, in 

5 addition to traditional epidemiology methods, so that 

6 they may better detect, diagnose, and contain infec7 tious disease outbreaks, especially those due to 

8 pathogens most likely to be used in a biological 

9 weapons attack. 

10 (3) To provide assistance to developing coun11 tries to purchase appropriate public health labora12 tory equipment necessary for infectious disease sur13 veillance and diagnosis. 

14 (4) To provide assistance to developing coun15 tries to purchase appropriate communications equip16 ment and information technology, including, as ap17 propriate, relevant computer equipment, Internet 

18 connectivity mechanisms, and telephone-based appli19 cations to effectively gather, analyze, and transmit 

20 public health information for infectious disease sur21 veillance and diagnosis. 

22 (5) To make available greater numbers of 

23 United States Government public health profes24 sionals to international health organizations, re-
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1 gional health networks, and United States diplo2 matic missions where appropriate. 

3 (6) To establish ‘‘lab-to-lab’’ cooperative rela4 tionships between United States public health lab5 oratories and established foreign counterparts. 

6 (7) To expand the training and outreach activi7 ties of overseas United States laboratories, including 

8 Centers for Disease Control and Prevention and De9 partment of Defense entities, to enhance the disease 

10 surveillance capabilities of developing countries. 

11 (8) To provide appropriate technical assistance 

12 to existing regional health networks and, where ap13 propriate, seed money for new regional networks. 

14 SEC. 303. DEFINITIONS. 

15 In this title: 

16 (1) BIOLOGICAL WEAPONS CONVENTION.—The 

17 term ‘‘Biological Weapons Convention’’ means the 

18 Convention on the Prohibition of the Development, 

19 Production and Stockpiling of Bacteriological (Bio20 logical) and Toxin Weapons and on Their Destruc21 tion, signed at Washington, London, and Moscow 

22 April 10, 1972. 

23 (2) ELIGIBLE DEVELOPING COUNTRY.—The 

24 term ‘‘eligible developing country’’ means any devel25 oping country that—
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1 (A) has agreed to the objective of fully 

2 complying with requirements of the World 

3 Health Organization on reporting public health 

4 information on outbreaks of infectious diseases; 

5 (B) has not been determined by the Sec6 retary, for purposes of section 40 of the Arms 

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

8 620A of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2371), or section 6(j) of the Export 

10 Administration Act of 1979 (50 U.S.C. App. 

11 2405), to have repeatedly provided support for 

12 acts of international terrorism, unless the Sec13 retary exercises a waiver certifying that it is in 

14 the national interest of the United States to 

15 provide assistance under the provisions of this 

16 Act; 

17 (C) is a state party to the Biological 

18 Weapons Convention; and 

19 (D) is determined by the United States 

20 Government not to have an offensive biological 

21 weapons program. 

22 (3) ELIGIBLE NATIONAL.—The term ‘‘eligible 

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

24 developing country who— 
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1 (A) is eligible to receive a visa under the 

2 provisions of the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.); and 

4 (B) is not currently or previously affiliated 

5 with or employed by a laboratory or entity de6 termined by the United States Government to 

7 be involved in offensive biological weapons ac8 tivities. 

9 (4) INTERNATIONAL HEALTH ORGANIZATION.—

10 The term ‘‘international health organization’’ in11 cludes the World Health Organization and the Pan 

12 American Health Organization. 

13 (5) LABORATORY.—The term ‘‘laboratory’’ 

14 means a facility for the biological, microbiological, 

15 serological, chemical, immuno-hematological, 

16 hematological, biophysical, cytological, pathological, 

17 or other examination of materials derived from the 

18 human body for the purpose of providing informa19 tion for the diagnosis, prevention, or treatment of 

20 any disease or impairment of, or the assessment of 

21 the health of, human beings. 

