[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3113-S3118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 933. Mr. MENENDEZ (for himself, Mr. Kaine, Mr. Schatz, and Mr. 
Schumer) submitted an amendment intended to be proposed by him to the 
bill S. 2226, to authorize appropriations for fiscal year 2024 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        Strike sections 6801 through 6841 and insert the 
     following:

     SEC. 6801. DEFINITIONS.

       In this title:
       (1) Activities necessary for the safe hosting and operation 
     of nuclear-powered submarines.--The term ``activities 
     necessary for the safe hosting and operation of nuclear-
     powered submarines'' means each of the following activities 
     as it relates to Virginia class and Astute class submarines, 
     as appropriate, and in accordance with applicable United 
     States Navy or other Government

[[Page S3114]]

     agency instructions, regulations, and standards:
       (A) Maintenance.
       (B) Training.
       (C) Technical oversight.
       (D) Safety certifications.
       (E) Physical, communications, operational, cyber, and other 
     security measures.
       (F) Port operations and infrastructure support.
       (G) Storage, including spare parts, repair parts, and 
     munitions.
       (H) Hazardous material handling and storage.
       (I) Information technology systems.
       (J) Support functions, including those related to medical, 
     quality-of-life, and family needs.
       (K) Such other related tasks as may be specified by the 
     Secretary of Defense.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
       (3) AUKUS partnership.--
       (A) In general.--The term ``AUKUS partnership'' means the 
     enhanced trilateral security partnership between Australia, 
     the United Kingdom, and the United States announced in 
     September 2021.
       (B) Pillars.--The AUKUS partnership includes the following 
     two pillars:
       (i) Pillar One is focused on developing a pathway for 
     Australia to acquire conventionally armed, nuclear-powered 
     submarines.
       (ii) Pillar Two is focused on enhancing trilateral 
     collaboration on advanced defense capabilities, including 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (4) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations).

              Subtitle A--Outlining the AUKUS Partnership

     SEC. 6811. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the AUKUS partnership is integral to United States 
     national security, increasing United States and allied 
     capability in the undersea domain of the Indo-Pacific, and 
     developing cutting edge military capabilities;
       (2) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia, if implemented appropriately, will 
     position the United States and its allies to maintain peace 
     and security in the Indo-Pacific;
       (3) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will be safely implemented with the 
     highest nonproliferation standards in alignment with--
       (A) safeguards established by the International Atomic 
     Energy Agency; and
       (B) the Additional Protocol to the Agreement between 
     Australia and the International Atomic Energy Agency for the 
     application of safeguards in connection with the Treaty on 
     the Non-Proliferation of Nuclear Weapons, signed at Vienna 
     September 23, 1997;
       (4) the United States will enter into a mutual defense 
     agreement with Australia, modeled on the 1958 bilateral 
     mutual defense agreement with the United Kingdom, for the 
     sole purpose of facilitating the transfer of naval nuclear 
     propulsion technology to Australia;
       (5) working with the United Kingdom and Australia to 
     develop and provide joint advanced military capabilities to 
     promote security and stability in the Indo-Pacific will have 
     tangible impacts on United States military effectiveness 
     across the world;
       (6) in order to better facilitate cooperation under Pillar 
     2 of the AUKUS partnership, it is imperative that every 
     effort be made to streamline United States export controls 
     consistent with necessary and reciprocal security safeguards 
     on United States technology at least comparable to those of 
     the United States;
       (7) the trade authorization mechanism for the AUKUS 
     partnership administered by the Department is a critical 
     first step in reimagining the United States export control 
     system to carry out the AUKUS partnership and expedite 
     technology sharing and defense trade among the United States, 
     Australia, and the United Kingdom; and
       (8) the vast majority of United States defense trade with 
     Australia is conducted through the Foreign Military Sales 
     (FMS) process, the preponderance of defense trade with the 
     United Kingdom is conducted through Direct Commercial Sales 
     (DCS), and efforts to streamline United States export 
     controls should focus on both Foreign Military Sales and 
     Direct Commercial Sales.

     SEC. 6812. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE 
                   DEPARTMENT OF STATE.

