[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4428 Reported in Senate (RS)]
<DOC>
Calendar No. 488
117th CONGRESS
2d Session
S. 4428
To support the security of Taiwan and its right of self-determination,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2022
Mr. Menendez (for himself and Mr. Graham) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
September 15, 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To support the security of Taiwan and its right of self-determination,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Taiwan
Policy Act of 2022''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--UNITED STATES POLICY TOWARD TAIWAN
<DELETED>Sec. 101. Declaration of policy.
<DELETED>Sec. 102. Treatment of the Government of Taiwan.
<DELETED>Sec. 103. Taiwan symbols of sovereignty.
<DELETED>Sec. 104. Designation and references to Taiwan Representative
Office.
<DELETED>Sec. 105. Senate confirmation of the Director of the Taipei
office of the American Institute in Taiwan.
<DELETED>TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP
BETWEEN THE UNITED STATES AND TAIWAN
<DELETED>Sec. 201. Amendments to the Taiwan Relations Act.
<DELETED>Sec. 202. Anticipatory planning and annual review of the
United States strategy to defend Taiwan.
<DELETED>Sec. 203. Joint assessment.
<DELETED>Sec. 204. Taiwan Security Assistance Initiative.
<DELETED>Sec. 205. Requirements regarding definition of counter
intervention capabilities.
<DELETED>Sec. 206. Comprehensive training program.
<DELETED>Sec. 207. Military planning mechanism.
<DELETED>Sec. 208. Assessment of Taiwan's needs for civilian defense
and resilience.
<DELETED>Sec. 209. Prioritizing excess defense article transfers for
Taiwan.
<DELETED>Sec. 210. Fast-tracking sales to Taiwan under the Foreign
Military Sales program.
<DELETED>Sec. 211. Whole-of-government deterrence measures to respond
to the People's Republic of China's force
against Taiwan.
<DELETED>Sec. 212. Increase in annual war reserves stockpile additions
and support for Taiwan.
<DELETED>Sec. 213. Designation of Taiwan as a major non-NATO ally.
<DELETED>TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S AGGRESSION
AND INFLUENCE CAMPAIGNS
<DELETED>Sec. 301. Strategy to respond to influence and information
operations targeting Taiwan.
<DELETED>Sec. 302. Strategy to counter economic coercion by the
People's Republic of China targeting
countries and entities that support Taiwan.
<DELETED>TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
<DELETED>Sec. 401. Participation of Taiwan in international
organizations.
<DELETED>Sec. 402. Participation of Taiwan in the Inter-American
Development Bank.
<DELETED>Sec. 403. Plan for Taiwan's participation in the Inter-
American Development Bank.
<DELETED>Sec. 404. Report concerning member state status for Taiwan at
the Inter-American Development Bank.
<DELETED>Sec. 405. Clarification regarding United Nations General
Assembly Resolution 2758 (XXVI).
<DELETED>TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN
THE UNITED STATES AND TAIWAN
<DELETED>Sec. 501. Findings.
<DELETED>Sec. 502. Sense of Congress on a free trade agreement with
Taiwan, the Indo-Pacific Economic
Framework, and CBP Preclearance.
<DELETED>TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN
<DELETED>Sec. 601. Short title.
<DELETED>Sec. 602. Findings.
<DELETED>Sec. 603. Purposes.
<DELETED>Sec. 604. Definitions.
<DELETED>Sec. 605. Taiwan Fellowship Program.
<DELETED>Sec. 606. Reports and audits.
<DELETED>Sec. 607. Taiwan fellows on detail from government service.
<DELETED>Sec. 608. Funding.
<DELETED>Sec. 609. Supporting United States educational and exchange
programs with Taiwan.
<DELETED>TITLE VII--MISCELLANEOUS PROVISIONS
<DELETED>Sec. 701. Invitation of Taiwanese counterparts to high-level
bilateral and multilateral forums and
exercises.
<DELETED>Sec. 702. Report on Taiwan Travel Act.
<DELETED>Sec. 703. Prohibitions against undermining United States
policy regarding Taiwan.
<DELETED>TITLE VIII--SANCTIONS MEASURES FOR CROSS-STRAIT STABILITY
<DELETED>Sec. 801. Definitions.
<DELETED>Sec. 802. Determinations with respect to activities of the
People's Republic of China impacting
Taiwan.
<DELETED>Sec. 803. Imposition of sanctions on officials of the
Government of the People's Republic of
China relating to operations in Taiwan.
<DELETED>Sec. 804. Imposition of sanctions with respect to financial
institutions of the People's Republic of
China.
<DELETED>Sec. 805. Imposition of sanctions with respect to provision of
specialized financial messaging services to
sanctioned People's Republic of China
financial institutions.
<DELETED>Sec. 806. Imposition of sanctions with respect to People's
Republic of China extractive industries.
<DELETED>Sec. 807. Additional sanctions.
<DELETED>Sec. 808. Sanctions described.
<DELETED>Sec. 809. Implementation; regulations; penalties.
<DELETED>Sec. 810. Exceptions; waiver.
<DELETED>Sec. 811. Termination.
<DELETED>TITLE IX--RULE OF CONSTRUCTION
<DELETED>Sec. 901. Rule of construction.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) Since 1949, the close relationship between the
United States and Taiwan has been of enormous benefit to both
parties and to the Indo-Pacific region as a whole.</DELETED>
<DELETED> (2) The Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) has enabled the people of the United
States and the people of Taiwan to maintain a strong and
important relationship that promotes regional security,
prosperity, and shared democratic values.</DELETED>
<DELETED> (3) The security of Taiwan and the ability for the
people of Taiwan to determine their own future is fundamental
to United States interests and values.</DELETED>
<DELETED> (4) The Taipei Economic and Cultural
Representative Office in the United States and the American
Institute in Taiwan facilitate critical consular relations
that--</DELETED>
<DELETED> (A) protect the interests of the people of
the United States and the people of Taiwan;
and</DELETED>
<DELETED> (B) strengthen people-to-people
ties.</DELETED>
<DELETED> (5) Increased engagement between public officials,
commercial interests, civil society leaders, and others
enhances Taiwanese-American relations and its economic,
security, and democratic dimensions.</DELETED>
<DELETED> (6) Taiwan serves as a critical partner on
regional and transnational issues, such as public health,
climate change, critical and emerging technologies,
cybersecurity, trade, and freedom of navigation.</DELETED>
<DELETED> (7) Taiwan exemplifies a thriving democracy
consisting of more than 23,000,000 people who value their
suffrage, free markets, right to due process, freedom of
expression, and other individual liberties.</DELETED>
<DELETED> (8) President Xi Jinping of the People's Republic
of China (referred to in this Act as the ``PRC'') continues to
repeat his desire to stifle the freedom of Taiwan, as evidenced
by his July 2021 proclamation, in which he stated, ``All sons
and daughters of China, including compatriots on both sides of
the Taiwan Strait, must work together and move forward in
solidarity, resolutely smashing any Taiwan independence
plots.''.</DELETED>
<DELETED> (9) As President Xi Jinping concentrates his power
in the Chinese Communist Party (referred to in this Act as the
``CCP''), he is escalating the PRC's campaign of coercion and
intimidation against Taiwan, as evidenced by--</DELETED>
<DELETED> (A) the accelerated preparations made by
the PRC and its People's Liberation Army (referred to
in this Act as the ``PLA'') for an offensive attack
against Taiwan, such as the PLA's January 2022
incursion of nearly 40 fighters, bombers, and other
warplanes into Taiwan's air defense identification
zone;</DELETED>
<DELETED> (B) the PLA's growing offensive
preparations in the Taiwan Strait, such as amphibious
assault and live-fire exercises and record-scale
incursions into Taiwanese air space;</DELETED>
<DELETED> (C) the Foreign Ministry's diplomatic
efforts to isolate Taiwan, such as abusing its position
in international intuitions and multilateral fora to
exclude Taiwanese participation despite Taiwan's
demonstrated expertise in relevant subjects, such as
public health;</DELETED>
<DELETED> (D) threats and actions to compromise
Taiwan's economy and critical suppliers, such as
draconian export controls and the ``31 Measures''
intended to lure Taiwanese talent to mainland China and
away from Taiwan;</DELETED>
<DELETED> (E) persistent and targeted cyberattacks,
numbering nearly 20,000,000 per month, which are
intended to compromise Taiwan's critical infrastructure
and inflict civilian harm; and</DELETED>
<DELETED> (F) political and economic pressure on
other countries who seek closer ties with Taiwan, such
as recent export controls related to Lithuania after
Lithuania announced a permanent Taiwanese
Representative Office in Lithuania.</DELETED>
<DELETED> (10) On multiple occasions, through both formal
and informal channels, the United States has expressed its
concern for the PRC's destabilizing activities in the Taiwan
Strait and on the international stage that aim to subvert
Taiwan's democratic intuitions.</DELETED>
<DELETED> (11) The Indo-Pacific Strategy of the United
States--</DELETED>
<DELETED> (A) identifies Taiwan as an important
leading regional partner;</DELETED>
<DELETED> (B) seeks to bolster Taiwan's self-defense
capabilities; and</DELETED>
<DELETED> (C) reaffirms that Taiwan's future must be
determined peacefully and in accordance with the wishes
and best interests of the people of Taiwan.</DELETED>
<DELETED> (12) The PRC considers stifling the freedom of
Taiwan as a critical and necessary step to displacing the
United States as the preeminent military power in the Indo-
Pacific and continues its modernization campaign to enhance the
power-projection capabilities of the PLA and its ability to
conduct joint operations.</DELETED>
<DELETED> (13) Taiwan maintains a modern, ready, self-
defense force that adheres to the highest democratic principles
and benefits from continued state of the art security
assistance.</DELETED>
<DELETED> (14) It is a vital national security interest of
the United States to defend Taiwan for the purposes of--
</DELETED>
<DELETED> (A) mitigating the PLA's ability to
project power and establish contested zones within the
First and Second Island Chains and limiting the PLA's
freedom of maneuver to conduct unconstrained power
projection capabilities beyond the First Island Chain
in order to protect United States territory, such as
Hawaii and Guam;</DELETED>
<DELETED> (B) defending the territorial integrity of
Indo-Pacific allies, such as Japan;</DELETED>
<DELETED> (C) deterring other countries and
competitors from exercising force as a means to revise
the established status quo;</DELETED>
<DELETED> (D) championing democratic institutions
and societies in the Indo-Pacific region and throughout
the world; and</DELETED>
<DELETED> (E) maintaining a rules-based
international order that--</DELETED>
<DELETED> (i) constrains authoritarian
powers;</DELETED>
<DELETED> (ii) enshrines collective
security;</DELETED>
<DELETED> (iii) promotes democracy and
respect for human rights and fundamental
freedoms; and</DELETED>
<DELETED> (iv) promotes peace and
prosperity.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate committees of congress.--Except as
otherwise provided in this Act, the term ``appropriate
committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (C) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (D) the Committee on Foreign Affairs of
the House of Representatives;</DELETED>
<DELETED> (E) the Committee on Armed Services of the
House of Representatives; and</DELETED>
<DELETED> (F) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (2) Counter intervention capabilities.--The term
``counter intervention capabilities'' includes, in such
quantities as the Secretary of State, in consultation with the
Secretary of Defense, determines to be necessary to achieve the
purpose described in section 204(c)--</DELETED>
<DELETED> (A) mobile, ground-based coastal defense
cruise missiles and launchers;</DELETED>
<DELETED> (B) mobile, ground-based short-range and
medium-range air defense systems;</DELETED>
<DELETED> (C) smart, self-propelled naval mines and
coastal minelaying platforms;</DELETED>
<DELETED> (D) missile boats and fast-attack craft
equipped with anti-ship and anti-landing craft
missiles;</DELETED>
<DELETED> (E) manned and unmanned aerial and other
mobile, resilient surveillance systems to support
coastal and air defense operations;</DELETED>
<DELETED> (F) equipment to support target location,
tracking, identification, and targeting, especially at
the local level, in communications degraded or denied
environments;</DELETED>
<DELETED> (G) man-portable anti-armor weapons,
mortars, and small arms for ground combat
operations;</DELETED>
<DELETED> (H) equipment and technical assistance for
the purpose of developing civil defense forces,
composed of civilian volunteers and militia;</DELETED>
<DELETED> (I) training and equipment, including
appropriate war reserves, required for Taiwan forces to
independently maintain, sustain, and employ the
capabilities described in subparagraphs (A) through
(H);</DELETED>
<DELETED> (J) concept development for coastal
defense, air defense, decentralized command and
control, civil defense, logistics, planning, and other
critical military functions, with an emphasis on
operations in a communications degraded or denied
environment; and</DELETED>
<DELETED> (K) any other capability that the
Secretary of State, in consultation with the Secretary
of Defense, considers appropriate for the purpose
described in section 204(d).</DELETED>
<DELETED> (3) Republic of china.--The term ``Republic of
China'' means the East Asia island country commonly known as
``Taiwan''.</DELETED>
<DELETED> (4) Sharp power.--The term ``sharp power'' means
the coordinated and often concealed application of
disinformation, media manipulation, economic coercion, cyber-
intrusions, targeted investments, and academic censorship that
is intended--</DELETED>
<DELETED> (A) to corrupt political and
nongovernmental institutions and interfere in
democratic elections and encourage self-censorship of
views at odds with those of the Government of the
People's Republic of China or the Chinese Communist
Party; or</DELETED>
<DELETED> (B) to foster attitudes, behavior,
decisions, or outcomes in Taiwan and elsewhere that
support the interests of the Government of the People's
Republic of China or the Chinese Communist
Party.</DELETED>
<DELETED>TITLE I--UNITED STATES POLICY TOWARD TAIWAN</DELETED>
<DELETED>SEC. 101. DECLARATION OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (1) to support the security of Taiwan, the
stability of cross-Strait relations, and the freedom of the
people of Taiwan to determine their own future and to
strenuously oppose any action by the PRC to use force to change
the status quo of Taiwan;</DELETED>
<DELETED> (2) to cooperate with Taiwan as an important
partner of the United States in promoting a free and open Indo-
Pacific;</DELETED>
<DELETED> (3) to deter the use of force by the PRC to change
the status quo of Taiwan by coordinating with allies and
partners to identify and develop significant economic,
diplomatic, and other measures that will deter and impose costs
on any such use of force and support and cooperate with Taiwan
to implement, resource, and modernize its military
capabilities, including an asymmetric defense strategy, through
security assistance and increases in defense
spending;</DELETED>
<DELETED> (4) to strengthen cooperation with the military of
Taiwan under the framework of the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.) and the Six Assurances, with
consideration of the ongoing military buildup in China and the
imbalance in the security environment in the Taiwan Strait, and
to transfer defense articles to Taiwan to enhance its
capabilities, including its efforts to undertake defensive
operations, such as undersea warfare and air defense
capabilities, and maintain the ability to deny PRC coercion and
invasion;</DELETED>
<DELETED> (5) to urge Taiwan to increase its own investments
in military capabilities, including those that support the
implementation of an asymmetric defense strategy;</DELETED>
<DELETED> (6) to advance and finalize key provisions of the
United States-Taiwan Trade and Investment Framework Agreement
and deepen economic ties between the United States and Taiwan
and advance the interests of the United States by negotiating a
bilateral free trade agreement as soon as possible that will
include appropriate levels of labor rights and environmental
protections;</DELETED>
<DELETED> (7) to include Taiwan as a partner in the Indo-
Pacific Economic Framework;</DELETED>
<DELETED> (8) to welcome Taiwan's meaningful participation
in important international organizations, including
organizations that address global health, civilian air safety,
and efforts to counter transnational crime and bilateral and
multilateral security summits, military exercises, and economic
dialogues and forums;</DELETED>
<DELETED> (9) to support the Government of Taiwan as a
representative democratic government, constituted through free
and fair elections that reflect the will of the people of
Taiwan and promote dignity and respect for the democratically
elected leaders of Taiwan, who represent more than 23,000,000
citizens, by using the full range of diplomatic and financial
tools available to promote Taiwan's international
space;</DELETED>
<DELETED> (10) to ensure that distinctions in practice
regarding relations with Taiwan are consistent with the
longstanding, comprehensive, strategic, and values-based
relationship the United States shares with Taiwan, and
contribute to the peaceful resolution of cross-Strait issues;
and</DELETED>
<DELETED> (11) to create and execute a plan for enhancing
our relationship with Taiwan by forming a robust partnership
that--</DELETED>
<DELETED> (A) meets the challenges of the 21st
century;</DELETED>
<DELETED> (B) fully accounts for Taiwan's democratic
status; and</DELETED>
<DELETED> (C) remains faithful to United States
principles and values, consistent with the Taiwan
Relations Act and the Six Assurances.</DELETED>
<DELETED>SEC. 102. TREATMENT OF THE GOVERNMENT OF TAIWAN.</DELETED>
<DELETED> (a) In General.--The Secretary of State and other Federal
departments and agencies shall--</DELETED>
<DELETED> (1) engage with the democratically elected
government of Taiwan as the legitimate representative of the
people of Taiwan; and</DELETED>
<DELETED> (2) end the outdated practice of referring to the
government in Taiwan as the ``Taiwan authorities''.</DELETED>
<DELETED> (b) No Restrictions on Bilateral Interactions.--
Notwithstanding the continued supporting role of the American Institute
in Taiwan in carrying out United States foreign policy and protecting
United States interests in Taiwan, the United States Government shall
not place any undue restrictions on the ability of officials of the
Department of State or other Federal departments and agencies to
interact directly and routinely with their counterparts in the
Government of Taiwan.</DELETED>
<DELETED>SEC. 103. TAIWAN SYMBOLS OF SOVEREIGNTY.</DELETED>
<DELETED> (a) Defined Term.--In this section, the term ``official
purposes'' means--</DELETED>
<DELETED> (1) the wearing of official uniforms;</DELETED>
<DELETED> (2) conducting government-hosted ceremonies or
functions; and</DELETED>
<DELETED> (3) appearances on Department of State social
media accounts promoting engagements with Taiwan.</DELETED>
<DELETED> (b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall rescind any
contact guideline, internal restriction, section of the Foreign Affairs
Manual or the Foreign Affairs Handbook, or related guidance or policies
that, explicitly or implicitly, including through restrictions or
