AUKUS Oversight Bill Passes House

House Foreign Affairs Committee Chairman Michael McCaul spoke on the House Floor in support of passing 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 bill passed the House 393-4.

"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," stated Mr. McCaul.

"This legislation focuses on ensuring the State Department is authorizing technology transfers quickly to fully support implementation of this vital pillar.”

Detailed Reporting Requirements

The text calls for detailed reporting on the export licensing and enforcement experience of Australia and the United Kingdom over the past five years, including:

(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.