I 
118TH CONGRESS 
1ST SESSION H. R. 4725 
To conduct oversight and accountability of the State Department’s 
implementation of AUKUS, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2023 
Mr. MCCAUL (for himself, Mrs. KIM of California, Mr. KEAN of New Jersey, 
and Mr. HUIZENGA) introduced the following bill; which was referred to 
the Committee on Foreign Affairs 
A BILL 
To conduct oversight and accountability of the State Depart-
ment’s implementation of AUKUS, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘AUKUS Oversight and 
Accountability Act’’ or the ‘‘AOA Act’’. 
SEC. 2. ESTABLISHMENT OF SENIOR ADVISOR. 
(a) SENIOR ADVISOR FOR AUKUS.— 
(1) IN GENERAL.—The Secretary of State shall 
appoint, from among the leadership of the Depart-
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ment 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 con-
currently oversee and coordinate the implementation 
of the AUKUS partnership announced September 
15, 2021. The Senior Advisor shall report directly to 
the Secretary of State. 
(2) USE
OF
EXISTING
AUTHORIZATION.—No 
additional amounts are authorized to be appro-
priated to establish the senior advisor described in 
subsection (a). 
(3) DUTIES.—It shall be the duty of the Senior 
Advisor to— 
(A) coordinate efforts to implement the 
AUKUS agreement across relevant bureaus, di-
rectorates, and offices of the Department of 
State; 
(B) represent the Department of State on 
matters relating to AUKUS in the interagency 
process; 
(C) engage with relevant governing bodies 
in the United Kingdom and Australia; and 
(D) issue guidance, including proposed reg-
ulations, to reduce barriers to defense collabora-
tion, innovation, trade, and production with the 
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Governments and industry partners of the 
United States, United Kingdom, and Australia. 
(b) AUKUS TASK FORCE.— 
(1) ESTABLISHMENT.—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 sub-
section (a). 
(2) USE
OF
EXISTING
AUTHORIZATION.—No 
additional amounts are authorized to be appro-
priated to establish the Task Force described in 
paragraph (1). 
(3) PERSONNEL TO SUPPORT THE SENIOR AD-
VISOR.—The Secretary of State shall ensure that the 
Senior Advisor is adequately staffed through the as-
signment of existing Department employees and ap-
pointment of officials representing relevant bureaus. 
(4) DUTIES.—It shall be the duty of the Task 
Force to— 
(A) meet at least once every 60 days to co-
ordinate on issues pertaining to the successful 
implementation of the AUKUS agreement; 
(B) coordinate an ongoing working group 
among the interagency on the effectiveness of 
arms export regulations and laws relevant to 
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implementation of the AUKUS agreement that 
may be joined by appropriate officials of the 
United Kingdom and Australia; 
(C) 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; 
(D) create and maintain a list of vendors 
that commonly participate in defense-related 
trade between United States, Australia, and the 
United Kingdom; 
(E) coordinate the design and implementa-
tion of an established pathway for United 
States defense partners and treaty allies to ob-
tain 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 arti-
cles and defense services; 
(F) create a framework for gathering, 
maintaining, and exchanging information per-
taining to companies, individuals, or entities en-
gaged in compromising technology security in 
contravention to the AUKUS agreement; and 
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(G) establish an AUKUS industry forum 
for industry stakeholders, including non-tradi-
tional defense contractors (as such term is de-
fined in section 3014 of title 10, United States 
Code), that will be open for the participation of 
foreign industry involved in the AUKUS part-
nership. 
(5) REPORTS REQUIRED.— 
(A) QUARTERLY REPORTING.—The Senior 
Advisor shall submit to the appropriate congres-
sional committees a report every 90 days that 
includes— 
(i) 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 inter-
agency; 
(ii) a detailed description of any 
issues that representatives of the United 
Kingdom or Australia have brought to the 
attention of the United States that threat-
en the stated goals of the AUKUS agree-
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ment and any efforts within the Depart-
ment to resolve these issues; 
(iii) any delays and the reasons for 
these delays to defense-related transactions 
between the United States, the United 
Kingdom, and Australia, reflecting govern-
ment and industry input; 
(iv) detailed description of Depart-
ment 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 
(v) any violations of the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) or re-
lated regulations committed by United 
States persons with respect to transactions 
involving the United Kingdom or Australia. 
(B) ANNUAL REPORTING.—The Senior Ad-
visor shall annually submit to the appropriate 
congressional committees a report listing the 
transactions that have taken place involving the 
AUKUS partners and including— 
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(i) a description of programs author-
ized under the AUKUS agreement; 
(ii) an identification of the AUKUS 
entities involved; 
(iii) 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 
(iv) a valuation of the reduction in 
Department licensing review times elimi-
nated, including review times reduced 
across the interagency. 
