[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4129 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4129

  To promote peace through strength in Taiwan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2022

   Mr. Rubio introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To promote peace through strength in Taiwan, 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 ``Taiwan Peace through Strength Act of 
2022''.

SEC. 2. ANTICIPATORY POLICY PLANNING AND ANNUAL REVIEW OF UNITED STATES 
              WAR PLANS TO DEFEND TAIWAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense shall conduct a classified review of United States war plans to 
defend Taiwan and share the results of the review with the Chairman and 
Ranking Member of the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives.
    (b) Elements.--The review conducted under subsection (a) shall 
include the following elements:
            (1) An assessment of Taiwan's current and near-term 
        capabilities and United State force readiness and the adequacy 
        of United States conflict contingency plans.
            (2) A detailed strategy of denial to defend Taiwan against 
        aggression by the People's Liberation Army, especially an 
        attempted fait accompli to seize and hold the island.
            (3) A comprehensive assessment of risks to the United 
        States and United States interests, including readiness 
        shortfalls that pose strategic risk.
            (4) A review of indicators of the near-term likelihood of 
        the use of force by the People's Liberation Army against 
        Taiwan.
            (5) The compilation of a pre-approved list of military 
        capabilities, including both asymmetric and traditional 
        capabilities selected to suit the operational environment and 
        to allow Taiwan to respond effectively to a variety of 
        contingencies across all phases of conflict involving the 
        People's Liberation Army, that the Secretary of Defense has 
        pre-cleared for Taiwan to acquire, and that would reduce the 
        threat of conflict, thwart an invasion, and mitigate other 
        risks to the United States and Taiwan.

SEC. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES 
              PROGRAM.

    (a) Preclearance of Certain Foreign Military Sales Items.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State, in coordination with the Secretary of 
        Defense and in conjunction with coordinating entities such as 
        the National Disclosure Policy Committee and the Arms Transfer 
        and Technology Release Senior Steering Group, shall compile a 
        list of available and emerging military platforms, 
        technologies, and equipment that are pre-cleared and 
        prioritized for sale and release to Taiwan through the Foreign 
        Military Sales program. The Department of Defense shall serve 
        as the lead Federal agency for purposes of making final 
        determinations when disputes arise between agencies about the 
        appropriateness of specific items for sale to Taiwan.
            (2) Selection of items.--
                    (A) In general.--The items pre-cleared for sale 
                pursuant to paragraph (1) shall represent a full range 
                of key asymmetric capabilities as well as the 
                conventional capabilities informed by United States 
                readiness and risk assessments and determined by Taiwan 
                to be required for various wartime scenarios and 
                peacetime duties, and shall include each item on the 
                list of approved items compiled by the Secretary of 
                Defense pursuant to section 2(b)(5) unless the 
                Secretary of State includes a determination for any 
                excluded item that the costs to the United States of 
                the failure to arm Taiwan with such item, including the 
                likelihood of being drawn into conflict with the 
                People's Republic of China, are less likely to be 
                incurred, and would be less costly if incurred, than 
                the potential costs, such as technology slippage, 
                associated with providing such item.
                    (B) Rule of construction.--The list compiled 
                pursuant to section 2(b)(5) shall not be construed as 
                limiting the type, timing, or quantity of items that 
                may be requested by, or sold to, Taiwan under the 
                Foreign Military Sales program.
    (b) Prioritized Processing of Foreign Military Sales Requests From 
Taiwan.--
            (1) Requirement.--The Secretary of Defense and the 
        Secretary of State shall prioritize and expedite the processing 
        of requests from Taiwan under the Foreign Military Sales 
        program, and may not delay the processing of requests for 
        bundling purposes.
            (2) Duration.--The requirement under paragraph (1) shall 
        continue until the Secretary of Defense determines and 
        certifies to the Committee on Armed Services of the Senate and 
        the Committee on Armed Services of the House of Representatives 
        that the threat to Taiwan has significantly abated.
            (3) Annual report.--Not later than 180 days after the date 
        of the enactment of this Act, and annually thereafter for 10 
        years, the Secretary of Defense shall submit to the Committee 
        on Armed Services of the Senate and the Committee on Armed 
        Services of the House of Representatives a report describing 
        steps taken to implement the requirement under paragraph (1).
    (c) Priority Production.--
            (1) Requirement.--Contractors awarded Department of Defense 
        contracts to provide items for sale to Taiwan under the Foreign 
        Military Sales program shall be required, as a condition of 
        receiving such contracts, to expedite and prioritize the 
        production of such items above the production of other items 
        regardless of the order in which contracts were signed.
            (2) Duration.--The requirement under paragraph (1) shall 
        continue until the Secretary of Defense determines and 
        certifies to the Committee on Armed Services of the Senate and 
        the Committee on Armed Services of the House of Representatives 
        that the threat to Taiwan has significantly abated.
            (3) Annual report.--Contractors covered under paragraph (1) 
        shall be required to report annually to the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives on efforts to expedite and 
        prioritize production as required under such paragraph.
    (d) Interagency Policy.--The Secretary of State and the Secretary 
of Defense shall jointly review and update interagency policies and 
implementation guidance related to Foreign Military Sales requests from 
Taiwan, including incorporating the preclearance and prioritization 
provisions of this section.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN MILITARY FINANCING 
              GRANT ASSISTANCE TO TAIWAN.

