[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5484-S5485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3165. Mr. ROMNEY (for himself and Mr. Kaine) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Coordinating AUKUS Engagement With Japan
SEC. 1291. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and
Urban Affairs 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. 1292. 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. 1293. 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, the
Defense AUKUS Coordinator, and the designee of the Under
Secretary of Commerce for Industry and Security 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
[[Page S5485]]
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, the Defense AUKUS Coordinator, and the designee
of the Under Secretary of Commerce for Industry and Security
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, the Defense AUKUS Coordinator, and the
designee of the Under Secretary of Commerce for Industry and
Security shall jointly brief the appropriate congressional
committees on the following:
(1) The findings of that engagement.
(2) A strategy for follow-on engagement.
SEC. 1294. 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 and the Secretary of Commerce, 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) Areas of potential cooperation with Japan on advanced
defense capabilities within and outside the scope of Pillar
Two of the AUKUS partnership.
(3) 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.
(4) 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.
(5) Any recommendations regarding the scope and conditions
of potential cooperation with Japan under Pillar Two of the
AUKUS partnership.
(6) 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.
(7) 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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