II 

Calendar No. 391

108TH CONGRESS 

1ST SESSION S. 1865

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.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations 
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1 of the Senate and the Committee on International 

2 Relations of the House of Representatives. 

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

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

5 47 of the Arms Export Control Act (22 U.S.C. 

6 2794). 

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

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

9 47 of the Arms Export Control Act (22 U.S.C. 

10 2794). 

11 (4) SECRETARY.—Unless otherwise provided, 

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

13 TITLE I—DEFENSE TRADE 

14 COOPERATION 

15 SEC. 101. SHORT TITLE. 

16 This title may be cited as the ‘‘Defense Trade Co17 operation Act of 2003’’. 

18 SEC. 102. FINDINGS. 

19 Congress makes the following findings: 

20 (1) Close defense cooperation between the 

21 United States and each of the United Kingdom and 

22 Australia requires interoperability among the armed 

23 forces. 

24 (2) The need for interoperability must be bal25 anced with the need for the appropriate and effective 
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1 regulation of trade in defense articles and defense 

2 services. 

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

4 2751 et seq.) represents a delegation to the execu5 tive branch of the constitutional power of Congress 

6 to regulate commerce with foreign nations. 

7 (4) Agreements to gain exemption from the 

8 International Traffic in Arms Regulations must be 

9 submitted to Congress for review. 

10 SEC. 103. DEFINITION OF INTERNATIONAL TRAFFIC IN 

11 ARMS REGULATIONS. 

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

13 Regulations’’ means the regulations maintained under sec14 tions 120 through 130 of title 22, Code of Federal Regula15 tions, or any successor regulations. 

16 SEC. 104. EXCEPTIONS TO BILATERAL AGREEMENT RE17 QUIREMENTS FOR AUSTRALIA AND THE 

18 UNITED KINGDOM. 

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

20 Arms Export Control Act (22 U.S.C. 2778) is amended—

21 (1) by redesignating paragraph (4) as para22 graph (5); and 

23 (2) by inserting after paragraph (3) the fol24 lowing new paragraph (4): 
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1 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE2 MENT REQUIREMENTS.—

3 ‘‘(A) AUSTRALIA.—Subject to the provi4 sions of the Defense Trade Cooperation Act of 

5 2003, the requirements for a bilateral agree6 ment described in paragraph (2)(A) shall not 

7 apply to such a bilateral agreement between the 

8 United States Government and the Government 

9 of Australia with respect to transfers or 

10 changes in end use within Australia of defense 

11 items that will remain subject to the licensing 

12 requirements of this Act after such agreement 

13 enters into force. 

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

15 provisions of the Defense Trade Cooperation 

16 Act of 2003, the requirements for a bilateral 

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

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

19 a bilateral agreement between the United 

20 States Government and the Government of the 

21 United Kingdom for an exemption from the li22 censing requirements of this Act.’’. 

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

24 such subsection is amended in the matter preceding sub25 paragraph (A) by striking ‘‘A bilateral agreement’’ and 
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1 inserting ‘‘Except as provided in paragraph (4), a bilateral 

2 agreement’’.

3 SEC. 105. CERTIFICATIONS FOR THE UNITED KINGDOM 

4 AND AUSTRALIA. 

5 Not later than 30 days before authorizing an exemp6 tion from the licensing requirements of the International 

7 Traffic in Arms Regulations in accordance with any bilat8 eral agreement entered into with the United Kingdom or 

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

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

11 this Act, the President shall certify to the appropriate con12 gressional committees that such agreement—

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

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

15 policy of the United States as outlined in section 1 

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

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

18 International Traffic in Arms Regulations to provide 

19 consistent and adequate controls for licensed exports 

20 of United States defense items; and 

21 (3) will not adversely affect the duties or re22 quirements of the Secretary under the Arms Export 

23 Control Act. 
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1 SEC. 106. NOTIFICATION OF REGULATIONS PERMITTING BI2 LATERAL LICENSING EXEMPTIONS. 

3 Not later than 30 days before authorizing an exemp4 tion from the licensing requirements of the International 

5 Traffic in Arms Regulations in accordance with any bilat6 eral agreement entered into with the United Kingdom or 

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

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

9 this Act, the President shall submit to the appropriate 

10 congressional committees the text of the regulations that 

11 authorize such a licensing exemption. 

12 SEC. 107. REPORT ON ISSUES RAISED IN CONSULTATIONS 

13 PURSUANT TO BILATERAL AGREEMENTS 

14 WITH AUSTRALIA AND THE UNITED KING15 DOM. 

16 Not later than one year after the date of the enact17 ment of this Act and annually thereafter for each of the 

18 following 5 years, the President shall submit to the appro19 priate congressional committees a report on issues raised 

20 during the previous year in consultations conducted under 

21 the terms of any bilateral agreement with Australia, or 

22 under the terms of any bilateral agreement with the 

23 United Kingdom, for exemption from the licensing re24 quirements of the Arms Export Control Act (22 U.S.C. 

25 2751 et seq.). Each report shall contain detailed informa26 tion—
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1 (1) on any notifications or consultations be2 tween the United States and the United Kingdom 