limitations on activities of United States Government personnel, limits
the ability of members of the armed forces of the Republic of China
(Taiwan) and government representatives from the Taipei Economic and
Cultural Representative Office to display, for official purposes,
symbols of Republic of China sovereignty, including--</DELETED>
<DELETED> (1) the flag of the Republic of China (Taiwan);
and</DELETED>
<DELETED> (2) the corresponding emblems or insignia of
military units.</DELETED>
<DELETED>SEC. 104. DESIGNATION AND REFERENCES TO TAIWAN REPRESENTATIVE
OFFICE.</DELETED>
<DELETED> (a) Statement of Policy.--It shall be the policy of the
United States, consistent with the Taiwan Relations Act (Public Law 96-
8; 22 U.S.C. 3301 et seq.) and the Six Assurances--</DELETED>
<DELETED> (1) to provide the people of Taiwan with de facto
diplomatic treatment equivalent to foreign countries, nations,
states, governments, or similar entities; and</DELETED>
<DELETED> (2) to rename the ``Taipei Economic and Cultural
Representative Office'' in the United States as the ``Taiwan
Representative Office''.</DELETED>
<DELETED> (b) Renaming.--The Secretary of State shall seek to enter
into negotiations with the Taipei Economic and Cultural Representative
Office to rename its office in Washington, DC, the ``Taiwan
Representative Office''.</DELETED>
<DELETED> (c) References.--If the negotiations under subsection (b)
results in the renaming of the Taipei Economic and Cultural
Representative Office as the Taiwan Representative Office, any
reference in a law, map, regulation, document, paper, or other record
of the United States Government to the Taipei Economic and Cultural
Representative Office shall be deemed to be a reference to the Taiwan
Representative Office, including for all official purposes of the
United States Government, all courts of the United States, and any
proceedings by such Government or in such courts.</DELETED>
<DELETED>SEC. 105. SENATE CONFIRMATION OF THE DIRECTOR OF THE TAIPEI
OFFICE OF THE AMERICAN INSTITUTE IN TAIWAN.</DELETED>
<DELETED> The appointment of an individual to the position of
Director of the American Institute in Taiwan's Taipei office shall be
subject to the advice and consent of the Senate. Upon Senate
confirmation, such individual shall have the title of
Representative.</DELETED>
<DELETED>TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP
BETWEEN THE UNITED STATES AND TAIWAN</DELETED>
<DELETED>SEC. 201. AMENDMENTS TO THE TAIWAN RELATIONS ACT.</DELETED>
<DELETED> (a) Declaration of Policy.--Section 2(b) of the Taiwan
Relations Act (22 U.S.C. 3301(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (5), by inserting ``and arms
conducive to deterring acts of aggression by the People's
Liberation Army'' after ``arms of a defensive character'';
and</DELETED>
<DELETED> (2) in paragraph (6), by striking ``to maintain
the capacity of the United States''.</DELETED>
<DELETED> (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 ``to maintain a sufficient self-defense capability'' and
inserting ``to implement a strategy to deny and deter acts of coercion
or aggression by the People's Liberation Army''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(e) Rule of Construction.--Nothing in this Act, nor the
President's action in extending diplomatic recognition to the People's
Republic of China, nor the absence of diplomatic relations between the
people of Taiwan and the United States, and nor the lack of formal
recognition of Taiwan by the United States, and any related
circumstances, may 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.''.</DELETED>
<DELETED>SEC. 202. ANTICIPATORY PLANNING AND ANNUAL REVIEW OF THE
UNITED STATES STRATEGY TO DEFEND TAIWAN.</DELETED>
<DELETED> (a) In General.--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--</DELETED>
<DELETED> (1) conduct a classified review of the United
States strategy to defend Taiwan; and</DELETED>
<DELETED> (2) share the results of such review with the
Chairman and Ranking Member of the appropriate committees of
Congress.</DELETED>
<DELETED> (b) Elements.--The review conducted pursuant to subsection
(a) shall include--</DELETED>
<DELETED> (1) an assessment of Taiwan's current and near-
term capabilities, United States force readiness, and the
adequacy of the United States strategy to enable the defense of
Taiwan;</DELETED>
<DELETED> (2) a detailed strategy of denial to defend Taiwan
against aggression by the People's Liberation Army, including
an effort to seize and hold the island of Taiwan;</DELETED>
<DELETED> (3) a comprehensive assessment of risks to the
United States and United States interests, including readiness
shortfalls that pose strategic risk;</DELETED>
<DELETED> (4) a review of indicators of the near-term
likelihood of the use of force by the People's Liberation Army
against Taiwan; and</DELETED>
<DELETED> (5) a list of military capabilities, including
capabilities that enable a strategy of denial, that--</DELETED>
<DELETED> (A) would suit the operational environment
and allow Taiwan to respond effectively to a variety of
contingencies across all potential phases of conflict
involving the People's Liberation Army; and</DELETED>
<DELETED> (B) would reduce the threat of conflict,
thwart an invasion, and mitigate other risks to the
United States and Taiwan.</DELETED>
<DELETED>SEC. 203. JOINT ASSESSMENT.</DELETED>
<DELETED> (a) In General.--The Secretary of State, in consultation
with the Secretary of Defense, shall establish a mechanism with
Taiwan--</DELETED>
<DELETED> (1) to develop a joint assessment of the threats
Taiwan faces from the People's Republic of China across the
spectrum of possible military action; and</DELETED>
<DELETED> (2) to identify nonmaterial and material solutions
to deter and defeat such threats.</DELETED>
<DELETED> (b) Integrated Priorities List.--In carrying out
subsection (a), the Secretary of Defense, in consultation with the
Secretary of State, shall develop with Taiwan--</DELETED>
<DELETED> (1) an integrated priorities list;</DELETED>
<DELETED> (2) relevant plans for acquisition and training
for relevant nonmaterial and material solutions; and</DELETED>
<DELETED> (3) other measures to appropriately prioritize the
defense needs of Taiwan to maintain effective deterrence across
the spectrum of possible military action by the People's
Republic of China.</DELETED>
<DELETED> (c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit a report to the appropriate
committees of Congress that describes the joint assessment developed
pursuant to subsection (a)(1).</DELETED>
<DELETED>SEC. 204. TAIWAN SECURITY ASSISTANCE INITIATIVE.</DELETED>
<DELETED> (a) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall establish an
initiative, to be known as the ``Taiwan Security Assistance
Initiative'' (referred to in this section as the ``Initiative''), that
provides a Foreign Military Financing Program for Taiwan and other
measures to strengthen the United States-Taiwan defense relationship,
and to accelerate the modernization of Taiwan's defense capabilities
required to deter or, if necessary, to defeat an invasion of Taiwan by
the People's Republic of China.</DELETED>
<DELETED> (b) Annual Report on Advancing the Defense of Taiwan.--
</DELETED>
<DELETED> (1) Appropriate congressional committees
defined.--In this subsection, the term ``appropriate
congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs of
the House of Representatives.</DELETED>
<DELETED> (2) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for
7 years, the Secretary of State and the Secretary of Defense
shall jointly submit a report to the appropriate congressional
committees that describes Taiwan's enhancement of its self-
defense capabilities.</DELETED>
<DELETED> (3) Matters to be included.--Each report required
under paragraph (2) shall include--</DELETED>
<DELETED> (A) an assessment of the commitment of
Taiwan to implementing the tenets of the Overall
Defense Concept, including the steps that Taiwan has
taken and the steps that Taiwan has not taken to
implement those tenets;</DELETED>
<DELETED> (B) an assessment of the efforts of Taiwan
to acquire and employ within its forces asymmetric
capabilities, including--</DELETED>
<DELETED> (i) long-range precision
fires;</DELETED>
<DELETED> (ii) integrated air and missile
defense systems;</DELETED>
<DELETED> (iii) anti-ship cruise
missiles;</DELETED>
<DELETED> (iv) land-attack cruise
missiles;</DELETED>
<DELETED> (v) coastal defense;</DELETED>
<DELETED> (vi) anti-armor;</DELETED>
<DELETED> (vii) undersea warfare;</DELETED>
<DELETED> (viii) survivable swarming
maritime assets;</DELETED>
<DELETED> (ix) manned and unmanned aerial
systems;</DELETED>
<DELETED> (x) mining and countermining
capabilities;</DELETED>
<DELETED> (xi) intelligence, surveillance,
and reconnaissance capabilities;</DELETED>
<DELETED> (xii) command and control systems;
and</DELETED>
<DELETED> (xiii) any other defense
capabilities that the United States and Taiwan
jointly determine are crucial to the defense of
Taiwan, in accordance with the process
developed pursuant to section 203(a);</DELETED>
<DELETED> (C) an evaluation of the balance between
conventional and counter intervention capabilities in
the defense force of Taiwan as of the date on which the
report is submitted;</DELETED>
<DELETED> (D) an assessment of steps taken by Taiwan
to enhance the overall readiness of its defense forces,
including--</DELETED>
<DELETED> (i) the extent to which Taiwan is
requiring and providing regular training to
such forces;</DELETED>
<DELETED> (ii) the extent to which such
training is realistic to the security
environment that Taiwan faces; and</DELETED>
<DELETED> (iii) the sufficiency of the
financial and budgetary resources Taiwan is
putting toward readiness of such
forces;</DELETED>
<DELETED> (E) an assessment of steps taken by Taiwan
to ensure that the Taiwan Reserve Command can recruit,
train, and equip its forces;</DELETED>
<DELETED> (F) an evaluation of--</DELETED>
<DELETED> (i) the severity of manpower
shortages in the military of Taiwan, including
in the reserve forces;</DELETED>
<DELETED> (ii) the impact of such shortages
in the event of a conflict scenario;
and</DELETED>
<DELETED> (iii) the efforts made by Taiwan
to address such shortages;</DELETED>
<DELETED> (G) an assessment of the efforts made by
Taiwan to boost its civilian defenses, including any
informational campaigns to raise awareness among the
population of Taiwan of the risks of Taiwan's security
environment;</DELETED>
<DELETED> (H) an assessment of the efforts made by
Taiwan to secure its critical infrastructure, including
in transportation, telecommunications networks, and
energy;</DELETED>
<DELETED> (I) an assessment of the efforts made by
Taiwan to enhance its cybersecurity, including the
security of civilian government and military
networks;</DELETED>
<DELETED> (J) an assessment of any significant gaps
in any of the matters described in subparagraphs (A)
through (I) with respect to which the United States
assesses that additional action is needed;</DELETED>
<DELETED> (K) a description of cooperative efforts
between the United States and Taiwan on the matters
described in subparagraphs (A) through (J);
and</DELETED>
<DELETED> (L) a description of any resistance within
the Government of Taiwan to--</DELETED>
<DELETED> (i) implementing the matters
described in subparagraphs (A) through (I);
or</DELETED>
<DELETED> (ii) United States support or
engagement with regard to such
matters.</DELETED>
<DELETED> (4) Form.--The report required under paragraph (2)
shall be submitted in classified form, but shall include a
detailed unclassified summary.</DELETED>
<DELETED> (5) Sharing of summary.--The Secretary of State
and the Secretary of Defense shall jointly share the
unclassified summary required under paragraph (4) with the
government and military of Taiwan.</DELETED>
<DELETED> (c) Authority To Provide Assistance.--The Secretary of
State, in consultation with the Secretary of Defense, shall use amounts
appropriated pursuant to subsection (i) to provide assistance to the
Government of Taiwan to achieve the purpose described in subsection
(d).</DELETED>
<DELETED> (d) Purpose.--The purpose of the Foreign Military
Financing Program shall be to provide assistance, including equipment,
training, and other support, to enable the Government of Taiwan--
</DELETED>
<DELETED> (1) to accelerate the modernization of its defense
capabilities, including for asymmetric operations, that will
delay, degrade, and deny attempts by People's Liberation Army
forces--</DELETED>
<DELETED> (A) to conduct coercive or grey zone
activities;</DELETED>
<DELETED> (B) to enter or transit the Taiwan Strait
and adjoining seas; or</DELETED>
<DELETED> (C) to secure a lodgment on Taiwan and
expand or otherwise use such lodgment to seize control
of a population center or other key territory in
Taiwan; and</DELETED>
<DELETED> (2) to prevent the People's Republic of China from
decapitating, seizing control of, or otherwise neutralizing or
rendering ineffective the Government of Taiwan.</DELETED>
<DELETED> (e) War Reserve Stockpile.--Of the amounts appropriated
pursuant to subsection (i)(2), not more than $100,000,000 may be used
during each of the fiscal years 2023 through 2032 to maintain a
stockpile (if established under section 213), in accordance with
section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), as
amended by section 212.</DELETED>
<DELETED> (f) Availability of Funds.--</DELETED>
<DELETED> (1) Annual spending plan.--Not later than December
1, 2022, and annually thereafter, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a plan
to the appropriate committees of Congress describing how funds
appropriated pursuant to subsection (i)(2) will be used to
achieve the purpose described in subsection (d).</DELETED>
<DELETED> (2) Certification.--Amounts appropriated for each
fiscal year pursuant to subsection (i)(2) shall be made
available for the purpose described in such subsection after
the Secretary of State certifies to the appropriate committees
of Congress that Taiwan has increased its defense spending
relative to Taiwan's defense spending in its prior fiscal year,
excepting accounts in Taiwan's defense budget related to
personnel expenditures (other than military training and
education).</DELETED>
<DELETED> (3) Remaining funds.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), amounts appropriated for a fiscal year pursuant to
subsection (i)(2) that are not obligated and expended
during such fiscal year shall be added to the amount
that may be used for the Initiative in the subsequent
fiscal year.</DELETED>
<DELETED> (B) Rescission.--Amounts appropriated
pursuant to subsection (i)(2) that remain unobligated
on September 30, 2027, shall be rescinded and deposited
into the general fund of the Treasury.</DELETED>
<DELETED> (g) Defense Articles and Services From the United States
Inventory and Other Sources.--</DELETED>
<DELETED> (1) In general.--In addition to assistance
provided pursuant to subsection (c), the Secretary of State, in
coordination with the Secretary of Defense, may make available
to the Government of Taiwan, in such quantities as the
Secretary of State considers appropriate for the purpose
described in subsection (d)--</DELETED>
<DELETED> (A) weapons and other defense articles
from the United States inventory and other
sources;</DELETED>
<DELETED> (B) excess defense articles from the
United States inventory; and</DELETED>
<DELETED> (C) defense services.</DELETED>
<DELETED> (2) Replacement.--The Secretary of State may use
amounts appropriated pursuant to subsection (i)(2) for the cost
of replacing any item provided to the Government of Taiwan
pursuant to paragraph (1)(A).</DELETED>
<DELETED> (h) Foreign Military Financing Loan and Loan Guarantee
Authority.--</DELETED>
<DELETED> (1) Direct loans.--</DELETED>
<DELETED> (A) In general.--Notwithstanding section
23(c)(1) of the Arms Export Control Act (22 U.S.C.
2763), during fiscal years 2022 and 2023, the Secretary
of State may make direct loans available for Taiwan
pursuant to section 23 of such Act.</DELETED>
<DELETED> (B) Maximum obligations.--Gross
obligations for the principal amounts of loans
authorized under subparagraph (A) may not exceed
$2,000,000,000.</DELETED>
<DELETED> (C) Source of funds.--</DELETED>
<DELETED> (i) Defined term.--In this
subparagraph, the term ``cost''--</DELETED>
<DELETED> (I) has the meaning given
such term in section 502(5) of the
Congressional Budget Act of 1974 (2
U.S.C. 661a(5));</DELETED>
<DELETED> (II) shall include the
cost of modifying a loan authorized
under subparagraph (A); and</DELETED>
<DELETED> (III) may include the
costs of selling, reducing, or
cancelling any amounts owed to the
United States or to any agency of the
United States.</DELETED>
<DELETED> (ii) In general.--Amounts
appropriated pursuant to subsection (i)(1) may
be made available to pay for the cost of loans
authorized under subparagraph (A).</DELETED>
<DELETED> (D) Fees authorized.--</DELETED>
<DELETED> (i) In general.--The Government of
the United States may charge fees for loans
made pursuant to subparagraph (A), which shall
be collected from borrowers through a financing
account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).</DELETED>
<DELETED> (ii) Limitation on fee payments.--
Amounts made available under any appropriations
Act for any fiscal year may not be used to pay
any fees associated with a loan authorized
under subparagraph (A).</DELETED>
<DELETED> (E) Repayment.--Loans made pursuant to
subparagraph (A) shall be repaid not later than 12
years after the loan is received by the borrower,
including a grace period of not more than 1 year on
repayment of principal.</DELETED>
<DELETED> (F) Interest.--</DELETED>
<DELETED> (i) In general.--Notwithstanding
section 23(c)(1) of the Arms Export Control Act
(22 U.S.C. 2763(c)(1)), interest for loans made
pursuant to subparagraph (A) may be charged at
a rate determined by the Secretary of State,
except that such rate may not be less than the
prevailing interest rate on marketable Treasury
securities of similar maturity.</DELETED>
<DELETED> (ii) Treatment of loan amounts
used to pay interest.--Amounts made available
under this paragraph for interest costs shall
not be considered assistance for the purposes
of any statutory limitation on assistance to a
country.</DELETED>
<DELETED> (2) Loan guarantees.--</DELETED>
<DELETED> (A) In general.--Amounts appropriated
pursuant to subsection (i)(1) may be made available for
the costs of loan guarantees for Taiwan under section
24 of the Arms Export Control Act (22 U.S.C. 2764) for
Taiwan to subsidize gross obligations for the principal
amount of commercial loans and total loan principal,
any part of which may be guaranteed, not to exceed
$2,000,000,000.</DELETED>
<DELETED> (B) Maximum amounts.--A loan guarantee
authorized under subparagraph (A)--</DELETED>
<DELETED> (i) may not guarantee a loan that
exceeds $2,000,000,000; and</DELETED>
<DELETED> (ii) may not exceed 80 percent of
the loan principal with respect to any single
borrower.</DELETED>
<DELETED> (C) Subordination.--Any loan guaranteed
pursuant to subparagraph (A) may not be subordinated
to--</DELETED>
<DELETED> (i) another debt contracted by the
borrower; or</DELETED>
<DELETED> (ii) any other claims against the
borrower in the case of default.</DELETED>
<DELETED> (D) Repayment.--Repayment in United States
dollars of any loan guaranteed under this paragraph
shall be required not later than 12 years after the
loan agreement is signed.</DELETED>
<DELETED> (E) Fees.--Notwithstanding section 24 of
the Arms Export Control Act (22 U.S.C. 2764), the
Government of the United States may charge fees for
loan guarantees authorized under subparagraph (A),
which shall be collected from borrowers, or from third
parties on behalf of such borrowers, through a
financing account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C.
