SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The new trilateral security partnership be-
tween 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, nu-
clear-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, nu-
clear-powered submarines then begin forward rota-
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tions 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 en-
hance its undersea presence in the Indo-Pacific re-
gion. 
(7) Pillar 1 of the AUKUS partnership will en-
hance all three nations’ defense industrial capacity 
to produce and sustain interoperable nuclear-pow-
ered submarines, expand collective undersea pres-
ence in the Indo-Pacific, and contribute to freedom 
of navigation, security, and stability in the Indo-Pa-
cific region. 
(8) 
Trilateral 
security 
cooperation 
that 
strengthens joint capabilities, enhances the ability to 
share information and technology safely, and inte-
grates 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 Vir-
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ginia 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 in-
curred 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
REQUIRE-
MENT.—The requirement for the Chief of Naval Op-
erations 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 deter-
mines would improve the submarine industrial 
base. 
(5) 
CREDITING
OF
RECEIPTS.—Notwith-
standing any provision of law pertaining to the cred-
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iting 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 appro-
priation to which the receipt is credited. 
(6) APPLICABILITY
OF
EXISTING
LAW
TO 
TRANSFER SPECIAL NUCLEAR MATERIAL AND UTILI-
ZATION FACILITIES FOR MILITARY APPLICATIONS.— 
(A) IN
GENERAL.—With respect to any 
special nuclear material for use in utilization fa-
cilities or any portion of a vessel transferred 
under this subsection constituting utilization fa-
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cilities 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 de-
scribed 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 SUB-
MARINES.—Section 8680 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(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 refurbish-
ment of a United States submarine involved in submarine 
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