22 U.S.C. § 10401 — Definitions

Page 2333 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10401 computing device, that is issued by the Department for official use. ‘‘(3) FOREIGN COMMERCIAL SPYWARE; SPYWARE.—The terms ‘foreign commercial spyware’ and ‘spyware’ have the meanings given those terms in section 1102A of the National Security Act of 1947 (50 U.S.C. 3232a). ‘‘(b) PROTECTION OF COVERED DEVICES.— ‘‘(1) REQUIREMENT.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary [of State] shall, in consultation with the relevant agencies— ‘‘(A) issue standards, guidance, best practices, and policies for Department [of State] and USAID [United States Agency for International Develop- ment] personnel to protect covered devices from being compromised by foreign commercial spyware; ‘‘(B) survey the processes used by the Department and USAID to identify and catalog instances where a covered device was compromised by foreign com- mercial spyware over the prior 2 years and it is rea- sonably expected to have resulted in an unauthor- ized disclosure of sensitive information; and ‘‘(C) submit to the appropriate committees of Congress a report on the measures in place to iden- tify and catalog instances of such compromises for covered devices by foreign commercial spyware, which may be submitted in classified form. ‘‘(2) NOTIFICATIONS.—Not later than 60 days after the date on which the Department becomes aware that a covered device was seriously compromised by foreign commercial spyware, the Secretary, in co- ordination with relevant agencies, shall notify the appropriate committees of Congress of the facts con- cerning such targeting or compromise, including— ‘‘(A) the location of the personnel whose covered device was compromised; ‘‘(B) the number of covered devices compromised; ‘‘(C) an assessment by the Secretary of the dam- age to the national security of the United States resulting from any loss of data or sensitive infor- mation; and ‘‘(D) an assessment by the Secretary of any for- eign government or foreign organization or entity, and, to the extent possible, the foreign individuals, who directed and benefitted from any information acquired from the compromise. ‘‘(3) ANNUAL REPORT.—Not later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary, in coordination with relevant agencies, shall submit to the appro- priate committees of Congress, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report re- garding any covered device that was compromised by foreign commercial spyware, including the informa- tion described in subparagraphs (A) through (D) of paragraph (2).’’ DEFINITIONS For definitions of ‘‘Department’’, ‘‘Secretary’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title. CHAPTER 111—AUSTRALIA, UNITED KING- DOM, AND UNITED STATES (AUKUS) SECU- RITY PARTNERSHIP Sec. 10401. Definitions. SUBCHAPTER I—ADMINISTRATIVE PROVISIONS 10411. AUKUS partnership oversight and account- ability framework. 10412. Designation of senior official for Department of Defense activities relating to, and imple- mentation plan for, the AUKUS partner- ship. Sec. 10413. Reporting related to the AUKUS partnership. SUBCHAPTER II—STREAMLINING AND PRO- TECTING TRANSFERS OF UNITED STATES MILI- TARY TECHNOLOGY FROM COMPROMISE 10421. Priority for Australia and the United King- dom in foreign military sales and direct commercial sales. 10422. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through foreign military sales and direct commer- cial sales. 10423. Expedited review of export licenses for ex- ports of advanced technologies to Australia, the United Kingdom, and Canada. SUBCHAPTER III—AUKUS SUBMARINE TRANSFER AUTHORIZATION ACT 10431. Authorization of sales of Virginia Class sub- marines to Australia. 10432. Acceptance of contributions in support of Australia, United Kingdom, and United States submarine security activities. 10433. Appropriate congressional committees and leadership defined. § 10401. Definitions In this chapter: (1) Appropriate congressional committees Except as otherwise provided, the term ‘‘ap- propriate 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 be- tween Australia, the United Kingdom, and the United States announced in September 2021. (B) Pillars The AUKUS partnership includes the fol- lowing two pillars: (i) Pillar One is focused on developing a pathway for Australia to acquire conven- tionally armed, nuclear-powered sub- marines. (ii) Pillar Two is focused on enhancing trilateral collaboration on advanced de- fense capabilities, including hypersonic and counter hypersonic capabilities, quan- tum 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). (Pub. L. 118–31, div. A, title XIII, § 1321, Dec. 22, 2023, 137 Stat. 501.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 118–31, div. A, title XIII, § 1351, Dec. 22, 2023, 137 Stat. 514, provided that: ‘‘This part [part 3 Page 2334 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10411 (§§ 1351–1354) of subtitle B of title XIII of div. A of Pub. L. 118–31, enacting subchapter III of this title and amending section 8680 of Title 10, Armed Forces] may be cited as the ‘AUKUS Submarine Transfer Authoriza- tion Act’.’’ SUBCHAPTER I—ADMINISTRATIVE PROVISIONS § 10411. AUKUS partnership oversight and ac- countability 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 partner- ship. (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 concur- rently 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 guid- ance to all bureaus of the Department of State specifying the Senior Advisor’s re- sponsibility for coordinating the implemen- tation of all AUKUS partnership-related ac- tivities. (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, secu- rity assistance, and Indo-Pacific and United Kingdom relations; (B) serve as the lead within the Depart- ment of State on matters relating to the AUKUS partnership in the interagency proc- ess; (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 re- gion; 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 in- clude— (i) Australia’s acquisition of convention- ally 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 re- spect to the Senior Advisor’s duties described in paragraph (2) through details, or assign- ment of employees of the Department of State, with expertise consistent with such du- ties. (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 in- ternally on issues relating to the implemen- tation 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 main- tain a unified list of all defense-related transactions that have taken place under the AUKUS partnership; (B) ensuring the establishment of a frame- work for gathering, maintaining, and ex- changing information relating to companies, individuals, or entities that are compro- mising security of military technology, de- fense articles, and defense services ex- changed under the AUKUS partnership; and (C) establishing an AUKUS industry forum for industry stakeholders, including non-tra- ditional defense contractors (as such term is defined in section 3014 of title 10), that will be open for the participation of foreign in- dustry involved in the AUKUS partnership. (3) Personnel to support the Task Force The personnel assigned to support the Senior Advisor under subsection (a)(3) shall also sup- port 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 com- mittees of the number of personnel, relevant ex- pertise of such personnel, and duties of such per- sonnel directly supporting the work of the Sen- ior 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 appli- cations for licenses to export defense arti- cles or defense services to persons, corpora-