661a(7))).</DELETED>
<DELETED> (F) Treatments of loan guarantees.--
Amounts made available under this paragraph for the
costs of loan guarantees authorized under subparagraph
(A) shall not be considered assistance for the purposes
of any statutory limitation on assistance to a
country.</DELETED>
<DELETED> (3) Notification requirement.--Amounts
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.</DELETED>
<DELETED> (i) Authorization of Appropriations.--</DELETED>
<DELETED> (1) Foreign military financing program.--There is
authorized to be appropriated, under the heading ``Foreign
Military Financing Program'', such sums as may be necessary to
carry out the program authorized under subsection
(c).</DELETED>
<DELETED> (2) Authorization of appropriations.--In addition
to amounts appropriated pursuant to paragraph (1), there is
authorized to be appropriated to the Department of State to
carry out the Initiative--</DELETED>
<DELETED> (A) $250,000,000 for fiscal year
2023;</DELETED>
<DELETED> (B) $750,000,000 for fiscal year
2024;</DELETED>
<DELETED> (C) $1,500,000,000 for fiscal year 2025;
and</DELETED>
<DELETED> (D) $2,000,000,000 for fiscal year
2026.</DELETED>
<DELETED> (j) Sunset Provision.--Assistance may not be provided
under this section after September 30, 2032.</DELETED>
<DELETED>SEC. 205. REQUIREMENTS REGARDING DEFINITION OF COUNTER
INTERVENTION CAPABILITIES.</DELETED>
<DELETED> (a) Statement of Policy.--It is the policy of the United
States--</DELETED>
<DELETED> (1) to ensure that requests by Taiwan to purchase
arms from the United States are not prematurely rejected or
dismissed before Taiwan submits a letter of request or other
formal documentation, particularly when such requests are for
capabilities that are not included on any United States
Government priority lists of necessary capabilities for the
defense of Taiwan; and</DELETED>
<DELETED> (2) to ensure close consultation among
representatives of Taiwan, Congress, industry, and the
Executive branch about requests referred to in paragraph (1)
and the needs of Taiwan before Taiwan submits formal requests
for such purchases.</DELETED>
<DELETED> (b) Requirement.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State and the Secretary of
Defense shall jointly submit to the appropriate committees of
Congress--</DELETED>
<DELETED> (1) a list of categories of counter intervention
capabilities and a justification for each such category;
and</DELETED>
<DELETED> (2) a description of the degree to which the
United States has a policy of openness or flexibility for the
consideration of capabilities that may not fall within the
scope of counter intervention capabilities included in the list
required under paragraph (1), due to potential changes, such
as--</DELETED>
<DELETED> (A) the evolution of defense
technologies;</DELETED>
<DELETED> (B) the identification of new concepts of
operation or ways to employ certain capabilities;
and</DELETED>
<DELETED> (C) other factors that might change
assessments by the United States and Taiwan of what
constitutes counter intervention
capabilities.</DELETED>
<DELETED>SEC. 206. COMPREHENSIVE TRAINING PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary of State, in consultation
with the Secretary of Defense, shall establish a comprehensive training
program with the Government of Taiwan that is designed--</DELETED>
<DELETED> (1) to achieve interoperability;</DELETED>
<DELETED> (2) to familiarize the militaries of the United
States and Taiwan with each other; and</DELETED>
<DELETED> (3) to improve Taiwan's defense
capabilities.</DELETED>
<DELETED> (b) Elements.--The training program established pursuant
to subsection (a) shall include joint United States-Taiwan--</DELETED>
<DELETED> (1) contingency tabletop exercises;</DELETED>
<DELETED> (2) war games; and</DELETED>
<DELETED> (3) robust, operationally relevant, or full-scale
military exercises.</DELETED>
<DELETED> (c) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for the following
10 years, the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the appropriate committees of
Congress that describes the establishment and implementation of the
training program established pursuant to subsection (a).</DELETED>
<DELETED>SEC. 207. MILITARY PLANNING MECHANISM.</DELETED>
<DELETED> The Secretary of Defense, in consultation with the
Secretary of State, shall establish a high-level military planning
mechanism between the United States and Taiwan that--</DELETED>
<DELETED> (1) is designed to oversee a Joint and Combined
Exercise Program and to coordinate International Military
Education and Training assistance and professional exchanges
aimed at determining and coordinating the acquisition of
capabilities for United States and Taiwan military forces to
address the needs of currently anticipated and future
contingencies; and</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED>SEC. 208. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE
AND RESILIENCE.</DELETED>
<DELETED> (a) Assessment Required.--Not later than 120 days after
the date of enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with heads of other relevant
Federal departments and agencies, shall submit a written, classified
assessment of Taiwan's needs in the areas of civilian defense and
resilience to the appropriate committees of Congress, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives.</DELETED>
<DELETED> (b) Matters To Be Included.--The assessment required under
subsection (a) shall--</DELETED>
<DELETED> (1) analyze the potential role of Taiwan's public
and civilian assets in defending against various scenarios to
coerce or conduct military aggression against Taiwan;</DELETED>
<DELETED> (2) carefully analyze Taiwan's needs for enhancing
its defensive capabilities through the support of civilians and
civilian sectors, including--</DELETED>
<DELETED> (A) greater utilization of Taiwan's high
tech labor force;</DELETED>
<DELETED> (B) the creation of clear structures and
logistics support for civilian defense role
allocation;</DELETED>
<DELETED> (C) recruitment and skills training for
Taiwan's defense and civilian sectors; and</DELETED>
<DELETED> (D) other defense needs and considerations
at the provincial, city, and neighborhood
levels;</DELETED>
<DELETED> (3) analyze Taiwan's needs for enhancing
resiliency among its people and in key economic sectors;
and</DELETED>
<DELETED> (4) identify the areas and means through which the
United States could provide training and assistance to support
the needs discovered through the assessment and fill any
critical gaps where capacity falls short of such
needs.</DELETED>
<DELETED> (c) Form of Report.--Notwithstanding the classified nature
of the assessment required under subsection (a), the assessment shall
be shared with appropriate officials of the Government of Taiwan to
facilitate cooperation.</DELETED>
<DELETED> (d) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There is authorized to be
appropriated to complete the assessment required under
subsection (a)--</DELETED>
<DELETED> (A) $500,000 for the Department of State;
and</DELETED>
<DELETED> (B) $500,000 for the Department of
Defense.</DELETED>
<DELETED> (2) Transfer authority.--The Secretary of State
and the Secretary of Defense are authorized to transfer any
funds appropriated to their respective departments pursuant to
paragraph (1) to other Federal departments and agencies for the
purposes of facilitating the contributions of such departments
and agencies to the assessment required under subsection
(a).</DELETED>
<DELETED>SEC. 209. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR
TAIWAN.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that
the United States Government should appropriately prioritize the review
of excess defense article transfers to Taiwan.</DELETED>
<DELETED> (b) Five-Year Plan.--Not later than 90 days after the date
of the enactment of this Act, the President shall--</DELETED>
<DELETED> (1) develop a 5-year plan to appropriately
prioritize excess defense article transfers to Taiwan;
and</DELETED>
<DELETED> (2) submit a report to the appropriate committees
of Congress that describes such plan.</DELETED>
<DELETED> (c) Required Coordination.--The United States Government
shall coordinate and align excess defense article transfers with
capacity building efforts of Taiwan.</DELETED>
<DELETED> (d) Transfer Authority.--</DELETED>
<DELETED> (1) In general.--Section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by
striking ``and to the Philippines'' and inserting ``, to the
Philippines, and to Taiwan''.</DELETED>
<DELETED> (2) Treatment of taiwan.--With respect to the
transfer of excess defense articles under section 516(c)(2) of
the Foreign Assistance Act of 1961, as amended by paragraph
(1), Taiwan shall receive the same benefits as the other
countries referred to in such section.</DELETED>
<DELETED>SEC. 210. FAST-TRACKING SALES TO TAIWAN UNDER THE FOREIGN
MILITARY SALES PROGRAM.</DELETED>
<DELETED> (a) Prioritized Processing of Foreign Military Sales
Requests From Taiwan.--The Secretary of State, in coordination with the
Secretary of Defense shall appropriately prioritize and expedite the
processing of requests from Taiwan under the Foreign Military Sales
program and may not delay the processing of such requests for bundling
purposes.</DELETED>
<DELETED> (b) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for the following
10 years, the Secretary of State, in coordination with the Secretary of
Defense, shall submit a report to the appropriate committees of
Congress that describes the steps that have been taken to carry out
subsection (a).</DELETED>
<DELETED>SEC. 211. WHOLE-OF-GOVERNMENT DETERRENCE MEASURES TO RESPOND
TO THE PEOPLE'S REPUBLIC OF CHINA'S FORCE AGAINST
TAIWAN.</DELETED>
<DELETED> (a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, the Secretary of the
Treasury, the Secretary of Defense, the Secretary of Commerce, the
Director of National Intelligence, and any other relevant heads of
Federal departments and agencies shall provide a detailed briefing to
the appropriate committees of Congress regarding--</DELETED>
<DELETED> (1) all available economic, diplomatic, and other
strategic measures to deter the use of force by the People's
Republic of China, including coercion, grey-zone tactics,
assertions, shows of force, quarantines, embargoes, or other
measures to change the status quo of Taiwan;</DELETED>
<DELETED> (2) efforts by the United States Government to
deter the use of force by the People's Republic of China to
change the status quo of Taiwan; and</DELETED>
<DELETED> (3) progress to date of all coordination efforts
between the United States Government and its allies and
partners with respect to deterring the use of force to change
the status quo of Taiwan.</DELETED>
<DELETED> (b) Coordinated Consequences With Allies and Partners.--
The Secretary of State shall coordinate with United States allies and
partners to identify and develop significant economic, diplomatic, and
other measures to deter the use of force by the People's Republic of
China to change the status quo of Taiwan.</DELETED>
<DELETED>SEC. 212. INCREASE IN ANNUAL WAR RESERVES STOCKPILE ADDITIONS
AND SUPPORT FOR TAIWAN.</DELETED>
<DELETED> (a) In General.--Section 514(b)(2)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A)) is amended by
striking ``$200,000,000'' and all that follows and inserting
``$500,000,000 for any of the fiscal years 2023, 2024, or
2025.''.</DELETED>
<DELETED> (b) Establishment.--Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a
war reserve stockpile for Taiwan that consists primarily of
munitions.</DELETED>
<DELETED> (c) Inclusion of Taiwan Among Other Allies Eligible for
Defense Articles.--Chapter 2 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2311 et seq.) is amended--</DELETED>
<DELETED> (1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)),
by inserting ``Taiwan,'' after ``Thailand,''; and</DELETED>
<DELETED> (2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)),
by inserting ``to Taiwan,'' after ``major non-NATO allies on
such southern and southeastern flank,''.</DELETED>
<DELETED> (d) Annual Briefing.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 7 years, the
President shall provide a briefing to the appropriate committees of
Congress regarding the status of a war reserve stockpile established
under subsection (b).</DELETED>
<DELETED>SEC. 213. DESIGNATION OF TAIWAN AS A MAJOR NON-NATO
ALLY.</DELETED>
<DELETED> Section 517 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321k) is amended by adding at the end the following:</DELETED>
<DELETED> ``(c) Additional Designations.--</DELETED>
<DELETED> ``(1) In general.--Taiwan is designated as a major
non-NATO ally for purposes of this Act, the Arms Export Control
Act (22 U.S.C. 2751 et seq.), and section 2350a of title 10,
United States Code.</DELETED>
<DELETED> ``(2) Notice of termination of designation.--The
President shall notify Congress in accordance with subsection
(a)(2) before terminating the designation specified in
paragraph (1).''.</DELETED>
<DELETED>TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S AGGRESSION
AND INFLUENCE CAMPAIGNS</DELETED>
<DELETED>SEC. 301. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION
OPERATIONS TARGETING TAIWAN.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall develop and
implement a strategy to respond to--</DELETED>
<DELETED> (1) the Chinese Communist Party's United Front;
and</DELETED>
<DELETED> (2) information and disinformation campaigns,
cyber attacks, and nontraditional propaganda measures supported
by the Government of the People's Republic of China and the
Chinese Communist Party that are directed toward persons or
entities in Taiwan.</DELETED>
<DELETED> (b) Elements.--The strategy required under subsection (a)
shall include--</DELETED>
<DELETED> (1) the development of a response to propaganda
and disinformation campaigns by the People's Republic of China
and cyber-intrusions targeting Taiwan, including--</DELETED>
<DELETED> (A) assistance in building the capacity of
the Government of Taiwan and private-sector entities to
document and expose propaganda and disinformation
supported by the Government of the People's Republic of
China, the Chinese Communist Party, or affiliated
entities;</DELETED>
<DELETED> (B) assistance to enhance the Government
of Taiwan's ability to develop a whole-of-government
strategy to respond to sharp power operations,
including election interference; and</DELETED>
<DELETED> (C) media training for Taiwan officials
and other Taiwan entities targeted by disinformation
campaigns;</DELETED>
<DELETED> (2) the development of a response to political
influence operations that includes an assessment of the extent
of influence exerted by the Government of the People's Republic
of China and the Chinese Communist Party in Taiwan on local
political parties, financial institutions, media organizations,
and other entities;</DELETED>
<DELETED> (3) support for exchanges and other technical
assistance to strengthen the Taiwan legal system's ability to
respond to sharp power operations; and</DELETED>
<DELETED> (4) the establishment of a coordinated
partnership, through the American Institute in Taiwan's Global
Cooperation and Training Framework, with like-minded
governments to share data and best practices with the
Government of Taiwan regarding ways to address sharp power
operations supported by the Government of the People's Republic
of China and the Chinese Communist Party.</DELETED>
<DELETED>SEC. 302. STRATEGY TO COUNTER ECONOMIC COERCION BY THE
PEOPLE'S REPUBLIC OF CHINA TARGETING COUNTRIES AND
ENTITIES THAT SUPPORT TAIWAN.</DELETED>
<DELETED> (a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter for the
following 5 years, the Secretary of State shall submit to the
appropriate committees of Congress a description of the strategy being
used by the Department of State to respond to the Government of the
People's Republic of China's increased economic coercion against
countries which have strengthened their ties with, or support for,
Taiwan.</DELETED>
<DELETED> (b) Assistance for Countries and Entities Targeted by the
People's Republic of China for Economic Coercion.--The Department of
State, the United States Agency for International Development, the
United States International Development Finance Corporation, the
Department of Commerce and the Department of the Treasury shall provide
appropriate assistance to countries and entities that are subject to
trade restrictions and other forms of economic coercion by the People's
Republic of China to support its supply chain resilience and other
economic measures in response to the trade restrictions imposed by
China.</DELETED>
<DELETED>TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL
ORGANIZATIONS</DELETED>
<DELETED>SEC. 401. PARTICIPATION OF TAIWAN IN INTERNATIONAL
ORGANIZATIONS.</DELETED>
<DELETED> (a) Statement of Policy.--It is the policy of the United
States to promote Taiwan's inclusion and meaningful participation in
meetings held by international organizations.</DELETED>
<DELETED> (b) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials should actively support Taiwan's
meaningful participation in all appropriate international
organizations.</DELETED>
<DELETED> (c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees that--</DELETED>
<DELETED> (1) describes the People's Republic of China's
efforts at the United Nations and other international bodies to
block Taiwan's meaningful participation and inclusion;
and</DELETED>
<DELETED> (2) recommends appropriate responses that should
be taken by the United States to carry out the policy described
in subsection (a).</DELETED>
<DELETED>SEC. 402. PARTICIPATION OF TAIWAN IN THE INTER-AMERICAN
DEVELOPMENT BANK.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States fully supports Taiwan's
participation in, and contribution to, international
organizations and understands the importance of the
relationship between Taiwan and the United States;</DELETED>
<DELETED> (2) diversifying the donor base of the Inter-
American Development Bank (referred to in this title as the
``IDB'') and increasing ally engagement in the Western
Hemisphere reinforces United States national
interests;</DELETED>
<DELETED> (3) Taiwan's significant contribution to the
development and economies of Latin America and the Caribbean
demonstrate that Taiwan's membership in the IDB as a non-
borrowing member would benefit the IDB and the entire Latin
American and Caribbean region; and</DELETED>
<DELETED> (4) non-borrowing membership in the IDB would
allow Taiwan to substantially leverage and channel the immense
resources Taiwan already provides to Latin America and the
Caribbean to reach a larger number of beneficiaries.</DELETED>
<DELETED>SEC. 403. PLAN FOR TAIWAN'S PARTICIPATION IN THE INTER-
AMERICAN DEVELOPMENT BANK.</DELETED>
<DELETED> The Secretary of State, in coordination with the Secretary
of the Treasury, is authorized--</DELETED>
<DELETED> (1) to initiate a United States plan to endorse
non-borrowing IDB membership for Taiwan; and</DELETED>
<DELETED> (2) to instruct the United States Governor of the
IDB to work with the IDB Board of Governors to admit Taiwan as
a non-borrowing member of the IDB.</DELETED>
<DELETED>SEC. 404. REPORT CONCERNING MEMBER STATE STATUS FOR TAIWAN AT
THE INTER-AMERICAN DEVELOPMENT BANK.</DELETED>
<DELETED> Not later than 90 days after the date of the enactment of
this Act, and not later than April 1 of each year thereafter, the
Secretary of State, in coordination with the Secretary of the Treasury,
shall submit an unclassified report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives that--</DELETED>
<DELETED> (1) describes the United States plan to endorse
and obtain non-borrowing membership status for Taiwan at the
IDB;</DELETED>
<DELETED> (2) includes an account of the efforts made by the
Secretary of State and the Secretary of the Treasury to
