§10401. Definitions — Inbound Citations
22 U.S.C. § 10401
Cited by 57 provisions in release 119-102.
Citations to 22 U.S.C. § 10401 as a whole
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(5) under the AUKUS partnership (as defined in section 1321 of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10401).
Citations to §10401(1)
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(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.
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(c) Not 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.
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(d) Not 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.
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(e) Not 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.
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(2) The 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.
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(g) In 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.
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(1) 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.
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(2) To 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.
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(1) Not 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.
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(1) Not later than 270 days prior to the transfer of a vessel authorized under subsection (a), the President shall submit to the appropriate congressional committees and leadership a certification that—(A) the transfer of such vessels—(i) will not degrade the United States undersea capabilities;(ii) is consistent with United States foreign policy and national security interests; and(iii) is in furtherance of the AUKUS partnership;(B) the United States is making sufficient submarine production and maintenance investments to meet the combination of United States military requirements and the requirements under subparagraph (A);(C) the Government of Australia has provided the appropriate funds and support for the additional capacity required to meet the requirements identified in this section; and(D) the Government Australia has the capability to host and fully operate the vessels authorized to be transferred.
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(A) Not later than 30 days before the date of the delivery of the first vessel authorized to be transferred under subsection (a), the President shall notify the appropriate congressional committees and leadership of the following:(i) The Government of Australia has achieved Submarine Rotational Forces-West full operational capability to support 4 rotationally deployed Virginia class submarines and one Astute class submarine, including having demonstrated the domestic capacity to fully perform all the associated activities necessary for the safe hosting and operation of nuclear-powered submarines.(ii) The Government of Australia has achieved sovereign-ready initial operational capability to support a Royal Australian Navy Virginia class submarine, including 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.
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(B) Not later than 30 days after the date of a transfer of any vessel authorized under subsection (a), and upon any transfer or depositing of funds received pursuant to such a transfer, the President shall notify the appropriate congressional committees and leadership 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.
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(C) Not later than 30 days after the receipt of funds as described in subparagraph (B), the President shall submit to the appropriate congressional committees and leadership a report on the matters described in clauses (i) and (ii) of subparagraph (A).
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(1) Not later than 180 days after December 22, 2023, and annually thereafter for 15 years, the President shall submit to the appropriate congressional committees and leadership a report describing—(A) the status of the transfer of vessels authorized under subsection (a);(B) the implementation of submarine security cooperation under the AUKUS partnership and challenges towards its implementation;(C) expansion of the public and private Virginia class submarine production and repair facilities, to include proposed work conducted in Australia and the United Kingdom to meet the additional work required by commitments under the AUKUS partnership;(D) an annual procurement schedule for the total quantity of submarines the Department of Defense plans to procure over the 15 years following December 22, 2023; and(E) a list of transfers or exports of defense services authorized under subsection (h) and the private-sector personnel of Australia or the private-sector personnel of the United Kingdom to whom the defense services were exported.
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(d) Not later than 30 days prior to any use of any funds in the Submarine Security Activities Account, the President shall submit to the appropriate congressional committees and leadership a plan detailing—(1) the amount of funds in the Submarine Security Activities Account; and(2) how such funds will be used, including specific amounts and purposes.
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(D) Contributions referred to in subsection (a) may not be obligated for a transaction authorized in subsection (c)(1)(B) until the President submits to the appropriate congressional committees and leadership notice of the transaction, including a detailed cost estimate, and a period of 21 days has elapsed after the date on which the notification is received by the appropriate congressional committees and leadership or, if earlier, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium.
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(1) Not later than 60 days prior to the transfer of any funds from the Submarine Security Activities Account, the President shall notify the appropriate congressional committees and leadership of—(A) the intended use of such funds by appropriation, program, project, and activity, as defined in the Joint Explanatory Statement accompanying the Department of Defense Appropriations Act1 2023 (Public Law 117–328); and(B) the extent to which such funds complement, supplement, or supplant other on-going or planned efforts funded by an appropriations Act with an identification of the associated funding and explanation of the combined efforts including the intended outcomes.
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(2) Not later than November 30 of each year until one year after the date on which all funds transferred under this section have been fully expended, the President shall submit to the appropriate congressional committees and leadership a report that includes a detailed accounting of—(A) the amount of funds transferred under this subsection during the fiscal year preceding the fiscal year in which the report is submitted; and(B) the purposes for which such funds were used.
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(1) Not later than 30 days after the date on which contributions of money accepted by the President under subsection (a) are credited to the Submarine Security Activities Account under subsection (b), the President shall submit to the appropriate congressional committees and leadership a report on—(A) the amount of money so transferred;(B) a description of the intended use of the funds; and(C) any other matters related to the administration of the Submarine Security Activities Account as determined necessary by the Secretary.
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In this chapter, the term “appropriate congressional committees and leadership” means—
Citations to §10401(2)(A)
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(A) The 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.
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(D) The 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.
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(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;
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(B) serve as the lead within the Department of State on matters relating to the AUKUS partnership in the interagency process;
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(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
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(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.
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(iii) any new programs under the AUKUS partnership.
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(A) shall meet regularly to coordinate internally on issues relating to the implementation of the AUKUS partnership; and
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(A) ensuring that responsible offices maintain a unified list of all defense-related transactions that have taken place under the AUKUS partnership;
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(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
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(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.
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(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.
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(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;
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(a) Not 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.
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(1) Not 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.
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(A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership.
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(i) unrelated to the AUKUS partnership; and
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(ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership;
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(iii) the establishment of an information handling caveat specific to the AUKUS partnership; and
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(c) Not 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.
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(1) 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.
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(1) Not 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.
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(i) An identification of the defensive military capability gaps and capacity shortfalls that the AUKUS partnership seeks to offset.
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(ii) An explanation of the total cost to the United States associated with Pillar One of the AUKUS partnership.
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(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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(b) 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.
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(a) Effective beginning on the date that is one year after December 22, 2023, the President is authorized to transfer up to two Virginia Class submarines from the inventory of the Department of the Navy to the Government of Australia on a sale basis, and transfer not more than one additional Virginia Class submarine to the Government of Australia on a sale basis pursuant to section 21 of the Arms Export Control Act (22 U.S.C. 2761) during the 20-year period beginning on December 22, 2023, to implement the trilateral security partnership between Australia, the United Kingdom, and the United States (in this section referred to as the “AUKUS partnership”).
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(iii) is in furtherance of the AUKUS partnership;
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(2) The transfer or export of defense services under this subsection may be directly exported to private and public-sector personnel of Australia or to private and public-sector personnel of the United Kingdom to support the development of the Australian submarine industrial base necessary for submarine security activities between members of the AUKUS partnership, including in the case in which such private and public-sector personnel are not officers, employees, or agents of the Government of Australia or the Government of the United Kingdom.
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(B) the implementation of submarine security cooperation under the AUKUS partnership and challenges towards its implementation;
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(C) expansion of the public and private Virginia class submarine production and repair facilities, to include proposed work conducted in Australia and the United Kingdom to meet the additional work required by commitments under the AUKUS partnership;
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(a) 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 (in this section referred to as the “AUKUS partnership”).
Citations to §10401(3)
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(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.
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(1) The Secretary of State, 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.
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(b) 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.
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(a) Not later than 180 days after December 22, 2023, the Secretary of State, 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.