[Congressional Record Volume 169, Number 52 (Wednesday, March 22, 2023)]
[House]
[Pages H1309-H1311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPLEMENTATION OF THE ADVANCED CAPABILITIES PILLAR OF THE TRILATERAL
SECURITY PARTNERSHIP BETWEEN AUSTRALIA, THE UNITED KINGDOM, AND THE
UNITED STATES
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1093) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1093
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentleman from New York (Mr. Meeks) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as China continues its aggressive posture in the Indo-
Pacific, strengthening partnerships to deter Chairman Xi are more
important now than ever. I thank my good friend, Ranking Member Meeks,
for standing with me in support of this bipartisan measure.
[[Page H1310]]
The Australia-United Kingdom-United States partnership known as AUKUS
is a long-term security pact to protect peace and stability in the
Indo-Pacific region.
The recent announcement on AUKUS implementation only addressed one
piece of this partnership--cooperation on conventionally-armed,
nuclear-powered submarines, but there is much more to this partnership.
The second pillar of AUKUS is cooperation on advanced capabilities.
The purpose is to collaborate on high-tech research and the application
of systems, such as hypersonics, undersea capabilities, quantum
technologies, artificial intelligence, and much more.
This legislation focuses on ensuring the State Department is
authorizing technology transfers quickly to fully support
implementation of this vital pillar.
We are facing a generational challenge from the Chinese Communist
Party. We must bring all tools to bear in our effort to counter
Chairman Xi's attempts to disrupt the global balance of power. With
AUKUS, our three nations can achieve the shared strategic goal of
defending the Indo-Pacific region while maintaining our technological
and military superiority.
This bill presses the State Department to take action and account for
our arms transfers with the U.K. and Australia so that we can address
any hurdles and act seamlessly now and not wait for a time of crisis or
even war.
For these reasons, I am proud of this bipartisan bill, which will
begin to address numerous long-standing challenges in our arms exports
to our closest allies and potentially serve as a roadmap for working
with other close allies and partners.
I, again, thank Ranking Member Meeks, his team, and our members for
working with my staff to ensure that this bill in support of a new
long-term security pact with our allies becomes a reality.
Mr. Speaker, this bill deserves our unanimous support, and I reserve
the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the chairman and his staff for working
collectively on this bipartisan bill at this very important time.
Clearly, making sure that we are working collectively together with one
voice on this serious issue is of utmost importance to all of us in the
United States of America.
The Biden administration, in coordination with Australia and the
U.K., recently formalized the trilateral security partnership known as
AUKUS, which aims to strengthen shared defense priorities in the Indo-
Pacific. This new security framework represents an important step
forward to the United States and the Indo-Pacific, and for
strengthening our shared capabilities in the strategic competition
defining our world today and for years to come.
Within this broader AUKUS agreement, Pillar 2 advances military
capabilities with the intent of developing and enhancing joint
capabilities between Australia, the U.K., and the United States to
improve security and interoperability in the region. One aspect of this
pillar is improving and synchronizing processes related to arms exports
and sharing of sensitive defense technologies between participants.
This includes encouraging and advising our partners on how to
strengthen the regulatory frameworks to enable closer cooperation while
maintaining appropriate safeguards.
H.R. 1093 requires the State Department to report to Congress on its
efforts toward implementation of the advanced capabilities pillar of
AUKUS, including International Traffic in Arms Regulations and
improvements necessary in partner country regulations to enable secure
and successful implementation.
As the United States looks to build on this important shared security
partnership with Australia and the United Kingdom within the AUKUS
framework, I am proud, again, to co-lead this bipartisan initiative
with Chairman McCaul to ensure we move forward in a meaningful way.
As we engage in strategic competition, sharing our defense
technologies and capabilities in a safe, secure, and regulated manner
with our partners is absolutely critical. Therefore, I encourage my
colleagues, all of my colleagues, Democrats and Republicans, to support
this bill, and I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. MEEKS. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Courtney), my friend from HASC.
Mr. COURTNEY. Mr. Speaker, I rise to enthusiastically support H.R.
1093, a bill that will identify key parts of our Nation's system of
export controls that should be amended and expedited to achieve the
goals of the new Australia-U.K.-U.S. trilateral security agreement
which, as the bill states, will ``contribute to peace and stability in
the Indo-Pacific region.''
Mr. Speaker, I salute and thank Chairman McCaul, Ranking Member
Meeks, and the members and staff of the House Foreign Affairs Committee
for moving swiftly in the wake of last week's extraordinary joint
appearance of President Biden, Australia's Prime Minister Anthony
Albanese, and U.K. Prime Minister Rishi Sunak, publicly revealing our
three nations' commitment to a specific, executable pathway to bolster
much-needed deterrence in support of an international rules-based
order, which today is increasingly under stress.
Mr. Speaker, I had the honor to join these leaders on March 13 at
Naval Base Point Loma in San Diego for this historic announcement. As
was noted repeatedly, it marked the first time since 1958 that the U.S.
and the U.K. pledged to share critical technologies with another
country.
