USC Subchapter I

USC Subchapter I
in effect

22 U.S.C. § 10411 AUKUS partnership oversight and accountability framework

(a) Senior Advisor(1) Designation(A) In generalThe Secretary of State shall designate a senior advisor at the Department of State (in this section referred to as the “Senior Advisor”), who shall oversee and coordinate the implementation of the AUKUS partnership. (B) QualificationThe Senior Advisor may be an individual serving within the existing leadership of the Department of State but that individual may not hold any other position concurrently while serving as the Senior Advisor. (C) ReportingThe Senior Advisor shall report directly to the Secretary of State. (D) GuidanceThe Secretary of State shall issue guidance to all bureaus of the Department of State specifying the Senior Advisor’s responsibility for coordinating the implementation of all AUKUS partnership-related activities. (2) DutiesThe duties of the Senior Advisor shall be to—(A) coordinate efforts to implement the AUKUS partnership across relevant bureaus, directorates, and offices of the Department of State involved in matters such as arms exports, non-proliferation, deterrence, security assistance, and Indo-Pacific and United Kingdom relations; (B) serve as the lead within the Department of State on matters relating to the AUKUS partnership in the interagency process; (C) 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 region; and (D) consult regularly with the appropriate congressional committees and keep such committees fully and currently informed on all aspects of the AUKUS partnership, to include—(i) Australia’s acquisition of conventionally armed, nuclear-powered submarines; (ii) jointly developing advanced military capabilities; and (iii) any new programs under the AUKUS partnership. (3) Personnel to support the Senior AdvisorThe Secretary of State shall ensure that the Senior Advisor is adequately staffed with respect to the Senior Advisor’s duties described in paragraph (2) through details, or assignment of employees of the Department of State, with expertise consistent with such duties. (b) Task Force(1) EstablishmentThe Secretary of State shall establish a task force, to be known as the Task Force on AUKUS (in this section referred to as the “Task Force”), which—(A) shall meet regularly to coordinate internally on issues relating to the implementation of the AUKUS partnership; and (B) shall be led by the Senior Advisor. (2) DutiesThe duties of the Task Force may include—(A) ensuring that responsible offices maintain a unified list of all defense-related transactions that have taken place under the AUKUS partnership; (B) ensuring the establishment of a framework for gathering, maintaining, and exchanging information relating to companies, individuals, or entities that are compromising security of military technology, defense articles, and defense services exchanged under the AUKUS partnership; and (C) establishing an AUKUS industry forum for industry stakeholders, including non-traditional defense contractors (as such term is defined in section 3014 of title 10), that will be open for the participation of foreign industry involved in the AUKUS partnership. (3) Personnel to support the Task ForceThe personnel assigned to support the Senior Advisor under subsection (a)(3) shall also support the Task Force. The Secretary of State may not assign any additional personnel to support the Task Force. (c) NotificationNot later than 180 days after December 22, 2023, or not later than 90 days after the date on which a senior advisor at the Department of State is designated as the Senior Advisor, whichever occurs earlier, the Secretary of State shall notify the appropriate congressional committees of the number of personnel, relevant expertise of such personnel, and duties of such personnel directly supporting the work of the Senior Advisor and the offices supporting the Task Force. (d) ReportNot later than 120 days after December 22, 2023, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following:(1) A detailed description of the planned work of the Senior Advisor and the Task Force on matters related to the implementation of the AUKUS partnership. (2) For the preceding two calendar years and the current calendar year—(A) 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; (B) 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; and (C) 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. (3) For each of the preceding two calendar years, the number of voluntary disclosures resulting in a violation of the International Traffic in Arms Regulations enumerated under section 2780 of this title or involving proscribed countries listed in section 126.1 of the International Traffic in Arms Regulations, 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—(A) any instance of unauthorized access to technical data or defense articles; (B) inadequate physical or cyber security; (C) retransfers or re-exports without authorization; and (D) employees of foreign companies that are United States persons that provide defense services without authorization. (e) Annual reportNot later than one year after December 22, 2023, and annually thereafter, the Senior Advisor shall submit to the appropriate congressional committees a report that includes—(1) a detailed description of any issues that representatives of the United States, the United Kingdom, or Australia have identified that threaten or conflict with the stated goals of the AUKUS partnership and any efforts to resolve these issues; (2) information on the National Disclosure Policy Committee with respect to adoption of a classification category relating to any anticipatory disclosure policy for Australia and the United Kingdom; (3) a detailed description of Department of State investigations into violations under section 2778 of this title or related provisions that involve AUKUS partners or entities in the United States, the United Kingdom, and Australia; (4) details on whether regulatory changes to exemptions authorized under subsection (l) of section 2778 of this title are likely or necessary within the next year; and (5) an assessment of the change in the average and median Department of State licensing review times for the current reporting year based on the average and median licensing review times from the prior calendar year, including review times across the interagency for export licenses issued to Australia or the United Kingdom. (f) Sunset(1) In generalSubject to paragraph (2), the position of the Senior Advisor and the Task Force shall terminate on the date that is 7 years after December 22, 2023. (2) RenewalThe Secretary of State may renew the position of the Senior Advisor and the Task Force for 1 additional period of 4 years beginning after the date on which the Secretary notifies the appropriate congressional committees of the renewal. (g) Appropriate congressional committees definedIn this section, the term “appropriate congressional committees” means—(1) the Committee on Foreign Affairs and Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and Committee on Appropriations of the Senate.

22 U.S.C. § 10412 Designation of senior official for Department of Defense activities relating to, and implementation plan for, the AUKUS partnership

(a) Designation of senior officialNot later than 90 days after December 22, 2023, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the AUKUS partnership. (b) Plan(1) In generalNot later than 90 days after December 22, 2023, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress a report containing an implementation plan outlining Department of Defense efforts relating to the AUKUS partnership. (2) ElementsThe plan required by paragraph (1) shall include the following:(A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership. (B) An identification of dependencies of such milestones on defense requirements that are—(i) unrelated to the AUKUS partnership; and (ii) solely within the decisionmaking responsibility of Australia or the United Kingdom. (C) A consideration of the implications of the plan on the industrial base with respect to—(i) the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements; (ii) acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors; (iii) stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and (iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. (D) A description of resourcing and personnel requirements, including—(i) a detailed assessment of the feasibility of hiring and retaining additional foreign disclosure officers to facilitate more rapid technology transfer to Australia and the United Kingdom; and (ii) an assessment of any additional requirements for Department of Defense personnel to support the transfer of defense articles to Australia and the United Kingdom. (E) A plan for improving information sharing, including—(i) recommendations for modifications to foreign disclosure policies and processes; (ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership; (iii) the establishment of an information handling caveat specific to the AUKUS partnership; and (iv) the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat. (F) Processes for the protection of privately held intellectual property, including patents. (G) Recommended updates to other title 10 authorities or regulatory, policy, or process frameworks. (c) Semiannual updatesNot later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter not later than April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate with a briefing on the status of all Department activities to implement the AUKUS partnership.

22 U.S.C. § 10413 Reporting related to the AUKUS partnership

(a) Report on instruments(1) In generalNot 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 constructionTo the extent the text of a non-binding instrument is submitted to the appropriate congressional committees pursuant to paragraph (1), such text does not need to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 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, as so amended, or any other provision of law. (3) DefinitionsIn this subsection:(A) In generalThe 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 withAs 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 generalNot later than one year after December 22, 2023, and biennially thereafter, the Secretary of State, 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) ElementsEach 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. (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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