[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3847 Considered and Passed Senate (CPS)]
111th CONGRESS
2d Session
S. 3847
To implement certain defense trade cooperation treaties, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2010
Mr. Kerry (for himself and Mr. Lugar) introduced the following bill;
which was read twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To implement certain defense trade cooperation treaties, and for other
purposes.
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 ``Security Cooperation Act of 2010''.
TITLE I--DEFENSE TRADE COOPERATION TREATIES
SEC. 101. SHORT TITLE.
This title may be cited as the ``Defense Trade Cooperation Treaties
Implementation Act of 2010''.
SEC. 102. EXEMPTIONS FROM REQUIREMENTS.
(a) Retransfer Requirements.--Section 3(b) of the Arms Export
Control Act (22 U.S.C. 2753(b)) is amended by inserting ``a treaty
referred to in section 38(j)(1)(C)(i) of this Act permits such transfer
without prior consent of the President, or if'' after ``if''.
(b) Bilateral Agreement Requirements.--Section 38(j)(1) of such 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.--
``(i) In general.--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 on 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 5, 2007 (and
any implementing arrangement thereto).
``(ii) Limitation of scope.--The United
States shall exempt from the scope of a treaty
referred to in clause (i)--
``(I) complete rocket systems
(including ballistic missile systems,
space launch vehicles, and sounding
rockets) or complete unmanned aerial
vehicle systems (including cruise
missile systems, target drones, and
reconnaissance drones) capable of
delivering at least a 500 kilogram
payload to a range of 300 kilometers,
and associated production facilities,
software, or technology for these
systems, as defined in the Missile
Technology Control Regime Annex
Category I, Item 1;
``(II) individual rocket stages,
re-entry vehicles and equipment, solid
or liquid propellant motors or engines,
guidance sets, thrust vector control
systems, and associated production
facilities, software, and technology,
as defined in the Missile Technology
Control Regime Annex Category I, Item
2;
``(III) defense articles and
defense services listed in the Missile
Technology Control Regime Annex
Category II that are for use in rocket
systems, as that term is used in such
Annex, including associated production
facilities, software, or technology;
``(IV) toxicological agents,
biological agents, and associated
equipment, as listed in the United
States Munitions List (part 121.1 of
chapter I of title 22, Code of Federal
Regulations), Category XIV,
subcategories (a), (b), (f)(1), (i),
(j) as it pertains to (f)(1), (l) as it
pertains to (f)(1), and (m) as it
pertains to all of the subcategories
cited in this paragraph;
``(V) defense articles and defense
services specific to the design and
testing of nuclear weapons which are
controlled under United States
Munitions List Category XVI(a) and (b),
along with associated defense articles
in Category XVI(d) and technology in
Category XVI(e);
``(VI) with regard to the treaty
cited in clause (i)(I), defense
articles and defense services that the
United States controls under the United
States Munitions List that are not
controlled by the United Kingdom, as
defined in the United Kingdom Military
List or Annex 4 to the United Kingdom
Dual Use List, or any successor lists
thereto; and
``(VII) with regard to the treaty
cited in clause (i)(II), defense
articles for which Australian laws,
regulations, or other commitments would
prevent Australia from enforcing the
control measures specified in such
treaty.''.
SEC. 103. ENFORCEMENT.
(a) Criminal Violations.--Section 38(c) of such Act (22 U.S.C.
2778(c)) 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)(i),
or any rule or regulation issued under this section or section 39,
including any rule or regulation issued to implement or enforce a
treaty referred to in subsection (j)(1)(C)(i) or an implementing
arrangement pursuant to such treaty''.
(b) Enforcement Powers of President.--Section 38(e) of such Act (22
U.S.C. 2278(e)) 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)(i),''.
(c) Notification Regarding Exemptions From Licensing
Requirements.--Section 38(f) of such Act (22 U.S.C. 2778(f)) 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) to give effect to a treaty
referred to in subsection (j)(1)(C)(i) (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.''.
(d) Incentive Payments.--Section 39A(a) of such Act (22 U.S.C.
2779a(a)) is amended by inserting ``or exported pursuant to a treaty
referred to in section 38(j)(1)(C)(i) of this Act'' after ``under this
Act''.
SEC. 104. CONGRESSIONAL NOTIFICATION.