22 (6) SELECT AGENT.—The term ‘‘select agent’’ 

23 has the meaning applied in the administration of 

24 section 72.6 of title 42, Code of Federal Regula25 tions. 
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1 (7) SYNDROME SURVEILLANCE.—The term 

2 ‘‘syndrome surveillance’’ means the recording of 

3 symptoms (patient complaints) and signs (derived 

4 from physical examination) combined with simple ge5 ographic locators to track the emergence of a disease 

6 in a population. 

7 SEC. 304. PRIORITY FOR CERTAIN COUNTRIES. 

8 Priority in the provision of United States assistance 

9 for eligible developing countries under all the provisions 

10 of this title shall be given to those countries that permit 

11 personnel from the World Health Organization and the 

12 Centers for Disease Control and Prevention to investigate 

13 outbreaks of infectious diseases on their territories, pro14 vide early notification of disease outbreaks, and provide 

15 pathogen surveillance data to appropriate United States 

16 departments and agencies in addition to international 

17 health organizations. 

18 SEC. 305. RESTRICTION. 

19 Notwithstanding any other provision of this title, no 

20 foreign national participating in programs authorized 

21 under this title shall have access, during the course of such 

22 participation, to select agents that may be used as, or in, 

23 a biological weapon, except in a supervised and controlled 

24 setting. 
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1 SEC. 306. FELLOWSHIP PROGRAM. 

2 (a) ESTABLISHMENT.—There is established a fellow3 ship program (hereafter in this section referred to as the 

4 ‘‘program’’) under which the Secretary, in consultation 

5 with the Secretary of Health and Human Services and 

6 subject to the availability of appropriations, shall award 

7 fellowships to eligible nationals to pursue public health 

8 education or training, as follows: 

9 (1) MASTER OF PUBLIC HEALTH DEGREE.—

10 Graduate courses of study leading to a master of 

11 public health degree with a concentration in epidemi12 ology from an institution of higher education in the 

13 United States with a Center for Public Health Pre14 paredness, as determined by the Centers for Disease 

15 Control and Prevention. 

16 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

17 TRAINING.—Advanced public health training in epi18 demiology to be carried out at the Centers for Dis19 ease Control and Prevention (or equivalent State fa20 cility), or other Federal facility (excluding the De21 partment of Defense or United States National Lab22 oratories), for a period of not less than 6 months or 

23 more than 12 months. 

24 (b) SPECIALIZATION IN BIOTERRORISM.—In addition 

25 to the education or training specified in subsection (a), 

26 each recipient of a fellowship under this section (hereafter 
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1 in this section referred to as a ‘‘fellow’’) may take courses 

2 of study at the Centers for Disease Control and Preven3 tion or at an equivalent facility on diagnosis and contain4 ment of likely bioterrorism agents. 

5 (c) FELLOWSHIP AGREEMENT.—

6 (1) IN GENERAL.—In awarding a fellowship 

7 under the program, the Secretary, in consultation 

8 with the Secretary of Health and Human Services, 

9 shall require the recipient to enter into an agree10 ment under which, in exchange for such assistance, 

11 the recipient—

12 (A) will maintain satisfactory academic 

13 progress (as determined in accordance with reg14 ulations issued by the Secretary and confirmed 

15 in regularly scheduled updates to the Secretary 

16 from the institution providing the education or 

17 training on the progress of the recipient’s edu18 cation or training); 

19 (B) will, upon completion of such edu20 cation or training, return to the recipient’s 

21 country of nationality or last habitual residence 

22 (if it is an eligible developing country) and com23 plete at least four years of employment in a 

24 public health position in the government or a 

25 nongovernmental, not-for-profit entity in that 
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1 country or, with the approval of the Secretary, 

2 complete part or all of this requirement through 

3 service with an international health organiza4 tion without geographic restriction; and 

5 (C) agrees that, if the recipient is unable 

6 to meet the requirements described in subpara7 graph (A) or (B), the recipient will reimburse

8 the United States for the value of the assist9 ance provided to the recipient under the fellow10 ship, together with interest at a rate deter11 mined in accordance with regulations issued by 

12 the Secretary but not higher than the rate gen13 erally applied in connection with other Federal 

14 loans. 

