[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3939 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3939
To provide for the transfer of not more than two Virginia class
submarines from the inventory of the Navy to the Government of
Australia on a sale basis under section 21 of the Arms Export Control
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Meeks (for himself, Mr. Bera, and Mr. Courtney) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the transfer of not more than two Virginia class
submarines from the inventory of the Navy to the Government of
Australia on a sale basis under section 21 of the Arms Export Control
Act, 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 ``AUKUS Undersea Defense Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The new trilateral security partnership between
Australia, the United Kingdom, and the United States (in this
section referred to as the ``AUKUS partnership'') is intended
to positively contribute to peace and stability in the Indo-
Pacific region through enhanced deterrence.
(2) This trilateral security partnership builds on and
enhances the United States, Australia, and the United Kingdom's
commitment to a free and open Indo-Pacific, and more broadly to
a rules-based international order.
(3) Australia has a strong record of leadership in the
international nuclear non-proliferation regime and is fully
committed to responsible stewardship of naval nuclear
propulsion technology.
(4) Pillar 1 of the AUKUS partnership aims to provide
Australia with a conventionally armed, nuclear-powered
submarine capability while upholding the highest non-
proliferation standards.
(5) In support of this Pillar 1 goal, the United States and
the United Kingdom plan to increase port visits to Australia of
conventionally armed, nuclear-powered submarines then begin
forward rotations of such submarines to Australia at Submarine
Rotational Force-West.
(6) In support of these goals, the United States will
transfer Virginia-class submarines to Australia to bolster its
critical undersea capabilities and enhance its undersea
presence in the Indo-Pacific region.
(7) Pillar 1 of the AUKUS partnership will enhance all
three nations' defense industrial capacity to produce and
sustain interoperable nuclear-powered submarines, expand
collective undersea presence in the Indo-Pacific, and
contribute to freedom of navigation, security, and stability in
the Indo-Pacific region.
(8) Trilateral security cooperation that strengthens joint
capabilities, enhances the ability to share information and
technology safely, and integrates defense industrial bases and
supply chains will contribute to the security of each nation as
well as peace and stability in the Indo-Pacific region.
SEC. 3. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES SUBMARINE SECURITY
ACTIVITIES.
(a) Authorization To Transfer Submarines.--
(1) In general.--Subject to paragraph (6), the President
may transfer not more than two Virginia class submarines from
the inventory of the Navy to the Government of Australia on a
sale basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(2) Costs of transfer.--Any expense incurred by the United
States in connection with the transfer authorized by this
subsection shall be charged to the Government of Australia.
(3) Waiver of certification requirement.--The requirement
for the Chief of Naval Operations to make a certification under
section 8678 of title 10, United States Code, shall not apply
to a transfer under this subsection.
(4) Use of funds.--The Secretary of the Navy may use the
proceeds of a transfer under this subsection--
(A) for the acquisition of vessels to replace the
vessels transferred to the Government of Australia; or
(B) to carry out any other authority the use of
which the Secretary of the Navy determines would
improve the submarine industrial base.
(5) Crediting of receipts.--Notwithstanding any provision
of law pertaining to the crediting of amounts received from a
sale under the terms of the Arms Export Control Act (22 U.S.C.
2761), any receipt of the United States as a result of a
transfer under this section shall--
(A) be credited, at the discretion of the Secretary
of the Navy to--
(i) the appropriation, fund, or account
used in incurring the original obligation;
(ii) an appropriate appropriation, fund, or
account currently available for the purposes
for which the expenditures were made; or
(iii) any other appropriation, fund, or
account available for the purpose specified in
paragraph (4)(B); and
(B) remain available for obligation until expended
for the same purpose as the appropriation to which the
receipt is credited.
(6) Applicability of existing law to transfer special
nuclear material and utilization facilities for military
applications.--
(A) In general.--With respect to any special
nuclear material for use in utilization facilities or
any portion of a vessel transferred under this
subsection constituting utilization facilities for
military applications under section 91 of the Atomic
Energy Act of 1954 (42 U.S.C. 2121), transfer of such
material or such facilities shall only occur in
accordance with such section 91.
(B) Use of funds.--The Secretary of Energy may use
proceeds from a transfer described in subparagraph (A)
for the acquisition of submarine naval nuclear
propulsion plants and the nuclear fuel to replace the
propulsion plants and fuel transferred to the
Government of Australia.
(b) Repair and Refurbishment of AUKUS Submarines.--Section 8680 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Repair and Refurbishment of Certain Submarines.--(1)
Notwithstanding any other provision of this section, the Secretary of
the Navy shall determine the appropriate shipyard in the United States,
Australia, or the United Kingdom to perform any repair or refurbishment
of a United States submarine involved in submarine security activities
between Australia, the United Kingdom, and the United States (in this
section referred to as `AUKUS').