(a) Retransfers and Reexports.--Section 3(d)(3)(A) of such Act (22
U.S.C. 2753(d)(3)(A)) is amended by inserting ``or has been exempted
from the licensing requirements of this Act pursuant to a treaty
referred to in section 38(j)(1)(C)(i) of this Act where such treaty
does not authorize the transfer without prior United States Government
approval'' after ``approved under section 38 of this Act''.
(b) Discrimination.--Section 5(c) of such Act (22 U.S.C. 2755(c))
is amended by inserting ``or any import or export under a treaty
referred to in section 38(j)(1)(C)(i) of this Act'' after ``under this
Act''.
(c) Annual Estimate of Sales.--Section 25(a) of such Act (22 U.S.C.
2765(a)) is amended--
(1) in paragraph (1), by inserting ``, as well as exports
pursuant to a treaty referred to in section 38(j)(1)(C)(i) of
this Act,'' after ``commercial exports under this Act''; and
(2) in paragraph (2), by inserting ``, as well as exports
pursuant to a treaty referred to in section 38(j)(1)(C)(i) of
this Act,'' after ``commercial exports''.
(d) Presidential Certifications.--
(1) Exports.--Section 36(c) of such Act (22 U.S.C. 2776(c))
is amended by adding at the end the following new paragraph:
``(6) The President shall notify the Speaker of the House
of Representatives and the Chairman of the Committee on Foreign
Relations of the Senate at least 15 days prior to an export
pursuant to a treaty referred to in section 38(j)(1)(C)(i) of
this Act to which the provisions of paragraph (1) of this
subsection would apply absent an exemption granted under
section 38(j)(1) of this Act, for which purpose such
notification shall contain information comparable to that
specified in paragraph (1) of this subsection.''.
(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) The President shall notify the Speaker of the House
of Representatives and the Chairman of the Committee on Foreign
Relations of the Senate at least 15 days prior to an export
pursuant to a treaty referred to in section 38(j)(1)(C)(i) of
this Act to which the provisions of paragraph (1) of this
subsection would apply absent an exemption granted under
section 38(j)(1) of this Act, for which purpose such
notification shall contain information comparable to that
specified in paragraph (1) of this subsection.''.
(e) Fees and Political Contributions.--Section 39(a) of such Act
(22 U.S.C. 2779(a)) is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following new paragraph:
``(3) exports of defense articles or defense services
pursuant to a treaty referenced in section 38(j)(1)(C)(i) of
this Act;''.
SEC. 105. LIMITATION ON IMPLEMENTING ARRANGEMENTS.
(a) In General.--No amendment to an implementing arrangement
concluded pursuant to a treaty referred to in section 38(j)(1)(C)(i) of
the Arms Export Control Act, as added by this Act, shall enter into
effect for the United States unless the Congress adopts, and there is
enacted, legislation approving the entry into effect of that amendment
for the United States.
(b) Covered Amendments.--
(1) In general.--The requirements specified in subsection
(a) shall apply to any amendment other than an amendment that
addresses an administrative or technical matter. The
requirements in subsection (a) shall not apply to any amendment
that solely addresses an administrative or technical matter.
(2) U.S.-UK implementing arrangement.--In the case of the
Implementing Arrangement Pursuant to 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, signed at Washington
February 14, 2008, amendments to which the requirements
specified in subsection (a) apply shall include--
(A) any amendment to section 2, paragraphs (1),
(2), or (3) that modifies the criteria governing
operations, programs, and projects to which the treaty
applies;
(B) any amendment to section 3, paragraphs (1) or
(2) that modifies the criteria governing end-use
requirements and the requirements for approved
community members responding to United States
Government solicitations;
(C) any amendment to section 4, paragraph (4) that
modifies the criteria for including items on the list
of defense articles exempt from the treaty;
(D) any amendment to section 4, paragraph (7) that
modifies licensing and other applicable requirements
relating to items added to the list of defense articles
exempt from the scope of the treaty;
(E) any amendment to section 7, paragraph (4) that
modifies the criteria for eligibility in the approved
community under the treaty for nongovernmental United
Kingdom entities and facilities;
(F) any amendment to section 7, paragraph (9) that
modifies the conditions for suspending or removing a
United Kingdom entity from the approved community under
the treaty;
(G) any amendment to section 7, paragraphs (11) or
(12) that modifies the conditions under which
individuals may be granted access to defense articles
exported under the treaty;
(H) any amendment to section 9, paragraphs (1),
(3), (7), (8), (9), (12), or (13) that modifies the
circumstances under which United States Government
approval is required for the re-transfer or re-export
of a defense article, or to exceptions to such
requirement; and
(I) any amendment to section 11, paragraph (4)(b)
that modifies conditions of entry to the United Kingdom
community under the treaty.
