View all text of Subchapter III [§ 10431 - § 10433]
§ 10431. Authorization of sales of Virginia Class submarines to Australia
(a) In general
(b) Provisions of law supersededThe transfer of a vessel authorized under subsection (a) shall not be subject to the requirements of—
(1) section 36 of the Arms Export Control Act (22 U.S.C. 2776); or
(2)section 8677 of title 10.
(c) Costs of transfers
(d) Certifications and other requirements
(1) In generalNot later than 270 days prior to the transfer of a vessel authorized under subsection (a), the President shall submit to the appropriate congressional committees and leadership a certification that—
(A) the transfer of such vessels—
(i) will not degrade the United States undersea capabilities;
(ii) is consistent with United States foreign policy and national security interests; and
(iii) is in furtherance of the AUKUS partnership;
(B) the United States is making sufficient submarine production and maintenance investments to meet the combination of United States military requirements and the requirements under subparagraph (A);
(C) the Government of Australia has provided the appropriate funds and support for the additional capacity required to meet the requirements identified in this section; and
(D) the Government Australia has the capability to host and fully operate the vessels authorized to be transferred.
(2) Waiver of chief of naval operations certification
(3) Required mutual defense agreement
(A) In general
(B) RequirementsA mutual defense agreement meets the requirements described in this subparagraph if the agreement—
(i) provides a clear legal framework for the sole purpose of Australia’s acquisition of conventionally armed, nuclear-powered submarines; and
(ii) meets the highest nonproliferation standards for the exchange of nuclear materials, technology, equipment, and information between the United States and Australia.
(4) Subsequent sales
(e) Crediting of receipts
(1) In generalNotwithstanding any provision of law pertaining to the crediting of amounts received from a sale under the terms of section 21 of the Arms Export Control Act (22 U.S.C. 2761), any receipt of the United States as a result of a transfer of a vessel authorized under subsection (a) shall—
(A) be credited, at the discretion of the President 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 for the original acquisition of submarines transferred under this section were made; or
(iii) any other appropriation, fund, or account available for the improvement of the United States submarine industrial base; and
(B) remain available for obligation until expended for the same purpose as the appropriation to which the receipt is credited.
(2)
(A) Initial notificationNot later than 30 days before the date of the delivery of the first vessel authorized to be transferred under subsection (a), the President shall notify the appropriate congressional committees and leadership of the following:
(i) The Government of Australia has achieved Submarine Rotational Forces-West full operational capability to support 4 rotationally deployed Virginia class submarines and one Astute class submarine, including having demonstrated the domestic capacity to fully perform all the associated activities necessary for the safe hosting and operation of nuclear-powered submarines.
(ii) The Government of Australia has achieved sovereign-ready initial operational capability to support a Royal Australian Navy Virginia class submarine, including having demonstrated the domestic capacity to fully perform all the associated—(I) activities necessary for the safe hosting and operation of nuclear-powered submarines;(II) crewing;(III) operations;(IV) regulatory and emergency procedures, including those specific to nuclear power plants; and(V) detailed planning for enduring Virginia class submarine ownership, including each significant event leading up to and including nuclear defueling.
(B) NotificationNot later than 30 days after the date of a transfer of any vessel authorized under subsection (a), and upon any transfer or depositing of funds received pursuant to such a transfer, the President shall notify the appropriate congressional committees and leadership of—
(i) the amount of funds received pursuant to the transfer; and
(ii) the specific account or fund into which the funds described in clause (i) are deposited.
(C) Report
(f) Applicability of existing law to transfer of special nuclear material and utilization facilities for military applications
(1) In general
(2) Use of funds
(g) Omitted
(h) Transfer or export of defense services
(1) In general
(2) Authority to export to Australian and United Kingdom private and public-sector personnel
(3) Application of requirements for retransfer and reexport
(4) Security controls
(A) In general
(B) Certification
(i) Report
(1) In generalNot later than 180 days after December 22, 2023, and annually thereafter for 15 years, the President shall submit to the appropriate congressional committees and leadership a report describing—
(A) the status of the transfer of vessels authorized under subsection (a);
(B) the implementation of submarine security cooperation under the AUKUS partnership and challenges towards its implementation;
(C) expansion of the public and private Virginia class submarine production and repair facilities, to include proposed work conducted in Australia and the United Kingdom to meet the additional work required by commitments under the AUKUS partnership;
(D) an annual procurement schedule for the total quantity of submarines the Department of Defense plans to procure over the 15 years following December 22, 2023; and
(E) a list of transfers or exports of defense services authorized under subsection (h) and the private-sector personnel of Australia or the private-sector personnel of the United Kingdom to whom the defense services were exported.
(2) Form
(Pub. L. 118–31, div. A, title XIII, § 1352, Dec. 22, 2023, 137 Stat. 514.)