[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3847 Enrolled Bill (ENR)]
S.3847
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.