       (a) In General.--There shall be a Senior Advisor for the 
     AUKUS partnership at the Department, who--
       (1) shall report directly to the Secretary; and
       (2) may not hold another position in the Department 
     concurrently while holding the position of Senior Advisor for 
     the AUKUS partnership.
       (b) Duties.--The Senior Advisor shall--
       (1) be responsible for coordinating efforts related to the 
     AUKUS partnership across the Department, including the 
     bureaus engaged in nonproliferation, defense trade, security 
     assistance, and diplomatic relations in the Indo-Pacific;
       (2) serve as the lead within the Department for 
     implementation of the AUKUS partnership in interagency 
     processes, consulting with counterparts in the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Office of Naval Reactors, and any other relevant 
     agencies;
       (3) lead diplomatic efforts related to the AUKUS 
     partnership with other governments to explain how the 
     partnership will enhance security and stability in the Indo-
     Pacific; and
       (4) consult regularly with the appropriate congressional 
     committees, and keep such committees fully and currently 
     informed, on issues related to the AUKUS partnership, 
     including in relation to the AUKUS Pillar 1 objective of 
     supporting Australia's acquisition of conventionally armed, 
     nuclear-powered submarines and the Pillar 2 objective of 
     jointly developing advanced military capabilities to support 
     security and stability in the Indo-Pacific, as affirmed by 
     the President of the United States, the Prime Minister of the 
     United Kingdom, and the Prime Minister of Australia on April 
     5, 2022.
       (c) Personnel to Support the Senior Advisor.--The Secretary 
     shall ensure that the Senior Advisor is adequately staffed, 
     including through encouraging details, or assignment of 
     employees of the Department, with expertise related to the 
     implementation of the AUKUS partnership, including staff with 
     expertise in--
       (1) nuclear policy, including nonproliferation;
       (2) defense trade and security cooperation, including 
     security assistance; and
       (3) relations with respect to political-military issues in 
     the Indo-Pacific and Europe.
       (d) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, and not later than 90 days 
     after a Senior Advisor assumes such position, the Secretary 
     shall notify the appropriate congressional committees of the 
     number of full-time equivalent positions, relevant expertise, 
     and duties of any employees of the Department or detailees 
     supporting the Senior Advisor.
       (e) Sunset.--
       (1) In general.--The position of the Senior Advisor for the 
     AUKUS partnership shall terminate on the date that is 8 years 
     after the date of the enactment of this Act.
       (2) Renewal.--The Secretary may renew the position of the 
     Senior Advisor for the AUKUS partnership for 1 additional 
     period of 4 years, following notification to the appropriate 
     congressional committees of the renewal.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

     SEC. 6821. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraphs (3), (4), and (11), 
     the President may, under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761)--
       (A) transfer not more than two Virginia class submarines 
     from the inventory of the United States Navy to the 
     Government of Australia on a sale basis; and
       (B) transfer not more than one additional Virginia class 
     submarine to the Government of Australia on a sale basis.
       (2) Requirements not applicable.--A sale carried out under 
     paragraph (1)(B) shall not be subject to the requirements 
     of--
       (A) section 36 of the Arms Export Control Act (22 U.S.C. 
     2776); or
       (B) section 8677 of title 10, United States Code.
       (3) Certification; briefing.--
       (A) Presidential certification.--The President may exercise 
     the authority provided by paragraph (1) not earlier than 60 
     days after the date on which the President certifies to the 
     appropriate congressional committees that any submarine 
     transferred under such authority shall be used to support the 
     joint security interests and military operations of the 
     United States and Australia.
       (B) Waiver of chief of naval operations certification.--The 
     requirement for the Chief of Naval Operations to make a 
     certification under section 8678 of title 10, United States 
     Code, shall not apply to a transfer under paragraph (1).
       (C) Briefing.--Not later than 90 days before the sale of 
     any submarine under paragraph (1), the Secretary of the Navy 
     shall provide to the appropriate congressional committees a 
     briefing on--
       (i) the impacts of such sale to the readiness of the 
     submarine fleet of the United States, including with respect 
     to maintenance timelines, deployment-to-dwell ratios, 
     training, exercise participation, and the ability to meet 
     combatant commander requirements;
       (ii) the impacts of such sale to the submarine industrial 
     base of the United States, including with respect to 
     projected maintenance requirements, acquisition timelines for 
     spare and replacement parts, and future procurement of 
     Virginia class submarines for the submarine fleet of the 
     United States; and

[[Page S3115]]