``(2) Repair or refurbishment described in paragraph (1) may be
carried out by personnel of the United States, United Kingdom, or
Australia in accordance with the international arrangements governing
AUKUS submarine security activities.''.
SEC. 4. ACCEPTANCE OF CONTRIBUTIONS IN SUPPORT OF AUSTRALIA, UNITED
KINGDOM, AND UNITED STATES SUBMARINE SECURITY ACTIVITIES.
(a) In General.--Chapter 155 of title 10, United States Code, is
amended by inserting after section 2608 the following new section:
``Sec. 2609. Acceptance of contributions for Australia, United Kingdom,
and United States submarine security activities;
Submarine Security Activities Account
``(a) Acceptance Authority.--The Secretary of Defense may accept
from the Government of Australia contributions of money made by the
Government of Australia for use by the Department of Defense in support
of non-nuclear related aspects of submarine security activities between
Australia, the United Kingdom, and the United States (in this section
referred to as `AUKUS').
``(b) Establishment of Submarine Security Activities Account.--(1)
There is established in the Treasury of the United States a special
account to be known as the `Submarine Security Activities Account'.
``(2) Contributions of money accepted by the Secretary of Defense
under subsection (a) shall be credited to the Submarine Security
Activities Account.
``(c) Use of the Submarine Security Activities Account.--(1) The
Secretary of Defense may use funds in the Submarine Security Activities
Account--
``(A) for any purpose authorized by law that the Secretary
determines would support AUKUS submarine security activities;
or
``(B) to carry out a military construction project that is
consistent with the purposes for which the contributions were
made and is not otherwise authorized by law.
``(2) Funds in the Submarine Security Activities Account may be
used as described in this subsection without further specific
authorization in law.
``(d) Transfers of Funds.--(1) In carrying out subsection (c), the
Secretary of Defense may transfer funds available in the Submarine
Security Activities Account to appropriations available to the
Department of Defense.
``(2) In carrying out subsection (c), and in accordance with the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Secretary of
Defense may transfer funds available in the Submarine Security
Activities Account to appropriations or funds of the Department of
Energy available to carry out activities related to AUKUS submarine
security activities.
``(3) Funds transferred under this subsection shall be available
for obligation for the same time period and for the same purpose as the
appropriation to which transferred.
``(4) Upon a determination by the Secretary that all or part of the
funds transferred from the Submarine Security Activities Account are
not necessary for the purposes for which such funds were transferred,
all or such part of such funds shall be transferred back to the
Submarine Security Activities Account.
``(e) Investment of Money.--(1) Upon request by the Secretary of
Defense, the Secretary of the Treasury may invest money in the
Submarine Security Activities Account in securities of the United
States or in securities guaranteed as to principal and interest by the
United States.
``(2) Any interest or other income that accrues from investment in
securities referred to in paragraph (1) shall be deposited to the
credit of the Submarine Security Activities Account.
``(f) Report.--(1) Not later than 60 days after the date on which
contributions of money accepted by the Secretary of Defense under
subsection (a) are credited to the Submarine Security Activities
Account under subsection (b), the Secretary of Defense shall submit to
the appropriate congressional committees a report on--
``(A) the amount of money so transferred;
``(B) a description of the intended use of the funds; and
``(C) any other matters related to the administration of
the Submarine Security Activities Account as determined
necessary by the Secretary.
``(2) The report required by this subsection shall be submitted in
unclassified form but may include a classified annex.
``(3) In this subsection, the term `appropriate congressional
committees' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
``(g) Relationship to Other Laws.--The authority to accept or
transfer funds under this section is in addition to any other authority
to accept or transfer funds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2608 the following:
``2609. Acceptance of contributions for Australia, United Kingdom, and
United States submarine security
activities; Submarine Security Activities
Account.''.
SEC. 5. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES SUBMARINE SECURITY
TRAINING.
(a) In General.--The President may transfer or authorize the export
of defense services to the Government of Australia under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) that may also be directly
exported to Australian private-sector personnel to support the
development of the Australian submarine industrial base necessary for
submarine security activities between Australia, the United Kingdom,
and the United States (in this section referred to as ``AUKUS''),
including in cases in which such private-sector personnel are not
officers, employees, or agents of the Government of Australia.
(b) Application of Requirements for Further Transfer.--Any transfer
of defense services to the Government of Australia pursuant to
subsection (a) to persons other than those directly provided such
defense services pursuant to subsection (a) shall only be made in
accordance with the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
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