15 (2) WAIVER AUTHORITY.—The Secretary may 

16 waive the application of subparagraphs (B) and (C) 

17 of paragraph (1) if the Secretary determines that it 

18 is in the national interest of the United States to do 

19 so. 

20 (d) IMPLEMENTATION.—The Secretary, in consulta21 tion with the Secretary of Health and Human Services, 

22 is authorized to enter into an agreement with any eligible 

23 developing country under which the country agrees—
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1 (1) to establish a procedure for the nomination 

2 of eligible nationals for fellowships under this sec3 tion; 

4 (2) to guarantee that a fellow will be offered a 

5 professional public health position within the country 

6 upon completion of his studies; and 

7 (3) to certify to the Secretary when a fellow has 

8 concluded the minimum period of employment in a 

9 public health position required by the fellowship 

10 agreement, with an explanation of how the require11 ment was met. 

12 (e) PARTICIPATION OF UNITED STATES CITIZENS.—

13 On a case-by-case basis, the Secretary may provide for the 

14 participation of United States citizens under the provi15 sions of this section if the Secretary determines that it 

16 is in the national interest of the United States to do so. 

17 Upon completion of education or training as a fellow under 

18 this section, a United States citizen shall complete at least 

19 5 years of employment in a public health position in an 

20 eligible developing country or an international health orga21 nization. 

22 SEC. 307. IN-COUNTRY TRAINING IN LABORATORY TECH23 NIQUES AND SYNDROME SURVEILLANCE. 

24 (a) IN GENERAL.—In conjunction with the Centers 

25 for Disease Control and Prevention and the Department 
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1 of Defense, the Secretary shall, subject to the availability 

2 of appropriations, support short training courses in-coun3 try (not in the United States) for laboratory technicians 

4 and other public health personnel from eligible developing 

5 countries in laboratory techniques relating to the identi6 fication, diagnosis, and tracking of pathogens responsible 

7 for possible infectious disease outbreaks. Training under 

8 this section may be conducted in overseas facilities of the 

9 Centers for Disease Control and Prevention or in Overseas 

10 Medical Research Units of the Department of Defense, as 

11 appropriate. The Secretary shall coordinate such training 

12 courses, where appropriate, with the existing programs 

13 and activities of the World Health Organization. 

14 (b) TRAINING IN SYNDROME SURVEILLANCE.—In 

15 conjunction with the Centers for Disease Control and Pre16 vention and the Department of Defense, the Secretary 

17 shall, subject to the availability of appropriations, estab18 lish and support short training courses in-country (not in 

19 the United States) for public health personnel from eligi20 ble developing countries in techniques of syndrome surveil21 lance reporting and rapid analysis of syndrome informa22 tion using Geographic Information System (GIS) and 

23 other Internet-based tools. Training under this subsection 

24 may be conducted via the Internet or in appropriate facili25 ties as determined by the Secretary. The Secretary shall 
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1 coordinate such training courses, where appropriate, with 

2 the existing programs and activities of the World Health 

3 Organization. 

4 SEC. 308. ASSISTANCE FOR THE PURCHASE AND MAINTE5 NANCE OF PUBLIC HEALTH LABORATORY 

6 EQUIPMENT. 

7 (a) AUTHORIZATION.—The President is authorized, 

8 on such terms and conditions as the President may deter9 mine, to furnish assistance to eligible developing countries 

10 to purchase and maintain public health laboratory equip11 ment described in subsection (b). 