       (iii) other relevant topics as determined by the Secretary 
     of the Navy.
       (4) Required mutual defense agreement.--Before any transfer 
     occurs under subsection (a), the United States and Australia 
     shall have a mutual defense agreement in place, which shall--
       (A) provide a clear legal framework for the sole purpose of 
     Australia's acquisition of conventionally armed, nuclear-
     powered submarines; and
       (B) meet the highest nonproliferation standards for the 
     exchange of nuclear materials, technology, equipment, and 
     information between the United States and Australia.
       (5) Subsequent sales.--A sale of a Virginia class submarine 
     that occurs after the sales described in paragraph (1) may 
     occur only if such sale is explicitly authorized in 
     legislation enacted after the date of the enactment of this 
     Act.
       (6) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under paragraph (1) 
     shall be charged to the Government of Australia.
       (7) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 of the Arms Export Control Act (22 
     U.S.C. 2761), any funds received by the United States 
     pursuant to a transfer under paragraph (1) shall--
       (A) be credited, at the discretion of the President, to--
       (i) the fund or account used in incurring the original 
     obligation for the acquisition of submarines transferred 
     under paragraph (1);
       (ii) an appropriate fund or account available for the 
     purposes for which the expenditures for the original 
     acquisition of submarines transferred under paragraph (1) 
     were made; or
       (iii) any other fund or account available for the purpose 
     specified in paragraph (8)(B); and
       (B) remain available for obligation until expended.
       (8) Use of funds.--Subject to paragraphs (9) and (10)(A), 
     the President may use funds received pursuant to a transfer 
     under paragraph (1)--
       (A) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia; or
       (B) for improvements to the submarine industrial base of 
     the United States.
       (9) Plan for use of funds.--Before any use of any funds 
     received pursuant to a transfer under paragraph (1), the 
     President shall submit to the appropriate congressional 
     committees a plan detailing how such funds will be used, 
     including specific amounts and purposes.
       (10) Notification and report.--
       (A) Achievement.--Not later than 30 days before the date of 
     the first delivery of a submarine under paragraph (1), the 
     President shall notify the appropriate congressional 
     committees that--
       (i) Submarine Rotational Forces-West Full Operational 
     Capability to support 4 rotationally deployed Virginia class 
     submarines and one Astute class submarine has been achieved, 
     including the Government of Australia having demonstrated the 
     domestic capacity to fully perform all the associated 
     activities necessary for the safe hosting and operation of 
     nuclear-powered submarines; and
       (ii) Australia Sovereign-Ready Initial Operational 
     Capability to support a Royal Australian Navy Virginia class 
     submarine has been achieved, including the Government of 
     Australia having demonstrated the domestic capacity to fully 
     perform all the associated--

       (I) activities necessary for the safe hosting and operation 
     of nuclear-powered submarines;
       (II) crewing;
       (III) operations;
       (IV) regulatory and emergency procedures, including those 
     specific to nuclear power plants; and
       (V) detailed planning for enduring Virginia class submarine 
     ownership, including each significant event leading up to and 
     including nuclear defueling.

       (B) Amounts.--Not later than 30 days after the date of any 
     transfer under paragraph (1), and upon any transfer or 
     depositing of funds received pursuant to such a transfer, the 
     President shall notify the appropriate congressional 
     committees of--
       (i) the amount of funds received pursuant to the transfer; 
     and
       (ii) the specific account or fund into which the funds 
     described in clause (i) are deposited.
       (C) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds received 
     pursuant to transfers under paragraph (1) have been fully 
     expended, the President shall submit to the committees 
     described in subparagraph (A) a report that includes an 
     accounting of how funds received pursuant to transfers under 
     paragraph (1) were used in the fiscal year preceding the 
     fiscal year in which the report is submitted.
       (11) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a submarine transferred under paragraph (1) constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The President may use proceeds from a 
     transfer described in subparagraph (A) for the acquisition of 
     submarine naval nuclear propulsion plants and nuclear fuel to 
     replace propulsion plants and fuel transferred to the 
     Government of Australia.
       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, and subject to paragraph (2), the President 
     shall determine the appropriate public or private shipyard in 
     the United States, Australia, or the United Kingdom to 
     perform any repair or refurbishment of a United States 
     submarine involved in submarine security activities between 
     the United States, Australia, and the United Kingdom.
       ``(2) Conditions.--
       ``(A) In general.--The President may determine under 
     paragraph (1) that repair or refurbishment described in such 
     paragraph may be performed in Australia or the United Kingdom 
     only if--
       ``(i) such repair or refurbishment will facilitate the 
     development of repair or refurbishment capabilities in the 
     United Kingdom or Australia;
       ``(ii) such repair or refurbishment will be for a United 
     States submarine that is assigned to a port outside of the 
     United States; or
       ``(iii) the Secretary of Defense certifies to Congress that 
     performing such repair or refurbishment at a shipyard in 
     Australia or the United Kingdom is required due to an exigent 
     threat to the national security interests of the United 
     States.
       ``(B) Consideration.--In making a determination under 
     subparagraph (A), the President shall consider any effects of 
     such determination on the capacity and capability of 
     shipyards in the United States.
       ``(C) Briefing required.--Not later than 15 days after the 
     date on which the Secretary of Defense makes a certification 
     under subparagraph (A)(iii), the Secretary shall brief the 
     congressional defense committees on--
       ``(i) the threat that requires the use of a shipyard in 
     Australia or the United Kingdom; and
       ``(ii) opportunities to mitigate the future potential need 
     to leverage foreign shipyards.
       ``(3) 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 the submarine 
     security activities described in such paragraph.''.

