The text of the bill below is as of Mar 16, 2023 (Preprint (Suspension)).
I
118TH CONGRESS
1ST SESSION
H. R. 1093
To direct the Secretary of State to submit to Congress a report on implemen-
tation of the advanced capabilities pillar of the trilateral security partner-
ship between Australia, the United Kingdom, and the United States.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. MCCAUL (for himself and Mr. MEEKS) introduced the following bill; which
was referred to the Committee on Foreign Affairs
A BILL
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 Aus-
tralia, the United Kingdom, and the United States.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
kjohnson on DSK79L0C42PROD with BILLS
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
2
1 SECTION 1. IMPLEMENTATION OF THE ADVANCED CAPA-
2 BILITIES PILLAR OF THE TRILATERAL SECU-
3 RITY PARTNERSHIP BETWEEN AUSTRALIA,
4 THE UNITED KINGDOM, AND THE UNITED
5 STATES.
6 (a) SENSE OF CONGRESS.—It is the sense of Con-
7 gress that—
8 (1) the enhanced trilateral security partnership
9 between Australia, the United Kingdom, and the
10 United States (in this section referred to as the
11 ‘‘AUKUS partnership’’) is intended to positively
12 contribute to peace and stability in the Indo-Pacific
13 region through enhanced deterrence;
14 (2) to this end, implementation of the AUKUS
15 partnership will require a whole-of-government re-
16 view of processes and procedures for Australia, the
17 United Kingdom, and the United States to benefit
18 from such partnership and, in particular, to support
19 joint development of advanced capabilities;
20 (3) the Department of State plays a pivotal role
21 in the administration of arms exports and sales pro-
22 grams under the Foreign Assistance Act of 1961 (22
23 U.S.C. 2151 et seq.) and the Arms Export Control
24 Act (22 U.S.C. 2751 et seq.);
kjohnson on DSK79L0C42PROD with BILLS
25 (4) the Department of State should work in co-
26 ordination with the Department of Defense and
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
3
1 other relevant United States Government agencies to
2 seek to expeditiously implement the AUKUS part-
3 nership; and
4 (5) the Department of State, in coordination
5 with the Department of Defense, should clearly com-
6 municate any United States requirements to address
7 matters related to the technology security and export
8 control measures of Australia and the United King-
9 dom.
10 (b) REPORT.—
11 (1) IN GENERAL.—Not later than 90 days after
12 the date of the enactment of this Act, the Secretary
13 of State, in coordination with the Secretary of De-
14 fense, shall submit to the appropriate congressional
15 committees a report on efforts of the Department of
16 State to implement the advanced capabilities pillar
17 of the AUKUS partnership.
18 (2) MATTERS TO BE INCLUDED.—The report
19 required by paragraph (1) shall include the fol-
20 lowing:
21 (A) For each of the calendar years 2021
22 and 2022—
23 (i) the average and median times for
24 the United States Government to review
kjohnson on DSK79L0C42PROD with BILLS
25 applications for licenses to export defense
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
4
1 articles or defense services to persons, cor-
2 porations, and the governments (including
3 agencies and subdivisions of such govern-
4 ments, including official missions of such
5 governments) of Australia or the United
6 Kingdom;
7 (ii) the average and median times for
8 the United States Government to review
9 applications from Australia and the United
10 Kingdom for foreign military sales begin-
11 ning from the date Australia or the United
12 Kingdom submitted a letter of request that
13 resulted in a letter of acceptance with; and
14 (iii) the number of applications from
15 Australia and the United Kingdom for li-
16 censes to export defense articles and de-
17 fense services that were denied or approved
18 with provisos, listed by year.
19 (B) For each of the fiscal years 2017,
20 2018, 2019, 2020, 2021, and 2022, the number
21 of voluntary disclosures resulting in a violation
22 of the International Traffic in Arms Regula-
23 tions (ITAR) enumerated under section 40 of
24 the Arms Export Control Act (22 U.S.C. 2780)
kjohnson on DSK79L0C42PROD with BILLS
25 or involving proscribed countries listed in sec-
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
5
1 tion 126.1 of the ITAR, by persons, corpora-
2 tions, and the governments (including agencies
3 and subdivisions of such governments, including
4 official missions of such governments) of Aus-
5 tralia or the United Kingdom, including infor-
6 mation with respect to—
7 (i) any instance of unauthorized ac-
8 cess to technical data or defense articles;
9 (ii) inadequate physical or cyber secu-
10 rity;
11 (iii) retransfers or re-exports without
12 authorization; and
13 (iv) employees of foreign companies
14 that are United States persons that pro-
15 vide defense services without authorization.
16 (C) The value of any civil penalties as-
17 sessed from 2017 to 2022 for disclosures or vio-
18 lations described in subparagraph (B) on
19 United States applicants that involved foreign
20 persons, foreign corporations, and foreign gov-
21 ernments in the United Kingdom or Australia.
22 (D) A list of relevant United States laws,
23 regulations, and treaties and other international
24 agreements to which the United States is a
kjohnson on DSK79L0C42PROD with BILLS
25 party that govern authorizations to export de-
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
6
1 fense articles or defense services that are re-
2 quired to implement the AUKUS partnership.
3 (E) An assessment of key recommenda-
4 tions the United States Government has pro-
5 vided to the governments of Australia and the
6 United Kingdom to revise laws, regulations, and
7 policies of such countries that are required to
8 implement the AUKUS partnership.
9 (F) An assessment of recommended im-
10 provements to export control laws and regula-
11 tions of Australia, the United Kingdom, and the
12 United States that such countries should make
13 to implement the AUKUS partnership and to
14 otherwise meet the requirements of section
15 38(j)(2) of the Arms Export Control Act (22
16 U.S.C. 2778(j)(2)), and the challenges Aus-
17 tralia and the United Kingdom have conveyed
18 in meeting these requirements including with
19 respect to sensitive defense technology security
20 controls.
21 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
22 FINED.—In this section, the term ‘‘appropriate congres-
23 sional committees’’ means—
kjohnson on DSK79L0C42PROD with BILLS
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093
7
1 (1) the Committee on Foreign Affairs and the
2 Committee on Armed Services of the House of Rep-
3 resentatives; and
4 (2) the Committee on Foreign Relations and
5 the Committee on Armed Services of the Senate.
Æ
kjohnson on DSK79L0C42PROD with BILLS
•HR 1093 IH
VerDate Sep 11 2014 23:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1093.IH H1093