12 (b) EQUIPMENT COVERED.—Equipment described in 

13 this subsection is equipment that is—

14 (1) appropriate, where possible, for use in the 

15 intended geographic area; 

16 (2) necessary to collect, analyze, and identify 

17 expeditiously a broad array of pathogens, including 

18 mutant strains, which may cause disease outbreaks 

19 or may be used as a biological weapon; 

20 (3) compatible with general standards set forth, 

21 as appropriate, by the World Health Organization 

22 and the Centers for Disease Control and Prevention, 

23 to ensure interoperability with regional and inter24 national public health networks; 
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1 (4) necessary to secure and monitor pathogen 

2 collections containing select agents; and 

3 (5) not defense articles or defense services. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to exempt the exporting of goods 

6 and technology from compliance with applicable provisions 

7 of the Export Administration Act of 1979 (50 U.S.C. App. 

8 2401 et seq.) (or successor statutes). 

9 (d) LIMITATION.—Funds made available to carry out 

10 this section shall not be made available for the purchase 

11 from a foreign country of equipment that, if made in the 

12 United States, would be subject to the Arms Export Con13 trol Act (22 U.S.C. 2751 et seq.) or likely be barred or 

14 subject to special conditions under the Export Administra15 tion Act of 1979 (50 U.S.C. App. 2401 et seq.) (or suc16 cessor statutes). 

17 (e) HOST COUNTRY’S COMMITMENTS.—The assist18 ance provided under this section shall be contingent upon 

19 the host country’s commitment to provide the resources, 

20 infrastructure, and other assets required to house, main21 tain, support, secure, monitor, and maximize use of this 

22 equipment and appropriate technical personnel. 
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1 SEC. 309. 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 for the purchase and maintenance 

8 of communications equipment and information technology 

9 described in subsection (b), and supporting equipment, 

10 necessary to effectively collect, analyze, and transmit pub11 lic health information.

12 (b) COVERED EQUIPMENT.—Equipment (and infor13 mation technology) described in this subsection is equip14 ment that—

15 (1) is suitable for use under the particular con16 ditions of the area of intended use; 

17 (2) meets appropriate World Health Organiza18 tion standards to ensure interoperability with like 

19 equipment of other countries and international 

20 health organizations; and 

21 (3) is not defense articles or defense services. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to exempt the exporting of goods 

24 and technology from compliance with applicable provisions 

25 of the Export Administration Act of 1979 (50 U.S.C. App. 

26 2401 et seq.) (or successor statutes). 
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1 (d) LIMITATION.—Funds made available to carry out 

2 this section shall not be made available for the purchase 

3 from a foreign country of equipment that, if made in the 

4 United States, would be subject to the Arms Export Con5 trol Act or likely be barred or subject to special conditions 

6 under the Export Administration Act of 1979 (50 U.S.C. 

7 App. 2401 et seq.) (or successor statutes). 

8 (e) ASSISTANCE FOR STANDARDIZATION OF REPORT9 ING.—The President is authorized to provide, on such 

10 terms and conditions as the President may determine, 

11 technical assistance and grant assistance to international 

12 health organizations to facilitate standardization in the re13 porting of public health information between and among 

14 developing countries and international health organiza15 tions. 

16 (f) HOST COUNTRY’S COMMITMENTS.—The assist17 ance provided under this section shall be contingent upon 

18 the host country’s commitment to provide the resources, 

19 infrastructure, and other assets required to house, sup20 port, maintain, secure, and maximize use of this equip21 ment and appropriate technical personnel. 
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1 SEC. 310. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO 

2 UNITED STATES MISSIONS AND INTER3 NATIONAL ORGANIZATIONS. 

4 (a) IN GENERAL.—Upon the request of a United 

5 States chief of diplomatic mission or an international 

6 health organization, and with the concurrence of the Sec7 retary, the head of a Federal agency may assign to the 

8 respective United States mission or organization any offi9 cer or employee of the agency occupying a public health 

10 position within the agency for the purpose of enhancing 

11 disease and pathogen surveillance efforts in developing 

12 countries. 

13 (b) REIMBURSEMENT.—The costs incurred by a Fed14 eral agency by reason of the detail of personnel under sub15 section (a) may be reimbursed to that agency out of the 

16 applicable appropriations account of the Department of 

17 State if the Secretary determines that the relevant agency 

18 may otherwise be unable to assign such personnel on a 

19 non-reimbursable basis. 

