II 118th CONGRESS 2d Session S. 4279 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.

1. Short title This Act may be cited as the Coordinating AUKUS Engagement with Japan Act of 2024 . 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). 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. 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. 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.