[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3581 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3581

              To implement certain defense trade treaties.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2010

   Mr. Lugar introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
              To implement certain defense trade treaties.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Trade Treaty Implementation 
Act of 2010''.

SEC. 2. EXEMPTION FROM REQUIREMENTS FOR BILATERAL AGREEMENTS.

    Section 38(j)(1) of the Arms Export Control Act (22 U.S.C. 
2778(j)(1)) is amended--
            (1) in the subparagraph heading for subparagraph (B), by 
        inserting ``for canada'' after ``Exception''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Exception for defense trade cooperation 
                treaties.--The requirement to conclude a bilateral 
                agreement in accordance with subparagraph (A) shall not 
                apply with respect to an exemption from the licensing 
                requirements of this Act for the export of defense 
                items to give effect to any of the following defense 
                trade cooperation treaties, provided that the treaty 
                has entered into force pursuant to Article II, Section 
                2, clause 2 of the Constitution of the United States:
                            ``(i) The Treaty Between the Government of 
                        the United States of America and the Government 
                        of the United Kingdom of Great Britain and 
                        Northern Ireland Concerning Defense Trade 
                        Cooperation, done at Washington and London June 
                        21 and 26, 2007 (and any implementing 
                        arrangement thereto).
                            ``(ii) The Treaty Between the Government of 
                        the United States of America and the Government 
                        of Australia Concerning Defense Trade 
                        Cooperation, done at Sydney September 23, 2007 
                        (and any implementing arrangement thereto).''.

SEC. 3. ENFORCEMENT.

    (a) Criminal Violations.--Section 38(c) of such Act is amended by 
striking ``this section or section 39, or any rule or regulation issued 
under either section'' and inserting ``this section, section 39, a 
treaty referred to in subsection (j)(1)(C), or any rule or regulation 
issued under this section or section 39, including any rule or 
regulation issued under this section to implement or enforce a treaty 
referred to in subsection (j)(1)(C) or an implementing arrangement 
pursuant to such treaty''.
    (b) Enforcement Powers of President.--Section 38(e) of such Act is 
amended by striking ``defense services,'' and inserting ``defense 
services, including defense articles and defense services exported or 
imported pursuant to a treaty referred to in subsection (j)(1)(C),''.
    (c) Notification Regarding Exemptions From Licensing 
Requirements.--Section 38(f) of such Act is amended by adding at the 
end the following new paragraph:
    ``(4) Paragraph (2) shall not apply with respect to an exemption 
under subsection (j)(1)(A) to give effect to a treaty referred to in 
subsection (j)(1)(C) (and any implementing arrangements to such 
treaty), provided that the President promulgates regulations to 
implement and enforce such treaty under this section and section 39.''.

SEC. 4. CONGRESSIONAL NOTIFICATION.

    (a) Eligibility for Defense Articles or Defense Articles.--Section 
3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) is amended by 
inserting after ``approved under section 38 of this Act'' the 
following: ``or has been exempted from the licensing requirements of 
this Act pursuant to section 38(j) of this Act''.
    (b) Presidential Certifications.--
            (1) Export licenses.--Section 36(c) of such Act (22 U.S.C. 
        2776(c)) is amended by adding at the end the following new 
        paragraph:
    ``(6) An export pursuant to a treaty referred to in section 
38(j)(1)(C) of this Act to which the provisions of paragraph (1) would 
apply absent an exemption granted under section 38(j)(1) of this Act 
shall not take place until 15 days after the President has submitted a 
certification with respect to such export in a similar manner, and 
containing comparable information, as required under paragraph (1).''.
            (2) Commercial technical assistance or manufacturing 
        licensing agreements.--Section 36(d) of such Act (22 U.S.C. 
        2776(d)) is amended by adding at the end the following new 
        paragraph:
    ``(6) An export pursuant to a treaty referred to in section 
38(j)(1)(C) of this Act to which the provisions of paragraph (1) would 
apply absent an exemption granted under section 38(j)(1) of this Act 
shall not take place until 15 days after the President has submitted a 
certification with respect to such export in a similar manner, and 
containing comparable information, as required under paragraph (1).''.

SEC. 5. IMPLEMENTING REGULATIONS.

    The President is authorized to issue regulations pursuant to the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) to implement and 
enforce the Treaty Between the Government of the United States of 
America and the Government of the United Kingdom of Great Britain and 
Northern Ireland Concerning Defense Trade Cooperation, done at 
Washington and London June 21 and 26, 2007 (and any implementing 
arrangement thereto), and the Treaty Between the Government of the 
United States of America and the Government of Australia Concerning 
Defense Trade Cooperation, done at Sydney September 23, 2007 (and any 
implementing arrangement thereto), consistent with other applicable 
provisions of the Arms Export Control Act, as amended by this Act, and 
with the terms of any resolution of advice and consent adopted by the 
Senate with respect to either treaty.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act, or in the Treaty Between the Government of the 
United States of America and the Government of the United Kingdom of 
Great Britain and Northern Ireland Concerning Defense Trade 
Cooperation, done at Washington and London on June 21 and 26, 2007 (and 
any implementing arrangement thereto), or in the Treaty Between the 
Government of the United States of America and the Government of 
Australia Concerning Defense Trade Cooperation, done at Sydney, 
September 23, 2007 (and any implementing arrangement thereto), or in 
any regulation issued to implement either treaty, shall be construed to 
modify or supersede any provision of law or regulation other than the 
Arms Export Control Act (22 U.S.C. 2751 et seq.), as amended by this 
Act, and regulations issued pursuant to such Act.
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