3 under the terms of any agreement with the United 

4 Kingdom, or between the United States and Aus5 tralia under the terms of any agreement with Aus6 tralia, concerning the modification, deletion, or addi7 tion of defense items on the United States Munitions 

8 List, the United Kingdom Military List, or the Aus9 tralian Defense and Strategic Goods List; 

10 (2) listing all United Kingdom or Australia per11 sons and entities that have been designated as quali12 fied persons eligible to receive United States origin 

13 defense items exempt from the licensing require14 ments of the Arms Export Control Act under the 

15 terms of such agreements, and listing any modifica16 tion, deletion, or addition to such lists, pursuant to 

17 the requirements of any agreement with the United 

18 Kingdom or any agreement with Australia; 

19 (3) on consultations or steps taken pursuant to 

20 any agreement with the United Kingdom or any 

21 agreement with Australia concerning cooperation 

22 and consultations with either government on the ef23 fectiveness of the defense trade control systems of 

24 such government; 
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1 (4) on provisions and procedures undertaken 

2 pursuant to—

3 (A) any agreement with the United King4 dom with respect to the handling of United 

5 States origin defense items exempt from the li6 censing requirements of the Arms Export Con7 trol Act by persons and entities qualified to re8 ceive such items in the United Kingdom; and 

9 (B) any agreement with Australia with re10 spect to the handling of United States origin 

11 defense items exempt from the licensing re12 quirements of the Arms Export Control Act by 

13 persons and entities qualified to receive such 

14 items in Australia; 

15 (5) on any new understandings, including the 

16 text of such understandings, between the United 

17 States and the United Kingdom concerning re18 transfer of United States origin defense items made 

19 pursuant to any agreement with the United King20 dom to gain exemption from the licensing require21 ments of the Arms Export Control Act; 

22 (6) on consultations with the Government of the 

23 United Kingdom or the Government of Australia 

24 concerning the legal enforcement of any such agree25 ments; 
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1 (7) on United States origin defense items with 

2 respect to which the United States has provided an 

3 exception under the Memorandum of Understanding 

4 between the United States and the United Kingdom 

5 and any agreement between the United States and 

6 Australia from the requirement for United States 

7 Government re-export consent that was not provided 

8 for under United States laws and regulations in ef9 fect on the date of the enactment of this Act; and 

10 (8) on any significant concerns that have arisen 

11 between the Government of Australia or the Govern12 ment of the United Kingdom and the United States 

13 Government concerning any aspect of any bilateral 

14 agreement between such country and the United 

15 States to gain exemption from the licensing require16 ments of the Arms Export Control Act. 

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

18 OR DIVERSION. 

19 The Secretary shall notify the appropriate congres20 sional committees, in a manner consistent with ongoing 

21 efforts to investigate and bring civil or criminal charges 

22 regarding such matters, not later than 90 days after re23 ceiving any credible information regarding the unauthor24 ized end-use or diversion of United States exports made 

25 pursuant to any agreement with a country to gain exemp-
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1 tion from the licensing requirements of the Arms Export 

2 Control Act. Such notification may be made in classified 

3 or unclassified form and shall include—

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

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

6 service; 

7 (3) the authorized recipient of the good or serv8 ice; 

9 (4) a detailed description of the unauthorized 

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

11 any knowledge by the United States exporter of such 

12 unauthorized end-use or diversion; 

13 (5) any enforcement action taken by the Gov14 ernment of the United States; and 

15 (6) any enforcement action taken by the gov16 ernment of the recipient nation. 

17 TITLE II—RADIOLOGICAL TER18 RORISM THREAT REDUCTION 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Radiological Ter21 rorism Threat Reduction Act of 2003’’. 

22 SEC. 202. FINDINGS. 

23 Congress makes the following findings: 

24 (1) It is feasible for terrorists to obtain and dis25 seminate radioactive material by using a radiological 
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1 dispersion device (RDD) or by emplacing discrete 

2 radioactive sources in major public places. 

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

4 against United States interests by terrorists using 

5 radiological material could cause catastrophic eco6 nomic and social damage, although it might kill few, 

7 if any, Americans. 

8 (3) The first line of defense against radiological 

9 terrorism is preventing the acquisition of radioactive 

10 material by terrorists. 

11 SEC. 203. DEFINITIONS. 

12 In this title: 

13 (1) BYPRODUCT MATERIAL.—The term ‘‘by14 product material’’ has the meaning given the term in 

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

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

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

18 International Atomic Energy Agency. 

19 (3) INDEPENDENT STATES OF THE FORMER SO20 VIET UNION.—The term ‘‘independent states of the 

21 former Soviet Union’’ has the meaning given the 

22 term in section 3 of the FREEDOM Support Act 

23 (22 U.S.C. 5801). 

24 (4) RADIOACTIVE MATERIAL.—The term ‘‘ra25 dioactive material’’ means—
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1 (A) source material and special nuclear 

2 material, but does not include natural or de3 pleted uranium; 

4 (B) nuclear byproduct material; 

5 (C) material made radioactive by bombard6 ment in an accelerator; and 

7 (D) all refined isotopes of radium. 