encourage IDB member states to promote Taiwan's bid to obtain
non-borrowing membership at the IDB; and</DELETED>
<DELETED> (3) identifies the steps that the Secretary of
State and the Secretary of the Treasury will take to endorse
and obtain non-borrowing membership status for Taiwan at the
IDB in the following year.</DELETED>
<DELETED>SEC. 405. CLARIFICATION REGARDING UNITED NATIONS GENERAL
ASSEMBLY RESOLUTION 2758 (XXVI).</DELETED>
<DELETED> Section 2(a) of the Taiwan Allies International Protection
and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116-135)
(relating to diplomatic relations with Taiwan) is amended by adding at
the end the following:</DELETED>
<DELETED> ``(10) United Nations General Assembly Resolution
2758 (1971)--</DELETED>
<DELETED> ``(A) established the representatives of
the Government of the People's Republic of China as the
only lawful representatives of China to the United
Nations;</DELETED>
<DELETED> ``(B) did not address the issue of
representation of Taiwan and its people in the United
Nations or in any related organizations; and</DELETED>
<DELETED> ``(C) did not take a position on the
relationship between the People's Republic of China and
Taiwan or include any statement pertaining to Taiwan's
sovereignty.</DELETED>
<DELETED> ``(11) The United States opposes any initiative
that seeks to change Taiwan's status without the consent of the
people of Taiwan.''.</DELETED>
<DELETED>TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN
THE UNITED STATES AND TAIWAN</DELETED>
<DELETED>SEC. 501. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) Taiwan has been an important trading partner
of the United States for many years, accounting for
$114,000,000,000 in two-way trade in 2021.</DELETED>
<DELETED> (2) Taiwan has demonstrated the capacity to hold a
strong economic partnership with the United States. Along with
a robust trading profile of goods and services, Taiwan supports
an estimated 208,000 American jobs, a number that will only
increase with a comprehensive bilateral trade
agreement.</DELETED>
<DELETED> (3) In addition to supplementing United States
goods and services, Taiwan is a reliable partner in many of our
Nation's industries, which is not only critical for
diversifying our Nation's supply chains, but is also essential
to reducing our Nation's reliance on other countries, such as
China, who seek to leverage supply chain inefficiencies in
their path to regional and global dominance. Such
diversification of our Nation's supply chain is critical to
United States national security.</DELETED>
<DELETED> (4) The challenges to establishing an agreement
with Taiwan, such as reaching an agreement on agricultural
standards, will not prevent the completion of a bilateral trade
agreement. Taiwan has already taken steps to further the
progress towards such an agreement by announcing its intent to
lift their restrictions on United States pork and beef
products, which will greatly increase the accessibility of
American farmers and ranchers to Taiwan markets. In light of
this important development, the United States should
immediately move forward with substantial negotiations for a
comprehensive bilateral trade agreement with Taiwan.</DELETED>
<DELETED> (5) A free and open Indo-Pacific is a goal that
needs to be actively pursued to counter China's use of unfair
trading practices and other policies to advance its economic
dominance in the Indo-Pacific region. An agreement with Taiwan
would--</DELETED>
<DELETED> (A) help the United States accomplish this
goal by building a network of like-minded governments
dedicated to fair competition and open markets that are
free from government manipulation; and</DELETED>
<DELETED> (B) serve as a signal to other nations
that Taiwan is a viable partner that is open for
business.</DELETED>
<DELETED> (6) Since November 2020, Taiwan and the United
States have engaged in the U.S.-Taiwan Economic Prosperity
Partnership Dialogue, covering a broad range of economic issues
including--</DELETED>
<DELETED> (A) 5G networks and telecommunications
security;</DELETED>
<DELETED> (B) supply chains resiliency;</DELETED>
<DELETED> (C) infrastructure cooperation;</DELETED>
<DELETED> (D) renewable energy;</DELETED>
<DELETED> (E) global heath; and</DELETED>
<DELETED> (F) science and technology.</DELETED>
<DELETED> (7) A trade agreement between the United States
and Taiwan would promote security and economic growth for the
United States, Taiwan, and the entire Indo-Pacific
region.</DELETED>
<DELETED> (8) Leaving Taiwan out of the conversation on
Indo-Pacific Economic Framework would--</DELETED>
<DELETED> (A) create significant distortions for the
structure of the regional and global economic
architecture; and</DELETED>
<DELETED> (B) run counter to the United States
economic interests.</DELETED>
<DELETED>SEC. 502. SENSE OF CONGRESS ON A FREE TRADE AGREEMENT WITH
TAIWAN, THE INDO-PACIFIC ECONOMIC FRAMEWORK, AND CBP
PRECLEARANCE.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States Trade Representative should
resume meetings under the United States and Taiwan Trade and
Investment Framework Agreement with the goal of reaching a
bilateral free trade agreement with Taiwan;</DELETED>
<DELETED> (2) the United States Trade Representative and the
Secretary of Commerce should undertake efforts to assure
Taiwan's engagement and participation in the Indo-Pacific
Economic Framework; and</DELETED>
<DELETED> (3) the United States should utilize and expand
Preclearance programs to meet the needs of the United States
travel and tourism industry, including by prioritizing the
establishment of Preclearance facilities with Indo-Pacific
allies and partners, including Taiwan.</DELETED>
<DELETED>TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN</DELETED>
<DELETED>SEC. 601. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Taiwan Fellowship
Act''.</DELETED>
<DELETED>SEC. 602. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) affirmed United States policy ``to
preserve and promote extensive, close, and friendly commercial,
cultural, and other relations between the people of the United
States and the people on Taiwan, as well as the people on the
China mainland and all other peoples of the Western Pacific
area''.</DELETED>
<DELETED> (2) Consistent with the Asia Reassurance
Initiative Act of 2018 (Public Law 115-409), the United States
has grown its strategic partnership with Taiwan's vibrant
democracy of 23,000,000 people.</DELETED>
<DELETED> (3) Despite a concerted campaign by the People's
Republic of China to isolate Taiwan from its diplomatic
partners and from international organizations, including the
World Health Organization, Taiwan has emerged as a global
leader in the coronavirus global pandemic response, including
by donating more than 2,000,000 surgical masks and other
medical equipment to the United States.</DELETED>
<DELETED> (4) The creation of a United States fellowship
program with Taiwan would support a key priority of expanding
people-to-people exchanges, which was outlined in the
President's 2017 National Security Strategy.</DELETED>
<DELETED>SEC. 603. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to further strengthen the United States-Taiwan
strategic partnership and broaden understanding of the Indo-
Pacific region by temporarily assigning officials of any branch
of the United States Government to Taiwan for intensive study
in Mandarin and placement as Fellows with the governing
authorities on Taiwan or a Taiwanese civic
institution;</DELETED>
<DELETED> (2) to provide for eligible United States
personnel--</DELETED>
<DELETED> (A) to learn or strengthen Mandarin
Chinese language skills; and</DELETED>
<DELETED> (B) to expand their understanding of the
political economy of Taiwan and the Indo-Pacific
region; and</DELETED>
<DELETED> (3) to better position the United States to
advance its economic, security, and human rights interests and
values in the Indo-Pacific region.</DELETED>
<DELETED>SEC. 604. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Agency head.--The term ``agency head'' means--
</DELETED>
<DELETED> (A) with respect to the executive branch
of United States Government or an agency of the
legislative branch other than the Senate or the House
of Representatives, the head of the respective
agency;</DELETED>
<DELETED> (B) with respect to the judicial branch of
United States Government, the chief judge of the
respective court;</DELETED>
<DELETED> (C) with respect to the Senate, the
President pro tempore, in consultation with the
majority leader and the minority leader of the Senate;
and</DELETED>
<DELETED> (D) with respect to the House of
Representatives, the Speaker of the House, in
consultation with the majority leader and the minority
leader of the House of Representatives.</DELETED>
<DELETED> (2) Agency of the united states government.--The
term ``agency of the United States Government'' includes--
</DELETED>
<DELETED> (A) any agency of the legislative
branch;</DELETED>
<DELETED> (B) any court of the judicial branch;
and</DELETED>
<DELETED> (C) any agency of the executive
branch.</DELETED>
<DELETED> (3) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Affairs of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (4) Detailee.--The term ``detailee''--</DELETED>
<DELETED> (A) means an employee of a branch of the
United States Government who is on loan to the American
Institute in Taiwan, without a change of position from
the agency at which he or she is employed;
and</DELETED>
<DELETED> (B) does not include employees of the
legislative branch, who may separate from their branch
in order to fulfill the terms of their fellowship
pursuant to section 607(g).</DELETED>
<DELETED> (5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
501(c)(3) of the Internal Revenue Code of 1986 that--</DELETED>
<DELETED> (A) performs logistical, administrative,
and other functions, as determined by the Department of
State and the American Institute of Taiwan in support
of the Taiwan Fellowship Program; and</DELETED>
<DELETED> (B) enters into a cooperative agreement
with the American Institute in Taiwan to administer the
Taiwan Fellowship Program.</DELETED>
<DELETED> (6) Program.--The term ``Program'' means the
Taiwan Fellowship Program established pursuant to section
605.</DELETED>
<DELETED>SEC. 605. TAIWAN FELLOWSHIP PROGRAM.</DELETED>
<DELETED> (a) Establishment.--The Secretary of State--</DELETED>
<DELETED> (1) shall establish the Taiwan Fellowship Program
to provide eligible United States citizens with fellowship
opportunities in Taiwan lasting up to 2 years; and</DELETED>
<DELETED> (2) may modify the name of the Program, in
consultation with the American Institute in Taiwan and the
implementing partner.</DELETED>
<DELETED> (b) Grants.--</DELETED>
<DELETED> (1) In general.--The American Institute in Taiwan
should use amounts appropriated pursuant to section 608(a) to
provide annual or multi-year grants to an appropriate
implementing partner.</DELETED>
<DELETED> (2) Fellowships.--The Secretary of State, in
consultation with the American Institute in Taiwan and, as
appropriate, the implementing partner, subject to available
funding, should award to eligible United States citizens--
</DELETED>
<DELETED> (A) not fewer than 5 fellowships during
each of the first 2 years of the Program; and</DELETED>
<DELETED> (B) not fewer than 10 fellowships during
each of the remaining years of the Program.</DELETED>
<DELETED> (c) International Agreement; Implementing Partner.--Not
later than 30 days after the date of the enactment of this Act, the
American Institute in Taiwan, in consultation with the Secretary of
State, should--</DELETED>
<DELETED> (1) begin negotiations with the Taipei Economic
and Cultural Representative Office, or with another appropriate
entity, for the purpose of entering into an agreement to
facilitate the placement of fellows in an agency of the
governing authorities on Taiwan; and</DELETED>
<DELETED> (2) begin the process of selecting an implementing
partner, which--</DELETED>
<DELETED> (A) shall agree to meet all of the legal
requirements required to operate in Taiwan;
and</DELETED>
<DELETED> (B) shall be composed of staff who
demonstrate significant experience managing exchange
programs in the Indo-Pacific region.</DELETED>
<DELETED> (d) Curriculum.--</DELETED>
<DELETED> (1) First year.--During the first year of each
fellowship under this section, each fellow should study--
</DELETED>
<DELETED> (A) the Mandarin Chinese
language;</DELETED>
<DELETED> (B) the people, history, and political
climate on Taiwan; and</DELETED>
<DELETED> (C) the issues affecting the relationship
between the United States and the Indo-Pacific
region.</DELETED>
<DELETED> (2) Second year.--During the second year of each
fellowship under this section, each fellow, subject to the
approval of the Secretary of State, the American Institute in
Taiwan, and the implementing partner, and in accordance with
the purposes of this title, shall work in--</DELETED>
<DELETED> (A) a parliamentary office, ministry, or
other agency of the governing authorities on Taiwan;
or</DELETED>
<DELETED> (B) an organization outside of the
governing authorities on Taiwan, whose interests are
associated with the interests of the fellow and the
agency of the United States Government from which the
fellow had been employed.</DELETED>
<DELETED> (e) Flexible Fellowship Duration.--Notwithstanding any
requirement under this section, the Secretary of State, in consultation
with the American Institute in Taiwan and, as appropriate, the
implementing partner, may alter the curriculum requirements under
subsection (d) for fellows whose placement in a parliamentary office,
ministry, or other agency of the governing authorities on Taiwan is for
a period shorter than 2 years.</DELETED>
<DELETED> (f) Program Requirements.--</DELETED>
<DELETED> (1) Eligibility requirements.--A United States
citizen is eligible for a fellowship under this section if he
or she--</DELETED>
<DELETED> (A) is an employee of the United States
Government;</DELETED>
<DELETED> (B) has at least 2 years of experience in
any branch of the United States Government;</DELETED>
<DELETED> (C) has a demonstrated professional or
educational background in the relationship between the
United States and countries in the Indo-Pacific region;
and</DELETED>
<DELETED> (D) has demonstrated his or her commitment
to further service in the United States
Government.</DELETED>
<DELETED> (2) Responsibilities of fellows.--Each recipient
of a fellowship under this section shall agree, as a condition
of such fellowship--</DELETED>
<DELETED> (A) to maintain satisfactory progress in
language training and appropriate behavior in Taiwan,
as determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its
implementing partner;</DELETED>
<DELETED> (B) to refrain from engaging in any
intelligence or intelligence-related activity on behalf
of the United States Government; and</DELETED>
<DELETED> (C) to continue Federal Government
employment for a period of not shorter than 4 years
after the conclusion of the fellowship or for not
shorter than 2 years for a fellowship that is 1 year or
shorter.</DELETED>
<DELETED> (3) Responsibilities of implementing partner.--
</DELETED>
<DELETED> (A) Selection of fellows.--The
implementing partner, in close coordination with the
Department of State and the American Institute in
Taiwan, shall--</DELETED>
<DELETED> (i) make efforts to recruit
fellowship candidates who reflect the diversity
of the United States;</DELETED>
<DELETED> (ii) select fellows for the Taiwan
Fellowship Program based solely on merit, with
appropriate supervision from the Department of
State and the American Institute in Taiwan;
and</DELETED>
<DELETED> (iii) prioritize the selection of
candidates willing to serve a fellowship
lasting 1 year or longer.</DELETED>
<DELETED> (B) First year.--The implementing partner
should provide each fellow in the first year (or
shorter duration, as jointly determined by the
Department of State and the American Institute in
Taiwan for those who are not serving a 2-year
fellowship) with--</DELETED>
<DELETED> (i) intensive Mandarin Chinese
language training; and</DELETED>
<DELETED> (ii) courses in the political
economy of Taiwan, China, and the broader Indo-
Pacific.</DELETED>
<DELETED> (C) Waiver of required training.--The
Department of State, in coordination with the American
Institute in Taiwan and, as appropriate, the
implementing partner, may waive any of the training
required under paragraph (2) to the extent that a
fellow has Mandarin language skills, knowledge of the
topic described in paragraph (2)(B), or for other
related reasons approved by the Department of State and
the American Institute in Taiwan. If any of the
training requirements are waived for a fellow serving a
2-year fellowship, the training portion of his or her
fellowship may be shortened to the extent
appropriate.</DELETED>
<DELETED> (D) Office; staffing.--The implementing
partner, in consultation with the Department of State
and the American Institute in Taiwan, shall maintain an
office and at least 1 full-time staff member in
Taiwan--</DELETED>
<DELETED> (i) to liaise with the American
Institute in Taiwan and the governing
authorities on Taiwan; and</DELETED>
<DELETED> (ii) to serve as the primary in-
country point of contact for the recipients of
fellowships under this Act and their
dependents.</DELETED>
<DELETED> (E) Other functions.--The implementing
partner shall perform other functions in association in
support of the Taiwan Fellowship Program, including
logistical and administrative functions, as prescribed
by the Department of State and the American Institute
in Taiwan.</DELETED>
<DELETED> (4) Noncompliance.--</DELETED>
<DELETED> (A) In general.--Any fellow who fails to
comply with the requirements under this section shall
reimburse the American Institute in Taiwan for--
</DELETED>
<DELETED> (i) the Federal funds expended for
the fellow's participation in the fellowship,
as set forth in paragraphs (2) and (3);
and</DELETED>
<DELETED> (ii) interest accrued on such
funds (calculated at the prevailing
rate).</DELETED>
<DELETED> (B) Full reimbursement.--Any fellow who
violates paragraph (1) or (2) of subsection (b) shall
reimburse the American Institute in Taiwan in an amount
equal to the sum of--</DELETED>
<DELETED> (i) all of the Federal funds
expended for the fellow's participation in the
fellowship; and</DELETED>
<DELETED> (ii) interest on the amount
specified in subparagraph (A), which shall be
calculated at the prevailing rate.</DELETED>
<DELETED> (C) Pro rata reimbursement.--Any fellow
who violates subsection (b)(3) shall reimburse the
American Institute in Taiwan in an amount equal to the
difference between--</DELETED>
<DELETED> (i) the amount specified in
paragraph (2); and</DELETED>
<DELETED> (ii) the product of--</DELETED>
<DELETED> (I) the amount the fellow
received in compensation during the
final year of the fellowship, including
the value of any allowances and
benefits received by the fellow;
multiplied by</DELETED>
<DELETED> (II) the percentage of the
period specified in subsection (b)(3)
during which the fellow did not remain
employed by the Federal
Government.</DELETED>
<DELETED>SEC. 606. REPORTS AND AUDITS.</DELETED>
<DELETED> (a) Annual Report.--Not later than 90 days after the
selection of the first class of fellows under this title, and annually
thereafter, the Department of State shall offer to brief the
appropriate congressional committees regarding the following
issues:</DELETED>
<DELETED> (1) An assessment of the performance of the
implementing partner in fulfilling the purposes of this
Act.</DELETED>
<DELETED> (2) The names and sponsoring agencies of the
fellows selected by the implementing partner and the extent to
which such fellows represent the diversity of the United
States.</DELETED>
<DELETED> (3) The names of the parliamentary offices,
ministries, other agencies of the governing authorities on
