Sec. 3. Australia, United Kingdom, and United States submarine security activities
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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 ). Any expense incurred by the United States in connection with the transfer authorized by this subsection shall be charged to the Government of Australia. 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.
The Secretary of the Navy may use the proceeds of a transfer under this subsection— for the acquisition of vessels to replace the vessels transferred to the Government of Australia; or to carry out any other authority the use of which the Secretary of the Navy determines would improve the submarine industrial base. 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— be credited, at the discretion of the Secretary of the Navy to— the appropriation, fund, or account used in incurring the original obligation; an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made; or any other appropriation, fund, or account available for the purpose specified in paragraph (4)(B); and remain available for obligation until expended for the same purpose as the appropriation to which the receipt is credited.
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. 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. Section 8680 of title 10, United States Code, is amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following: 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 ). 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. .
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Sec. 3
Australia, United Kingdom, and United States submarine security activities
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