CHAPTER 111 —AUSTRALIA, UNITED KINGDOM, AND UNITED STATES (AUKUS) SECURITY PARTNERSHIP
SUBCHAPTER I—ADMINISTRATIVE PROVISIONS
SUBCHAPTER II—STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY TECHNOLOGY FROM COMPROMISE
SUBCHAPTER III—AUKUS SUBMARINE TRANSFER AUTHORIZATION ACT
§10401. Definitions
In this chapter:
(1) Appropriate congressional committees
Except as otherwise provided, the term "appropriate congressional committees" means—
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(2) AUKUS partnership
(A) In general
The term "AUKUS partnership" means the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States announced in September 2021.
(B) Pillars
The AUKUS partnership includes the following two pillars:
(i) Pillar One is focused on developing a pathway for Australia to acquire conventionally armed, nuclear-powered submarines.
(ii) Pillar Two is focused on enhancing trilateral collaboration on advanced defense capabilities, including hypersonic and counter hypersonic capabilities, quantum technologies, undersea technologies, and artificial intelligence.
(3) International Traffic in Arms Regulations
The term "International Traffic in Arms Regulations" means subchapter M of chapter I of title 22, Code of Federal Regulations (or successor regulations).
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Statutory Notes and Related Subsidiaries
Short Title
SUBCHAPTER I—ADMINISTRATIVE PROVISIONS
§10411. AUKUS partnership oversight and accountability framework
(a) Senior Advisor
(1) Designation
(A) In general
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.
(B) Qualification
The 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) Reporting
The Senior Advisor shall report directly to the Secretary of State.
(D) Guidance
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.
(2) Duties
The 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 Advisor
The 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) Establishment
The 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) Duties
The 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
(3) Personnel to support the Task Force
The 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) Notification
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.
(d) Report
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
(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 report
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
(4) details on whether regulatory changes to exemptions authorized under subsection (l) of
(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 general
Subject 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) Renewal
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.
(g) Appropriate congressional committees defined
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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§10412. Designation of senior official for Department of Defense activities relating to, and implementation plan for, the AUKUS partnership
(a) Designation of senior official
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.
(b) Plan
(1) In general
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.
(2) Elements
The 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 updates
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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Statutory Notes and Related Subsidiaries
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§10413. Reporting related to the AUKUS partnership
(a) Report on instruments
(1) In general
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.
(2) Non-duplication of efforts; rule of construction
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
(3) Definitions
In this subsection:
(A) In general
The 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 with
As 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 general
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.
(2) Elements
Each 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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SUBCHAPTER II—STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY TECHNOLOGY FROM COMPROMISE
§10421. Priority for Australia and the United Kingdom in foreign military sales and direct commercial sales
(a) In general
The President shall institute policies and procedures for letters of request from Australia and the United Kingdom to transfer defense articles and services under
(b) Technology transfer policy for Australia, Canada, and the United Kingdom
(1) In general
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.
(2) Capabilities described
The capabilities described in this paragraph are—
(A) Pillar One-related technologies associated with submarine and associated combat systems; and
(B) Pillar Two-related technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, undersea capabilities, and other advanced technologies.
(3) Expedited decision-making
Review of a transfer under the policy established under paragraph (1) shall be subject to an expedited decision-making process.
(c) Interagency policy and guidance
The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to requests for Foreign Military Sales and Direct Commercial Sales, including by incorporating the anticipatory release provisions of this section.
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§10422. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through foreign military sales and direct commercial sales
(a) In general
Not later than 90 days after December 22, 2023, and on a biennial basis thereafter for 8 years, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a list of advanced military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Australia, the United Kingdom and Canada through the Foreign Military Sales and Direct Commercial Sales programs without regard to whether a letter of request or license to purchase such platforms, technologies, or equipment has been received from any of such country.
(b) Additional items
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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§10423. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada
(a) In general
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.
(b) Eligibility
To qualify for the expedited decision-making process described in subsection (a), an application shall be for an export of defense articles or defense services that will take place wholly within or between the physical territory of Australia, Canada, or the United Kingdom and the United States and with governments or corporate entities from such countries.
(c) Availability of expedited process
The expedited decision-making process described in subsection (a) shall be available for both classified and unclassified items, and the process must satisfy the following criteria to the extent practicable:
(1) Any licensing application to export defense articles and services that is related to a government to government agreement must be approved, returned, or denied within 30 days of submission.
(2) For all other licensing requests, any review shall be completed not later than 45 calendar days after the date of application.
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SUBCHAPTER III—AUKUS SUBMARINE TRANSFER AUTHORIZATION ACT
§10431. Authorization of sales of Virginia Class submarines to Australia
(a) In general
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 (
(b) Provisions of law superseded
The transfer of a vessel authorized under subsection (a) shall not be subject to the requirements of—
(1) section 36 of the Arms Export Control Act (
(2)
(c) Costs of transfers
Any expense incurred by the United States in connection with a transfer of a vessel authorized under subsection (a) shall be charged to the Government of Australia notwithstanding
(d) Certifications and other requirements
(1) In general
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.
(2) Waiver of chief of naval operations certification
The requirement for the Chief of Naval Operations to make a certification under
(3) Required mutual defense agreement
(A) In general
The President may not provide for the transfer of a vessel authorized under subsection (a) unless the United States and Australia have entered into a mutual defense agreement that meets the requirements of subparagraph (B) and such agreement is in effect.
(B) Requirements
A mutual defense agreement meets the requirements described in this subparagraph if the agreement—
(i) provides a clear legal framework for the sole purpose of Australia's acquisition of conventionally armed, nuclear-powered submarines; and
(ii) meets the highest nonproliferation standards for the exchange of nuclear materials, technology, equipment, and information between the United States and Australia.
