[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4619 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4619
To authorize the sale of Virginia Class submarines to Australia in
support of the trilateral security partnership between Australia, the
United Kingdom, and the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2023
Mr. Huizenga (for himself and Mr. McCaul) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Rules, and Armed Services, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To authorize the sale of Virginia Class submarines to Australia in
support of the trilateral security partnership between Australia, the
United Kingdom, and the United States, 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 ``AUKUS Submarine Transfer
Authorization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The trilateral security partnership between Australia,
the United Kingdom, and the United States (in this Act referred
to as the ``AUKUS partnership'') provides an opportunity to
deepen maritime cooperation and coordination among the AUKUS
partnership.
(2) The AUKUS partnership reflects our shared interest in a
global rules-based order in which the sovereignty of nation
States, including internal waters and territorial seas, are
threatened.
(3) Underpinned by the 1951 Australia, New Zealand, United
States Security Treaty (commonly referred to as the ``ANZUS
Treaty''), the Australian Defence Force has long played a role
in maintaining peace, security, and prosperity in the Indo-
Pacific region and has also been a global security partner in
addressing global threats, including the global war on
terrorism.
(4) The Australian Government Defence Strategic Review,
released on April 24, 2023, recognizes the need for a biennial
National Defense Strategy. This Review prioritizes the
acquisition and need for Australian infrastructure for the
sustainment of nuclear-powered submarines through the AUKUS
partnership.
(5) The AUKUS partnership furthers United States national
security interests by ensuring partner countries develop and
provide joint advanced military capabilities to promote
security and stability in the Indo-Pacific region without
governmental barriers to innovation.
(6) United States arms exports conducted 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.)--
(A) advance national security and foreign policy
interests of the United States; and
(B) also support the United States defense
industrial base and defense procurements.
SEC. 3. AUTHORIZATION OF SALE OF VIRGINIA CLASS SUBMARINES TO
AUSTRALIA.
(a) In General.--Notwithstanding any other provision of law, the
President is authorized to transfer up to two Virginia Class submarines
from the inventory of the Department of the Navy to the Government of
Australia on a sale basis, during the 15-year period beginning on the
date of the enactment of this Act, to implement the AUKUS partnership.
(b) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer of a vessel authorized under subsection
(a) shall be charged to the recipient notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(c) Repair and Refurbishment.--
(1) In general.--To the maximum extent practicable, the
President shall require, as a condition of a transfer of a
vessel authorized under subsection (a), 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 that recipient, performed at a
shipyard located in the United States.
(2) Personnel.--Repair or refurbishment described in
paragraph (1) may be carried out by personnel of the United
States, the United Kingdom, or Australia in accordance with the
international arrangements governing submarine security
activities under the AUKUS partnership.
(d) Certification.--
(1) In general.--Not less 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 impact United States undersea
operational requirements;
(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 has the industrial capacity
to meet and maintain the submarine production
requirements needed to meet both the need for Virginia
class and Columbia class submarines;
(C) the United States has the capacity to produce
enough highly enriched uranium to meet the needs of the
Department of Defense for the next 10 years;
(D) the Government of Australia has provided the
necessary funds and support for the additional capacity
required to meet the United States submarine fleet
requirements; and
(E) the Government Australia has demonstrated the
sovereign capability to host and operate the vessels
authorized to be transferred.
(2) Joint resolution of disapproval.--
(A) In general.--The President may not transfer a
vessel authorized under subsection (a) if, within the
270-day period prior to the proposed transfer, a joint
resolution is enacted into law prohibiting the proposed
transfer.
(B) Senate procedures.--Any joint resolution
described in this paragraph shall be considered in the
Senate in accordance with the provision of section
601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(C) House procedures.--For the purpose of
expediting the consideration and enactment of a joint
resolution described in this paragraph, a motion to
proceed to the consideration of any such joint
resolution after it has been reported by the
appropriate committee shall be treated as highly
privileged in the House of Representatives.
(3) Non-applicability.--Section 8678 of title 10, United
States Code, shall not apply with respect to the transfer of
vessels authorized under subsection (a).
(e) Crediting of Receipts.--
(1) In general.--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 of vessels authorized under subsection (a) shall--
(A) be credited, at the discretion of the Secretary
of Defense 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 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) Report.--Not later than 30 days after the receipt of
funds as described in paragraph (1), the Secretary of Defense,
in coordination with the Secretary of State and the
Administrator of the National Nuclear Security Administration,
shall submit to the appropriate congressional committees and
leadership a report on the matters described in subparagraphs
(A) and (B) of paragraph (1).
(f) Applicability of Existing Law To Transfer of Special Nuclear
Material and Utilization Facilities for Military Applications.--
(1) In general.--With respect to any special nuclear
material for use in utilization facilities or any portion of a
vessel transferred under subsection (a) constituting
utilization facilities for military applications under section
91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), the
transfer of such material or such facilities shall only occur
in accordance with such section 91.
(2) Use of funds.--The Administrator of the National
Nuclear Security Administration may use proceeds from a
transfer described in subparagraph (1) 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.
(g) Transfer or Export of Defense Services.--
(1) In general.--Notwithstanding any other provision of
law, the President may transfer or authorize the export of
defense services (as such term is defined in section 47 of the
Arms Export Control Act (22 U.S.C. 2794)) to the Government of
Australia and the Government of the United Kingdom in support
of a transfer of vessels authorized under subsection (a).
(2) Authority to export to australian and united kingdom
private-sector personnel.--The transfer or export of defense
services under this subsection may be directly exported to
private-sector personnel of Australia or to private-sector
personnel of the United Kingdom to support the development of
the Australian submarine industrial base necessary for
submarine security activities between members of the AUKUS
partnership, including in the case in which such private-sector
personnel are not officers, employees, or agents of the
Government of Australia or the Government of the United Kingdom
in accordance with the requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
(h) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for 15 years,
the Secretary of Defense, in coordination with the Secretary of
State and the Administrator of the National Nuclear Security
Administration, shall submit to the appropriate congressional
committees and leadership a report describing the status of--
(A) 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) the Integrated Master Schedules for Virginia
and Columbia production over the next 15 years, to
include the total number of nuclear powered attack
submarines and nuclear powered ballistic missile
submarines the Department of Defense plans to procure;
(E) whether 12 nuclear powered ballistic missile
submarines is sufficient to meet the requirements of
the United States Strategic Command or whether
additional nuclear powered ballistic missile submarines
will be required;
(F) a list of transfers or exports of defense
services authorized under subsection (g) and the
private-sector personnel of Australia or the private-
sector personnel of the United Kingdom to whom the
defense services were exported; and
(G) bilateral or trilateral agreements between
countries of the AUKUS partnership relevant to the
transfer of vessels authorized under subsection (a).
(2) Form.--The report required by this subsection shall be
submitted in classified form.
(i) Appropriate Congressional Committees and Leadership Defined.--
In this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Speaker of the House of Representatives and the
Committee on Foreign Affairs, the Committee on Armed Services,
and the Committee on Appropriations of the House of
Representatives; and
(2) the majority leader of the Senate and the Committee on
Armed Services, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
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