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22 U.S.C. § 10421 — Reporting related to the AUKUS partnership
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-22/section-10421-reporting-related-to-the-aukus-partnership--b7386d4cc0.md
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Source location: Title 22, Chapter 111, § 10421; chapter-111-australia-united-kingdom-and-united-states-aukus-security-partnership.md
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**(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) *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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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Not less frequently than once each month, the Secretary shall provide in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees the following:
(A)
(i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.
(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).
(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and that, in the view of the appropriate department or agency, provides authorization for each qualifying non-binding instrument provided under clause (ii) to become operative. If multiple authorities are relied upon in relation to an international agreement, the Secretary shall cite all such authorities, and if multiple authorities are relied upon in relation to a qualifying non-binding instrument, the appropriate department or agency shall cite all such authorities. All citations to the Constitution of the United States, a treaty, or a statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary or appropriate department or agency shall explain the basis for that reliance.
(B)
(i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 112b
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 2761 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) related to AUKUS to receive expedited consideration and processing relative to all other letters of request other than from Taiwan and Ukraine.
**(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 secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10422
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10413
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 2337
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 10421
(A) Strategy
(i) An identification of the defensive mili-
tary 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 en-
hanced access to the industrial base of Aus-
tralia is contributing to strengthening the
United States strategic position in Asia.
(iv) A detailed explanation of the military
and strategic benefit provided by the im-
proved access provided by naval bases of
Australia.
(v) A detailed assessment of how Aus-
tralia’s sovereign conventionally armed nu-
clear
attack
submarines
contribute
to
United States defense and deterrence objec-
tives in the Indo-Pacific region.
(B) Implement the AUKUS partnership
(i) Progress made on achieving the Opti-
mal Pathway established for Australia’s de-
velopment 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 ar-
rangement 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 in-
frastructure 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
sub-
marines.
(IV) A description of progress in estab-
lishing submarine support facilities capa-
ble of hosting rotational forces in western
Au
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 10421
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.