8 (5) RADIOACTIVE SOURCE.—The term ‘‘radio9 active source’’ means radioactive material that is 

10 permanently sealed in a capsule or closely bonded 

11 and includes any radioactive material released if the 

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

13 material within the nuclear fuel cycle of a research 

14 or power reactor. 

15 (6) RADIOISOTOPE THERMAL GENERATOR.—

16 The term ‘‘radioisotope thermal generator’’ means 

17 an electrical generator which derives its power from 

18 the heat produced by the decay of a radioactive 

19 source by the emission of alpha, beta, or gamma ra20 diation. The term does not include nuclear reactors 

21 deriving their energy from the fission or fusion of 

22 atomic nuclei. 

23 (7) SOURCE MATERIAL.—The term ‘‘source ma24 terial’’ has the meaning given the term in section 11 
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1 z. of the Atomic Energy Act of 1954 (42 U.S.C. 

2 2014(z)). 

3 (8) SPECIAL NUCLEAR MATERIAL.—The term 

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

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

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

7 SEC. 204. INTERNATIONAL STORAGE FACILITIES FOR RA8 DIOACTIVE SOURCES. 

9 (a) AGREEMENTS ON TEMPORARY SECURE STOR10 AGE.—The Secretary is authorized to propose that the 

11 IAEA conclude agreements with up to 8 countries under 

12 which agreement each country would provide temporary 

13 secure storage for orphaned, unused, surplus, or other ra14 dioactive sources (other than special nuclear material, nu15 clear fuel, or spent nuclear fuel). Such agreements shall 

16 be consistent with the IAEA Code of Conduct on the Safe17 ty and Security of Radioactive Sources, and shall address 

18 the need for storage of such radioactive sources in coun19 tries or regions of the world where convenient access to 

20 secure storage of such radioactive sources does not exist. 

21 (b) VOLUNTARY CONTRIBUTIONS TO IAEA AUTHOR22 IZED.—

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

24 to make voluntary contributions to the IAEA for use 

25 by the Department of Nuclear Safety of the IAEA 
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1 to fund the United States share of the costs of ac2 tivities associated with or under agreements under 

3 subsection (a). 

4 (2) UNITED STATES SHARE IN FISCAL YEAR

5 2004.—The United States share of the costs of ac6 tivities under agreements under subsection (a) in fis7 cal year 2004 may be 100 percent of the costs of 

8 such activities in that fiscal year. 

9 (c) TECHNICAL ASSISTANCE.—The Secretary is au10 thorized to provide the IAEA and other countries with 

11 technical assistance to carry out activities under agree12 ments under subsection (a) in a manner that meets the 

13 standards of the IAEA Code of Conduct on the Safety 

14 and Security of Radioactive Sources. 

15 (d) APPLICABILITY OF ENVIRONMENTAL LAWS.—

16 (1) INAPPLICABILITY OF NEPA TO FACILITIES

17 OUTSIDE UNITED STATES.—The National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

19 shall not apply with respect to any temporary secure 

20 storage facility constructed outside the United 

21 States under an agreement under subsection (a). 

22 (2) APPLICABILITY OF FOREIGN ENVIRON23 MENTAL LAWS.—The construction and operation of 

24 a facility described in paragraph (1) shall be gov-
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1 erned by any applicable environmental laws of the 

2 country in which the facility is constructed.

3 SEC. 205. DISCOVERY, INVENTORY, AND RECOVERY OF RA4 DIOACTIVE SOURCES. 

5 (a) AUTHORITY.—The Secretary is authorized to pro6 vide assistance, including through voluntary contributions 

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

8 of the Division of Radiation and Waste Safety of the De9 partment of Nuclear Safety of the IAEA to promote the 

10 discovery, inventory, and recovery of radioactive sources 

11 in member nations of the IAEA. 

12 (b) VOLUNTARY CONTRIBUTIONS TO IAEA AUTHOR13 IZED.—The Secretary is authorized to make voluntary 

14 contributions to the IAEA to fund the United States share 

15 of the program described in subsection (a). 

16 (c) TECHNICAL ASSISTANCE.—The Secretary is au17 thorized to provide the IAEA and other countries with 

18 technical assistance to carry out the program described 

19 in subsection (a). 

20 SEC. 206. RADIOISOTOPE THERMAL GENERATOR POWER 

21 UNITS IN THE INDEPENDENT STATES OF THE 

22 FORMER SOVIET UNION. 

23 (a) SUBSTITUTION WITH OTHER POWER UNITS.—

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

25 to assist the Government of the Russian Federation 
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1 to substitute solar (or other non-nuclear) power 

2 sources for radioisotope thermal power units oper3 ated by the Russian Federation and other inde4 pendent states of the former Soviet Union in appli5 cations such as lighthouses in the Arctic, remote 

6 weather stations, and for providing electricity in re7 mote locations. 

8 (2) TECHNOLOGY REQUIREMENT.—Any power 

9 unit utilized as a substitute power unit under para10 graph (1) shall, to the maximum extent practicable, 

11 be based upon tested technologies that have operated 

12 for at least one full year in the environment where 

13 the substitute power unit will be used. 