     SEC. 6822. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED 
                   KINGDOM, AND UNITED STATES SUBMARINE SECURITY 
                   ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES 
                   ACCOUNT.

       (a) Acceptance Authority.--The President may accept from 
     the Government of Australia contributions of money made by 
     the Government of Australia for use by the Department of 
     Defense in support of non-nuclear related aspects of 
     submarine security activities between Australia, the United 
     Kingdom, and the United States (AUKUS).
       (b) Establishment of AUKUS Submarine Security Activities 
     Account.--
       (1) In general.--There is established in the Treasury of 
     the United States a special account to be known as the 
     ``AUKUS Submarine Security Activities Account''.
       (2) Crediting of contributions of money.--Contributions of 
     money accepted by the President under subsection (a) shall be 
     credited to the AUKUS Submarine Security Activities Account.
       (3) Availability.--Amounts credited to the AUKUS Submarine 
     Security Activities Account shall remain available until 
     expended.
       (c) Use of AUKUS Submarine Security Activities Account.--
       (1) In general.--Subject to paragraph (2), and only after 
     September 30, 2025, the President may use funds in the AUKUS 
     Submarine Security Activities Account--
       (A) for any purpose authorized by law that the President 
     determines would support submarine security activities 
     between Australia, the United Kingdom, and the United States;
       (B) to carry out a military construction project related to 
     the AUKUS partnership that is not otherwise authorized by 
     law;
       (C) to develop and increase the submarine industrial base 
     workforce by investing in recruiting, training, and retaining 
     key specialized labor at public and private shipyards; or
       (D) to upgrade facilities, equipment, and infrastructure 
     needed to repair and maintain submarines at public and 
     private shipyards.
       (2) Plan for use of funds.--Before any use of any funds in 
     the AUKUS Submarine Security Activities Account, the 
     President shall submit to the appropriate congressional 
     committees a plan detailing--
       (A) the amount of funds in the AUKUS Submarine Security 
     Activities Account; and
       (B) how such funds will be used, including specific amounts 
     and purposes.
       (d) Transfers of Funds.--
       (1) In general.--In carrying out subsection (c) and subject 
     to paragraphs (2) and (5), the

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     President may transfer funds available in the AUKUS Submarine 
     Security Activities Account to an account or fund available 
     to the Department of Defense or any other appropriate agency.
       (2) Department of energy.--In carrying out subsection (c), 
     and in accordance with the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Energy 
     to carry out activities related to submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       (3) Availability for obligation.--Funds transferred under 
     this subsection shall be available for obligation for the 
     same time period and for the same purpose as the account or 
     fund to which transferred.
       (4) Transfer back to account.--Upon a determination by the 
     President that all or part of the funds transferred from the 
     AUKUS Submarine Security Activities Account are not necessary 
     for the purposes for which such funds were transferred, and 
     subject to paragraph (5), all or such part of such funds 
     shall be transferred back to the AUKUS Submarine Security 
     Activities Account.
       (5) Notification and report.--
       (A) Notification.--The President shall notify the 
     appropriate congressional committees of--
       (i) before the transfer of any funds under this 
     subsection--

       (I) the amount of funds to be transferred; and
       (II) the planned or anticipated purpose of such funds; and

       (ii) before the obligation of any funds transferred under 
     this subsection--

       (I) the amount of funds to be obligated; and
       (II) the purpose of the obligation.

