TORPEDO Act of 2023, Sec. 12 (Expedited release of advanced technologies to Australia, Canada, and the United Kingdom through the foreign military sales program)

Proposed 2023-05-04 | Official source

Summary

Expedites the release of AI and other advanced technologies to Australia, Canada, and the UK through the Foreign Military Sales program. Establishes a fast-track decision-making process for AI capabilities, with a presumption of approval, and anticipatory release policy.

This summary is awaiting validation (peer review by a second AGORA editor).

Key facts

🏛️ This document was proposed and/or enacted by the United States Congress but is now defunct. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the government, rather than the private sector.

📜 This document's name is TORPEDO Act of 2023, Sec. 12 (Expedited release of advanced technologies to Australia, Canada, and the United Kingdom through the foreign military sales program). It is part of TORPEDO Act of 2023.

↳ This document is part of a longer one: TORPEDO Act of 2023. Some AGORA documents are "split off" from longer documents that mix AI and non-AI content, such as omnibus authorization or appropriations laws in the United States Congress. Read more >>

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

Governance strategies (2)

Full text

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Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

SEC. 12. EXPEDITED RELEASE OF ADVANCED TECHNOLOGIES TO AUSTRALIA, CANADA, AND THE UNITED KINGDOM THROUGH THE FOREIGN MILITARY SALES PROGRAM. (a) Preclearance Of Certain Military Sales Items.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, and in conjunction with coordinating entities such as the National Disclosure Policy Committee, the Arms Transfer and Technology Release Senior Steering Group, and other appropriate entities, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Australia, Canada, and the United Kingdom through the Foreign Military Sales program.

(2) RULES OF CONSTRUCTION REGARDING SELECTION OF ITEMS.— (A) NO LIMITATION ON FOREIGN MILITARY SALES PROGRAM ACTIVITIES.—The list compiled pursuant to paragraph (1) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Australia, the United Kingdom, and Canada under the Foreign Military Sales program. (B) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—Nothing in this Act shall be construed to supersede congressional notification requirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.).

(b) Expedited Processing Of Foreign Military Sales Requests.—The Secretary of State and the Secretary of Defense shall expedite the processing of requests of Australia, the United Kingdom, and Canada under the Foreign Military Sales program.

(c) Release Policy For Australia, Canada, And The United Kingdom.—The Secretary of State, in consultation with the Secretary of Defense, shall create an anticipatory release policy for key Foreign Military Sales capabilities for Australia, the United Kingdom, and Canada. Review of these capabilities for releasability shall be subject to a “fast track” decision-making process with a presumption of approval. The capabilities subject to this policy should include— (1) Pillar One technologies associated with submarine and associated combat systems; and (2) Pillar Two technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, and undersea capabilities, and other advanced technologies.

AI-focused summary

Requires the Secretary of State, in consultation with the Secretary of Defense, to establish a fast-track, presumptively approved policy for releasing key Foreign Military Sales capabilities—including submarine systems and advanced technologies like hypersonics, cyber, AI, quantum, and undersea systems—to Australia, the United Kingdom, and Canada.

(d) Interagency Policy.—The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests, including incorporating the anticipatory release provisions of this section.