14 (b) CONSULTATION.—The Secretary shall consult 

15 with the Secretary of Energy to ensure that substitute 

16 power sources provided under this section are for facilities 

17 from which the radioisotope thermal generator power units 

18 have been or are being removed. 

19 (c) ACTIVITIES OUTSIDE FORMER SOVIET UNION.—

20 The Secretary may use not more than 20 percent of the 

21 funds available for carrying out this section in any fiscal 

22 year to replace dangerous radioisotope thermal power fa23 cilities that are similar to the facilities described in sub24 section (a) in countries other than the independent states 

25 of the former Soviet Union. 
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1 SEC. 207. FOREIGN FIRST RESPONDERS. 

2 (a) IN GENERAL.—The Secretary is authorized to as3 sist foreign countries, or to propose that the IAEA assist 

4 foreign countries, in the development of appropriate na5 tional response plans and the training of first responders 

6 to—

7 (1) detect, identify, and characterize radioactive 

8 material; 

9 (2) understand the hazards posed by radioactive 

10 contamination; 

11 (3) understand the risks encountered at various 

12 dose rates; 

13 (4) enter contaminated areas safely and speed14 ily; and 

15 (5) evacuate persons within a contaminated 

16 area. 

17 (b) CONSIDERATIONS.—In carrying out activities 

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

19 the findings of the threat assessment report required by 

20 section 208 and the location of any storage facilities for 

21 radioactive sources described in section 204.

22 SEC. 208. THREAT ASSESSMENT REPORTS. 

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

24 the times specified in subsection (c), submit to the appro25 priate congressional committees a report—
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1 (1) detailing the preparations made at United 

2 States diplomatic missions abroad to detect and 

3 mitigate a radiological attack on United States mis4 sions and other United States facilities under the 

5 control of the Secretary; 

6 (2) setting forth a rank-ordered list of the Sec7 retary’s priorities for improving radiological security 

8 and consequence management at United States mis9 sions; and 

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

11 where such improvement is most important. 

12 (b) BUDGET REQUEST.—Each report under sub13 section (a) shall also include a proposed budget to carry 

14 out the improvements listed in such report pursuant to 

15 subsection (a)(2). 

16 (c) TIMING.—

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

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

19 days after the date of the enactment of this Act. 

20 (2) SUBSEQUENT REPORTS.—Subsequent re21 ports under subsection (a) shall be submitted with 

22 the budget justification materials submitted by the 

23 Secretary to Congress in support of the budget of 

24 the President for the fiscal year (as submitted under 
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1 section 1105(a) of title 31, United States Code) for 

2 each fiscal year after fiscal year 2005. 

3 (d) FORM.—Each report shall be submitted in un4 classified form, but may include a classified annex. 

5 SEC. 209. AVAILABILITY OF FUNDS. 

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

7 Department of State for fiscal year 2004, up to 

8 $15,000,000 may be used to carry out this title. 

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

10 available under subsection (a)—

11 (1) $4,000,000 may be used to carry out sec12 tion 204; 

13 (2) $4,000,000 may be used to carry out sec14 tion 205; 

15 (3) $5,000,000 may be used to carry out sec16 tion 206; and 

17 (4) $2,000,000 may be used to carry out sec18 tion 207. 

19 TITLE III—GLOBAL PATHOGEN 

20 SURVEILLANCE 

21 SEC. 301. SHORT TITLE. 

22 This title may be cited as the ‘‘Global Pathogen Sur23 veillance Act of 2003’’. 
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1 SEC. 302. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Bioterrorism poses a grave national security 

5 threat to the United States. The insidious nature of 

6 the threat, the likely delayed recognition in the event 

7 of an attack, and the underpreparedness of the do8 mestic public health infrastructure may produce cat9 astrophic consequences following a biological weap10 ons attack upon the United States. 

11 (2) A contagious pathogen engineered as a bio12 logical weapon and developed, tested, produced, or 

13 released in another country can quickly spread to 

14 the United States. Given the realities of inter15 national travel, trade, and migration patterns, a 

16 dangerous pathogen released anywhere in the world 

17 can spread to United States territory in a matter of 

18 days, before any effective quarantine or isolation 

19 measures can be implemented. 

20 (3) To effectively combat bioterrorism and en21 sure that the United States is fully prepared to pre22 vent, diagnose, and contain a biological weapons at23 tack, measures to strengthen the domestic public 

24 health infrastructure and improve domestic surveil25 lance and monitoring, while absolutely essential, are 

26 not sufficient. 
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1 (4) The United States should enhance coopera2 tion with the World Health Organization, regional 

3 health organizations, and individual countries, in4 cluding data sharing with appropriate United States 

5 departments and agencies, to help detect and quickly

6 contain infectious disease outbreaks or bioterrorism 

7 agents before they can spread. 

8 (5) The World Health Organization has done 

9 an impressive job in monitoring infectious disease 

10 outbreaks around the world, including the recent 

11 emergence of the Severe Acute Respiratory Syn12 drome (SARS) epidemic, particularly with the estab13 lishment in April 2000 of the Global Outbreak Alert 

14 and Response network. 