       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds transferred 
     under this subsection have been fully expended, the President 
     shall submit to the committees described in subparagraph (A) 
     a report that includes a detailed accounting of--
       (i) the amount of funds transferred under this subsection 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted; and
       (ii) the purposes for which such funds were used.
       (e) Investment of Money.--
       (1) Authorized investments.--The President may invest money 
     in the AUKUS Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       (2) Interest and other income.--Any interest or other 
     income that accrues from investment in securities referred to 
     in paragraph (1) shall be deposited to the credit of the 
     AUKUS Submarine Security Activities Account.
       (f) Relationship to Other Laws.--The authority to accept or 
     transfer funds under this section is in addition to any other 
     authority to accept or transfer funds.

     SEC. 6823. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or export 
     directly to private individuals in Australia defense services 
     that may be transferred to the Government of Australia under 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) to 
     support the development of the submarine industrial base of 
     Australia necessary for submarine security activities between 
     Australia, the United Kingdom, and the United States, 
     including if such individuals are not officers, employees, or 
     agents of the Government of Australia.
       (b) Security Controls.--
       (1) In general.--Any defense service transferred or 
     exported under subsection (a) shall be subject to appropriate 
     security controls to ensure that any sensitive information 
     conveyed by such transfer or export is protected from 
     disclosure to persons unauthorized by the United States to 
     receive such information.
       (2) Certification.--Not later than 30 days before the first 
     transfer or export of a defense service under subsection (a), 
     and annually thereafter, the President shall certify to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that the controls described in paragraph (1) will protect the 
     information described in such paragraph for the defense 
     services so transferred or exported.
       (c) Application of Requirements for Retransfer and 
     Reexport.--Any person who receives any defense service 
     transferred or exported under subsection (a) may retransfer 
     or reexport such service to other persons only in accordance 
     with the requirements of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

     SEC. 6831. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       (a) In General.--The President shall institute policies and 
     procedures for letters of request from Australia and the 
     United Kingdom to transfer defense articles and services 
     under section 21 of the Arms Export Control Act (22 U.S.C. 
     2761) related to AUKUS to receive expedited consideration and 
     processing relative to all other letters of request other 
     than from Taiwan and Ukraine.
       (b) Technology Transfer Policy for Australia, Canada, and 
     the United Kingdom.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, shall create an anticipatory release 
     policy for the transfer of technologies described in 
     paragraph (2) to Australia, the United Kingdom, and Canada 
     through Foreign Military Sales and Direct Commercial Sales 
     that are not covered by an exemption under the International 
     Traffic in Arms Regulations.
       (2) Capabilities described.--The capabilities described in 
     this paragraph are--
       (A) Pillar One-related technologies associated with 
     submarine and associated combat systems; and
       (B) Pillar Two-related technologies, including hypersonic 
     missiles, cyber capabilities, artificial intelligence, 
     quantum technologies, undersea capabilities, and other 
     advanced technologies.
       (3) Expedited decision-making.--Review of a transfer under 
     the policy established under paragraph (1) shall be subject 
     to an expedited decision-making process.
       (c) Interagency Policy and Guidance.--The Secretary and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     requests for Foreign Military Sales and Direct Commercial 
     Sales, including by incorporating the anticipatory release 
     provisions of this section.

     SEC. 6832. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, 
                   TECHNOLOGIES, AND EQUIPMENT FOR SALE TO 
                   AUSTRALIA AND THE UNITED KINGDOM THROUGH 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       Not later than 90 days after the date of the enactment of 
     this Act, and on a biennial basis thereafter for 8 years, the 
     President shall submit to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives a report that includes a list of 
     advanced military platforms, technologies, and equipment that 
     are pre-cleared and prioritized for sale and release to 
     Australia, the United Kingdom and Canada through the Foreign 
     Military Sales and Direct Commercial Sales programs without 
     regard to whether a letter of request or license to purchase 
     such platforms, technologies, or equipment has been received 
     from any of such country. Each list may include items that 
     are not related to the AUKUS partnership but may not include 
     items that are not covered by an exemption under the 
     International Traffic in Arms Regulations except unmanned 
     aerial or hypersonic systems.

