Sec. 2. Establishment of Senior Advisor

1,113 words·~5 min read·/bill/118/hr/4725/ih/section-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary of State shall appoint, from among the leadership of the Department above the rank of Under Secretary, a senior advisor at the Department of State (in this section referred to as the Senior Advisor ), who shall concurrently oversee and coordinate the implementation of the AUKUS partnership announced September 15, 2021. The Senior Advisor shall report directly to the Secretary of State. No additional amounts are authorized to be appropriated to establish the senior advisor described in subsection (a).

It shall be the duty of the Senior Advisor to— coordinate efforts to implement the AUKUS agreement across relevant bureaus, directorates, and offices of the Department of State; represent the Department of State on matters relating to AUKUS in the interagency process; engage with relevant governing bodies in the United Kingdom and Australia; and issue guidance, including proposed regulations, to reduce barriers to defense collaboration, innovation, trade, and production with the Governments and industry partners of the United States, United Kingdom, and Australia.

The Secretary of State shall establish a Task Force on AUKUS Governance (in this section referred to as the Task Force ), led by the Senior Advisor appointed pursuant to subsection (a). No additional amounts are authorized to be appropriated to establish the Task Force described in paragraph (1). The Secretary of State shall ensure that the Senior Advisor is adequately staffed through the assignment of existing Department employees and appointment of officials representing relevant bureaus.

It shall be the duty of the Task Force to— meet at least once every 60 days to coordinate on issues pertaining to the successful implementation of the AUKUS agreement; coordinate an ongoing working group among the interagency on the effectiveness of arms export regulations and laws relevant to implementation of the AUKUS agreement that may be joined by appropriate officials of the United Kingdom and Australia; create and maintain a unified list of all defense-related transactions that have taken place under any agreement between the United States, Australia, and the United Kingdom; create and maintain a list of vendors that commonly participate in defense-related trade between United States, Australia, and the United Kingdom; coordinate the design and implementation of an established pathway for United States defense partners and treaty allies to obtain exemptions from the licensing and other approval requirements of section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) for exports and transfers of defense articles and defense services; create a framework for gathering, maintaining, and exchanging information pertaining to companies, individuals, or entities engaged in compromising technology security in contravention to the AUKUS agreement; and establish an AUKUS industry forum for industry stakeholders, including non-traditional defense contractors (as such term is defined in section 3014 of title 10, United States Code), that will be open for the participation of foreign industry involved in the AUKUS partnership.

The Senior Advisor shall submit to the appropriate congressional committees a report every 90 days that includes— a detailed description of the work of the Senior Advisor and any meetings of the Task Force that have taken place since the preceding report was issued, including meetings conducted with AUKUS partners, industry representatives, or the interagency; a detailed description of any issues that representatives of the United Kingdom or Australia have brought to the attention of the United States that threaten the stated goals of the AUKUS agreement and any efforts within the Department to resolve these issues; any delays and the reasons for these delays to defense-related transactions between the United States, the United Kingdom, and Australia, reflecting government and industry input; detailed description of Department investigations into violations under section 38 of the Arms Export Controls Act ( 22 U.S.C. 2778 ) or related provisions that involve AUKUS partners or entities in the United States, the United Kingdom, and Australia; and any violations of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or related regulations committed by United States persons with respect to transactions involving the United Kingdom or Australia.

The Senior Advisor shall annually submit to the appropriate congressional committees a report listing the transactions that have taken place involving the AUKUS partners and including— a description of programs authorized under the AUKUS agreement; an identification of the AUKUS entities involved; a list of all exports and transfers that would be subject to the requirements of paragraph (1), (2), or

(3)of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ), except for marketing or brokering activities, temporary imports, commodity jurisdiction determinations, or amendments to existing marketing or brokering licenses; and a valuation of the reduction in Department licensing review times eliminated, including review times reduced across the interagency. Section 45 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2717 ) is amended— in the matter preceding paragraph (1)— in the first sentence, by striking 100 percent of the registration fees collected by the Office of Defense Trade Controls of the Department of State and inserting 100 percent of the defense trade control registration fees collected by the Department of State ; and in the second sentence, by inserting management, licensing, compliance, or policy activities in the defense trade controls function, including after incurred for ; in paragraph (1), by striking contract personnel to assist in ; in paragraph (2), by striking ; and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: the facilitation of defense trade policy development, implementation, and cooperation, including implementation of the trilateral security partnership between the United States, the United Kingdom, and Australia, review of commodity jurisdiction determinations, outreach to United States industry and foreign parties, and analysis of scientific and technological developments as they relate to the exercise of defense trade control authorities; and contract personnel to assist in such activities. . Notwithstanding paragraph

(3)of section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b)(3) ), with respect to sales under such Act for which a loan, grant, or guaranty is not provided by the United States, the President may authorize charges for administrative services calculated under section 21(e)(1)(A) of such Act ( 22 U.S.C. 2761(e)(1)(A) ) to include resources necessary to support the sustainment of the Task Force. The position of the Senior Advisor and the Task Force shall terminate on the date that is 7years after the date of the enactment of this Act. The Secretary of State may renew the position of the Senior Advisor for an additional period of 4 years, following notification to the appropriate congressional committees of the renewal.

Connectionstraces to 6

Traces to 6 documents

U.S. Code

Citation graph

cites case law

Sec. 2

Establishment of Senior Advisor

Cites 6Cited by 0 across 0 sources