15 (6) The capabilities of the World Health Orga16 nization are inherently limited by the quality of the 

17 data and information it receives from member coun18 tries, the narrow range of diseases (plague, cholera, 

19 and yellow fever) upon which its disease surveillance 

20 and monitoring is based, and the consensus process 

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

22 countries in particular often cannot devote the nec23 essary resources to build and maintain public health 

24 infrastructures. 
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1 (7) In particular, developing countries could 

2 benefit from—

3 (A) better trained public health profes4 sionals and epidemiologists to recognize disease 

5 patterns; 

6 (B) appropriate laboratory equipment for 

7 diagnosis of pathogens; 

8 (C) disease reporting that is based on 

9 symptoms and signs (known as ‘‘syndrome sur10 veillance’’) and affords the earliest possible op11 portunity to conduct an effective response; 

12 (D) a narrowing of the existing technology 

13 gap in syndrome surveillance capabilities and 

14 real-time information dissemination to public 

15 health officials; and 

16 (E) appropriate communications equip17 ment and information technology to efficiently 

18 transmit information and data within national 

19 and regional health networks, including inex20 pensive, Internet-based Geographic Information 

21 Systems (GIS) and relevant telephone-based 

22 systems for early recognition and diagnosis of 

23 diseases. 

24 (8) An effective international capability to mon25 itor and quickly diagnose infectious disease out-
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1 breaks will offer dividends not only in the event of 

2 biological weapons development, testing, production, 

3 and attack, but also in the more likely cases of natu4 rally occurring infectious disease outbreaks that 

5 could threaten the United States. Furthermore, a 

6 robust surveillance system will serve to deter ter7 rorist use of biological weapons, as early detection 

8 will help mitigate the intended effects of such malev9 olent uses. 

10 (b) PURPOSE.—The purposes of this title are as fol11 lows: 

12 (1) To enhance the capability and cooperation 

13 of the international community, including the World 

14 Health Organization and individual countries, 

15 through enhanced pathogen surveillance and appro16 priate data sharing, to detect, identify, and contain 

17 infectious disease outbreaks, whether the cause of 

18 those outbreaks is intentional human action or nat19 ural in origin. 

20 (2) To enhance the training of public health 

21 professionals and epidemiologists from eligible devel22 oping countries in advanced Internet-based and 

23 other electronic syndrome surveillance systems, in 

24 addition to traditional epidemiology methods, so that 

25 they may better detect, diagnose, and contain infec-
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1 tious disease outbreaks, especially those due to 

2 pathogens most likely to be used in a biological 

3 weapons attack. 

4 (3) To provide assistance to developing coun5 tries to purchase appropriate public health labora6 tory equipment necessary for infectious disease sur7 veillance and diagnosis. 

8 (4) To provide assistance to developing coun9 tries to purchase appropriate communications equip10 ment and information technology, including, as ap11 propriate, relevant computer equipment, Internet 

12 connectivity mechanisms, and telephone-based appli13 cations to effectively gather, analyze, and transmit 

14 public health information for infectious disease sur15 veillance and diagnosis. 

16 (5) To make available greater numbers of 

17 United States Government public health profes18 sionals to international health organizations, re19 gional health networks, and United States diplo20 matic missions where appropriate. 

21 (6) To establish ‘‘lab-to-lab’’ cooperative rela22 tionships between United States public health lab23 oratories and established foreign counterparts. 

24 (7) To expand the training and outreach activi25 ties of overseas United States laboratories, including 
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1 Centers for Disease Control and Prevention and De2 partment of Defense entities, to enhance the disease 

3 surveillance capabilities of developing countries. 

4 (8) To provide appropriate technical assistance 

5 to existing regional health networks and, where ap6 propriate, seed money for new regional networks. 

7 SEC. 303. DEFINITIONS. 

8 In this title: 

9 (1) BIOLOGICAL WEAPONS CONVENTION.—The 

10 term ‘‘Biological Weapons Convention’’ means the 

11 Convention on the Prohibition of the Development, 

12 Production and Stockpiling of Bacteriological (Bio13 logical) and Toxin Weapons and on Their Destruc14 tion, signed at Washington, London, and Moscow 

15 April 10, 1972. 

16 (2) ELIGIBLE DEVELOPING COUNTRY.—The 

17 term ‘‘eligible developing country’’ means any devel18 oping country that—

19 (A) has agreed to the objective of fully 

20 complying with requirements of the World 

21 Health Organization on reporting public health 

22 information on outbreaks of infectious diseases; 

23 (B) has not been determined by the Sec24 retary, for purposes of section 40 of the Arms 

25 Export Control Act (22 U.S.C. 2780), section 
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1 620A of the Foreign Assistance Act of 1961 

2 (22 U.S.C. 2371), or section 6(j) of the Export 

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

4 2405), to have repeatedly provided support for 

5 acts of international terrorism, unless the Sec6 retary exercises a waiver certifying that it is in 

7 the national interest of the United States to 

8 provide assistance under the provisions of this 

9 Act; 

10 (C) is a state party to the Biological 

11 Weapons Convention; and 

12 (D) is determined by the United States 

13 Government not to have an offensive biological 

14 weapons program. 

