[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4619 Introduced in House (IH)]

<DOC>






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.
                                 <all>