Taiwan, and nongovernmental institutions to which each fellow
was assigned during the second year of the
fellowship.</DELETED>
<DELETED> (4) Any recommendations, as appropriate, to
improve the implementation of the Taiwan Fellows Program,
including added flexibilities in the administration of the
program.</DELETED>
<DELETED> (5) An assessment of the Taiwan Fellows Program's
value upon the relationship between the United States and
Taiwan or the United States and Asian countries.</DELETED>
<DELETED> (b) Annual Financial Audit.--</DELETED>
<DELETED> (1) In general.--The financial records of any
implementing partner shall be audited annually in accordance
with generally accepted auditing standards by independent
certified public accountants or independent licensed public
accountants who are certified or licensed by a regulatory
authority of a State or another political subdivision of the
United States.</DELETED>
<DELETED> (2) Location.--Each audit under paragraph (1)
shall be conducted at the place or places where the financial
records of the implementing partner are normally
kept.</DELETED>
<DELETED> (3) Access to documents.--The implementing partner
shall make available to the accountants conducting an audit
under paragraph (1)--</DELETED>
<DELETED> (A) all books, financial records, files,
other papers, things, and property belonging to, or in
use by, the implementing partner that are necessary to
facilitate the audit; and</DELETED>
<DELETED> (B) full facilities for verifying
transactions with the balances or securities held by
depositories, fiscal agents, and custodians.</DELETED>
<DELETED> (4) Report.--</DELETED>
<DELETED> (A) In general.--Not later than 6 months
after the end of each fiscal year, the implementing
partner shall provide a report containing the findings
of the audit conducted for such fiscal year pursuant to
paragraph (1) to the Secretary of State and the
American Institute in Taiwan.</DELETED>
<DELETED> (B) Contents.--Each audit report under
subparagraph (A) shall--</DELETED>
<DELETED> (i) set forth the scope of the
audit;</DELETED>
<DELETED> (ii) include such statements,
along with the auditor's opinion of those
statements, as may be necessary to present
fairly the implementing partner's assets and
liabilities, surplus or deficit, with
reasonable detail;</DELETED>
<DELETED> (iii) include a statement of the
implementing partner's income and expenses
during the year; and</DELETED>
<DELETED> (iv) include a schedule of--
</DELETED>
<DELETED> (I) all contracts and
grants requiring payments greater than
$5,000; and</DELETED>
<DELETED> (II) any payments of
compensation, salaries, or fees at a
rate greater than $5,000 per
year.</DELETED>
<DELETED> (C) Copies.--Each audit report under
subparagraph (A) shall be produced in sufficient copies
for distribution to the public.</DELETED>
<DELETED>SEC. 607. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT
SERVICE.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Detail authorized.--With the approval of the
Secretary of State, an agency head may detail, for a period of
not more than 2 years, an employee of the agency of the United
States Government who has been awarded a fellowship under this
title, to the American Institute in Taiwan for the purpose of
assignment to the governing authorities on Taiwan or an
organization described in section 605(d)(2)(B).</DELETED>
<DELETED> (2) Agreement.--Each detailee or legislative
branch employee who separates from service of the sponsoring
agency shall enter into a written agreement with the Federal
Government before receiving a fellowship, in which the fellow
shall agree--</DELETED>
<DELETED> (A) to continue in the service of the
sponsoring agency at the end of fellowship for a period
of at least 4 years (or at least 2 years if the
fellowship duration is 1 year or shorter) unless the
detailee is involuntarily separated from the service of
such agency; and</DELETED>
<DELETED> (B) to pay to the American Institute in
Taiwan any additional expenses incurred by the Federal
Government in connection with the fellowship if the
detailee voluntarily separates from service with the
sponsoring agency before the end of the period for
which the detailee has agreed to continue in the
service of such agency.</DELETED>
<DELETED> (3) Exception.--The payment agreed to under
paragraph (2)(B) may not be required from--</DELETED>
<DELETED> (A) a detailee who leaves the service of
the sponsoring agency to enter into the service of
another agency of the United States Government unless
the head of the sponsoring agency notifies the detailee
before the effective date of entry into the service of
the other agency that payment will be required under
this subsection; or</DELETED>
<DELETED> (B) a legislative branch employee who
separates from service of such agency to participate in
the fellowship.</DELETED>
<DELETED> (b) Status as Government Employee.--A detailee--</DELETED>
<DELETED> (1) is deemed, for the purpose of preserving
allowances, privileges, rights, seniority, and other benefits,
to be an employee of the sponsoring agency;</DELETED>
<DELETED> (2) is entitled to pay, allowances, and benefits
from funds available to such agency, which is deemed to comply
with section 5536 of title 5, United States Code; and</DELETED>
<DELETED> (3) may be assigned to a position with an entity
described in section 605(d)(2)(A) if acceptance of such
position does not involve--</DELETED>
<DELETED> (A) the taking of an oath of allegiance to
another government; or</DELETED>
<DELETED> (B) the acceptance of compensation or
other benefits from any foreign government by such
detailee.</DELETED>
<DELETED> (c) Responsibilities of Sponsoring Agency.--</DELETED>
<DELETED> (1) In general.--The Federal agency from which a
detailee is detailed should provide the fellow allowances and
benefits that are consistent with Department of State
Standardized Regulations or other applicable rules and
regulations, including--</DELETED>
<DELETED> (A) a living quarters allowance to cover
the cost of housing in Taiwan;</DELETED>
<DELETED> (B) a cost of living allowance to cover
any possible higher costs of living in
Taiwan;</DELETED>
<DELETED> (C) a temporary quarters subsistence
allowance for up to 7 days if the fellow is unable to
find housing immediately upon arriving in
Taiwan;</DELETED>
<DELETED> (D) an education allowance to assist
parents in providing the fellow's minor children with
educational services ordinarily provided without charge
by public schools in the United States;</DELETED>
<DELETED> (E) moving expenses to transport personal
belongings of the fellow and his or her family in their
move to Taiwan, which is comparable to the allowance
given for American Institute in Taiwan employees
assigned to Taiwan; and</DELETED>
<DELETED> (F) an economy-class airline ticket to and
from Taiwan for each fellow and the fellow's immediate
family.</DELETED>
<DELETED> (2) Modification of benefits.--The American
Institute in Taiwan and its implementing partner, with the
approval of the Secretary of State, may modify the benefits set
forth in paragraph (1) if such modification is warranted by
fiscal circumstances.</DELETED>
<DELETED> (d) No Financial Liability.--The American Institute in
Taiwan, the implementing partner, and any governing authorities on
Taiwan or nongovernmental entities in Taiwan at which a fellow is
detailed during the second year of the fellowship may not be held
responsible for the pay, allowances, or any other benefit normally
provided to the detailee.</DELETED>
<DELETED> (e) Reimbursement.--Fellows may be detailed under
subsection (a)(1) without reimbursement to the United States by the
American Institute in Taiwan.</DELETED>
<DELETED> (f) Allowances and Benefits.--Detailees and legislative
branch fellows who separate from service to participate in the
fellowship may be paid by the American Institute in Taiwan for the
allowances and benefits listed in subsection (c).</DELETED>
<DELETED> (g) Separation of Legislative Branch Personnel During the
Fellowships.--</DELETED>
<DELETED> (1) In general.--Under such terms and conditions
as the agency head may direct, a legislative branch agency of
the United States Government may separate from Government
service for a specified period any officer or employee of such
agency who accepts a fellowship under the Taiwan Fellowship
Program and is not a detailee under subsection (a).</DELETED>
<DELETED> (2) Rights and benefits.--</DELETED>
<DELETED> (A) In general.--Notwithstanding section
8347(o), 8713, or 8914 of title 5, United States Code,
and in accordance with regulations of the Office of
Personnel Management, a legislative branch employee,
while serving as a fellow who is not a detailee under
subsection (a), is entitled to the rights and benefits
described in subsections (a) and (d) of section 3582 of
title 5, United States Code.</DELETED>
<DELETED> (B) Reimbursement.--The American Institute
in Taiwan shall reimburse the employing agency for any
costs incurred for fellows under subsections (a) and
(d) of section 3582 of title 5, United States Code,
during a fellowship under this title and may provide
any other pay or allowances to such fellows.</DELETED>
<DELETED>SEC. 608. FUNDING.</DELETED>
<DELETED> (a) Authorization of Appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--</DELETED>
<DELETED> (1) for fiscal year 2023, $2,900,000, of which--
</DELETED>
<DELETED> (A) $500,000 shall be used to launch the
Taiwan Fellowship Program through the issuance of a
competitive grant to an appropriate implementing
partner;</DELETED>
<DELETED> (B) $2,300,000 shall be used for a grant
to the appropriate implementing partner; and</DELETED>
<DELETED> (C) $100,000 shall be used for management
expenses of the American Institute in Taiwan related to
the management of the Taiwan Fellowship Program;
and</DELETED>
<DELETED> (2) for fiscal year 2023, and each succeeding
fiscal year, $2,400,000, of which--</DELETED>
<DELETED> (A) $2,300,000 shall be used for a grant
to the appropriate implementing partner; and</DELETED>
<DELETED> (B) $100,000 shall be used for management
expenses of the American Institute in Taiwan related to
the management of the Taiwan Fellowship
Program.</DELETED>
<DELETED> (b) Private Sources.--The implementing partner selected to
implement the Taiwan Fellowship Program may accept, use, and dispose of
gifts or donations of services or property in carrying out such
program, subject to the review and approval of the American Institute
in Taiwan.</DELETED>
<DELETED>SEC. 609. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN.</DELETED>
<DELETED> (a) Establishment of the United States-Taiwan Cultural
Exchange Foundation.--The Secretary of State should consider
establishing an independent nonprofit entity that--</DELETED>
<DELETED> (1) is dedicated to deepening ties between the
future leaders of Taiwan and the future leaders of the United
States; and</DELETED>
<DELETED> (2) works with State and local school districts
and educational institutions to send high school and university
students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.</DELETED>
<DELETED> (b) Partner.--State and local school districts and
educational institutions, including public universities, are encouraged
to partner with the Taipei Economic and Cultural Representative Office
in the United States to establish programs to promote more educational
and cultural exchanges.</DELETED>
<DELETED>TITLE VII--MISCELLANEOUS PROVISIONS</DELETED>
<DELETED>SEC. 701. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL
BILATERAL AND MULTILATERAL FORUMS AND
EXERCISES.</DELETED>
<DELETED> (a) Statement of Policy.--It is the policy of the United
States to invite Taiwanese counterparts to participate in high-level
bilateral and multilateral summits, military exercises, and economic
dialogues and forums.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the United States Government should invite
Taiwan to regional dialogues on issues of mutual
concern;</DELETED>
<DELETED> (2) the United States Government and Taiwanese
counterparts should resume meetings under the United States-
Taiwan Trade and Investment Framework Agreement and reach a
bilateral free trade agreement;</DELETED>
<DELETED> (3) the United States Government should invite
Taiwan to participate in bilateral and multilateral military
training exercises;</DELETED>
<DELETED> (4) the United States Government and Taiwanese
counterparts should engage in a regular and routine strategic
bilateral dialogue on arms sales in accordance with Foreign
Military Sales mechanisms; and</DELETED>
<DELETED> (5) the United States Government should support
export licenses for direct commercial sales supporting Taiwan's
indigenous defensive capabilities.</DELETED>
<DELETED>SEC. 702. REPORT ON TAIWAN TRAVEL ACT.</DELETED>
<DELETED> (a) List of High-Level Visits.--Not later than 180 days
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State, in accordance with the Taiwan Travel Act
(Public Law 115-135), shall submit to the appropriate congressional
committees--</DELETED>
<DELETED> (1) a list of high-level officials from the United
States Government who have traveled to Taiwan; and</DELETED>
<DELETED> (2) a list of high-level officials of Taiwan who
have entered the United States.</DELETED>
<DELETED> (b) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the Secretary of
State shall submit a report on the implementation of the Taiwan Travel
Act to the appropriate congressional committees.</DELETED>
<DELETED>SEC. 703. PROHIBITIONS AGAINST UNDERMINING UNITED STATES
POLICY REGARDING TAIWAN.</DELETED>
<DELETED> (a) Finding.--Congress finds that the efforts by the
Government of the People's Republic of China and the Chinese Communist
Party to compel private United States businesses, corporations, and
nongovernmental entities to use language mandated by the People's
Republic of China (referred to in this section as the ``PRC'') to
describe the relationship between Taiwan and the PRC are an
illegitimate attempt to enforce political censorship
globally.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the United States Government, in coordination with United States
businesses and nongovernmental entities, should formulate a code of
conduct for, and otherwise coordinate on, interacting with the
Government of the PRC and the Chinese Communist Party and their
affiliated entities, the aim of which is--</DELETED>
<DELETED> (1) to counter PRC operations that threaten free
speech, academic freedom, and the normal operations of United
States businesses and nongovernmental entities; and</DELETED>
<DELETED> (2) to counter PRC efforts to censor the way the
world refers to issues deemed sensitive to the PRC Government
and Chinese Communist Party leaders, including issues related
to Taiwan, Tibet, the Tiananmen Square Massacre, and the mass
internment of Uyghurs and other Turkic Muslims, among many
other issues.</DELETED>
<DELETED> (c) Prohibition Against Recognizing the People's Republic
of China's Claims to Sovereignty Over Taiwan.--</DELETED>
<DELETED> (1) Sense of congress.--It is the sense of
Congress that--</DELETED>
<DELETED> (A) issues related to the sovereignty of
Taiwan are for the people of Taiwan to decide through
the democratic process they have established;</DELETED>
<DELETED> (B) the dispute between the PRC and Taiwan
must be resolved peacefully and with the assent of the
people of Taiwan;</DELETED>
<DELETED> (C) the 2 key obstacles to peaceful
resolution are--</DELETED>
<DELETED> (i) the authoritarian nature of
the PRC political system under one-party rule
of the Chinese Communist Party, which is
fundamentally incompatible with Taiwan's
democracy; and</DELETED>
<DELETED> (ii) the PRC's pursuit of coercion
and aggression towards Taiwan, in potential
violation of the third United States-PRC Joint
Communique, which was completed on August 17,
1982; and</DELETED>
<DELETED> (D) any attempt to coerce or force the
people of Taiwan to accept a political arrangement that
would subject them to direct or indirect rule by the
PRC, including a ``one country, two systems''
framework, would constitute a grave challenge to United
States security interests in the region.</DELETED>
<DELETED> (2) Statement of policy.--It is the policy of the
United States to oppose any attempt by the PRC authorities to
unilaterally impose a timetable or deadline for unification on
Taiwan.</DELETED>
<DELETED> (3) Prohibition on recognition of prc claims
without the assent of people of taiwan.--No department or
agency of the United States Government may formally or
informally recognize PRC claims to sovereignty over Taiwan
without the assent of the people of Taiwan, as expressed
directly through the democratic process.</DELETED>
<DELETED> (4) Treatment of government of taiwan.--</DELETED>
<DELETED> (A) In general.--The Department of State
and other United States Government agencies shall--
</DELETED>
<DELETED> (i) treat the democratically
elected government of Taiwan as the legitimate
representative of the people of Taiwan;
and</DELETED>
<DELETED> (ii) end the outdated practice of
referring to the Government in Taiwan as the
``authorities''.</DELETED>
<DELETED> (B) No restrictions.--Notwithstanding the
continued supporting role of the American Institute in
Taiwan in carrying out United States foreign policy and
protecting United States interests in Taiwan, the
United States Government may not place any undue
restrictions on the ability of officials of the
Department of State and other United States Government
agencies from interacting directly and routinely with
counterparts in the Taiwan government.</DELETED>
<DELETED> (C) Rule of construction.--Nothing in this
paragraph may be construed as--</DELETED>
<DELETED> (i) restoring diplomatic relations
with the Republic of China (Taiwan), which were
terminated on January 1, 1979; or</DELETED>
<DELETED> (ii) altering the United States
Government's position on Taiwan's international
status.</DELETED>
<DELETED> (d) Strategy To Protect United States Businesses and
Nongovernmental Entities From Coercion.--</DELETED>
<DELETED> (1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, the Secretary of
the Treasury, and the heads of other relevant Federal agencies,
shall submit an unclassified report, with a classified annex,
if necessary, on how to protect United States businesses and
nongovernmental entities from PRC operations, including
coercion and threats that lead to censorship or self-
censorship, or which compel compliance with political or
foreign policy positions of the Government of the People's
Republic of China and the Chinese Communist Party.</DELETED>
<DELETED> (2) Elements.--The strategy shall include--
</DELETED>
<DELETED> (A) information regarding efforts by the
PRC Government to censor the websites of United States
airlines, hotels, and other businesses regarding the
relationship between Taiwan and the PRC;</DELETED>
<DELETED> (B) information regarding efforts by the
PRC Government to target United States nongovernmental
entities through operations intended to weaken support
for Taiwan;</DELETED>
<DELETED> (C) information regarding United States
Government efforts to counter the threats posed by
Chinese state-sponsored propaganda and disinformation,
including information on best practices, current
successes, and existing barriers to responding to such
threat; and</DELETED>
<DELETED> (D) details of any actions undertaken to
create the code of conduct described in subsection (b),
including a timetable for the implementation of such
code of conduct.</DELETED>
<DELETED>TITLE VIII--SANCTIONS MEASURES FOR CROSS-STRAIT
STABILITY</DELETED>
<DELETED>SEC. 801. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the meanings
given such terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).</DELETED>
<DELETED> (2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Committee on Banking, Housing, and
Urban Affairs of the Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Affairs of
