[Congressional Record Volume 156, Number 131 (Monday, September 27, 2010)]
[Senate]
[Pages S7560-S7562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURITY COOPERATION ACT OF 2010
Mr. CASEY. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3847, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3847) to implement certain trade cooperation
treaties, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. CASEY. Mr. President, I ask unanimous consent that the bill be
read three times and passed; the motion to reconsider be laid upon the
table, with no intervening action or debate; and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading, was read
the third time, and passed, as follows:
S. 3847
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)--
[[Page S7561]]
``(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;
[[Page S7562]]
(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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