[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.
<all>