AUKUS Improvement Act of 2025

119 S2130 RS: AUKUS Improvement Act of 2025 U.S. Senate 2025-10-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 235 119th CONGRESS 1st Session S. 2130 IN THE SENATE OF THE UNITED STATES June 18, 2025 Mr. Ricketts (for himself, Mr. Kaine , Mr. Cornyn , Mr. Coons , Mrs. Fischer , Mr. Murphy , Mr. Scott of Florida , Mr. Sullivan , Ms. Ernst , Mr. Bennet , Ms. Rosen , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations October 30, 2025 Reported by Mr. Risch , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To make improvements to the AUKUS partnership, and for other purposes. 1. Short title This Act may be cited as the AUKUS Improvement Act of 2025 . 2. Flexibility with respect to certain Arms Export control Act and other arms transfer requirements Section 38(l) of the Arms Export Control Act ( 22 U.S.C. 2778(l) ) is amended by adding at the end the following new paragraph: (8) Exemption from certain requirements (A) In general Defense articles sold by the United States under this Act may be reexported, retransferred or temporarily imported exclusively between the Government of Australia, the Government of the United Kingdom, or entities eligible under section 126.7(b)(2) of title 22 of the Code of Federal Regulations, or successor regulations. Such transfers shall not require the consent of the President under section 3(a)(2) of this Act, or under section 505(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2314(a)(1)(B) ). (B) Intra-company, intra-organizational, and intra-governmental transfers Intra-company, intra-organization, and intra-governmental transfers related to defense articles and defense services described under subparagraph (A) are authorized between officers, employees, and agents who satisfy section 120.64 of title 22 of the Code of Federal Regulations, or successor regulations, including dual or third country nationals who satisfy section 126.18 of title 22 of the Code of Federal Regulations, or successor regulations. . 3. Elimination of certification requirement for commercial technical assistance or manufacturing license agreements involving Australia and the United Kingdom Section 36(d)(2) of the Arms Export Control Act ( 22 U.S.C. 2776(d)(2) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking A certification and inserting (A) A certification ; (3) in clause (i), as redesignated by paragraph (1), by striking North Atlantic Treaty Organization or Australia, Japan and inserting North Atlantic Treaty Organization (excluding the United Kingdom) or Japan ; and (4) by adding at the end the following new subparagraph: (B) A certification under this subsection shall not be required in the case of an agreement for or in Australia or the United Kingdom. . 1. Short title This Act may be cited as the AUKUS Improvement Act of 2025 . 2. Flexibility with respect to certain Arms Export control Act and other arms transfer requirements Section 38(l) of the Arms Export Control Act ( 22 U.S.C. 2778(l) ) is amended by adding at the end the following new paragraph: (8) Exemption from certain requirements (A) In general Defense articles sold by the United States under this Act, whether pursuant to the exemption authorized under this section or identical to defense articles eligible for export under that exemption, may be reexported, retransferred or temporarily imported exclusively between the Government of Australia, the Government of the United Kingdom, or entities eligible under section 126.7(b)(2) of title 22 of the Code of Federal Regulations, or successor regulations, notwithstanding the requirement for the consent of the President under section 3(a)(2) of this Act, or under section 505(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2314(a)(1)(B) . (B) Intra-company, intra-organizational, and intra-governmental transfers Intra-company, intra-organization, and intra-governmental transfers related to defense articles and defense services described under subparagraph (A) are authorized between officers, employees, and agents who satisfy section 120.64 of title 22 of the Code of Federal Regulations, or successor regulations, including dual or third country nationals who satisfy section 126.18 of title 22 of the Code of Federal Regulations, or successor regulations. . 3. Elimination of certification requirement for commercial technical assistance or manufacturing license agreements involving Australia and the United Kingdom Manufacturing Licensing Agreements and Technical Licensing Agreements for Australia and the United Kingdom that do not involve defense articles that are not subject to the licensing exemption under section 38(l) of the Arms Export Control Act ( 22 U.S.C. 2778(l) ) are not subject to the requirements for congressional notification pursuant to section 36(d) of that Act ( 22 U.S.C. 2776(d) ). October 30, 2025 Reported with an amendment