Section 1 Short title
This Act may be cited as the “AUKUS Reform for Military Optimization and Review Act” or the “ARMOR Act”.
AUKUS Reform for Military Optimization and Review Act
AN ACT
To modify provisions relating to defense trade and cooperation among Australia, the United Kingdom, and the United States.
Sec. 2 Sense of Congress
It is the sense of Congress that the President should work with the governments of the United Kingdom and Australia to formulate policy that would address matters of extraterritoriality, which may present inefficiencies in defense repair, maintenance, and sustainment among Australia, the United Kingdom, and the United States for defense articles and services not on the excluded technology list.
Sec. 3 Modification of provisions relating to defense trade and cooperation among Australia, the United Kingdom, and the United States
Expansion of expedited review of export licenses—
In general— Section 1344(c) of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10423(c)) is amended—
by striking “classified and unclassified items, and the process” and inserting “classified and unclassified items, and apply to all exports and transfers (including reexports, retransfers, temporary imports, and brokering activities),wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States, and the process”; and
in paragraph (1), by striking “Any licensing application to export defense articles and services” and inserting “Any licensing application to transfer, export, reexport, retransfer, temporarily import, or broker defense articles and services wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States”.
Report—
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 15 years, the President shall submit to the Chairpersons and Ranking Members of the appropriate congressional committees, the Speaker of the House of Representatives, and the Majority Leader of the Senate a report with respect to the use of the expedited review process established by section 1344 of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10423), that includes the following:
An update on the progress made toward implementing such expedited review process.
The number of licenses issued.
A list of each principal applicant issued a license.
A list of defense articles and services for which a license was issued.
Appropriate congressional committees defined— In this paragraph, the term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Clarification of congressional notification requirement— Section 38(l)(2) of the Arms Export Control Act (22 U.S.C. 2778(l)(2)) is amended by striking “the United States, the United Kingdom, and Australia.” and inserting “the United States, the United Kingdom, and Australia. The congressional notification requirements of subsections (c) and (d) of section 36 shall not apply with respect to the export or transfer of defense articles or defense services subject to the exemption described in this paragraph.”
Requirement To review excluded technologies list—
In general— The Secretary of State, in consultation with the Secretary of Defense, shall review, annually for the covered period, and every 3 years thereafter, Supplement No. 2 to part 126 of the International Traffic in Arms Regulations (parts 120–130 of title 22, Code of Federal Regulations)(commonly known at the “Excluded Technologies List”) to ensure inclusion of only those items required by statute, or otherwise determined by such Secretaries, to require continued licensing review for national security reasons.
Covered period defined— In this subsection, the term “covered period” means the 5-year period beginning 180 days after the date of the enactment of this Act.