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

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

17 developing country who— 

18 (A) is eligible to receive a visa under the 

19 provisions of the Immigration and Nationality 

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

21 (B) is not currently or previously affiliated 

22 with or employed by a laboratory or entity de23 termined by the United States Government to 

24 be involved in offensive biological weapons ac25 tivities. 
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1 (4) INTERNATIONAL HEALTH ORGANIZATION.—

2 The term ‘‘international health organization’’ in3 cludes the World Health Organization and the Pan 

4 American Health Organization. 

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

6 means a facility for the biological, microbiological, 

7 serological, chemical, immuno-hematological, 

8 hematological, biophysical, cytological, pathological, 

9 or other examination of materials derived from the 

10 human body for the purpose of providing informa11 tion for the diagnosis, prevention, or treatment of 

12 any disease or impairment of, or the assessment of 

13 the health of, human beings. 

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

15 has the meaning applied in the administration of 

16 section 72.6 of title 42, Code of Federal Regula17 tions. 

18 (7) SYNDROME SURVEILLANCE.—The term 

19 ‘‘syndrome surveillance’’ means the recording of 

20 symptoms (patient complaints) and signs (derived 

21 from physical examination) combined with simple ge22 ographic locators to track the emergence of a disease 

23 in a population. 
29

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1 SEC. 304. PRIORITY FOR CERTAIN COUNTRIES. 

2 Priority in the provision of United States assistance 

3 for eligible developing countries under all the provisions 

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

5 personnel from the World Health Organization and the 

6 Centers for Disease Control and Prevention to investigate 

7 outbreaks of infectious diseases on their territories, pro8 vide early notification of disease outbreaks, and provide 

9 pathogen surveillance data to appropriate United States 

10 departments and agencies in addition to international 

11 health organizations. 

12 SEC. 305. RESTRICTION. 

13 Notwithstanding any other provision of this title, no 

14 foreign national participating in programs authorized 

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

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

17 a biological weapon, except in a supervised and controlled 

18 setting. 

19 SEC. 306. FELLOWSHIP PROGRAM. 

20 (a) ESTABLISHMENT.—There is established a fellow21 ship program (hereafter in this section referred to as the 

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

23 with the Secretary of Health and Human Services and 

24 subject to the availability of appropriations, shall award 

25 fellowships to eligible nationals to pursue public health 

26 education or training, as follows: 
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•S 1865 PCS 

1 (1) MASTER OF PUBLIC HEALTH DEGREE.—

2 Graduate courses of study leading to a master of 

3 public health degree with a concentration in epidemi4 ology from an institution of higher education in the 

5 United States with a Center for Public Health Pre6 paredness, as determined by the Centers for Disease 

7 Control and Prevention. 

8 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

9 TRAINING.—Advanced public health training in epi10 demiology to be carried out at the Centers for Dis11 ease Control and Prevention (or equivalent State fa12 cility), or other Federal facility (excluding the De13 partment of Defense or United States National Lab14 oratories), for a period of not less than 6 months or 

15 more than 12 months. 

16 (b) SPECIALIZATION IN BIOTERRORISM.—In addition 

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

18 each recipient of a fellowship under this section (hereafter 

19 in this section referred to as a ‘‘fellow’’) may take courses 

20 of study at the Centers for Disease Control and Preven21 tion or at an equivalent facility on diagnosis and contain22 ment of likely bioterrorism agents. 

23 (c) FELLOWSHIP AGREEMENT.—

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

25 under the program, the Secretary, in consultation 
31

•S 1865 PCS 

1 with the Secretary of Health and Human Services, 

2 shall require the recipient to enter into an agree3 ment under which, in exchange for such assistance, 

4 the recipient—

5 (A) will maintain satisfactory academic 

6 progress (as determined in accordance with reg7 ulations issued by the Secretary and confirmed 

8 in regularly scheduled updates to the Secretary 

9 from the institution providing the education or 

10 training on the progress of the recipient’s edu11 cation or training); 

12 (B) will, upon completion of such edu13 cation or training, return to the recipient’s 

14 country of nationality or last habitual residence 

15 (if it is an eligible developing country) and com16 plete at least four years of employment in a 

17 public health position in the government or a 

18 nongovernmental, not-for-profit entity in that 

19 country or, with the approval of the Secretary, 

20 complete part or all of this requirement through 

21 service with an international health organiza22 tion without geographic restriction; and 

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

24 to meet the requirements described in subpara25 graph (A) or (B), the recipient will reimburse 
32

•S 1865 PCS 

1 the United States for the value of the assist2 ance provided to the recipient under the fellow3 ship, together with interest at a rate deter4 mined in accordance with regulations issued by 

5 the Secretary but not higher than the rate gen6 erally applied in connection with other Federal 

7 loans. 

8 (2) WAIVER AUTHORITY.—The Secretary may 

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

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

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

12 so. 