    (a) Taiwan Security Programs.--In addition to amounts otherwise 
authorized to be appropriated for Foreign Military Financing, there is 
authorized to be appropriated to the Department of State for the 
exclusive purpose of Taiwan Foreign Military Finance grant assistance 
programs $2,000,000,000 for each of fiscal years 2023 to 2032.
    (b) Restrictions on Taiwan Foreign Military Financing.--Amounts 
authorized to be appropriated under subsection (a) shall be available 
only if--
            (1) Taiwan commits to match the appropriated spending on a 
        dollar-for-dollar basis, as reflected in Taiwan's annual 
        allocation for defense spending and special budgets passed by 
        the Legislative Yuan for additional defense spending;
            (2) Taiwan focuses on the acquisition of asymmetric 
        capabilities consistent with a strategy of denial while also 
        modernizing sufficient conventional capabilities to respond to 
        a variety of contingencies across all phases of conflict, 
        including grey zone activities, and execute essential peacetime 
        missions; and
            (3) the United States and Taiwan formally agree--
                    (A) to conduct joint long-range planning for 
                capability development; and
                    (B) on the expenditure of such amounts and on 
                specific, pre-cleared systems and training that reduce 
                risk to Taiwan and the United States by deterring the 
                People's Liberation Army.
    (c) Updated Interagency Policy and Guidance.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State and the 
        Secretary of Defense shall review and update interagency 
        written policy and implementation guidance related to the 
        Taiwan Relations Act (Public Law 96-8).
            (2) Elements.--The updated policy and guidance required 
        under paragraph (1) shall--
                    (A) reflect the Foreign Military Sales 
                prioritization requirements under section 3; and
                    (B) update obsolete policy guidance based on ``arms 
                of a defensive character'' to a policy based on 
                deterring the People's Liberation Army, including the 
                provision of arms designed to deter an invasion, 
                whether arms of a defensive or offensive nature.

SEC. 5. AMENDMENTS TO TAIWAN RELATIONS ACT.

    (a) Policy.--Section 2(b)(5) of the Taiwan Relations Act (22 U.S.C. 
3301(b)(5)) is amended by striking ``arms of a defensive character'' 
and inserting ``arms conducive to the deterrence of acts of aggression 
by the People's Liberation Army''.
    (b) Provision of Defense Articles and Services.--Section 3(a) of 
the Taiwan Relations Act (22 U.S.C. 3302(a)) is amended by striking 
``such defense articles and defense services in such quantity as may be 
necessary to enable Taiwan to maintain a sufficient self-defense 
capability'' and inserting ``such defense articles and defense services 
in such quantity as may be necessary to enable Taiwan to implement a 
strategy of denial and deter acts of aggression by the People's 
Liberation Army''.
    (c) Rule of Construction.--Section 4 of the Taiwan Relations Act 
(22 U.S.C. 3303) is amended by adding at the end the following new 
subsection:
    ``(e) Security Cooperation and Deterrence of Use of Force by 
People's Liberation Army.--Nothing in this Act, nor the facts of the 
President's action in extending diplomatic recognition to the People's 
Republic of China, the absence of diplomatic relations between the 
people of Taiwan and the United States, or the lack of formal 
recognition by the United States, and attendant circumstances thereto, 
shall be construed to constitute a legal or practical obstacle to any 
otherwise lawful action of the President or of any United States 
Government agency that is needed to advance or protect United States 
interests pertaining to Taiwan, including actions intended to 
strengthen security cooperation between the United States and Taiwan or 
to otherwise deter the use of force against Taiwan by the People's 
Liberation Army.''.

SEC. 6. COMPREHENSIVE TRAINING PROGRAM.

    (a) In General.--The Secretary of Defense shall establish a 
comprehensive training program with Taiwan designed to achieve 
interoperability and improve Taiwan's defense capabilities. The 
training program should include joint United States-Taiwan contingency 
tabletop exercises, war games, full-scale military exercises, and an 
enduring rotational United States military advisory group large enough 
to ensure Taiwan maintains force readiness and can fully utilize United 
States technologies released through the Foreign Military Sales and 
Foreign Military Financing programs.
    (b) Annual Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for 10 years, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report on the establishment and implementation of the 
comprehensive training program required under subsection (a).

SEC. 7. MILITARY PLANNING MECHANISM.

    The Secretary of Defense shall establish a high-level military 
planning mechanism between the United States and Taiwan to oversee a 
Joint and Combined Exercise Program and coordinate International 
Military Education and Training assistance and professional exchanges 
aimed at determining and coordinating the acquisition of capabilities 
for both United States and Taiwan military forces to address the needs 
of currently anticipated and future contingencies. The mechanism may be 
modeled after the Joint United States Military Advisory Group Thailand, 
or any such similar existing arrangement, as determined by the 
Secretary of Defense.

SEC. 8. PROHIBITION ON DOING BUSINESS IN CHINA.

    Any contractor awarded a Department of Defense contract shall be 
required, as a condition of receiving such contract, not to conduct any 
business in the People's Republic of China. Noncompliance with such 
requirement shall be grounds for termination of the contract.
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