[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1093 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
1st Session
H. R. 1093
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2023
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To direct the Secretary of State to submit to Congress a report on
implementation of the advanced capabilities pillar of the trilateral
security partnership between Australia, the United Kingdom, and the
United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. IMPLEMENTATION OF THE ADVANCED CAPABILITIES PILLAR OF THE
TRILATERAL SECURITY PARTNERSHIP BETWEEN AUSTRALIA, THE
UNITED KINGDOM, AND THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the enhanced 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) to this end, implementation of the AUKUS partnership
will require a whole-of-government review of processes and
procedures for Australia, the United Kingdom, and the United
States to benefit from such partnership and, in particular, to
support joint development of advanced capabilities;
(3) the Department of State plays a pivotal role in the
administration of arms exports and sales programs under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the
Arms Export Control Act (22 U.S.C. 2751 et seq.);
(4) the Department of State should work in coordination
with the Department of Defense and other relevant United States
Government agencies to seek to expeditiously implement the
AUKUS partnership; and
(5) the Department of State, in coordination with the
Department of Defense, should clearly communicate any United
States requirements to address matters related to the
technology security and export control measures of Australia
and the United Kingdom.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
appropriate congressional committees a report on efforts of the
Department of State to implement the advanced capabilities
pillar of the AUKUS partnership.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) For each of the calendar years 2021 and 2022--
(i) the average and median times for the
United States Government to review applications
for licenses to export defense articles or
defense services to persons, corporations, and
the governments (including agencies and
subdivisions of such governments, including
official missions of such governments) of
Australia or the United Kingdom;
(ii) the average and median times for the
United States Government to review applications
from Australia and the United Kingdom for
foreign military sales beginning from the date
Australia or the United Kingdom submitted a
letter of request that resulted in a letter of
acceptance with; and
(iii) the number of applications from
Australia and the United Kingdom for licenses
to export defense articles and defense services
that were denied or approved with provisos,
listed by year.
(B) For each of the fiscal years 2017, 2018, 2019,
2020, 2021, and 2022, the number of voluntary
disclosures resulting in a violation of the
International Traffic in Arms Regulations (ITAR)
enumerated under section 40 of the Arms Export Control
Act (22 U.S.C. 2780) or involving proscribed countries
listed in section 126.1 of the ITAR, by persons,
corporations, and the governments (including agencies
and subdivisions of such governments, including
official missions of such governments) of Australia or
the United Kingdom, including information with respect
to--
(i) any instance of unauthorized access to
technical data or defense articles;
(ii) inadequate physical or cyber security;
(iii) retransfers or re-exports without
authorization; and
(iv) employees of foreign companies that
are United States persons that provide defense
services without authorization.
(C) The value of any civil penalties assessed from
2017 to 2022 for disclosures or violations described in
subparagraph (B) on United States applicants that
involved foreign persons, foreign corporations, and
foreign governments in the United Kingdom or Australia.
(D) A list of relevant United States laws,
regulations, and treaties and other international
agreements to which the United States is a party that
govern authorizations to export defense articles or
defense services that are required to implement the
AUKUS partnership.
(E) An assessment of key recommendations the United
States Government has provided to the governments of
Australia and the United Kingdom to revise laws,
regulations, and policies of such countries that are
required to implement the AUKUS partnership.
(F) An assessment of recommended improvements to
export control laws and regulations of Australia, the
United Kingdom, and the United States that such
countries should make to implement the AUKUS
partnership and to otherwise meet the requirements of
section 38(j)(2) of the Arms Export Control Act (22
U.S.C. 2778(j)(2)), and the challenges Australia and
the United Kingdom have conveyed in meeting these
requirements including with respect to sensitive
defense technology security controls.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Passed the House of Representatives March 22, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.