     SEC. 6833. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

       (a) In General.--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) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, 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 articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection(j)(1)(C)(ii); and
       ``(C) involve only persons or entities that are approved 
     by--
       ``(i) the Secretary of State; and
       ``(ii) the Ministry of Defense, the Ministry of Foreign 
     Affairs, or other similar authority within those countries.
       ``(2) Limitation.--The authority provided in subparagraph 
     (1) shall not apply to any activity, including exports, 
     transfers, reexports, retransfers, temporary imports, or 
     brokering, of United States defense articles and defense 
     services involving any country or a person or entity of any 
     country other than the United States, the United Kingdom, and 
     Australia.''.
       (b) Required Standards of Export Controls.--The Secretary 
     may only exercise the authority under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, with respect to the United 
     Kingdom or Australia 30 days after the Secretary submits to 
     the appropriate congressional committees an unclassified 
     certification and detailed unclassified assessment (which may 
     include a classified annex) that the country concerned has 
     implemented standards for a system of export controls that 
     satisfies the elements of section 38(j)(2) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)(2)) for United States-origin 
     defense articles and defense services, and for controlling 
     the provision of military training, that are comparable to 
     those standards administered by the United States in effect 
     on the date of the enactment of this Act.
       (c) Certain Requirements Not Applicable.--
       (1) In general.--Paragraphs (1), (2), and (3) of section 
     3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall 
     not apply to any export or transfer that is the subject of an 
     exemption under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section.
       (2) Quarterly reports.--The Secretary shall--
       (A) require all exports and transfers that would be subject 
     to the requirements of

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     paragraphs (1), (2), and (3) of section 3(d) of the Arms 
     Export Control Act (22 U.S.C. 2753(d)) but for the 
     application of subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, to be reported to the Secretary; and
       (B) submit such reports to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives on a quarterly basis.
       (d) Sunset.--Any exemption under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, shall terminate on the 
     date that is 15 years after the date of the enactment of this 
     Act. The Secretary of State may renew such exemption for 5 
     years upon a certification to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives that such exemption is in the 
     vital national interest of the United States with a detailed 
     justification for such certification.
       (e) Reports.--
       (1) Annual report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter until no 
     exemptions under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, remain in effect, the Secretary shall submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the operation of exemptions issued under such 
     subsection (l)(1), including whether any changes to such 
     exemptions are likely to be made in the coming year.
       (B) Initial report.--The first report submitted under 
     subparagraph (A) shall also include 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.
       (2) Report on expedited review of export licenses for 
     exports of advanced technologies.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Defense, shall 
     report on the practical application of a possible ``fast 
     track'' decision-making process for applications, classified 
     or unclassified, to export defense articles and defense 
     services to Australia, the United Kingdom, and Canada.

     SEC. 6834. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF 
                   ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED 
                   KINGDOM, AND CANADA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Defense, shall initiate a rulemaking to 
     establish an expedited decision-making process, classified or 
     unclassified, for applications to export to Australia, the 
     United Kingdom, and Canada commercial, advanced-technology 
     defense articles and defense services that are not covered by 
     an exemption under the International Traffic in Arms 
     Regulations.
       (b) Eligibility.--To qualify for the expedited decision-
     making process described in subsection (a), an application 
     shall be for an export of defense articles or defense 
     services that will take place wholly within or between the 
     physical territory of Australia, Canada, or the United 
     Kingdom and the United States and with governments or 
     corporate entities from such countries.
       (c) Availability of Expedited Process.--The expedited 
     decision-making process described in subsection (a) shall be 
     available for both classified and unclassified items, and the 
     process must satisfy the following criteria to the extent 
     practicable:
       (1) Any licensing application to export defense articles 
     and services that is related to a government to government 
     agreement must be approved, returned, or denied within 30 
     days of submission.
       (2) For all other licensing requests, any review shall be 
     completed not later than 45 calendar days after the date of 
     application.

     SEC. 6835. UNITED STATES MUNITIONS LIST.

