Allied Defense Sales Act
Officially: “Allied Defense Sales Act” Read the full text
What it does
Read it in plain language
1Short title
This section gives the Act its short title, the Allied Defense Sales Act.
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1. Short title This Act may be cited as the Allied Defense Sales Act .
2Strategy and report on multinational procurement from the United States
Not later than 180 days after this Act becomes law, this section would require the Secretary of State to implement a strategy to encourage foreign partners to take part in the foreign military sales and direct commercial sales processes on a multinational basis. That strategy would have to incorporate the State Department's existing efforts to: survey interest in participating in multinational procurement among potentially eligible countries; identify countries and partners who may be eligible to serve as the lead purchase coordinator for a multinational procurement process, and identify potential incentives to get them to take on that role; review pathways for participation in foreign military sales or direct commercial sales for countries found ineligible for foreign military financing loans; identify challenges the Department faces in carrying out multinational procurement consistent with the Arms Export Control Act, including end-use monitoring, technical assistance agreements, and license filing requirements, along with solutions to those challenges; identify ways to provide expedited license authorizations, sales other than for programs of record, and other ways to speed up and ease use of multinational procurement processes; detail the benefits of multinational procurement processes for national security, including enhanced military interoperability and a stronger domestic industrial base; and identify opportunities to develop and promote exportable defense articles and services, including for the AUKUS partnership. Not later than 180 days after enactment, and every 180 days after that for 3 years, the Secretary would have to submit a report on the strategy and its implementation to the appropriate congressional committees. Each report would also have to include an update on developing and implementing the strategy since the most recent prior report (if any), a description of challenges faced in implementing the strategy, a description of all efforts the Department has made to overcome those challenges, a list and description of any legislative changes that might be needed to fully implement a multinational procurement process for foreign military sales and direct commercial sales, and a description of efforts to promote exportable defense articles and services specifically for multinational procurement processes, including those supporting the AUKUS partnership. The report would have to be submitted in unclassified form, though it could include a classified annex. The section defines 'appropriate congressional committees' as the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; defines 'AUKUS partnership' as the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States announced in September 2021; and defines 'multinational procurement process' as a process in which the United States sells defense articles or services to a lead foreign nation with the intent that those articles or services will later be transferred to a previously identified group of participating countries, or to countries identified through a qualifying multilateral partnership agreement, such as a cross-servicing agreement described in section 2350 of title 10, United States Code.
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2. Strategy and report on multinational procurement from the United States (a) Strategy Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall implement a strategy to encourage foreign partners to participate in the foreign military sales and direct commercial sales processes on a multinational basis. Such strategy shall incorporate existing efforts by the Department of State to— (1) survey interest in participating in such multinational procurement processes among potentially eligible countries; (2) identify countries and partners who may be eligible to serve as the lead purchase coordinator for a multinational procurement process, and potential incentives for their participation as lead coordinator; (3) review pathways for participation in foreign military sales or direct commercial sales processes for countries determined to be ineligible for foreign military financing loans; (4) identify challenges and solutions for the Department in carrying out such processes in accordance with the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), including applicable end-use monitoring, technical assistance agreements, and license filing requirements; (5) identify ways to provide for expedited license authorizations, sales other than for programs of record, and other potential efforts to increase speed and ease enhanced use of multinational procurement processes; (6) detailing the benefits of multinational procurement processes to the national security interest, including enhanced military interoperability and strengthening the domestic industrial base; and (7) identify opportunities to develop and promote exportable defense articles and services, including for purposes of supporting the AUKUS partnership. (b) Report Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 3 years, the Secretary shall submit to the appropriate congressional committees a report on the strategy required by subsection (a) and its implementation. Such report shall also include— (1) an update on the development and implementation of the initial strategy during the period following the most recent prior submission of such report (if any); (2) a description of challenges faced in the implementation of the strategy; (3) a description of all efforts the Department has undertaken to overcome such challenges; (4) a list and description of any potential legislative changes necessary to fully implement a multinational procurement process for foreign military sales and direct commercial sales; and (5) a description of efforts to promote exportable defense articles and services specifically for use in multinational procurement processes, including those supporting the AUKUS partnership. (c) Form The report required by subsection (b) shall be submitted in unclassified form and may include a classified annex. (d) Definitions In this section— (1) 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; (2) the term AUKUS partnership means the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States announced in September 2021; and (3) the term multinational procurement process refers to a process by which defense articles or services are sold by the United States to a lead foreign nation, with the intent that the articles or services so sold will subsequently be retransferred to a previously identified group of participating countries, or to countries identified by reference to a qualifying multilateral partnership agreement, such as a cross-servicing agreement described in section 2350 of title 10, United States Code.
Where it is
In the House.