ARMOR Act
Officially: “ARMOR Act” Read the full text
What it does
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1Short title
This section would give the Act the short title the AUKUS Reform for Military Optimization and Review Act, also called the ARMOR Act.
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1. Short title This Act may be cited as the AUKUS Reform for Military Optimization and Review Act or the ARMOR Act .
2Sense of Congress
This section states the sense of Congress that the President should work with the governments of the United Kingdom and Australia to formulate policy addressing matters of extraterritoriality. Congress says these matters may create inefficiencies in defense repair, maintenance, and sustainment among Australia, the United Kingdom, and the United States for defense articles and services that are not on the excluded technology list. As a sense-of-Congress statement, this section states an opinion of Congress and would not itself require the President or any agency to take action.
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2. Sense of Congress It is the sense of Congress that the President should work with the governments of the United Kingdom and Australia to formulate policy that would address matters of extraterritoriality, which may present inefficiencies in defense repair, maintenance, and sustainment among Australia, the United Kingdom, and the United States for defense articles and services not on the excluded technology list.
3Modification of provisions relating to defense trade and cooperation among Australia, the United Kingdom, and the United States
This section would make three changes to existing law on defense trade and cooperation among Australia, the United Kingdom, and the United States. First, it would expand the expedited export-license review process created by section 1344(c) of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10423(c)). That expedited process would now apply not only to exports but to all exports and transfers, including reexports, retransfers, temporary imports, and brokering activities, that occur wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States. It would also expand which license applications qualify for this expedited review: instead of covering only applications to export defense articles and services, it would cover applications to transfer, export, reexport, retransfer, temporarily import, or broker defense articles and services wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States. Not later than 180 days after this Act becomes law, and then every year for 15 years, the President would have to submit a report on the use of this expedited review process to the Chairpersons and Ranking Members of the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations, the Speaker of the House of Representatives, and the Majority Leader of the Senate. Each report would have to include an update on progress implementing the expedited review process, the number of licenses issued under it, a list of each principal applicant that was issued a license, and a list of the defense articles and services for which a license was issued. Second, this section would amend section 38(l)(2) of the Arms Export Control Act (22 U.S.C. 2778(l)(2)), which contains an exemption for exports or transfers of defense articles or defense services among the United States, the United Kingdom, and Australia. This section would add that when that exemption applies, the congressional notification requirements in subsections (c) and (d) of section 36 of that Act would not apply to that export or transfer. Third, this section would require the Secretary of State, in consultation with the Secretary of Defense, to review Supplement No. 2 to part 126 of the International Traffic in Arms Regulations (parts 120 through 130 of title 22, Code of Federal Regulations), commonly known as the Excluded Technologies List. That review would happen annually during a covered period, defined as the 5-year period beginning 180 days after this Act becomes law, and every 3 years after that period ends. The purpose of each review would be to make sure the list includes only those items that a statute requires to be on it, or that the Secretary of State and the Secretary of Defense otherwise determine must remain subject to licensing review for national security reasons.
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3. Modification of provisions relating to defense trade and cooperation among Australia, the United Kingdom, and the United States (a) Expansion of expedited review of export licenses (1) In general Section 1344(c) of the National Defense Authorization Act for Fiscal Year 2024 ( 22 U.S.C. 10423(c) ) is amended— (A) by striking classified and unclassified items, and the process and inserting classified and unclassified items, and apply to all exports and transfers (including reexports, retransfers, temporary imports, and brokering activities),wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States, and the process ; and (B) in paragraph (1), by striking Any licensing application to export defense articles and services and inserting Any licensing application to transfer, export, reexport, retransfer, temporarily import, or broker defense articles and services wholly within or between the geographic territory of Australia, Canada, the United Kingdom, or the United States . (2) Report (A) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 15 years, the President shall submit to the Chairpersons and Ranking Members of the appropriate congressional committees, the Speaker of the House of Representatives, and the Majority Leader of the Senate a report with respect to the use of the expedited review process established by section 1344 of the National Defense Authorization Act for Fiscal Year 2024 ( 22 U.S.C. 10423 ), that includes the following: (i) An update on the progress made toward implementing such expedited review process. (ii) The number of licenses issued. (iii) A list of each principal applicant issued a license. (iv) A list of defense articles and services for which a license was issued. (B) Appropriate congressional committees defined In this paragraph, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (b) Clarification of congressional notification requirement Section 38(l)(2) of the Arms Export Control Act ( 22 U.S.C. 2778(l)(2) ) is amended by striking the United States, the United Kingdom, and Australia. and inserting the United States, the United Kingdom, and Australia. The congressional notification requirements of subsections (c) and (d) of section 36 shall not apply with respect to the export or transfer of defense articles or defense services subject to the exemption described in this paragraph. (c) Requirement To review excluded technologies list (1) In general The Secretary of State, in consultation with the Secretary of Defense, shall review, annually for the covered period, and every 3 years thereafter, Supplement No. 2 to part 126 of the International Traffic in Arms Regulations (parts 120–130 of title 22, Code of Federal Regulations)(commonly known at the Excluded Technologies List ) to ensure inclusion of only those items required by statute, or otherwise determined by such Secretaries, to require continued licensing review for national security reasons. (2) Covered period defined In this subsection, the term covered period means the 5-year period beginning 180 days after the date of the enactment of this Act.
Where it is
In the House.