       (a) Exemption for the Governments of the United Kingdom and 
     Australia From Certification and Congressional Notification 
     Requirements Applicable to Certain Transfers.--Section 
     38(f)(3) of the Arms Export Control Act (22 U.S.C. 
     2778(f)(3)) is amended by inserting ``, the United Kingdom, 
     or Australia'' after ``Canada''.
       (b) United States Munitions List Periodic Reviews.--
       (1) In general.--The Secretary, 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 (DTAG) and other interested 
     parties in conducting the periodic review described in 
     paragraph (1).

                    Subtitle D--Other AUKUS Matters

     SEC. 6841. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

       (a) Report on Instruments.--
       (1) In general.--Not later than 30 days after the 
     signature, conclusion, or other finalization of any non-
     binding instrument related to the AUKUS partnership, the 
     President shall submit to the appropriate congressional 
     committees the text of such instrument.
       (2) Non-duplication of efforts; rule of construction.--To 
     the extent the text of a non-binding instrument is submitted 
     to the appropriate congressional committees pursuant to 
     subsection (a), such text does not need to be submitted to 
     Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 
     United States Code, as amended by section 5947 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1) 
     shall not be construed to relieve the executive branch of any 
     other requirement of section 112b of title 1, United States 
     Code, as amended so amended, or any other provision of law.
       (3) Definitions.--In this section:
       (A) In general.--The term ``text'', with respect to a non-
     binding instrument, includes--
       (i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument; and
       (ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument.
       (B) Contemporaneously and in conjunction with.--As used in 
     subparagraph (A), the term ``contemporaneously and in 
     conjunction with''--
       (i) shall be construed liberally; and
       (ii) may not be interpreted to require any action to have 
     occurred simultaneously or on the same day.
       (b) Report on AUKUS Partnership.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and biennially thereafter, the 
     Secretary, in coordination with the Secretary of Defense and 
     other appropriate heads of agencies, shall submit to the 
     appropriate congressional committees a report on the AUKUS 
     partnership.
       (2) Elements.--Each report required under paragraph (1) 
     shall include the following elements:
       (A) Strategy.--
       (i) An identification of the defensive military capability 
     gaps and capacity shortfalls that the AUKUS partnership seeks 
     to offset.
       (ii) An explanation of the total cost to the United States 
     associated with Pillar One of the AUKUS partnership.
       (iii) A detailed explanation of how enhanced access to the 
     industrial base of Australia is contributing to strengthening 
     the United States strategic position in Asia.
       (iv) A detailed explanation of the military and strategic 
     benefit provided by the improved access provided by naval 
     bases of Australia.
       (v) A detailed assessment of how Australia's sovereign 
     conventionally armed nuclear attack submarines contribute to 
     United States defense and deterrence objectives in the Indo-
     Pacific region.
       (B) Implement the aukus partnership.--
       (i) Progress made on achieving the Optimal Pathway 
     established for Australia's development of conventionally 
     armed, nuclear-powered submarines, including the following 
     elements:

       (I) A description of progress made by Australia, the United 
     Kingdom, and the United States to conclude an Article 14 
     arrangement with the International Atomic Energy Agency.
       (II) A description of the status of efforts of Australia, 
     the United Kingdom, and the United States to build the 
     supporting infrastructure to base conventionally armed, 
     nuclear-powered attack submarines.
       (III) Updates on the efforts by Australia, the United 
     Kingdom, and the United States to train a workforce that can 
     build, sustain, and operate conventionally armed, nuclear-
     powered attack submarines.
       (IV) A description of progress in establishing submarine 
     support facilities capable of hosting rotational forces in 
     western Australia by 2027.
       (V) A description of progress made in improving United 
     States submarine production capabilities that will enable the 
     United States to meet--

       (aa) its objectives of providing up to five Virginia Class 
     submarines to Australia by the early to mid-2030's; and
       (bb) United States submarine production requirements.
       (ii) Progress made on Pillar Two of the AUKUS partnership, 
     including the following elements:

       (I) An assessment of the efforts of Australia, the United 
     Kingdom, and the United States to enhance collaboration 
     across the following eight trilateral lines of effort:

       (aa) Underseas capabilities.

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       (bb) Quantum technologies.
       (cc) Artificial intelligence and autonomy.
       (dd) Advanced cyber capabilities.
       (ee) Hypersonic and counter-hypersonic capabilities.
       (ff) Electronic warfare.
       (gg) Innovation.
       (hh) Information sharing.

       (II) An assessment of any new lines of effort established.

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