13 (d) IMPLEMENTATION.—The Secretary, in consulta14 tion with the Secretary of Health and Human Services, 

15 is authorized to enter into an agreement with any eligible 

16 developing country under which the country agrees—

17 (1) to establish a procedure for the nomination 

18 of eligible nationals for fellowships under this sec19 tion; 

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

21 professional public health position within the country 

22 upon completion of his studies; and 

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

24 concluded the minimum period of employment in a 

25 public health position required by the fellowship 
33

•S 1865 PCS 

1 agreement, with an explanation of how the require2 ment was met.

3 (e) PARTICIPATION OF UNITED STATES CITIZENS.—

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

5 participation of United States citizens under the provi6 sions of this section if the Secretary determines that it 

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

8 Upon completion of education or training as a fellow under 

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

10 5 years of employment in a public health position in an 

11 eligible developing country or an international health orga12 nization. 

13 SEC. 307. IN-COUNTRY TRAINING IN LABORATORY TECH14 NIQUES AND SYNDROME SURVEILLANCE. 

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

16 for Disease Control and Prevention and the Department 

17 of Defense, the Secretary shall, subject to the availability 

18 of appropriations, support short training courses in-coun19 try (not in the United States) for laboratory technicians 

20 and other public health personnel from eligible developing 

21 countries in laboratory techniques relating to the identi22 fication, diagnosis, and tracking of pathogens responsible 

23 for possible infectious disease outbreaks. Training under 

24 this section may be conducted in overseas facilities of the 

25 Centers for Disease Control and Prevention or in Overseas 
34

•S 1865 PCS 

1 Medical Research Units of the Department of Defense, as 

2 appropriate. The Secretary shall coordinate such training 

3 courses, where appropriate, with the existing programs 

4 and activities of the World Health Organization. 

5 (b) TRAINING IN SYNDROME SURVEILLANCE.—In 

6 conjunction with the Centers for Disease Control and Pre7 vention and the Department of Defense, the Secretary 

8 shall, subject to the availability of appropriations, estab9 lish and support short training courses in-country (not in 

10 the United States) for public health personnel from eligi11 ble developing countries in techniques of syndrome surveil12 lance reporting and rapid analysis of syndrome informa13 tion using Geographic Information System (GIS) and 

14 other Internet-based tools. Training under this subsection 

15 may be conducted via the Internet or in appropriate facili16 ties as determined by the Secretary. The Secretary shall 

17 coordinate such training courses, where appropriate, with 

18 the existing programs and activities of the World Health 

19 Organization. 

20 SEC. 308. ASSISTANCE FOR THE PURCHASE AND MAINTE21 NANCE OF PUBLIC HEALTH LABORATORY 

22 EQUIPMENT. 

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

24 on such terms and conditions as the President may deter25 mine, to furnish assistance to eligible developing countries 
35

•S 1865 PCS 

1 to purchase and maintain public health laboratory equip2 ment described in subsection (b). 

3 (b) EQUIPMENT COVERED.—Equipment described in 

4 this subsection is equipment that is—

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

6 intended geographic area; 

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

8 expeditiously a broad array of pathogens, including 

9 mutant strains, which may cause disease outbreaks 

10 or may be used as a biological weapon; 

11 (3) compatible with general standards set forth, 

12 as appropriate, by the World Health Organization 

13 and the Centers for Disease Control and Prevention, 

14 to ensure interoperability with regional and inter15 national public health networks; 

16 (4) necessary to secure and monitor pathogen 

17 collections containing select agents; and 

18 (5) not defense articles or defense services. 

19 (c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to exempt the exporting of goods 

21 and technology from compliance with applicable provisions 

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

23 2401 et seq.) (or successor statutes). 

24 (d) LIMITATION.—Amounts appropriated to carry 

25 out this section shall not be made available for the pur-
36

•S 1865 PCS 

1 chase from a foreign country of equipment that, if made 

2 in the United States, would be subject to the Arms Export 

3 Control Act (22 U.S.C. 2751 et seq.) or likely be barred 

4 or subject to special conditions under the Export Adminis5 tration Act of 1979 (50 U.S.C. App. 2401 et seq.) (or 

6 successor statutes). 

7 (e) HOST COUNTRY’S COMMITMENTS.—The assist8 ance provided under this section shall be contingent upon 

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

10 infrastructure, and other assets required to house, main11 tain, support, secure, monitor, and maximize use of this 

12 equipment and appropriate technical personnel. 

13 SEC. 309. ASSISTANCE FOR IMPROVED COMMUNICATION 

14 OF PUBLIC HEALTH INFORMATION. 

15 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

16 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 

17 President is authorized to provide, on such terms and con18 ditions as the President may determine, assistance to eligi19 ble developing countries for the purchase and maintenance 

20 of communications equipment and information technology 

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

22 necessary to effectively collect, analyze, and transmit pub23 lic health information.
37

•S 1865 PCS 

1 (b) COVERED EQUIPMENT.—Equipment (and infor2 mation technology) described in this subsection is equip3 ment that—

4 (1) is suitable for use under the particular con5 ditions of the area of intended use; 

6 (2) meets appropriate World Health Organiza7 tion standards to ensure interoperability with like 

8 equipment of other countries and international 

9 health organizations; and 

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

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to exempt the exporting of goods 

13 and technology from compliance with applicable provisions 

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

15 2401 et seq.) (or successor statutes). 