(4) Subsequent sales
A transfer of vessel that is a Virginia class submarine on a sale basis other than a transfer described in subsection (a) may occur only if such transfer is explicitly authorized pursuant to a law enacted after December 22, 2023.
(e) Crediting of receipts
(1) In general
Notwithstanding any provision of law pertaining to the crediting of amounts received from a sale under the terms of section 21 of the Arms Export Control Act (
(A) be credited, at the discretion of the President to—
(i) the appropriation, fund, or account used in incurring the original obligation;
(ii) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures for the original acquisition of submarines transferred under this section were made; or
(iii) any other appropriation, fund, or account available for the improvement of the United States submarine industrial base; and
(B) remain available for obligation until expended for the same purpose as the appropriation to which the receipt is credited.
(2) Notifications and report
(A) Initial notification
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.
(B) Notification
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.
(C) Report
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).
(f) Applicability of existing law to transfer of special nuclear material and utilization facilities for military applications
(1) In general
With respect to any special nuclear material for use in utilization facilities or any portion of a vessel transferred under the authority of subsection (a) constituting utilization facilities for military applications under
(2) Use of funds
The President may use proceeds from a transfer described in subparagraph (1) for the acquisition of submarine naval nuclear propulsion plants and the nuclear fuel to replace the propulsion plants and fuel transferred to the Government of Australia.
(g) Omitted
(h) Transfer or export of defense services
(1) In general
The President may transfer or authorize the export of defense services (as such term is defined in section 47 of the Arms Export Control Act (
(2) Authority to export to Australian and United Kingdom private and public-sector personnel
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.
(3) Application of requirements for retransfer and reexport
Any person who receives any defense service transferred or exported under paragraph (1) may retransfer or reexport such service to other persons only in accordance with the requirements of the Arms Export Control Act (
(4) Security controls
(A) In general
Any defense service transferred or exported under paragraph (1) shall be subject to appropriate security controls to ensure that any sensitive information conveyed by such transfer or export is protected from disclosure to persons unauthorized by the United States to receive such information.
(B) Certification
Not later than 30 days before the first transfer or export of a defense service under paragraph (1), and annually thereafter, the President shall certify to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the controls described in subparagraph (A) will protect the information described in such subparagraph for the defense services so transferred or exported.
(i) Report
(1) In general
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.
(2) Form
The report required by this subsection shall be submitted in classified form.
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Editorial Notes
References in Text
The Arms Export Control Act, referred to in subsec. (h)(3), is
Codification
Section is comprised of section 1352 of
§10432. Acceptance of contributions in support of Australia, United Kingdom, and United States submarine security activities
(a) Acceptance authority
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").
(b) Establishment of Submarine Security Activities Account
(1) In general
There is established in the Treasury of the United States a special account to be known as the 'Submarine Security Activities Account'.
(2) Credit to account
Contributions of money accepted by the President under subsection (a) shall be credited to the Submarine Security Activities Account.
(3) Availability
Amounts credited to the Submarine Security Activities Account shall remain available until expended.
(c) Use of funds
(1) In general
Subject to paragraphs (2) and (3) of subsection (b), the President may use funds in the Submarine Security Activities Account—
(A) for any purpose authorized by law that the President determines would support the AUKUS submarine security activities;
(B) to carry out a military construction project that is consistent with the purposes for which the contributions were made and is authorized by law;
(C) to develop and increase the submarine industrial base workforce by investing in recruiting, training, and retaining key specialized labor at public and private shipyards; or
(D) to upgrade facilities, equipment, and infrastructure needed to repair and maintain submarines at public and private shipyards.
(2) No further specific authorization in law required
Funds in the Submarine Security Activities Account may be used as described in this subsection without further specific authorization in law.
(d) Plan for use of funds
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.
(e) Transfers of funds
(1) To Department of Defense
(A) In general
In carrying out subsection (c), the President may transfer funds available in the Submarine Security Activities Account to appropriations available to the Department of Defense.
(B) Authority in addition to other transfer authority
The authority provided in this paragraph is in addition to any other transfer authority otherwise provided by law and is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2023 (
(C) Availability
Funds transferred under the authority provided in this paragraph shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred.
(D) Limitation on certain transactions
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.
(2) To Department of Energy
In carrying out subsection (c), and in accordance with the Atomic Energy Act of 1954, (
(3) Transfers back to Submarine Security Activities Account
Upon a determination by the President that all or part of the funds transferred from the Submarine Security Activities Account under this subsection are not necessary for the purposes for which such funds were transferred, all or such part of such funds shall be transferred back to the Submarine Security Activities Account.
(f) Investment of money
(1) In general
The President may invest money in the Submarine Security Activities Account in securities of the United States or in securities guaranteed as to principal and interest by the United States.
(2) Interest
Any interest or other income that accrues from investment in securities referred to in paragraph (1) shall be deposited to the credit of the Submarine Security Activities Account.
(g) Relationship to other laws
The authority to accept or transfer funds under this section is in addition to any other statutory authority to accept or transfer funds.
(h) Notification and report
(1) Notification
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 Act 1 2023 (
(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.
(2) Annual report
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.
(i) Report
(1) In general
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.
(2) Form
The report required by this subsection shall be submitted in unclassified form but may include a classified annex.
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Editorial Notes
References in Text
Section 8005 of the Department of Defense Appropriations Act, 2023, referred to in subsec. (e)(1)(B), is section 8005 of
The Atomic Energy Act of 1954, referred to in subsec. (e)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
1 So in original. Probably should be "Act,".
§10433. Appropriate congressional committees and leadership defined
In this chapter, the term "appropriate congressional committees and leadership" means—
(1) the Speaker of the House of Representatives and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
(2) the majority leader of the Senate and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(