20 SEC. 311. EXPANSION OF CERTAIN UNITED STATES GOV21 ERNMENT LABORATORIES ABROAD. 

22 (a) IN GENERAL.—Subject to the availability of ap23 propriations, the Centers for Disease Control and Preven24 tion and the Department of Defense shall each—

25 (1) increase the number of personnel assigned 

26 to laboratories of the Centers or the Department, as 
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1 appropriate, located in eligible developing countries 

2 that conduct research and other activities with re3 spect to infectious diseases; and 

4 (2) expand the operations of those laboratories, 

5 especially with respect to the implementation of on6 site training of foreign nationals and regional out7 reach efforts involving neighboring countries. 

8 (b) COOPERATION AND COORDINATION BETWEEN

9 LABORATORIES.—Subsection (a) shall be carried out in 

10 such a manner as to foster cooperation and avoid duplica11 tion between and among laboratories. 

12 (c) RELATION TO CORE MISSIONS AND SECURITY.—

13 The expansion of the operations of overseas laboratories 

14 of the Centers or the Department under this section shall 

15 not—

16 (1) detract from the established core missions 

17 of the laboratories; or 

18 (2) compromise the security of those labora19 tories, as well as their research, equipment, exper20 tise, and materials. 
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1 SEC. 312. ASSISTANCE FOR REGIONAL HEALTH NETWORKS 

2 AND EXPANSION OF FOREIGN EPIDEMI3 OLOGY TRAINING PROGRAMS. 

4 (a) AUTHORITY.—The President is authorized, on 

5 such terms and conditions as the President may deter6 mine, to provide assistance for the purposes of—

7 (1) enhancing the surveillance and reporting ca8 pabilities of the World Health Organization and ex9 isting regional health networks; and 

10 (2) developing new regional health networks. 

11 (b) EXPANSION OF FOREIGN EPIDEMIOLOGY TRAIN12 ING PROGRAMS.—The Secretary of Health and Human 

13 Services is authorized to establish new country or regional 

14 Foreign Epidemiology Training Programs in eligible devel15 oping countries.

16 SEC. 313. AVAILABILITY OF FUNDS. 

17 (a) IN GENERAL.—Of the funds appropriated to the 

18 Department of State for fiscal year 2004, up to 

19 $35,000,000 may be used to carry out this title. 

20 (b) ALLOCATION OF FUNDS.—Of the amounts made 

21 available under subsection (a)—

22 (1) $25,000,000 may be used to carry out sec23 tions 306, 307, 308, and 309; 

24 (2) $500,000 may be used to carry out section 

25 310; 
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1 (3) $2,500,000 may be used to carry out sec2 tion 311; and 

3 (4) $7,000,000 may be used to carry out sec4 tion 312. 

5 (c) REPORTING REQUIREMENT.—Not later than 120 

6 days after the date of the enactment of this Act, the Sec7 retary shall, in conjunction with the Secretary of Health 

8 and Human Services and the Secretary of Defense, submit 

9 to the appropriate congressional committees a report con10 taining—

11 (1) a description of the implementation of pro12 grams under this title that has been undertaken or 

13 is planned; and 

14 (2) an estimate of the level of funding required 

15 to carry out those programs at a sufficient level. 

16 TITLE IV—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 401. AUTHORITY TO TRANSFER NAVAL VESSELS TO 

19 CERTAIN FOREIGN COUNTRIES. 

20 (a) AUTHORITY TO TRANSFER BY GRANT.—The 

21 President is authorized to transfer vessels to foreign coun22 tries on a grant basis under section 516 of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2321(j)) as follows: 
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1 (1) The OLIVER HAZARD PERRY class 

2 guided missile frigate USS GEORGE PHILIP 

3 (FFG 12) to the Government of Bahrain. 