16 (d) LIMITATION.—Amounts appropriated to carry 

17 out this section shall not be made available for the pur18 chase from a foreign country of equipment that, if made 

19 in the United States, would be subject to the Arms Export 

20 Control Act or likely be barred or subject to special condi21 tions under the Export Administration Act of 1979 (50 

22 U.S.C. App. 2401 et seq.) (or successor statutes). 

23 (e) ASSISTANCE FOR STANDARDIZATION OF REPORT24 ING.—The President is authorized to provide, on such 

25 terms and conditions as the President may determine, 
38

•S 1865 PCS 

1 technical assistance and grant assistance to international 

2 health organizations to facilitate standardization in the re3 porting of public health information between and among 

4 developing countries and international health organiza5 tions. 

6 (f) HOST COUNTRY’S COMMITMENTS.—The assist7 ance provided under this section shall be contingent upon 

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

9 infrastructure, and other assets required to house, sup10 port, maintain, secure, and maximize use of this equip11 ment and appropriate technical personnel. 

12 SEC. 310. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO 

13 UNITED STATES MISSIONS AND INTER14 NATIONAL ORGANIZATIONS. 

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

16 States chief of diplomatic mission or an international 

17 health organization, and with the concurrence of the Sec18 retary, the head of a Federal agency may assign to the 

19 respective United States mission or organization any offi20 cer or employee of the agency occupying a public health 

21 position within the agency for the purpose of enhancing 

22 disease and pathogen surveillance efforts in developing 

23 countries. 

24 (b) REIMBURSEMENT.—The costs incurred by a Fed25 eral agency by reason of the detail of personnel under sub-
39

•S 1865 PCS 

1 section (a) may be reimbursed to that agency out of the 

2 applicable appropriations account of the Department of 

3 State if the Secretary determines that the relevant agency 

4 may otherwise be unable to assign such personnel on a 

5 non-reimbursable basis. 

6 SEC. 311. EXPANSION OF CERTAIN UNITED STATES GOV7 ERNMENT LABORATORIES ABROAD. 

8 (a) IN GENERAL.—Subject to the availability of ap9 propriations, the Centers for Disease Control and Preven10 tion and the Department of Defense shall each—

11 (1) increase the number of personnel assigned 

12 to laboratories of the Centers or the Department, as 

13 appropriate, located in eligible developing countries 

14 that conduct research and other activities with re15 spect to infectious diseases; and 

16 (2) expand the operations of those laboratories, 

17 especially with respect to the implementation of on18 site training of foreign nationals and regional out19 reach efforts involving neighboring countries. 

20 (b) COOPERATION AND COORDINATION BETWEEN

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

22 such a manner as to foster cooperation and avoid duplica23 tion between and among laboratories. 

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

25 The expansion of the operations of overseas laboratories 
40

•S 1865 PCS 

1 of the Centers or the Department under this section shall 

2 not—

3 (1) detract from the established core missions 

4 of the laboratories; or 

5 (2) compromise the security of those labora6 tories, as well as their research, equipment, exper7 tise, and materials. 

8 SEC. 312. ASSISTANCE FOR REGIONAL HEALTH NETWORKS 

9 AND EXPANSION OF FOREIGN EPIDEMI10 OLOGY TRAINING PROGRAMS. 

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

12 such terms and conditions as the President may deter13 mine, to provide assistance for the purposes of—

14 (1) enhancing the surveillance and reporting ca15 pabilities of the World Health Organization and ex16 isting regional health networks; and 

17 (2) developing new regional health networks. 

18 (b) EXPANSION OF FOREIGN EPIDEMIOLOGY TRAIN19 ING PROGRAMS.—The Secretary of Health and Human 

20 Services is authorized to establish new country or regional 

21 Foreign Epidemiology Training Programs in eligible devel22 oping countries. 
41

•S 1865 PCS 

1 SEC. 313. AVAILABILITY OF FUNDS. 

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

3 Department of State for fiscal year 2004, up to 

4 $35,000,000 may be used to carry out this title. 

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

6 available under subsection (a)—

7 (1) $25,000,000 may be used to carry out sec8 tions 306, 307, 308, and 309; 

9 (2) $500,000 may be used to carry out section 

10 310; 

11 (3) $2,500,000 may be used to carry out sec12 tion 311; and 

13 (4) $7,000,000 may be used to carry out sec14 tion 312. 

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

16 days after the date of the enactment of this title, the Sec17 retary shall, in conjunction with the Secretary of Health 

18 and Human Services and the Secretary of Defense, submit 

19 to the appropriate congressional committees a report con20 taining—

21 (1) a description of the implementation of pro22 grams under this title that has been undertaken or 

23 is planned; and 

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

25 to carry out those programs at a sufficient level.
Calendar No. 391

108TH CONGRESS 

1ST SESSION S. 1865

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