[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.

                          ____________________