[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4279 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4279

  To require the Department of State and the Department of Defense to 
  engage with the Government of Japan regarding areas of cooperation 
within the Pillar Two framework of the AUKUS partnership, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2024

    Mr. Romney (for himself, Mr. Kaine, Mr. Risch, and Mr. Hagerty) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To require the Department of State and the Department of Defense to 
  engage with the Government of Japan regarding areas of cooperation 
within the Pillar Two framework of the AUKUS partnership, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coordinating AUKUS Engagement with 
Japan Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) AUKUS official.--The term ``AUKUS official'' means a 
        government official with responsibilities related to the 
        implementation of the AUKUS partnership.
            (3) AUKUS partnership.--The term ``AUKUS partnership'' has 
        the meaning given that term in section 1321 of the National 
        Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 
        10401).
            (4) Commerce control list.--The term ``Commerce Control 
        List'' means the list maintained pursuant to part 774 of title 
        15, Code of Federal Regulations (or successor regulations).
            (5) State aukus coordinator.--The term ``State AUKUS 
        Coordinator'' means the senior advisor at the Department of 
        State designated under section 1331(a)(1) of the National 
        Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 
        10411(a)(1)).
            (6) Defense aukus coordinator.--The term ``Defense AUKUS 
        Coordinator'' means the senior civilian official of the 
        Department of Defense designated under section 1332(a) of the 
        National Defense Authorization Act for Fiscal Year 2024 (22 
        U.S.C. 10412(a)).
            (7) Pillar two.--The term ``Pillar Two'' has the meaning 
        given that term in section 1321(2)(B) of the National Defense 
        Authorization Act of Fiscal Year 2024 (22 U.S.C. 10401(2)(B)).
            (8) United states munitions list.--The term ``United States 
        Munitions List'' means the list set forth in part 121 of title 
        22, Code of Federal Regulations (or successor regulations).

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should continue to strengthen 
        relationships and cooperation with allies in order to 
        effectively counter the People's Republic of China;
            (2) the United States should capitalize on the 
        technological advancements allies have made in order to deliver 
        more advanced capabilities at speed and at scale to the United 
        States military and the militaries of partner countries;
            (3) the historic announcement of the AUKUS partnership laid 
        out a vision for future defense cooperation in the Indo-Pacific 
        among Australia, the United Kingdom, and the United States;
            (4) Pillar Two of the AUKUS partnership envisions 
        cooperation on advanced technologies, including hypersonic 
        capabilities, electronic warfare capabilities, cyber 
        capabilities, quantum technologies, undersea capabilities, and 
        space capabilities;
            (5) trusted partners of the United States, the United 
        Kingdom, and Australia, such as Japan, could benefit from and 
        offer significant contributions to a range of projects related 
        to Pillar Two of the AUKUS partnership;
            (6) Japan is a treaty ally of the United States and a 
        technologically advanced country with the world's third-largest 
        economy;
            (7) in 2022, Australia signed a Reciprocal Access Agreement 
        with Japan to facilitate reciprocal access and cooperation 
        between the Self-Defense Forces of Japan and the Australian 
        Defence Force;
            (8) in 2023, the United Kingdom signed a Reciprocal Access 
        Agreement with Japan to facilitate reciprocal access and 
        cooperation between the Self-Defense Forces of Japan and the 
        Armed Forces of the United Kingdom of Great Britain and 
        Northern Ireland;
            (9) in 2014, Japan relaxed its post-war constraints on the 
        export of non-lethal defense equipment, and in March 2024, 
        Japan further refined that policy to allow for the export of 
        weapons to countries with which it has an agreement in place on 
        defense equipment and technology transfers;
            (10) in 2013, Japan passed a secrecy law obligating 
        government officials to protect diplomatic and defense 
        information, and in February 2024, the Cabinet approved a bill 
        creating a new security clearance system covering economic 
        secrets; and
            (11) in April 2024, the United States, Australia, and the 
        United Kingdom announced they would consider cooperating with 
        Japan on advanced capability projects under Pillar Two of the 
        AUKUS partnership.

SEC. 4. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO COOPERATION.

    (a) Engagement Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the State AUKUS Coordinator and the 
        Defense AUKUS Coordinator shall jointly engage directly, at a 
        technical level, with the relevant stakeholders in the 
        Government of Japan--
                    (A) to better understand the export control system 
                of Japan and the effects of the reforms the Government 
                of Japan has made to that system since 2014;
                    (B) to determine overlapping areas of interest and 
                the potential for cooperation with Australia, the 
                United Kingdom, and the United States on projects 
                related to the AUKUS partnership and other projects;
                    (C) to identify areas in which the Government of 
                Japan might need to adjust the export control system of 
                Japan in order to guard against export control 
                violations or other related issues in order to be a 
                successful potential partner in Pillar Two of the AUKUS 
                partnership; and
                    (D) to assess the Government of Japan's 
                implementation and enforcement of export controls on 
                sensitive technologies with respect to the People's 
                Republic of China, including the implementation of 
                export controls on semiconductor manufacturing 
                equipment.
            (2) Consultation with aukus officials.--In carrying out the 
        engagement required by paragraph (1), the State AUKUS 
        Coordinator and the Defense AUKUS Coordinator shall consult 
        with relevant AUKUS officials from the United Kingdom and 
        Australia.
    (b) Briefing Requirement.--Not later than 30 days after the date of 
the engagement required by subsection (a), the State AUKUS Coordinator 
and the Defense AUKUS Coordinator shall jointly brief the appropriate 
congressional committees on the following:
            (1) The findings of that engagement.
            (2) A strategy for follow-on engagement.

SEC. 5. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH JAPAN ON AUKUS 
              PILLAR TWO.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State, with the concurrence of the Secretary of 
Defense, shall submit to the appropriate congressional committees a 
report assessing the potential for cooperation with Japan on Pillar Two 
of the AUKUS partnership, detailing the following:
            (1) Projects the Government of Japan is engaged in related 
        to the development of advanced defense capabilities under 
        Pillar Two of the AUKUS partnership.
            (2) The average and median length of time it takes to 
        approve licenses to export products on the United States 
        Munitions List and the Commerce Control List to Japan.
            (3) Areas of potential cooperation with Japan on advanced 
        defense capabilities within and outside the scope of Pillar Two 
        of the AUKUS partnership.
            (4) The Secretaries' assessment of the current export 
        control system of Japan, including--
                    (A) the procedures under that system for protecting 
                classified and sensitive defense, diplomatic, and 
                economic information;
                    (B) the effectiveness of that system in protecting 
                such information; and
                    (C) such other matters as the Secretaries consider 
                appropriate.
            (5) Any reforms by Japan that the Secretary of State 
        considers necessary before considering including Japan in the 
        privileges provided under Pillar Two of the AUKUS partnership.
            (6) Any recommendations regarding the scope and conditions 
        of potential cooperation with Japan under Pillar Two of the 
        AUKUS partnership.
            (7) A strategy and forum for communicating the potential 
        benefits of and requirements for engaging in projects related 
        to Pillar Two of the AUKUS partnership with the Government of 
        Japan.
            (8) Any views provided by AUKUS officials from the United 
        Kingdom and Australia on issues relevant to the report, and a 
        plan for cooperation with such officials on future engagement 
        with the Government of Japan related to Pillar Two of the AUKUS 
        partnership.
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