[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4725 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4725
To conduct oversight and accountability of the State Department's
implementation of AUKUS, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2023
Mr. McCaul (for himself, Mrs. Kim of California, Mr. Kean of New
Jersey, and Mr. Huizenga) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To conduct oversight and accountability of the State Department's
implementation of AUKUS, 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 Oversight and Accountability
Act'' or the ``AOA Act''.
SEC. 2. ESTABLISHMENT OF SENIOR ADVISOR.
(a) Senior Advisor for AUKUS.--
(1) In general.--The Secretary of State shall appoint, from
among the leadership of the Department above the rank of Under
Secretary, a senior advisor at the Department of State (in this
section referred to as the ``Senior Advisor''), who shall
concurrently oversee and coordinate the implementation of the
AUKUS partnership announced September 15, 2021. The Senior
Advisor shall report directly to the Secretary of State.
(2) Use of existing authorization.--No additional amounts
are authorized to be appropriated to establish the senior
advisor described in subsection (a).
(3) Duties.--It shall be the duty of the Senior Advisor
to--
(A) coordinate efforts to implement the AUKUS
agreement across relevant bureaus, directorates, and
offices of the Department of State;
(B) represent the Department of State on matters
relating to AUKUS in the interagency process;
(C) engage with relevant governing bodies in the
United Kingdom and Australia; and
(D) issue guidance, including proposed regulations,
to reduce barriers to defense collaboration,
innovation, trade, and production with the Governments
and industry partners of the United States, United
Kingdom, and Australia.
(b) AUKUS Task Force.--
(1) Establishment.--The Secretary of State shall establish
a Task Force on AUKUS Governance (in this section referred to
as the ``Task Force''), led by the Senior Advisor appointed
pursuant to subsection (a).
(2) Use of existing authorization.--No additional amounts
are authorized to be appropriated to establish the Task Force
described in paragraph (1).
(3) Personnel to support the senior advisor.--The Secretary
of State shall ensure that the Senior Advisor is adequately
staffed through the assignment of existing Department employees
and appointment of officials representing relevant bureaus.
(4) Duties.--It shall be the duty of the Task Force to--
(A) meet at least once every 60 days to coordinate
on issues pertaining to the successful implementation
of the AUKUS agreement;
(B) coordinate an ongoing working group among the
interagency on the effectiveness of arms export
regulations and laws relevant to implementation of the
AUKUS agreement that may be joined by appropriate
officials of the United Kingdom and Australia;
(C) create and maintain a unified list of all
defense-related transactions that have taken place
under any agreement between the United States,
Australia, and the United Kingdom;
(D) create and maintain a list of vendors that
commonly participate in defense-related trade between
United States, Australia, and the United Kingdom;
(E) coordinate the design and implementation of an
established pathway for United States defense partners
and treaty allies to obtain exemptions from the
licensing and other approval requirements of section 38
of the Arms Export Control Act of 1976 (22 U.S.C. 2778)
for exports and transfers of defense articles and
defense services;
(F) create a framework for gathering, maintaining,
and exchanging information pertaining to companies,
individuals, or entities engaged in compromising
technology security in contravention to the AUKUS
agreement; and
(G) establish an AUKUS industry forum for industry
stakeholders, including non-traditional defense
contractors (as such term is defined in section 3014 of
title 10, United States Code), that will be open for
the participation of foreign industry involved in the
AUKUS partnership.
(5) Reports required.--
(A) Quarterly reporting.--The Senior Advisor shall
submit to the appropriate congressional committees a
report every 90 days that includes--
(i) a detailed description of the work of
the Senior Advisor and any meetings of the Task
Force that have taken place since the preceding
report was issued, including meetings conducted
with AUKUS partners, industry representatives,
or the interagency;
(ii) a detailed description of any issues
that representatives of the United Kingdom or
Australia have brought to the attention of the
United States that threaten the stated goals of
the AUKUS agreement and any efforts within the
Department to resolve these issues;
(iii) any delays and the reasons for these
delays to defense-related transactions between
the United States, the United Kingdom, and
Australia, reflecting government and industry
input;
(iv) detailed description of Department
investigations into violations under section 38
of the Arms Export Controls Act (22 U.S.C.
2778) or related provisions that involve AUKUS
partners or entities in the United States, the
United Kingdom, and Australia; and
(v) any violations of the Arms Export
Control Act (22 U.S.C. 2751 et seq.) or related
regulations committed by United States persons
with respect to transactions involving the
United Kingdom or Australia.
(B) Annual reporting.--The Senior Advisor shall
annually submit to the appropriate congressional
committees a report listing the transactions that have
taken place involving the AUKUS partners and
including--
(i) a description of programs authorized
under the AUKUS agreement;
(ii) an identification of the AUKUS
entities involved;
(iii) a list of all exports and transfers
that would be subject to the requirements of
paragraph (1), (2), or (3) of section 3(d) of
the Arms Export Control Act (22 U.S.C.
