[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4716 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4716
To amend the Arms Export Control Act in support of Australia and the
AUKUS partnership.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2023
Mrs. Kim of California (for herself, Mr. McCaul, and Mr. Kean of New
Jersey) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on
Rules, 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 amend the Arms Export Control Act in support of Australia and the
AUKUS partnership.
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 ``Keeping our Allies Leading in
Advancement Act'' or the ``KOALA Act''.
SEC. 2. EXCEPTIONS FOR AUSTRALIA RELATING TO LICENSING OF DEFENSE
ARTICLES AND DEFENSE SERVICES FOR EXPORT UNDER THE ARMS
EXPORT CONTROL ACT.
(a) In General.--Section 38(j)(1) of the Arms Export Control Act
(22 U.S.C. 2778(j)(1)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Exceptions for australia.--
``(i) In general.--Subject to clause (iii),
the requirement to conclude a bilateral
agreement in accordance with subparagraph (A)
shall not apply with respect to an exemption
for Australia from the licensing requirements
of this Act for the export of defense articles
or defense services that is issued in
furtherance of or in connection with the
multilateral cooperative partnership between
Australia, the United Kingdom, and the United
States announced on September 21, 2021.
``(ii) Relating to other licensing and
approval requirements.--Notwithstanding any
other provision of this section (other than
clause (iii)), the President shall exempt from
the licensing or other approval requirements of
this section exports and transfers (including
reexports, retransfers, temporary imports, and
brokering activities) of defense articles or
defense services between the United States,
Australia, and the United Kingdom.
``(iii) Joint resolution of disapproval.--
``(I) In general.--No exemption
described in clause (i) or (ii) may be
made if Congress enacts a joint
resolution disapproving of the
exemption.
``(II) Consideration in senate.--
Any joint resolution under this clause
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.
``(III) Consideration in the house
of representatives.--For the purpose of
expediting the consideration and
enactment of any joint resolution under
this clause, 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.
``(iv) Inapplicability of certain
certification requirements.--
``(I) In general.--Paragraphs (1)
through (3) of section 3(d) shall not
apply to transfers (including transfers
of United States Government sales or
grants, or commercial exports
authorized under this chapter) of
defense articles or defense services to
Australia.
``(II) Report.--The President shall
submit to the Speaker of the House of
Representatives, the Committee on
Foreign Affairs of the House of
Representatives, and the Committee on
Foreign Relations of the Senate on a
semiannual basis a report on all
transfers that would be subject to the
requirements of paragraphs (1) and (2)
of section 3(d) but for the application
of subclause (I), except for marketing
or brokering activities, temporary
imports, or amendments to existing
marketing or brokering licenses. Any
such report shall contain all of the
information required to be contained in
certifications issued pursuant to
section 3(d)(1) for each transfer
identified.
``(v) Aukus transfer reporting
requirements.--Any United States person
transferring a defense item between or among
the United States, the United Kingdom, and
Australia that would have required a license
under this section but for an exemption issued
pursuant to clause (i) or (ii) of this
subsection shall report that transfer to the
Secretary no later than 90 days after the
transfer occurs.''.
(b) Modification of Exception for Defense Trade Cooperation
Treaties.--Subparagraph (D) of section 38(j)(1) of the Arms Export
Control Act (22 U.S.C. 2778(j)(1)), as so redesignated by subsection
(a)(1), is further amended--
(1) by striking ``(D) Exception'' and all that follows
through ``(i) In general.--The'' and inserting ``(D) Exception
for defense trade cooperation treaties.--The'';
(2) by striking ``(I) The Treaty'' and inserting the
following:
``(i) The Treaty'';
(3) by striking ``(II) The Treaty'' and inserting the
following:
``(ii) The Treaty''; and
(4) by striking clause (ii) at the end.
(c) Advance Certification.--Paragraph (3) of section 38(j) of the
Arms Export Control Act (22 U.S.C. 2778(j)) is amended by inserting
after ``export of defense items'' the following: ``subject to the
requirements of paragraph (1)(A)''.
SEC. 3. MODIFICATIONS OF CIVIL AND CRIMINAL PENALTIES UNDER SECTIONS 38
AND 39 OF THE ARMS EXPORT CONTROL ACT.
Subsection (c) of section 38 of the Arms Export Control Act (22
U.S.C. 2778(c)) is amended--
(1) by striking ``$1,000,000'' and inserting
``$5,000,000''; and
(2) by striking ``20 years'' and inserting ``25 years''.
SEC. 4. EFFECTIVE DATE.
The amendments made by sections 2 and 3 shall take effect on the
date that is 180 days after the date of the enactment of this Act.
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