In addition to sharing nuclear propulsion technology to recapitalize
Australia's submarine fleet, the three governments also committed to
sharing other security capabilities, including quantum computing,
artificial intelligence, cybersecurity, and hypersonics.
Pooling these advanced capabilities will enhance our three nations'
capability to protect maritime freedom of navigation and aviation,
which have been the pillars of peaceful coexistence in the commons of
the seas and the skies since the end of World War II.
To achieve the goals of the AUKUS plan, it will require all three
countries to use laser-like focus to remove any barriers that might
occur from our system of export controls that are not aligned with this
new enhanced alliance.
Admiral Harry Harris, former commander of Indo-Pacific Command and
former Ambassador to South Korea, said it best at a recent House Armed
Services Committee hearing on the contested environment in the Indo-
Pacific: ``I can't emphasize enough how important it is to get through
this export control issue with Australia. We could have every good
intention in the world, but it will falter if we become bound up by our
own regulation and our own regulatory policy.''
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MEEKS. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Connecticut.
Mr. COURTNEY. Mr. Speaker, this bill heeds that call by directing the
State Department to inventory any and all administrative and statutory
barriers to AUKUS implementation and report that back to Congress
within 60 days. This is exactly what Congress needs to do.
Mr. Speaker, I will end by foot stomping the extraordinary bipartisan
support that AUKUS enjoys in all three governments and was on full
display last week in San Diego. Both the majority and opposition
parties in the U.K. and Australia are rock solid in support of this
agreement, and tonight's bill is a strong signal of bipartisan support
in the U.S. Congress.
Indeed, in the last Congress, we overwhelmingly passed the first-ever
congressional action related to AUKUS by authorizing Australian
submariners to begin joint training at the moored training ship
facility in Charleston, South Carolina, and those sailors are here
today. Building on that effort, it is of utmost importance that we
continue our efforts in Congress and identify opportunities to smoothly
implement AUKUS.
The SPEAKER pro tempore. The time of the gentleman has again expired.
Mr. MEEKS. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Connecticut.
[[Page H1311]]
Mr. COURTNEY. Mr. Speaker, as the Australian Prime Minister very well
described a week ago last Monday:
A new chapter in the relationship between Australia, the
United States, and the United Kingdom is about to begin; a
friendship built on our shared values, our commitment to
democracy, and our common vision for a peaceful and
prosperous future.
Mr. Speaker, that is a vision worth pursuing, and that is why I urge
all of my colleagues to support this bill.
Mr. McCAUL. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, H.R. 1093 is an important bipartisan measure which
requires the State Department to report to Congress on its efforts
toward implementation of the advanced capabilities pillar of AUKUS and
improvements necessary in partner country regulations to enable secure
and successful implementation.
As we look to build on and implement our shared security partnerships
with Australia and the United Kingdom encapsulated within the AUKUS
framework, I am proud to co-lead this bipartisan framework with
Chairman McCaul.
In this strategic competition, the most important of our era, sharing
our defense technologies and capabilities in a safe, secure, and
regulated manner will only make us all stronger and more united.
Mr. Speaker, I hope that all of my colleagues will join me in support
of this very important bipartisan bill. I yield back the balance of my
time.
Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, with AUKUS, we seek peace through strength. The previous
administration laid the groundwork to collaborate with our closest
allies and partners in countering China's threat to peace. Our Nation
stood alongside Australia and U.K. for the launch of the AUKUS
trilateral partnership in September of 2021. Now, we are prepared to
best implement this important program.
Through AUKUS, we are declaring that we will not stand idly by for
Chairman Xi and other autocratic leaders to dictate when and under what
circumstances the strength of our resilience is to be tested.
This bipartisan measure is a commitment to our partners. The American
people stand with the U.K. and Australia in preserving freedom.
Together we will uphold the international rules-based order and protect
and preserve the right of sovereign nations to defend themselves.
In the Indo-Pacific, we have seen how one dictator, Chairman Xi, is
defying the free world and threatening the open navigation and the free
flow of trade. This week, Xi met with Putin in Moscow and afterwards
possibly Iran.
Chairman Xi chooses to closely partner with Russia, who launched an
unprovoked war of aggression with Ukraine, where they are committing
barbaric war crimes, as I just returned from Kyiv and Bucha, where I
saw the mass graves.
Mr. Putin also has a long track record of war crimes in Mali, Syria,
and Central African Republic.
Xi also chooses to associate with Iran, whose Revolutionary Guard
Corps is a designated foreign terrorist organization. These alliances
are a clear indication that Xi does not seek peace but chooses to work
with those who wish to destroy it.
Mr. Speaker, today I am proud to speak in a unified voice, as we do
so often on the Foreign Affairs Committee, with my dear friend Mr.
Meeks, in support of this great AUKUS partnership. Again, this measure
deserves our unanimous support.
Mr. Speaker, I yield back the balance of my time.
{time} 1715
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. McCaul) that the House suspend the rules and
pass the bill, H.R. 1093.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________