[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.