Security Cooperation Act of 2010
PL 111-266 (S.3847), enacted 10/08/2010

124 STAT. 2797 
PUBLIC LAW 111–266—OCT. 8, 2010 
Public Law 111–266 
111th Congress 
An Act 
To implement certain defense trade cooperation treaties, 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 ‘‘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 
22 USC 2751 
note. 
Defense Trade 
Cooperation 
Treaties 
Implementation 
Act of 2010. 
22 USC 2751 
note. 
Security 
Cooperation Act 
of 2010. 
Oct. 8, 2010 
[S. 3847] 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00540
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2798 
PUBLIC LAW 111–266—OCT. 8, 2010 
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 Coopera-
tion, 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)— 
‘‘(I) complete rocket systems (including bal-
listic 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 produc-
tion facilities, software, or technology for these 
systems, as defined in the Missile Technology Con-
trol 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, soft-
ware, 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 sys-
tems, as that term is used in such Annex, including 
associated production facilities, software, or tech-
nology; 
‘‘(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 per-
tains 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 spe-
cific to the design and testing of nuclear weapons 
which are controlled under United States Muni-
tions 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, 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00541
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2799 
PUBLIC LAW 111–266—OCT. 8, 2010 
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 exemp-
tion under subsection (j)(1) to give effect to a treaty referred 
to in subsection (j)(1)(C)(i) (and any implementing arrange-
ments 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 
Deadlines. 
Applicability. 
22 USC 2778. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00542
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2800 
PUBLIC LAW 111–266—OCT. 8, 2010 
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 para-
graph (1) of this subsection.’’. 
(2) COMMERCIAL
TECHNICAL
ASSISTANCE
OR
MANUFAC-
TURING 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 para-
graph (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 arrange-
ment 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 amend-
ment 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, pro-
grams, and projects to which the treaty applies; 
Applicability. 
22 USC 2778 
note. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00543
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2801 
PUBLIC LAW 111–266—OCT. 8, 2010 
(B) any amendment to section 3, paragraphs (1) or 
(2) that modifies the criteria governing end-use require-
ments and the requirements for approved community mem-
bers 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 commu-
nity 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 commu-
nity 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, amend-
ments 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, pro-
grams, and projects to which the treaty applies; 
(B) any amendment to section 3, paragraphs (1) or 
(2) that modifies the criteria governing end-use require-
ments and the requirements for approved community mem-
bers 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; 
(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 commu-
nity under the treaty for nongovernmental Australian enti-
ties and facilities; 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00544
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2802 
PUBLIC LAW 111–266—OCT. 8, 2010 
(F) any amendment to section 6, paragraph (9) that 
modifies the conditions for suspending or removing an Aus-
tralian 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 imple-
menting 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 imple-
menting arrangement thereto), or in any regulation issued to imple-
ment 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). 
22 USC 2778 
note. 
President. 
22 USC 2778 
note. 
Deadline. 
President. 
Reports. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00545
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2803 
PUBLIC LAW 111–266—OCT. 8, 2010 
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 RECIPI-
ENTS. 
(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 COR-
MORANT (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 NEW-
PORT 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 SHIP-
YARDS.—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 ship-
yard. 
(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. 
Time period. 
President. 
President. 
Naval Vessel 
Transfer Act of 
2010. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00546
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 2804 
PUBLIC LAW 111–266—OCT. 8, 2010 
LEGISLATIVE HISTORY—S. 3847: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Sept. 27, considered and passed Senate. 
Sept. 28, considered and passed House. 
TITLE III—OTHER MATTERS 
SEC. 301. EXPEDITED CONGRESSIONAL DEFENSE EXPORT REVIEW 
PERIOD FOR ISRAEL. 
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
amended— 
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 
36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
‘‘Israel,’’ before ‘‘or New Zealand’’ each place it appears; and 
(2) in section 3(b)(2), by inserting ‘‘the Government of 
Israel,’’ before ‘‘or the Government of New Zealand’’. 
SEC. 302. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. 
(a) DEPARTMENT
OF DEFENSE APPROPRIATIONS ACT, 2005.— 
Section 12001(d) of the Department of Defense Appropriations Act, 
2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking 
‘‘more than 4 years after’’ and inserting ‘‘more than 8 years after’’. 
(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 514(b)(2)(A) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) 
is amended by striking ‘‘fiscal years 2007 and 2008’’ and inserting 
‘‘fiscal years 2011 and 2012’’. 
Approved October 8, 2010. 
22 USC 2753, 
2761, 2776, 
2796a, 2796b. 
VerDate Mar 15 2010 
07:50 Dec 07, 2012
Jkt 089194
PO 00003
Frm 00547
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2010\PT3\89194PT3.001
89194PT3
dkrause on DSKHT7XVN1PROD with $$_JOB