(6) RESOURCES FOR THE TASK FORCE.— 
(A) REGISTRATION
AND
OTHER
FEES.— 
Section 45 of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2717) is 
amended— 
(i) in the matter preceding paragraph 
(1)— 
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(I) in the first sentence, by strik-
ing ‘‘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 
(II) in the second sentence, by 
inserting 
‘‘management, 
licensing, 
compliance, or policy activities in the 
defense trade controls function, in-
cluding’’ after ‘‘incurred for’’; 
(ii) in paragraph (1), by striking 
‘‘contract personnel to assist in’’; 
(iii) in paragraph (2), by striking ‘‘; 
and’’ and inserting a semicolon; 
(iv) in paragraph (3), by striking the 
period at the end and inserting a semi-
colon; and 
(v) by adding at the end the following 
new paragraphs: 
‘‘(4) the facilitation of defense trade policy de-
velopment, implementation, and cooperation, includ-
ing implementation of the trilateral security partner-
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ship between the United States, the United King-
dom, 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 ex-
ercise of defense trade control authorities; and 
‘‘(5) contract personnel to assist in such activi-
ties.’’. 
(B) USE OF FOREIGN MILITARY SALES AD-
MINISTRATIVE FUNDS.—Notwithstanding para-
graph (3) of section 43(b) of the Arms Export 
Control Act (22 U.S.C. 2792(b)(3)), with re-
spect 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 nec-
essary to support the sustainment of the Task 
Force. 
(c) SUNSET.—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. 
(d) RENEWAL.—The Secretary of State may renew 
the position of the Senior Advisor for an additional period 
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of 4 years, following notification to the appropriate con-
gressional committees of the renewal. 
SEC. 3. MODIFICATIONS TO ARMS EXPORT CONTROL ACT 
AND OTHER AUTHORITIES. 
(a) EXPANSION OF AUTHORITIES TO CONTROL ARMS 
EXPORTS AND IMPORTS.—Section 38 of the Arms Export 
Control Act of 1976 (22 U.S.C. 2778) is amended by add-
ing at the end the following new subsection: 
‘‘(l) EXEMPTION FROM LICENSING AND APPROVAL 
REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2) 
and notwithstanding any other provision of this sec-
tion, the President, acting through the Secretary of 
State, may exempt from the licensing or other ap-
proval requirements of this section exports and 
transfers (including reexports, retransfers, tem-
porary imports, and brokering activities) of defense 
items with respect to one or more countries. 
‘‘(2) REQUIRED STANDARDS OF EXPORT CON-
TROLS.—The Secretary of State may only exercise 
the authority under paragraph (1) after the Sec-
retary submits to Congress a certification that the 
applicable country has implemented standards for a 
systems of export controls— 
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‘‘(A) that satisfies the elements of sub-
section (j)(2)(A) with respect to defense items; 
and 
‘‘(B) that are at least comparable to those 
administered by the United States with respect 
to the provision of military training. 
‘‘(3) ADDITIONAL EXEMPTION FROM CERTAIN 
CERTIFICATION
REQUIREMENTS.—Paragraphs (1) 
through (3) of section 3(d) shall not apply to trans-
fers (including transfers of United States Govern-
ment sales or grants, or commercial exports author-
ized under this Act) with respect to which the re-
quirements of this section are exempted pursuant to 
paragraph (1). 
‘‘(4) REPORTING
REQUIRED
FOR
EXEMPTED 
TRANSFERS.—The Secretary of State shall require 
any person transferring a defense item between or 
among the United States and another country that 
would be subject to the licensing requirements of 
paragraphs (1) through (3) of section 3(d) but for 
the application of paragraph (3) of this subsection 
to report that transfer to the Secretary not later 
than 90 days after the transfer occurs.’’. 
(b) UNITED STATES MUNITIONS LIST PERIODIC RE-
VIEW.— 
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(1) IN GENERAL.—The Secretary of State, act-
ing through authority delegated by the President to 
carry out periodic reviews of items on the United 
States Munitions List under section 38(f) of the 
Arms Export Control Act (22 U.S.C. 2778(f)) and 
in coordination with the Secretary of Defense, the 
Secretary of Energy, the Secretary of Commerce, 
and the Director of the Office of Management and 
Budget, shall carry out such reviews not less fre-
quently than every 3 years. 
(2) SCOPE.—The periodic reviews described in 
paragraph (1) shall focus on matters including— 
(A) interagency resources to address cur-
rent threats faced by the United States; 
(B) the evolving technological and eco-
nomic landscape; 
(C) the widespread availability of certain 
technologies and items on the United States 
Munitions List; and 
(D) risks of misuse of United States-origin 
defense articles. 
(3) CONSULTATION.—The Department of State 
may consult with the Defense Trade Advisory Group 
and other interested parties, including nontraditional 
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defense contractors, in conducting the periodic re-
view described in paragraph (1). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, 
Committee on the Armed Services, and Com-
mittee on Appropriations of the House of Rep-
resentatives; and 
(B) the Committee on Foreign Relations, 
Committee on the Armed Services, and Com-
mittee on Appropriations of the Senate. 
(2) AUKUS AGREEMENT.—The term ‘‘AUKUS 
agreement’’ means the trilateral security partnership 
between the United States, the United Kingdom, 
and Australia that was announced on September 15, 
2021. 
Æ 
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