2753(d)), except for marketing or brokering
activities, temporary imports, commodity
jurisdiction determinations, or amendments to
existing marketing or brokering licenses; and
(iv) a valuation of the reduction in
Department licensing review times eliminated,
including review times reduced across the
interagency.
(6) Resources for the task force.--
(A) Registration and other fees.--Section 45 of the
State Department Basic Authorities Act of 1956 (22
U.S.C. 2717) is amended--
(i) in the matter preceding paragraph (1)--
(I) in the first sentence, by
striking ``100 percent of the
registration fees collected by the
Office of Defense Trade Controls of the
Department of State'' and inserting
``100 percent of the defense trade
control registration fees collected by
the Department of State''; and
(II) in the second sentence, by
inserting ``management, licensing,
compliance, or policy activities in the
defense trade controls function,
including'' after ``incurred for'';
(ii) in paragraph (1), by striking
``contract personnel to assist in'';
(iii) in paragraph (2), by striking ``;
and'' and inserting a semicolon;
(iv) in paragraph (3), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following new
paragraphs:
``(4) the facilitation of defense trade policy development,
implementation, and cooperation, including implementation of
the trilateral security partnership between the United States,
the United Kingdom, and Australia, review of commodity
jurisdiction determinations, outreach to United States industry
and foreign parties, and analysis of scientific and
technological developments as they relate to the exercise of
defense trade control authorities; and
``(5) contract personnel to assist in such activities.''.
(B) Use of foreign military sales administrative
funds.--Notwithstanding paragraph (3) of section 43(b)
of the Arms Export Control Act (22 U.S.C. 2792(b)(3)),
with respect to sales under such Act for which a loan,
grant, or guaranty is not provided by the United
States, the President may authorize charges for
administrative services calculated under section
21(e)(1)(A) of such Act (22 U.S.C. 2761(e)(1)(A)) to
include resources necessary to support the sustainment
of the Task Force.
(c) Sunset.--The position of the Senior Advisor and the Task Force
shall terminate on the date that is 7years after the date of the
enactment of this Act.
(d) Renewal.--The Secretary of State may renew the position of the
Senior Advisor for an additional period of 4 years, following
notification to the appropriate congressional committees of the
renewal.
SEC. 3. MODIFICATIONS TO ARMS EXPORT CONTROL ACT AND OTHER AUTHORITIES.
(a) Expansion of Authorities To Control Arms Exports and Imports.--
Section 38 of the Arms Export Control Act of 1976 (22 U.S.C. 2778) is
amended by adding at the end the following new subsection:
``(l) Exemption From Licensing and Approval Requirements.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section, the
President, acting through the Secretary of State, may exempt
from the licensing or other approval requirements of this
section exports and transfers (including reexports,
retransfers, temporary imports, and brokering activities) of
defense items with respect to one or more countries.
``(2) Required standards of export controls.--The Secretary
of State may only exercise the authority under paragraph (1)
after the Secretary submits to Congress a certification that
the applicable country has implemented standards for a systems
of export controls--
``(A) that satisfies the elements of subsection
(j)(2)(A) with respect to defense items; and
``(B) that are at least comparable to those
administered by the United States with respect to the
provision of military training.
``(3) Additional exemption from certain certification
requirements.--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 Act) with respect to which the requirements of this
section are exempted pursuant to paragraph (1).
``(4) Reporting required for exempted transfers.--The
Secretary of State shall require any person transferring a
defense item between or among the United States and another
country that would be subject to the licensing requirements of
paragraphs (1) through (3) of section 3(d) but for the
application of paragraph (3) of this subsection to report that
transfer to the Secretary not later than 90 days after the
transfer occurs.''.
(b) United States Munitions List Periodic Review.--
(1) In general.--The Secretary of State, acting through
authority delegated by the President to carry out periodic
reviews of items on the United States Munitions List under
section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)) and in coordination with the Secretary of Defense, the
Secretary of Energy, the Secretary of Commerce, and the
Director of the Office of Management and Budget, shall carry
out such reviews not less frequently than every 3 years.
(2) Scope.--The periodic reviews described in paragraph (1)
shall focus on matters including--
(A) interagency resources to address current
threats faced by the United States;
(B) the evolving technological and economic
landscape;
(C) the widespread availability of certain
technologies and items on the United States Munitions
List; and
(D) risks of misuse of United States-origin defense
articles.
(3) Consultation.--The Department of State may consult with
the Defense Trade Advisory Group and other interested parties,
including nontraditional defense contractors, in conducting the
periodic review described in paragraph (1).
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, Committee on
the Armed Services, and Committee on Appropriations of
the House of Representatives; and
(B) the Committee on Foreign Relations, Committee
on the Armed Services, and Committee on Appropriations
of the Senate.
(2) AUKUS agreement.--The term ``AUKUS agreement'' means
the trilateral security partnership between the United States,
the United Kingdom, and Australia that was announced on
September 15, 2021.
<all>