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22 U.S.C. § 10413 — Designation of senior official for Department of Defense activities relating to, and implementation plan for, the AUKUS partnership

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10413 — 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, a

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Stable record: federal_law:legal_authorities:record_usc_b993830fe0696e965f6a2a62
Source file: Laws/federal/codes/united-states-code/title-22/section-10413-designation-of-senior-official-for-department-of-defense-activities-rela--b1164f156c.md
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Source location: Title 22, Chapter 111, § 10413; chapter-111-australia-united-kingdom-and-united-states-aukus-security-partnership.md

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**(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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10421 — 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 [section 112b(a)(1)(A)(ii) of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section112b/a/1/A/ii&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section112b&num=0&edition=prelim), as so amended, or any other provision of law. (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) *Contempor

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10421

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10423 — 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10423

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10432 — 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 ([22 U.S.C. 2761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim)) 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”). **(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 ([22 U.S.C. 2776](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2776&num=0&edition=prelim)); or (2) [section 8677 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8677&num=0&edition=prelim). **(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 [section 2321j(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2321j/e&num=0&edition=prelim). **(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 c

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10432

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10433 — 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 sub

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10433

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10413 — Reporting related to the AUKUS partner-

Page 2336 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10413 (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 re- sources required for improving shipyard condition and expanding throughput ca- pacity; and (iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. (D) A description of resourcing and per- sonnel requirements, including— (i) a detailed assessment of the feasi- bility of hiring and retaining additional foreign disclosure officers to facilitate more rapid technology transfer to Aus- tralia and the United Kingdom; and (ii) an assessment of any additional re- quirements for Department of Defense per- sonnel to support the transfer of defense articles to Australia and the United King- dom. (E) A plan for improving information shar- ing, including— (i) recommendations for modifications to foreign disclosure policies and processes; (ii) the promulgation of written informa- tion-sharing guidelines or policies to im- prove 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 Re- leasable to Foreign Nations (NOFORN) in- formation handling caveat. (F) Processes for the protection of pri- vately 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 subse

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 10413

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