the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Financial Services of
the House of Representatives.</DELETED>
<DELETED> (3) CCP.--The term ``CCP'' means the Chinese
Communist Party.</DELETED>
<DELETED> (4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.</DELETED>
<DELETED> (5) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given such
term in regulations prescribed by the Secretary of the
Treasury.</DELETED>
<DELETED> (6) Foreign person.--The term ``foreign person''
means an individual or entity that is not a United States
person.</DELETED>
<DELETED> (7) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means that a
person had actual knowledge, or should have known, of the
conduct, the circumstance, or the result.</DELETED>
<DELETED> (8) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (B) an entity organized under the laws of
the United States or of any jurisdiction within the
United States, including a foreign branch of such an
entity.</DELETED>
<DELETED>SEC. 802. DETERMINATIONS WITH RESPECT TO ACTIVITIES OF THE
PEOPLE'S REPUBLIC OF CHINA IMPACTING TAIWAN.</DELETED>
<DELETED> (a) In General.--The President shall determine, in
accordance with subsection (b), whether--</DELETED>
<DELETED> (1) the Government of the People's Republic of
China, including through any of its proxies, is knowingly
engaged in a significant escalation in hostile action in or
against Taiwan, compared to the level of hostile action in or
against Taiwan before December 1, 2021; and</DELETED>
<DELETED> (2) if such engagement exists, whether such
escalation has the significant effect of--</DELETED>
<DELETED> (A) undermining, overthrowing, or
dismantling the governing institutions in
Taiwan;</DELETED>
<DELETED> (B) occupying the territory of Taiwan;
or</DELETED>
<DELETED> (C) interfering with the territorial
integrity of Taiwan.</DELETED>
<DELETED> (b) Timing of Determinations.--The President shall make
the determination described in subsection (a)--</DELETED>
<DELETED> (1) not later than 15 days after the date of the
enactment of this Act;</DELETED>
<DELETED> (2) after the first determination under paragraph
(1), not less frequently than once every 90 days (or more
frequently, if warranted) during the 1-year period beginning on
such date of enactment; and</DELETED>
<DELETED> (3) after the end of such 1-year period, not less
frequently than once every 120 days.</DELETED>
<DELETED> (c) Report Required.--Upon making a determination
described in subsection (a), the President shall submit a report
describing the factors influencing such determination to--</DELETED>
<DELETED> (1) the appropriate committees of
Congress;</DELETED>
<DELETED> (2) the Committee on Armed Services of the Senate;
and</DELETED>
<DELETED> (3) the Committee on Armed Services of the House
of Representatives.</DELETED>
<DELETED>SEC. 803. IMPOSITION OF SANCTIONS ON OFFICIALS OF THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA RELATING TO
OPERATIONS IN TAIWAN.</DELETED>
<DELETED> (a) In General.--Not later than 60 days after making an
affirmative determination under section 802, the President shall, to
the extent they can be identified, impose the sanctions described in
section 808 with respect to each of the officials specified in
subsection (b).</DELETED>
<DELETED> (b) Officials Specified.--The officials specified in this
subsection are--</DELETED>
<DELETED> (1) the President of the People's Republic of
China;</DELETED>
<DELETED> (2) the Premier of the People's Republic of
China;</DELETED>
<DELETED> (3) the Foreign Minister of the People's Republic
of China;</DELETED>
<DELETED> (4) members of the CCP Politburo Standing
Committee;</DELETED>
<DELETED> (5) members of the CCP Party Central Military
Commission;</DELETED>
<DELETED> (6) members of the CCP Politburo;</DELETED>
<DELETED> (7) members of the CCP Central
Committee;</DELETED>
<DELETED> (8) members of the CCP National
Congress;</DELETED>
<DELETED> (9) members of the State Council of the People's
Republic of China; and</DELETED>
<DELETED> (10) members of the State Central Military
Commission of the CCP.</DELETED>
<DELETED> (c) Additional Officials.--</DELETED>
<DELETED> (1) List required.--Not later than 30 days after
making an affirmative determination under section 802 and every
90 days thereafter, the President shall submit a list to the
appropriate committees of Congress that identifies any foreign
persons not specified in subsection (b) who the President
determines--</DELETED>
<DELETED> (A) are--</DELETED>
<DELETED> (i) senior officials of any branch
of the armed forces of the People's Republic of
China leading any of the operations described
in section 802; or</DELETED>
<DELETED> (ii) senior officials of the
Government of the People's Republic of China,
including any intelligence agencies or security
services of the People's Republic of China, who
have significant roles in planning or
implementing such operations; and</DELETED>
<DELETED> (B) with respect to which sanctions should
be imposed in the interest of the national security of
the United States.</DELETED>
<DELETED> (2) Imposition of sanctions.--Upon the submission
of each list required under paragraph (1), the President shall
impose the sanctions described in section 808 with respect to
each foreign person included on the list.</DELETED>
<DELETED>SEC. 804. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.</DELETED>
<DELETED> (a) Imposition of Sanctions.--</DELETED>
<DELETED> (1) In general.--Not later than 30 days after
making an affirmative determination under section 802, the
President shall impose the sanctions described in section
808(a) with respect to 3 or more of the following financial
institutions:</DELETED>
<DELETED> (A) Industrial and Commercial Bank of
China (ICBC).</DELETED>
<DELETED> (B) China Construction Bank.</DELETED>
<DELETED> (C) Bank of China.</DELETED>
<DELETED> (D) Agricultural Bank of China.</DELETED>
<DELETED> (E) Bank of Communications.</DELETED>
<DELETED> (F) China Development Bank.</DELETED>
<DELETED> (G) Postal Savings Bank of China
(PSBC).</DELETED>
<DELETED> (H) Industrial Bank Co., Ltd.</DELETED>
<DELETED> (I) China CITIC Bank
Corporation.</DELETED>
<DELETED> (J) China Merchants Bank.</DELETED>
<DELETED> (K) Export-Import Bank of China.</DELETED>
<DELETED> (L) Shanghai Pudong Development Bank Co.,
Ltd.</DELETED>
<DELETED> (M) China Everbright Bank Co.,
Ltd.</DELETED>
<DELETED> (N) Hua Xia Bank.</DELETED>
<DELETED> (O) Ping An Bank Co., Ltd.</DELETED>
<DELETED> (2) Subsidiaries and successor entities.--The
President may impose the sanctions described in section 808(a)
with respect to any subsidiary of, or successor entity to, a
financial institution specified in paragraph (1).</DELETED>
<DELETED> (b) Additional People's Republic of China Financial
Institutions.--</DELETED>
<DELETED> (1) List required.--Not later than 30 days after
making an affirmative determination under section 802, and
every 90 days thereafter, the President shall submit a list to
the appropriate committees of Congress that identifies any
foreign persons that the President determines--</DELETED>
<DELETED> (A) are significant financial institutions
owned or operated by the Government of the People's
Republic of China; and</DELETED>
<DELETED> (B) should be sanctioned in the interest
of United States national security.</DELETED>
<DELETED> (2) Imposition of sanctions.--Upon the submission
of each list required under paragraph (1), the President shall
impose the sanctions described in section 808(a) with respect
to each foreign person identified on the list.</DELETED>
<DELETED>SEC. 805. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF
SPECIALIZED FINANCIAL MESSAGING SERVICES TO SANCTIONED
PEOPLE'S REPUBLIC OF CHINA FINANCIAL
INSTITUTIONS.</DELETED>
<DELETED> (a) List of Providers of Specialized Financial Messaging
Services to PRC Financial Institutions.--Not later than 60 days after
making an affirmative determination under section 802, and not later
than 30 days after the submission of any list of People's Republic of
China financial institutions under section 804(b)(1), the Secretary of
State, in consultation with the Secretary of the Treasury, shall submit
a list to the appropriate committees of Congress that identifies all
known persons that provide specialized financial messaging services to,
or that enable or facilitate access to such services for, any financial
institution specified in section 804(a) or that is on the list required
under section 804(b).</DELETED>
<DELETED> (b) Report on Efforts To Terminate the Provision of
Specialized Financial Messaging Services for Sanctioned People's
Republic of China Financial Institutions.--Not later than 90 days after
the imposition of any sanctions authorized under section 804, and every
30 days thereafter, as necessary, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit a report
to the appropriate committees of Congress that--</DELETED>
<DELETED> (1) describes the status of efforts to ensure that
the termination of the provision of specialized financial
messaging services to, and the enabling and facilitation of
access to such services for, any financial institution against
which sanctions are imposed pursuant to section 804;
and</DELETED>
<DELETED> (2) identifies any other provider of specialized
financial messaging services that continues to provide
messaging services to, or enables or facilitates access to such
services for, any such financial institution.</DELETED>
<DELETED> (c) Authorization for the Imposition of Sanctions.--If, on
or after the date that is 90 days after the imposition of any sanctions
authorized under section 804, a provider of financial specialized
financial messaging services continues to knowingly provide specialized
financial messaging services to, or knowingly enable or facilitate
direct or indirect access to such messaging services for, any financial
institution with respect to which sanctions are imposed pursuant to
section 804, the President may impose sanctions pursuant to that
section or the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to such provider.</DELETED>
<DELETED> (d) Enabling or Facilitation of Access to Specialized
Financial Messaging Services Through Intermediary Financial
Institutions.--For purposes of this section, enabling or facilitating
direct or indirect access to specialized financial messaging services
includes doing so by serving as an intermediary financial institution
with access to such messaging services.</DELETED>
<DELETED> (e) Form of Lists and Reports.--Each list required under
subsection (a) and each report required under subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.</DELETED>
<DELETED>SEC. 806. IMPOSITION OF SANCTIONS WITH RESPECT TO PEOPLE'S
REPUBLIC OF CHINA EXTRACTIVE INDUSTRIES.</DELETED>
<DELETED> (a) Identification.--Not later than 60 days after making
an affirmative determination under section 802, the President shall
identify foreign persons involved in any of the sectors or industries
described in subsection (b) that the President determines should be
sanctioned in the interest of United States national
security.</DELETED>
<DELETED> (b) Sectors and Industries Described.--The sectors and
industries described in this subsection are--</DELETED>
<DELETED> (1) oil and gas extraction and
production;</DELETED>
<DELETED> (2) coal extraction, mining, and
production;</DELETED>
<DELETED> (3) minerals extraction and processing;
and</DELETED>
<DELETED> (4) any other sector or industry with respect to
which the President determines the imposition of sanctions is
in the United States national security interest.</DELETED>
<DELETED> (c) List; Imposition of Sanctions.--Not later than 90 days
after making an affirmative determination under section 802, the
President shall--</DELETED>
<DELETED> (1) submit a list of the persons identified under
subsection (a) to the appropriate committees of Congress;
and</DELETED>
<DELETED> (2) impose the sanctions described in section 808
with respect to each such person.</DELETED>
<DELETED>SEC. 807. ADDITIONAL SANCTIONS.</DELETED>
<DELETED> (a) In General.--Beginning on the date that is 90 days
after the date of the enactment of this Act, the President shall impose
the sanctions described in section 808 on any foreign person that the
President determines, while acting for or on behalf of the Government
of the People's Republic of China, knowingly--</DELETED>
<DELETED> (1) ordered or engaged directly in activities
interfering significantly in a democratic process in Taiwan;
or</DELETED>
<DELETED> (2) with the objective of destabilizing Taiwan,
engaged directly in, or ordered--</DELETED>
<DELETED> (A) malicious cyber-enabled activities;
or</DELETED>
<DELETED> (B) any military exercise that crossed
that ``middle line'' in the Taiwan Strait.</DELETED>
<DELETED> (b) Waiver.--The President may waive the application of
sanctions under this section if the President submits to the
appropriate committees of Congress a written determination that such
waiver is in the national interests of the United States.</DELETED>
<DELETED>SEC. 808. SANCTIONS DESCRIBED.</DELETED>
<DELETED> (a) Property Blocking.--Except as provided in section 810,
the President shall exercise all of the powers granted by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to
the extent necessary to block and prohibit all transactions in all
property and interests in property of the foreign person if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.</DELETED>
<DELETED> (b) Aliens Inadmissible for Visas, Admission, or Parole.--
</DELETED>
<DELETED> (1) Visas, admission, or parole.--In the case of
an alien, the alien is--</DELETED>
<DELETED> (A) inadmissible to the United
States;</DELETED>
<DELETED> (B) ineligible to receive a visa or other
documentation to enter the United States; and</DELETED>
<DELETED> (C) otherwise ineligible to be admitted or
paroled into the United States or to receive any other
benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).</DELETED>
<DELETED> (2) Current visas revoked.--</DELETED>
<DELETED> (A) In general.--The visa or other entry
documentation of an alien described in paragraph (1)
shall be revoked, regardless of when such visa or other
entry documentation was issued.</DELETED>
<DELETED> (B) Immediate effect.--A revocation under
subparagraph (A) shall--</DELETED>
<DELETED> (i) take effect immediately;
and</DELETED>
<DELETED> (ii) automatically cancel any
other valid visa or entry documentation that is
in the alien's possession.</DELETED>
<DELETED>SEC. 809. IMPLEMENTATION; REGULATIONS; PENALTIES.</DELETED>
<DELETED> (a) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.</DELETED>
<DELETED> (b) Rulemaking.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
title.</DELETED>
<DELETED> (c) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this title, or
any regulation, license, or order issued to carry out this title, shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.</DELETED>
<DELETED>SEC. 810. EXCEPTIONS; WAIVER.</DELETED>
<DELETED> (a) Exceptions.--</DELETED>
<DELETED> (1) Exception for intelligence activities.--This
title shall not apply with respect to--</DELETED>
<DELETED> (A) activities subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.); or</DELETED>
<DELETED> (B) authorized intelligence activities of
the United States.</DELETED>
<DELETED> (2) Exception for compliance with international
obligations and law enforcement activities.--Sanctions under
this title shall not apply with respect to an alien if
admitting or paroling such alien into the United States is
necessary--</DELETED>
<DELETED> (A) to permit the United States to comply
with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success on June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States; or</DELETED>
<DELETED> (B) to carry out or assist law enforcement
activity in the United States.</DELETED>
<DELETED> (3) Exception relating to importation of goods.--
</DELETED>
<DELETED> (A) Defined term.--In this paragraph, the
term ``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.</DELETED>
<DELETED> (B) In general.--Notwithstanding any other
provision of this title, the authority or a requirement
to impose sanctions under this title shall not include
the authority or a requirement to impose sanctions on
the importation of goods.</DELETED>
<DELETED> (b) National Security Waiver.--The President may waive the
imposition of sanctions based on a determination under section 802 with
respect to a person if the President--</DELETED>
<DELETED> (1) determines that such a waiver is in the
national security interests of the United States; and</DELETED>
<DELETED> (2) submits a notification of the waiver and the
reasons for the waiver to the appropriate committees of
Congress.</DELETED>
<DELETED>SEC. 811. TERMINATION.</DELETED>
<DELETED> The President may terminate the sanctions imposed under
this title based on a determination under section 802, after
determining and certifying to the appropriate committees of Congress
that the Government of the People's Republic of China--</DELETED>
<DELETED> (1) has verifiably ceased the activities described
in section 802(a) with respect to operations against Taiwan;
and</DELETED>
<DELETED> (2) to the extent applicable, has entered into an
agreed settlement with a legitimate democratic Government of
Taiwan.</DELETED>
<DELETED>TITLE IX--RULE OF CONSTRUCTION</DELETED>
<DELETED>SEC. 901. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act may be construed--</DELETED>
<DELETED> (1) to restore diplomatic relations with the
Republic of China; or</DELETED>
<DELETED> (2) to alter the United States Government's
position with respect to the international status of the
Republic of China.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Taiwan Policy Act
of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--UNITED STATES POLICY TOWARD TAIWAN
Sec. 101. Declaration of policy.
Sec. 102. Treatment of the government in Taiwan.
Sec. 103. Taiwan symbols of sovereignty.
Sec. 104. Sense of Congress on designation and references to Taiwan
Representative Office.
TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
Sec. 201. Amendments to the Taiwan Relations Act.
Sec. 202. Anticipatory planning and annual review of the United States'
strategy to deter the use of force by the
People's Republic of China to change the
status quo of Taiwan.
Sec. 203. Joint assessment.
Sec. 204. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the
People's Republic of China.
Sec. 205. Requirements regarding definition of counter intervention
capabilities.
Sec. 206. Comprehensive training program.
Sec. 207. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 208. Prioritizing excess defense article transfers for Taiwan.
Sec. 209. Fast-tracking sales to Taiwan under foreign military sales
program.
Sec. 210. Whole-of-government deterrence measures to respond to the
People's Republic of China's force against
Taiwan.
Sec. 211. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 212. Treatment of Taiwan as a major non-NATO ally.
Sec. 213. Use of presidential drawdown authority to provide security
assistance to Taiwan.
Sec. 214. International military education and training cooperation
with Taiwan.
Sec. 215. Expediting delivery of arms exports to Taiwan and United
States allies in the Indo-Pacific.
TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND
INFLUENCE CAMPAIGNS
Sec. 301. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 302. Strategy to counter economic coercion by the People's
Republic of China targeting countries and
entities that support Taiwan.
Sec. 303. China censorship monitor and action group.
TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 401. Participation of Taiwan in international organizations.
Sec. 402. Participation of Taiwan in the Inter-American Development
Bank.
Sec. 403. Plan for Taiwan's participation in the Inter-American
Development Bank.
Sec. 404. Report concerning member state status for Taiwan at the
Inter-American Development Bank.