(3) U.S.-Australia implementing arrangement.--In the case
of the Implementing Arrangement Pursuant to the Treaty Between
the Government of the United States of America and the
Government of the Australia Concerning Defense Trade
Cooperation, signed at Washington March 14, 2008, amendments to
which the requirements specified in subsection (a) apply shall
include--
(A) any amendment to section 2, paragraphs (1),
(2), or (3) that modifies the criteria governing
operations, programs, and projects to which the treaty
applies;
(B) any amendment to section 3, paragraphs (1) or
(2) that modifies the criteria governing end-use
requirements and the requirements for approved
community members responding to United States
Government solicitations;
(C) any amendment to section 4, paragraph (4) that
modifies criteria for including items on the list of
defense articles exempt from the scope of the treaty;
(D) any amendment to section 4, paragraph (7) that
modifies licensing and other applicable requirements
relating to items added to the list of defense articles
exempt from the scope of the treaty;
(E) any amendment to section 6, paragraph (4) that
modifies the criteria for eligibility in the approved
community under the treaty for nongovernmental
Australian entities and facilities;
(F) any amendment to section 6, paragraph (9) that
modifies the conditions for suspending or removing an
Australian entity from the Australia community under
the treaty;
(G) any amendment to section 6, paragraphs (11),
(12), (13), or (14) that modifies the conditions under
which individuals may be granted access to defense
articles exported under the treaty;
(H) any amendment to section 9, paragraphs (1),
(2), (4), (7), or (8) that modifies the circumstances
under which United States Government approval is
required for the re-transfer or re-export of a defense
article, or to exceptions to such requirement; and
(I) any amendment to section 11, paragraph (6) that
modifies conditions of entry to the Australian
community under the treaty.
(c) Congressional Notification for Other Amendments to Implementing
Arrangements.--Not later than 15 days before any amendment to an
implementing arrangement to which subsection (a) does not apply shall
take effect, the President shall provide to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report containing--
(1) the text of the amendment; and
(2) an analysis of the amendment's effect, including an
analysis regarding why subsection (a) does not apply.
SEC. 106. 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 on 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 5, 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. 107. RULE OF CONSTRUCTION.
Nothing in this title, 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), the Treaty Between the
Government of the United States of America and the Government of
Australia Concerning Defense Trade Cooperation, done at Sydney,
September 5, 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 the International Traffic in Arms Regulations (subchapter M of
chapter I of title 22, Code of Federal Regulations).
TITLE II--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Naval Vessel Transfer Act of
2010''.
SEC. 202. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) India.--To the Government of India, the OSPREY class
minehunter coastal ships KINGFISHER (MHC-56) and CORMORANT
(MHC-57).
(2) Greece.--To the Government of Greece, the OSPREY class
minehunter coastal ships OSPREY (MHC-51), BLACKHAWK (MHC-58),
and SHRIKE (MHC-62).
(3) Chile.--To the Government of Chile, the NEWPORT class
amphibious tank landing ship TUSCALOOSA (LST-1187).
(4) Morocco.--To the Government of Morocco, the NEWPORT
class amphibious tank landing ship BOULDER (LST-1190).
(b) Transfer by Sale.--The President is authorized to transfer the
OSPREY class minehunter coastal ship ROBIN (MHC-54) to the Taipei
Economic and Cultural Representative Office of the United States (which
is the Taiwan instrumentality designated pursuant to section 10(a) of
the Taiwan Relations Act (22 U.S.C. 3309(a)) on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis pursuant to authority provided by subsection (a) shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient (notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e))).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
the recipient, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 2-year period
beginning on the date of the enactment of this Act.
TITLE III--OTHER MATTERS
SEC. 301. EXPEDITED CONGRESSIONAL DEFENSE EXPORT REVIEW PERIOD FOR
ISRAEL.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2),
by inserting ``Israel,'' before ``or New Zealand'' each place
it appears; and
(2) in section 3(b)(2), by inserting ``the Government of
Israel,'' before ``or the Government of New Zealand''.
SEC. 302. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``more than 4 years
after'' and inserting ``more than 8 years after''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``fiscal years 2007 and 2008'' and inserting ``fiscal years
2011 and 2012''.
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