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AUKUS Submarine Defence Act would be first time US sells nuclear-powered subs to foreign country

If a proposal by the Democratic Party of the United States were approved, it would be the first time in history that a nuclear-powered submarine could be delivered to another country, specifically the Virginia-class submarines to Australia.

Three Democratic members of the United States House of Representatives have introduced a bill to grant the necessary authorisations for the transfer of Virginia-class nuclear-powered attack submarines to Australia as part of the trilateral security agreement known as AUKUS (Australia-United Kingdom-United States), which also involves the United Kingdom.

If the agreement is ultimately finalised, as seems likely, it will be the first time that the United States sells or conveys a submarine with nuclear propulsion to a foreign nation. Before delivery, the United States Navy would remove essential apparatus, particularly communications. The delivery is being made to one of Washington’s most dependable allies in the strategically vital Indo-Pacific region, extending back to World War II.

The AUKUS Submarine Defence Act was introduced by New York Representative Gregory Meeks and sponsored by Joe Courtney of Connecticut and Ami Bera of California, both Democrats. In addition to authorising the transfer of submarines, the legislative initiative seeks to enable U.S. personnel to train Royal Australian Navy (RAN) and private defence sector personnel and incorporate Australian financial contributions into the U.S. defence industrial base.

The Virginia (SSN774), as seen in this January 2003 construction photograph at General Dynamics Electric Boat in Groton, Conn., is the lead ship in a new class of attack submarines being built by Electric Boat and by Northrop Grumman Newport News in Newport News, Va. The Virginia is scheduled to be delivered to the U.S. Navy in 2004. (Credit: General Dynamics Electric Boat)

As one of the most ardent supporters of the agreement in Congress, Courtney has raised several legal issues that could impede the United States’ participation in the AUKUS-related security pact. In a recent opinion article, he elaborated on how Congress should proceed to eradicate these obstacles.

In a statement released on June 9th, Courtney, ranking member of the Subcommittee on Seapower and Projection Forces of the House Armed Services Committee, described this enabling legislation as a crucial first step towards swift action by Congress in support of this initiative. Passage of this commonsense measure, drafted in collaboration with the Department of Defence, will demonstrate the U.S. Congress’s commitment to the AUKUS initiative, adding that he looks forward to working to advance this initiative.

The law’s ratification will also formalise the Australian government’s monetary compensation to the United States. During a hearing before the House Foreign Affairs Committee on May 31st, Mara Karlin, the Undersecretary of Defence for Strategy, Plans, and Capabilities, stated that without this legislative proposal, the United States could not receive this money. Although the three nations’ leaders presented the general AUKUS plan earlier this year, many of the agreement’s specifics remain undisclosed.

It is unclear whether the United States will provide three or five Virginia-class submarines to the Royal Australian Navy as an interim capability until the delivery of the first new AUKUS-class submarines in the early 2040s.

It is also yet to be determined how many of these submarines will be drawn from the U.S. Navy’s extant fleet and how many will be newly built in American shipyards for this, as of now, the sole customer. According to Australian media, senior officials of the Royal Australian Navy hope to receive at least one newly constructed Virginia-class vessel.

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