Sec. 405. Clarification regarding United Nations General Assembly
Resolution 2758 (XXVI).
Sec. 406. Meaningful participation of Taiwan in the international civil
aviation organization.
TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN THE
UNITED STATES AND TAIWAN
Sec. 501. Findings.
Sec. 502. Sense of Congress on a free trade agreement and bilateral tax
agreement with Taiwan, the Indo-Pacific
Economic Framework, and CBP Preclearance.
Sec. 503. Sense of Congress on United States-Taiwan development
cooperation.
TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS
WITH TAIWAN
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Taiwan Fellowship Program.
Sec. 606. Reports and audits.
Sec. 607. Taiwan fellows on detail from government service.
Sec. 608. Funding.
Sec. 609. Study and report.
Sec. 610. Supporting United States educational and exchange programs
with Taiwan.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Invitation of Taiwanese counterparts to high-level bilateral
and multilateral forums and exercises.
Sec. 702. Report on Taiwan Travel Act.
Sec. 703. Prohibitions against undermining United States policy
regarding Taiwan.
Sec. 704. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of
2019.
Sec. 705. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 706. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic
of China with respect to Taiwan.
Sec. 707. Stability across the Taiwan Strait.
TITLE VIII--DETERRENCE MEASURES FOR CROSS-STRAIT STABILITY AND TO
IMPOSE COSTS ON THE PEOPLE'S REPUBLIC OF CHINA FOR UNILATERALLY
CHANGING OR ATTEMPTING TO CHANGE THE STATUS QUO OF TAIWAN
Sec. 801. Definitions.
Sec. 802. Determinations with respect to activities of the People's
Republic of China against Taiwan.
Sec. 803. Imposition of sanctions on officials of the Government of the
People's Republic of China relating to
operations in Taiwan.
Sec. 804. Imposition of sanctions with respect to financial
institutions of the People's Republic of
China.
Sec. 805. Reporting requirement.
Sec. 806. Additional sanctions.
Sec. 807. Sanctions described.
Sec. 808. Implementation; regulations; penalties.
Sec. 809. Exceptions; waiver.
Sec. 810. Termination.
TITLE IX--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Study.
Sec. 904. Infectious Disease Monitoring Center.
TITLE X--SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS ACT
Sec. 1001. Short title.
Sec. 1002. Sanctions with respect to Chinese persons responsible for
China's activities in the South China Sea
and the East China Sea.
Sec. 1003. Sense of Congress regarding portrayals of the South China
Sea or the East China Sea as part of China.
Sec. 1004. Sense of Congress on 2016 permanent court of arbitration's
tribunal ruling on arbitration case between
Philippines and People's Republic of China.
Sec. 1005. Report on countries that recognize Chinese sovereignty over
the South China Sea or the East China Sea.
TITLE XI--RULES OF CONSTRUCTION
Sec. 1101. Rule of construction.
Sec. 1102. Rule of construction regarding the use of military force.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1949, the close relationship between the United
States and Taiwan has been of enormous benefit to both parties
and to the Indo-Pacific region as a whole.
(2) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) has enabled the people of the United States and
the people of Taiwan to maintain a strong and important
relationship that promotes regional security, prosperity, and
shared democratic values.
(3) The security of Taiwan and the ability for the people
of Taiwan to determine their own future are fundamental to
United States interests and values.
(4) The Taipei Economic and Cultural Representative Office
in the United States and the American Institute in Taiwan
facilitate critical consular relations that--
(A) protect the interests of the people of the
United States and the people of Taiwan; and
(B) strengthen people-to-people ties.
(5) Increased engagement between public officials,
commercial interests, civil society leaders, and others
enhances United States-Taiwan relations and its economic,
security, and democratic dimensions.
(6) Taiwan serves as a critical partner on regional and
transnational issues, such as public health, climate change,
critical and emerging technologies, cybersecurity, trade, and
freedom of navigation.
(7) Taiwan exemplifies a thriving democracy consisting of
more than 23,000,000 people who value their suffrage, free
markets, right to due process, freedom of expression, and other
individual liberties.
(8) President Xi Jinping of the People's Republic of China
(referred to in this Act as the ``PRC'') continues to repeat
his desire to stifle the freedom of Taiwan, as evidenced by his
July 2021 proclamation, in which he stated, ``All sons and
daughters of China, including compatriots on both sides of the
Taiwan Strait, must work together and move forward in
solidarity, resolutely smashing any Taiwan independence
plots.''.
(9) As President Xi Jinping concentrates his power in the
Chinese Communist Party (referred to in this Act as the
``CCP''), he is escalating the PRC's campaign of coercion and
intimidation against Taiwan, as evidenced by--
(A) the accelerated preparations made by the PRC
and its People's Liberation Army (referred to in this
Act as the ``PLA'') for an offensive attack against
Taiwan, such as the PLA's January 2022 incursion of
nearly 40 fighters, bombers, and other warplanes into
Taiwan's air defense identification zone;
(B) the PLA's growing offensive preparations in the
Taiwan Strait, such as amphibious assault and live-fire
exercises and record-scale incursions into Taiwanese
air space;
(C) the Foreign Ministry's diplomatic efforts to
isolate Taiwan, such as abusing its position in
international institutions and multilateral fora to
exclude Taiwanese participation despite Taiwan's
demonstrated expertise in relevant subjects, such as
public health;
(D) threats and actions to compromise Taiwan's
economy and critical suppliers, such as draconian
export controls and the ``31 Measures'' intended to
lure Taiwanese talent to mainland China and away from
Taiwan;
(E) persistent and targeted cyberattacks, numbering
nearly 20,000,000 per month, which are intended to
compromise Taiwan's critical infrastructure and inflict
civilian harm;
(F) political and economic pressure on other
countries who seek closer ties with Taiwan, such as
recent export controls related to Lithuania after
Lithuania announced a permanent Taiwanese
Representative Office in Lithuania.
(10) On multiple occasions, through both formal and
informal channels, the United States has expressed its concern
for the PRC's destabilizing activities in the Taiwan Strait and
on the international stage that aim to subvert Taiwan's
democratic institutions.
(11) The Indo-Pacific Strategy of the United States--
(A) identifies Taiwan as an important leading
regional partner;
(B) seeks to bolster Taiwan's self-defense
capabilities; and
(C) reaffirms that Taiwan's future must be
determined peacefully and in accordance with the wishes
and best interests of the people of Taiwan.
(12) The PRC considers stifling the freedom of Taiwan as a
critical and necessary step to displacing the United States as
the preeminent military power in the Indo-Pacific and continues
its modernization campaign to enhance the power-projection
capabilities of the PLA and its ability to conduct joint
operations.
(13) Taiwan maintains a modern, ready, self-defense force
that adheres to the highest democratic principles and benefits
from continued state of the art security assistance.
(14) The defense of Taiwan is critical to--
(A) mitigating the PLA's ability to project power
and establish contested zones within the First and
Second Island Chains and limiting the PLA's freedom of
maneuver to engage in unconstrained power projection
beyond the First Island Chain in order to protect
United States territory, such as Hawaii and Guam;
(B) defending the territorial integrity of Indo-
Pacific allies, such as Japan;
(C) deterring other countries and competitors from
exercising force as a means to revise the established
status quo;
(D) championing democratic institutions and
societies in the Indo-Pacific region and throughout the
world; and
(E) maintaining a rules-based international order
that--
(i) constrains authoritarian powers;
(ii) enshrines collective security;
(iii) promotes democracy and respect for
human rights and fundamental freedoms; and
(iv) promotes peace and prosperity.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--Except as
otherwise provided in this Act, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Government in taiwan.--The term ``government in
Taiwan'' means the national-level government and its
administrative units at the municipal, county, and local levels
in Taiwan, including its representatives overseas.
(3) People's liberation army; pla.--The terms ``People's
Liberation Army'' and ``PLA'' mean the armed forces of the
People's Republic of China.
(4) Republic of china.--The term ``Republic of China''
means ``Taiwan''.
(5) Sharp power.--The term ``sharp power'' means the
coordinated and often concealed application of disinformation,
media manipulation, economic coercion, cyber-intrusions,
targeted investments, and academic censorship that is
intended--
(A) to corrupt political and nongovernmental
institutions and interfere in democratic elections and
encourage self-censorship of views at odds with those
of the Government of the People's Republic of China or
the Chinese Communist Party; or
(B) to foster attitudes, behavior, decisions, or
outcomes in Taiwan and elsewhere that support the
interests of the Government of the People's Republic of
China or the Chinese Communist Party.
TITLE I--UNITED STATES POLICY TOWARD TAIWAN
SEC. 101. DECLARATION OF POLICY.
It is the policy of the United States--
(1) to support the security of Taiwan, the stability of
cross-Strait relations, and the freedom of the people of Taiwan
to determine their own future, and to strenuously oppose any
action by the PRC to use force to change the status quo of
Taiwan;
(2) to cooperate with Taiwan as an important partner of the
United States in promoting a free and open Indo-Pacific;
(3) to deter the use of force by the PRC to change the
status quo of Taiwan by coordinating with allies and partners--
(A) to identify and develop significant economic,
diplomatic, and other measures that will deter and
impose costs on any such use of force;
(B) to convey, in advance, severe consequences that
would take effect immediately after the PRC engaged in
any such use of force; and
(C) to support and cooperate with Taiwan to
implement, resource, and modernize its military
capabilities, including an effective defense strategy,
through security assistance and increases in defense
spending;
(4) to strengthen cooperation with the military of Taiwan
under the framework of the Taiwan Relations Act (Public Law 96-
8; 22 U.S.C. 3301 et seq.) and the Six Assurances, with
consideration of the ongoing military buildup in China and the
military balance in the Taiwan Strait, and to transfer defense
articles to Taiwan to enhance its capabilities, including its
efforts to undertake defensive operations and maintain the
ability to deny PRC coercion and invasion;
(5) to urge Taiwan to increase its own investments in
military capabilities, including those that support the
implementation of an effective defense strategy;
(6) to advance and finalize key provisions of the United
States-Taiwan Trade and Investment Framework Agreement and
deepen economic ties between the United States and Taiwan and
advance the interests of the United States by negotiating a
bilateral free trade agreement as soon as possible, which will
include appropriate levels of labor rights and environmental
protections;
(7) to include Taiwan as a partner in the Indo-Pacific
Economic Framework;
(8) to collaborate with Taiwan to strengthen health
systems, reinforce critical infrastructure, promote disaster
resilience, protect marine resources, and otherwise support
socioeconomic development in Pacific Island countries;
(9) to promote Taiwan's meaningful participation in
important international organizations, including organizations
that address global health, civilian air safety, and
transnational crime, and bilateral and multilateral security
summits, military exercises, and economic dialogues and forums;
(10) to support the Government in Taiwan as a
representative democratic government, constituted through free
and fair elections that reflect the will of the people of
Taiwan and promote dignity and respect for the democratically-
elected leaders of Taiwan, who represent more than 23,000,000
citizens, by using the full range of diplomatic and other
appropriate tools available to promote Taiwan's international
space;
(11) to ensure that distinctions in practice regarding
United States relations with Taiwan are consistent with the
longstanding, comprehensive, strategic, and values-based
relationship the United States shares with Taiwan, and
contribute to the peaceful resolution of cross-Strait issues;
and
(12) to create and execute a plan for enhancing our
relationship with Taiwan by forming a robust partnership that--
(A) meets current geopolitical challenges;
(B) fully accounts for Taiwan's democratic status;
and
(C) remains faithful to United States principles
and values, consistent with the Taiwan Relations Act
and the Six Assurances.
SEC. 102. TREATMENT OF THE GOVERNMENT IN TAIWAN.
(a) In General.--The Secretary of State and other Federal
departments and agencies shall--
(1) engage with the democratically-elected government in
Taiwan as the legitimate representative of the people of
Taiwan; and
(2) end the outdated practice of referring to the
government in Taiwan as the ``Taiwan authorities''.
(b) No Restrictions on Bilateral Interactions.--Notwithstanding the
continued supporting role of the American Institute in Taiwan in
carrying out United States foreign policy and protecting United States
interests in Taiwan, the United States Government shall not place any
undue restrictions on the ability of officials of the Department of
State or other Federal departments and agencies to interact directly
and routinely with their counterparts in the government in Taiwan.
SEC. 103. TAIWAN SYMBOLS OF SOVEREIGNTY.
(a) Defined Term.--In this section, the term ``official purposes''
means--
(1) the wearing of official uniforms;
(2) conducting government-hosted ceremonies or functions;
and
(3) appearances on Department of State social media
accounts promoting engagements with Taiwan.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall rescind any contact
guideline, internal restriction, section of the Foreign Affairs Manual
or the Foreign Affairs Handbook, or related guidance or policies that,
explicitly or implicitly, including through restrictions or limitations
on activities of United States Government personnel, limits the ability
of members of the armed forces of the Republic of China (Taiwan) and
government representatives from the Taipei Economic and Cultural
Representative Office to display, for official purposes, symbols of
Republic of China sovereignty, including--
(1) the flag of the Republic of China (Taiwan); and
(2) the corresponding emblems or insignia of military
units.
SEC. 104. SENSE OF CONGRESS ON DESIGNATION AND REFERENCES TO TAIWAN
REPRESENTATIVE OFFICE.
(a) Sense of Congress.--It is the sense of Congress that the United
States, consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the Six Assurances should--
(1) provide the people of Taiwan with de facto diplomatic
treatment equivalent to foreign countries, nations, states,
governments, or similar entities; and
(2) seek to enter into negotiations with the Taipei
Economic and Cultural Representative Office to rename the
``Taipei Economic and Cultural Representative Office'' in the
United States as the ``Taiwan Representative Office''.
(b) References.--If the negotiations referred to in subsection
(a)(2) are undertaken and result in the renaming of the Taipei Economic
and Cultural Representative Office as the Taiwan Representative Office,
any reference in a law, map, regulation, document, paper, or other
record of the United States Government to the Taipei Economic and
Cultural Representative Office shall be deemed to be a reference to the
Taiwan Representative Office, including for all official purposes of
the United States Government, all courts of the United States, and any
proceedings by such Government or in such courts.
TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 201. AMENDMENTS TO THE TAIWAN RELATIONS ACT.
(a) Declaration of Policy.--Section 2(b)(5) of the Taiwan Relations
Act (22 U.S.C. 3301(b)(5)) is amended by inserting ``and to implement a
strategy to deny and deter acts of coercion or aggression by the
People's Liberation Army'' after ``to maintain a sufficient self-
defense capability''.
(b) Provision of Defense Articles and Services.--Section 3(a) of
the Taiwan Relations Act (22 U.S.C. 3302(a)) is amended by inserting
``and to implement a strategy to deny and deter acts of coercion or
aggression by the People's Liberation Army'' after ``to maintain a
sufficient self-defense capability''.
(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:
``(e) Rule of Construction.--Nothing in this Act, nor the
President's action in extending diplomatic recognition to the People's
Republic of China, nor the absence of diplomatic relations between the
people of Taiwan and the United States, and nor the lack of formal
recognition of Taiwan by the United States, and any related
circumstances, may 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. 202. ANTICIPATORY PLANNING AND ANNUAL REVIEW OF THE UNITED STATES'
STRATEGY TO DETER THE USE OF FORCE BY THE PEOPLE'S
REPUBLIC OF CHINA TO CHANGE THE STATUS QUO OF TAIWAN.
(a) In General.--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--
(1) conduct a classified review of the United States
strategy to deter the use of force by the People's Republic of
China to change the status quo of Taiwan; and
(2) share the results of such review with the Chairman and
Ranking Member of the appropriate committees of Congress.
(b) Elements.--The review conducted pursuant to subsection (a)
shall include--
(1) an assessment of Taiwan's current and near-term
capabilities, United States force readiness, and the adequacy
of the United States' strategy to deter the use of force by the
People's Republic of China to change the status quo of Taiwan;
(2) a detailed strategy of deterrence and denial to defend
Taiwan against aggression by the People's Liberation Army,
including an effort to seize and hold the island of Taiwan;
(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; and
(5) a list of military capabilities, including capabilities
that enable a strategy of deterrence and denial, that--
(A) would suit the operational environment and
allow Taiwan to respond effectively to a variety of
contingencies across all potential phases of conflict
involving the People's Liberation Army; and
(B) would reduce the threat of conflict, deter the
use of force by the People's Republic of China, thwart
an invasion, and mitigate other risks to the United
States and Taiwan.
SEC. 203. JOINT ASSESSMENT.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Defense, shall establish and maintain a joint consultative
mechanism with Taiwan that convenes on a recurring basis--
(1) to develop a joint assessment of, and coordinate
planning with respect to, the threats Taiwan faces from the
People's Republic of China across the spectrum of possible
military action; and
(2) to identify nonmaterial and material solutions to deter
and, if necessary, defeat such threats.
(b) Integrated Priorities List.--In carrying out subsection (a),
the Secretary of Defense, in consultation with the Secretary of State,
shall develop with Taiwan--
(1) an integrated priorities list;
(2) relevant plans for acquisition and training for
relevant nonmaterial and material solutions; and
(3) other measures to appropriately prioritize the defense
needs of Taiwan to maintain effective deterrence across the
spectrum of possible military action by the People's Republic
of China.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the following 5
years, the Secretary of Defense, in consultation with the Secretary of
State, shall submit a report to the appropriate committees of Congress
that describes the joint assessment developed pursuant to subsection
(a)(1).
SEC. 204. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO DETER AND, IF
NECESSARY, DEFEAT AGGRESSION BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Taiwan defense
relationship, and to support the acceleration of the modernization of
Taiwan's defense capabilities.
(b) Annual Report on Advancing the Defense of Taiwan.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 7 years,
the Secretary of State and the Secretary of Defense shall
jointly submit a report to the appropriate congressional
committees that describes steps taken to enhance the United
States-Taiwan defense relationship and Taiwan's modernization
of its-defense capabilities.
