118 HR 4619 IH: AUKUS Submarine Transfer Authorization Act
U.S. House of Representatives
2023-07-13
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 4619
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.
1.

Short title
This Act may be cited as the “AUKUS Submarine Transfer Authorization Act”.
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.
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.