AUKUS Subs Deal: Pentagon Seeks Congress Greenlight for Sub Transfer

The Pentagon building in Washington, on Dec. 26, 2011. (AFP via Getty Images)

The Pentagon has requested Congress to greenlight the transfer of up to two nuclear power submarines to Australia.

The legislative proposals (pdf), which were first submitted on May 2 and made available online on May 23, come as U.S. defence officials argue that while the transfer may have a short-term effect, the transfer would allow the AUKUS submarine security cooperation to "keep those submarines in use by a close ally to maintain our collective defense."

"This project, referred to as AUKUS, will require significant coordination and cooperation among the governments of Australia, the United Kingdom, and the United States, as well as among their defense industrial bases. This proposal will authorize some of the early necessary steps in the process and will signal to Australia and the United Kingdom that this is a long-term commitment by the United States to an enduring relationship with trilateral cooperation on some of the most sensitive technologies," the U.S. Department of Defence said.

The submission of the proposals to Congress comes as a surprise after the AUKUS announcement outlined that Australia was set to purchase between three to five Virginia-class submarines in the 2030s as part of phase two of the pact.

However, according to the proposal, the legislation does not state when the United States Navy will transfer the Virginia class submarines.

The Pentagon says this is because there needs to be a small amount of flexibility as the transfers may not occur for a significant period of time and will be conditioned on Australian readiness to safely and effectively operate such vessels.

"This flexibility is also necessary so that Royal Australian Navy personnel have time to complete schoolhouse and on-the-job training, Australian private-shipyard personnel have time to acquire training on submarine production and repair from the United States Navy and United States contractors, and the Government of Australia and the Australian defense industrial base have time to develop and build adequate infrastructure," the Pentagon states in the proposal.

The democrats have welcomed the submission, with Rep. Joe Courtney (D-Conn.) telling Defence News he was looking forward to fulfilling these goals. Courtney serves on the Armed Services Committee’s sea power panel.

“The Department of Defense’s legislative proposals are the latest example of President [Joe] Biden’s commitment to fulfilling the AUKUS agreement,” said Courtney.

“Importantly, the proposals spell out a clear path forward to facilitate the transfer of Virginia-class submarines to Australia while ensuring we have the necessary authorities to accept the Australian Government’s investments to enhance our submarine industrial base capacity and provide training for Australian personnel.”

Biden Wants to Give Australia Preferential Treatment

The proposals come after President Joe Biden announced that he would ask the United States Congress to add Australia as a “domestic source” within the meaning of Title III of the Defense Production Act.

"Doing so would streamline technological and industrial base collaboration, accelerate and strengthen AUKUS implementation, and build new opportunities for United States investment in the production and purchase of Australian critical minerals, critical technologies, and other strategic sectors," the president said in a joint statement with Australian Prime Minister Anthony Albanese.

These changes will allow the U.S. to use the Defense Production Act grants for the Australian industry to implement the technology-sharing components of AUKUS, known as Pillar II.

These capabilities are different from the submarine deal and include joint development on hypersonic weapons, quantum technologies, and artificial intelligence.

US Congress Accused of Getting Cold Feet on AUKUS

The proposals come as Congress has been accused of getting cold feet over the AUKUS deal after a congressional report titled 'Navy Virginia (SSN-774) Class Attack Submarine Procurement: Background and Issues for Congress,' argued congressional sceptics believe it could weaken U.S. deterrence of Chinese aggression if China believed that Australia would use the subs less effectively than the U.S. Navy.

Or that there was a potential for Australia to not involve its military, including its Virginia-class boats, in U.S.-China crises or conflicts that Australia viewed as not engaging important Australian interests.

The report references Australian Defence Minister Richard Marles' comments from March 2023 which confirmed that in exchange for the Virginia-class boats, Australia’s government made no promises to the United States that Australia would support the United States in a future conflict over Taiwan.

"Skeptics of transferring Virginia-class SSNs from the United States to Australia might argue that it could weaken deterrence of potential Chinese aggression if China were to find reason to believe, correctly or not, that Australia might use the transferred Virginia-class boats less effectively than the U.S. Navy would use them if the boats were retained in U.S. Navy service, or that Australia might not involve its military, including its Virginia-class boats, in U.S.-China crises or conflicts that Australia viewed as not engaging important Australian interests," the report said.

"In connection with the latter scenario, Australian Defence Minister Richard Marles in March 2023 reportedly confirmed that in exchange for the Virginia-class boats, Australia’s government made no promises to the United States that Australia would support the United States in a future conflict over Taiwan."

The Epoch Times has reached out to the Australian Defence Minister for comment over the report.