4 (2) The OLIVER HAZARD PERRY class 

5 guided missile frigate USS SIDES (FFG 14) to the 

6 Government of Portugal. 

7 (b) AUTHORITY TO TRANSFER BY SALE.—The Presi8 dent is authorized to transfer the SPRUANCE class de9 stroyer FLETCHER (DD 992) to the Government of 

10 Chile on a sales basis under section 21 of the Arms Export 

11 Control Act (22 U.S.C. 2761). 

12 (c) GRANTS NOT COUNTED AGAINST AGGREGATE

13 VALUE OF TRANSFERRED EXCESS DEFENSE ARTI14 CLES.—The value of a vessel transferred to another coun15 try on a grant basis under section 516 of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2321j) pursuant to au17 thority provided by subsection (a) shall not be counted for 

18 the purposes of subsection (g) of that section in the aggre19 gate value of excess defense articles transferred to coun20 tries under that section in any fiscal year. 

21 (d) COSTS OF TRANSFERS.—Any expense incurred by 

22 the United States in connection with a transfer authorized 

23 to be made on a grant basis under subsection (a) shall 

24 be charged to the recipient (notwithstanding section 
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1 516(e)(1) of the Foreign Assistance Act of 1961 (2 U.S.C. 

2 2321j(e)(1))). 

3 (e) REPAIR AND REFURBISHMENT IN UNITED

4 STATES SHIPYARDS.—To the maximum extent prac5 ticable, the President shall require, as a condition of the 

6 transfer of a vessel under this section, that the country 

7 to which the vessel is transferred have such repair or re8 furbishment of the vessel as is needed, before the vessel 

9 joins the naval forces of that country, performed at a ship10 yard located in the United States, including a United 

11 States Navy shipyard. 

12 (f) EXPIRATION OF AUTHORITY.— The authority to 

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

14 of the 2-year period beginning on the date of the enact15 ment of this Act. 

16 SEC. 402. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS 

17 DEFENSE ARTICLES IN THE WAR RESERVE 

18 STOCKPILES FOR ALLIES TO ISRAEL. 

19 (a) TRANSFERS FOR CONCESSIONS.—

20 (1) AUTHORITY.—Notwithstanding section 514 

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

22 2321h), the President may transfer to Israel, in ex23 change for concessions to be negotiated by the Sec24 retary of Defense, with the concurrence of the Sec-
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1 retary, any or all of the items described in para2 graph (2). 

3 (2) COVERED ITEMS.—The items referred to in 

4 paragraph (1) are armor, artillery, automatic weap5 ons ammunition, missiles, and other munitions 

6 that—

7 (A) are obsolete or surplus items; 

8 (B) are in the inventory of the Department 

9 of Defense; 

10 (C) are intended for use as reserve stocks 

11 for Israel; and 

12 (D) as of the date of enactment of this 

13 Act, are located in a stockpile in Israel. 

14 (b) VALUE OF CONCESSIONS.—The value of conces15 sions negotiated pursuant to subsection (a) shall be at 

16 least equal to the fair market value of the items trans17 ferred. The concessions may include cash compensation, 

18 services, waiver of charges otherwise payable by the 

19 United States, and other items of value. 

20 (c) ADVANCE NOTIFICATION OF TRANSFERS.—Not 

21 later than 30 days before making a transfer under the 

22 authority of this section, the President shall transmit a 

23 notification of the proposed transfer to the Committees on 

24 Foreign Relations and Armed Services of the Senate and 

25 the Committees on International Relations and Armed 
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1 Services of the House of Representatives. The notification 

2 shall identify the items to be transferred and the conces3 sions to be received. 

4 (d) EXPIRATION OF AUTHORITY.—No transfer may 

5 be made under the authority of this section more than 5 

6 years after the date of the enactment of this Act.

Calendar No. 390

108TH CONGRESS 

1ST SESSION S. 1864

A BILL

To enhance the security of the United States and 

United States allies. 

NOVEMBER 17, 2003

Read the second time and placed on the calendar