(3) Matters to be included.--Each report required under
paragraph (2) shall include--
(A) an assessment of the commitment of Taiwan to
implement a military strategy that will deter and, if
necessary, defeat military aggression by the People's
Republic of China, including the steps that Taiwan has
taken and the steps that Taiwan has not taken towards
such implementation;
(B) an assessment of the efforts of Taiwan to
acquire and employ within its forces
counterintervention capabilities, including--
(i) long-range precision fires;
(ii) integrated air and missile defense
systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and
reconnaissance capabilities;
(xii) command and control systems; and
(xiii) any other defense capabilities that
the United States and Taiwan jointly determine
are crucial to the defense of Taiwan, in
accordance with the process developed pursuant
to section 203(a);
(C) an evaluation of the balance between
conventional and counter intervention capabilities in
the defense force of Taiwan as of the date on which the
report is submitted;
(D) an assessment of steps taken by Taiwan to
enhance the overall readiness of its defense forces,
including--
(i) the extent to which Taiwan is requiring
and providing regular and relevant training to
such forces;
(ii) the extent to which such training is
realistic to the security environment that
Taiwan faces; and
(iii) the sufficiency of the financial and
budgetary resources Taiwan is putting toward
readiness of such forces;
(E) an assessment of steps taken by Taiwan to
ensure that the Taiwan Reserve Command can recruit,
train, and equip its forces;
(F) an evaluation of--
(i) the severity of manpower shortages in
the military of Taiwan, including in the
reserve forces;
(ii) the impact of such shortages in the
event of a conflict scenario; and
(iii) the efforts made by the government in
Taiwan to address such shortages;
(G) an assessment of the efforts made by Taiwan to
boost its civilian defenses, including any
informational campaigns to raise awareness among the
population of Taiwan of the risks Taiwan faces;
(H) an assessment of the efforts made by Taiwan to
secure its critical infrastructure, including in
transportation, telecommunications networks, and
energy;
(I) an assessment of the efforts made by Taiwan to
enhance its cybersecurity, including the security of
civilian government and military networks;
(J) an assessment of any significant gaps in any of
the matters described in subparagraphs (A) through (I)
with respect to which the United States assesses that
additional action is needed;
(K) a description of cooperative efforts between
the United States and Taiwan on the matters described
in subparagraphs (A) through (J); and
(L) a description of any resistance within the
government in Taiwan and the military leadership of
Taiwan to--
(i) implementing the matters described in
subparagraphs (A) through (I); or
(ii) United States' support or engagement
with regard to such matters.
(4) Form.--The report required under paragraph (2) shall be
submitted in classified form, but shall include a detailed
unclassified summary.
(5) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share the unclassified
summary required under paragraph (4) with the government and
military of Taiwan.
(c) Authority To Provide Assistance.--The Secretary of State, in
consultation with the Secretary of Defense, shall use amounts
authorized pursuant to subsection (i) to provide assistance to the
government in Taiwan to achieve the purpose described in subsection
(d).
(d) Purpose.--In addition to the purposes otherwise authorized for
Foreign Military Financing programs under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), the purpose of the Foreign Military Financing
Program shall be to provide assistance, including equipment, training,
and other support, to enable the Government and military of Taiwan--
(1) to accelerate the modernization of defense capabilities
that will enable Taiwan to delay, degrade, and deny attempts by
People's Liberation Army forces--
(A) to conduct coercive or grey zone activities;
(B) to achieve maritime control over the Taiwan
Strait and adjoining seas;
(C) to secure a lodgment on any Taiwanese islands
and expand or otherwise use such lodgment to seize
control of a population center or other key territory
in Taiwan; and
(2) to prevent the People's Republic of China from
decapitating, seizing control of, or otherwise neutralizing or
rendering ineffective the government in Taiwan.
(e) Regional Contingency Stockpile.--Of the amounts authorized to
be appropriated pursuant to subsection (i), not more than $100,000,000
may be used during each of the fiscal years 2023 through 2032 to
maintain a stockpile (if established under section 211), in accordance
with section 514 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h), as amended by section 211.
(f) Availability of Funds.--
(1) Annual spending plan.--Not later than December 1, 2022,
and annually thereafter, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a plan
to the appropriate committees of Congress describing how
amounts authorized to be appropriated pursuant to subsection
(i) will be used to achieve the purpose described in subsection
(d).
(2) Certification.--Amounts authorized to be appropriated
for each fiscal year pursuant to subsection (i) shall be made
available for the purpose described in such subsection after
the Secretary of State certifies to the appropriate committees
of Congress that Taiwan has increased its defense spending
relative to Taiwan's defense spending in its prior fiscal year,
excepting accounts in Taiwan's defense budget related to
personnel expenditures, (other than military training and
education and any funding related to the All-Out Defense
Mobilization Agency).
(3) Remaining funds.--
(A) In general.--Subject to subparagraph (B),
amounts authorized to be appropriated for a fiscal year
pursuant to subsection (i) that are not obligated and
expended during such fiscal year shall be added to the
amount that may be used for Foreign Military Financing
to Taiwan in the subsequent fiscal year.
(B) Rescission.--Amounts appropriated pursuant to
subsection (i) that remain unobligated on September 30,
2027 shall be rescinded and deposited into the general
fund of the Treasury.
(g) Defense Articles and Services From the United States Inventory
and Other Sources.--
(1) In general.--In addition to assistance provided
pursuant to subsection (c), the Secretary of State, in
coordination with the Secretary of Defense, may make available
to the government in Taiwan, in such quantities as the
Secretary of State considers appropriate for the purpose
described in subsection (d)--
(A) weapons and other defense articles from the
United States inventory and other sources; and
(B) defense services.
(2) Replacement.--The Secretary of State may use amounts
authorized to be appropriated pursuant to subsection (i) for
the cost of replacing any item provided to the government in
Taiwan pursuant to paragraph (1)(A).
(h) Foreign Military Financing Loan and Loan Guarantee Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1)
of the Arms Export Control Act (22 U.S.C. 2763), during
fiscal years 2023 through 2027, the Secretary of State
may make direct loans available for Taiwan pursuant to
section 23 of such Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under
subparagraph (A) may not exceed $2,000,000,000.
(C) Source of funds.--
(i) Defined term.--In this subparagraph,
the term ``cost''--
(I) has the meaning given such term
in section 502(5) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(5));
(II) shall include the cost of
modifying a loan authorized under
subparagraph (A); and
(III) may include the costs of
selling, reducing, or cancelling any
amounts owed to the United States or to
any agency of the United States.
(ii) In general.--Amounts authorized to be
appropriated pursuant to subsection (i) may be
made available to pay for the cost of loans
authorized under subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the
United States may charge fees for loans made
pursuant to subparagraph (A), which shall be
collected from borrowers through a financing
account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(ii) Limitation on fee payments.--Amounts
made available under any appropriations Act for
any fiscal year may not be used to pay any fees
associated with a loan authorized under
subparagraph (A).
(E) Repayment.--Loans made pursuant to subparagraph
(A) shall be repaid not later than 12 years after the
loan is received by the borrower, including a grace
period of not more than 1 year on repayment of
principal.
(F) Interest.--
(i) In general.--Notwithstanding section
23(c)(1) of the Arms Export Control Act (22
U.S.C. 2763(c)(1), interest for loans made
pursuant to subparagraph (A) may be charged at
a rate determined by the Secretary of State,
except that such rate may not be less than the
prevailing interest rate on marketable Treasury
securities of similar maturity.
(ii) Treatment of loan amounts used to pay
interest.--Amounts made available under this
paragraph for interest costs shall not be
considered assistance for the purposes of any
statutory limitation on assistance to a
country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be
appropriated pursuant to subsection (i) may be made
available for the costs of loan guarantees for Taiwan
under section 24 of the Arms Export Control Act (22
U.S.C. 2764) for Taiwan to subsidize gross obligations
for the principal amount of commercial loans and total
loan principal, any part of which may be guaranteed,
not to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized
under subparagraph (A)--
(i) may not guarantee a loan that exceeds
$2,000,000,000; and
(ii) may not exceed 80 percent of the loan
principal with respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the
borrower; or
(ii) any other claims against the borrower
in the case of default.
(D) Repayment.--Repayment in United States dollars
of any loan guaranteed under this paragraph shall be
required not later than 12 years after the loan
agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms
Export Control Act (22 U.S.C. 2764), the Government of
the United States may charge fees for loan guarantees
authorized under subparagraph (A), which shall be
collected from borrowers, or from third parties on
behalf of such borrowers, through a financing account
(as defined in section 502(7) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(7)).
(F) Treatments of loan guarantees.--Amounts made
available under this paragraph for the costs of loan
guarantees authorized under subparagraph (A) shall not
be considered assistance for the purposes of any
statutory limitation on assistance to a country.
(3) Notification requirement.--Amounts appropriated to
carry out this subsection may not be expended without prior
notification of the appropriate committees of Congress.
(i) Authorization of Appropriations.--
(1) Authorization of appropriations.--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 Taiwan Foreign Military Finance
grant assistance--
(A) $250,000,000 for fiscal year 2023;
(B) $750,000,000 for fiscal year 2024;
(C) $1,500,000,000 for fiscal year 2025;
(D) $2,000,000,000 for fiscal year 2026; and
(E) $2,000,000,000 for fiscal year 2027.
(2) Training and education.--Of the amounts authorized to
be appropriated under paragraph (1), the Secretary of State
shall use not less than $2,000,000 per fiscal year for 1 or
more blanket order Foreign Military Financing training programs
related to the defense needs of Taiwan.
(j) Sunset Provision.--Assistance may not be provided under this
section after September 30, 2032.
SEC. 205. REQUIREMENTS REGARDING DEFINITION OF COUNTER INTERVENTION
CAPABILITIES.
(a) Statement of Policy.--It is the policy of the United States--
(1) to ensure that requests by Taiwan to purchase arms from
the United States are not prematurely rejected or dismissed
before Taiwan submits a letter of request or other formal
documentation, particularly when such requests are for
capabilities that are not included on any United States
Government priority lists of necessary capabilities for the
defense of Taiwan; and
(2) to ensure close consultation among representatives of
Taiwan, Congress, industry, and the Executive branch about
requests referred to in paragraph (1) and the needs of Taiwan
before Taiwan submits formal requests for such purchases.
(b) Reporting Requirement.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Defense shall jointly submit to the appropriate committees of
Congress--
(1) a list of categories of counter intervention
capabilities and a justification for each such category; and
(2) a description of the degree to which the United States
has a policy of openness or flexibility for the consideration
of capabilities that may not fall within the scope of counter
intervention capabilities included in the list required under
paragraph (1), due to potential changes, such as--
(A) the evolution of defense technologies;
(B) the identification of new concepts of operation
or ways to employ certain capabilities; and
(C) other factors that might change assessments by
the United States and Taiwan of what constitutes
counter intervention capabilities.
(c) Form.--The report required in this section shall be submitted
in classified form.
SEC. 206. COMPREHENSIVE TRAINING PROGRAM.
(a) In General.--The Secretary of State and the Secretary of
Defense shall establish or expand a comprehensive training program with
Taiwan designed to--
(1) achieve interoperability;
(2) familiarize the militaries of the United States and
Taiwan with each other; and
(3) improve Taiwan's defense capabilities.
(b) Elements.--The training program should prioritize relevant and
realistic training, including as necessary joint United States-Taiwan
contingency tabletop exercises, war games, full-scale military
exercises, and an enduring rotational United States military presence
that assists Taiwan in maintaining force readiness and utilizing United
States defense articles and services transferred from the United States
to Taiwan.
(c) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for the following 5
years, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate committees of Congress a
classified report that describes all training provided to the armed
forces of Taiwan in the prior fiscal year, including a description of
how such training--
(1) achieved greater interoperability;
(2) familiarized the militaries of the United States and
Taiwan with each other; and
(3) improved Taiwan's defense capabilities.
SEC. 207. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND
RESILIENCE.
(a) Assessment Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State and the Secretary of
Defense, in coordination with the Director of National Intelligence and
other cabinet Secretaries, as appropriate, shall submit a written
assessment, with a classified annex, of Taiwan's needs in the areas of
civilian defense and resilience to the appropriate committees of
Congress, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Matters To Be Included.--The assessment required under
subsection (a) shall--
(1) analyze the potential role of Taiwan's public and
civilian assets in defending against various scenarios for
foreign militaries to coerce or conduct military aggression
against Taiwan;
(2) carefully analyze Taiwan's needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including--
(A) greater utilization of Taiwan's high tech labor
force;
(B) the creation of clear structures and logistics
support for civilian defense role allocation;
(C) recruitment and skills training for Taiwan's
defense and civilian sectors;
(D) strategic stockpiling of resources related to
critical food security and medical supplies; and
(E) other defense and resilience needs and
considerations at the provincial, city, and
neighborhood levels;
(3) analyze Taiwan's needs for enhancing resiliency among
its people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance
communications at all levels to strengthen trust and
understanding between the military, other government
departments, civilian agencies and the general public,
including--
(A) communications infrastructure necessary to
ensure reliable communications in response to a
conflict or crisis; and
(B) a plan to effectively communicate to the
general public in response to a conflict or crisis; and
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at all
levels to support the needs discovered through the assessment
and fill any critical gaps where capacity falls short of such
needs.
(c) Form of Report.--Notwithstanding the classified nature of the
assessment required under subsection (a), the assessment shall be
shared with appropriate officials of the government in Taiwan to
facilitate cooperation.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
complete the assessment required under subsection (a) --
(A) $500,000 for the Department of State; and
(B) $500,000 for the Department of Defense.
(2) Transfer authority.--The Secretary of State and the
Secretary of Defense are authorized to transfer any funds
appropriated to their respective departments pursuant to
paragraph (1) to the Director of National Intelligence for the
purposes of facilitating the contributions of the intelligence
community to the assessment required under subsection (a).
SEC. 208. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should appropriately prioritize the review of excess
defense article transfers to Taiwan.
(b) Five-year Plan.--Not later than 90 days after the date of the
enactment of this Act, the President shall--
(1) develop a 5-year plan to appropriately prioritize
excess defense article transfers to Taiwan; and
(2) submit a report to the appropriate committees of
Congress that describes such plan.
(c) Required Coordination.--The United States Government shall
coordinate and align excess defense article transfers with capacity
building efforts of Taiwan.
(d) Transfer Authority.--
(1) In general.--Section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by
striking ``and to the Philippines'' and inserting ``, to the
Philippines, and to Taiwan''.
(2) Treatment of taiwan.--With respect to the transfer of
excess defense articles under section 516(c)(2) of the Foreign
Assistance Act of 1961, as amended by paragraph (1), Taiwan
shall receive the same benefits as the other countries referred
to in such section.
SEC. 209. 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.
(2) Selection of items.--
(A) In general.--The items pre-cleared for sale
pursuant to paragraph (1) shall represent a full range
of capabilities required to implement a strategy of
denial informed by United States readiness and risk
assessments and determined by Taiwan to be required for
various wartime scenarios and peacetime duties.
(B) Rule of construction.--The list compiled
pursuant to paragraph (1) 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.
(C) Rule of construction.--Nothing in this Act
shall be construed to supersede congressional
notification requirements as required by the Arms
Export Control Act (22 U.S.C. 2751 et. seq.) or any
informal tiered review process for congressional
notifications pertaining to Foreign Military Sales.
(b) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary
of Defense 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 State determines and certifies
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the threat to Taiwan has significantly abated.
(c) Priority Production.--
(1) In general.--Contractors awarded Department of Defense
contracts to provide items for sale to Taiwan under the Foreign
Military Sales program should expedite and prioritize the
production of such items above the production of other items.
(2) 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 State and the Secretary of Defense
shall jointly submit to the Committee on Foreign Relations and
the Committee on Armed Services of the Senate and the Committee
on Foreign Affairs and the Committee on Armed Services of the
House of Representatives a report describing what actions the
Department of State and the Department of Defense have taken or
are planning to take to prioritize Taiwan's Foreign Military
Sales cases, and current procedures or mechanisms for
determining that a Foreign Military Sales case for Taiwan
should be prioritized above a sale to another country of the
same or similar item.
(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 provisions of this
section.
SEC. 210. WHOLE-OF-GOVERNMENT DETERRENCE MEASURES TO RESPOND TO THE
PEOPLE'S REPUBLIC OF CHINA'S FORCE AGAINST TAIWAN.
(a) Whole-of-government Review.--Not later than 14 days after the
date of the enactment of this Act, the President shall convene the
heads of all relevant Federal departments and agencies to conduct a
whole-of-government review of all available economic, diplomatic, and
other strategic measures to deter the use of force by the People's
Republic of China to change the status quo of Taiwan.
(b) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the following 5
years, the Secretary of State, the Secretary of the Treasury, the
Secretary of Defense, the Secretary of Commerce, the Director of
National Intelligence, and any other relevant heads of Federal
departments and agencies shall provide a detailed briefing to the
appropriate committees of Congress regarding--
(1) all available economic, diplomatic, and other strategic
measures to deter the use of force by the People's Republic of
China, including coercion, grey-zone tactics, assertions, shows
of force, quarantines, embargoes, or other measures to change
the status quo of Taiwan;
(2) efforts by the United States Government to deter the
use of force by the People's Republic of China to change the
status quo of Taiwan; and
(3) progress to date of all coordination efforts between
the United States Government and its allies and partners with
respect to deterring the use of force to change the status quo
of Taiwan.
(c) Coordinated Consequences With Allies and Partners.--The
Secretary of State shall--
(1) coordinate with United States allies and partners to
identify and develop significant economic, diplomatic, and
other measures to deter the use of force by the People's
Republic of China to change the status quo of Taiwan; and
(2) announce, in advance, the severe consequences that
would take effect immediately after the People's Republic of
China engaged in any such use of force.
(d) Assignments for Defense Attaches.--The Secretary of State shall
work with the Secretary of Defense to post resident Defense attaches in
the Indo-Pacific region, particularly in locations where the People's
Republic of China has a resident military attache and the United States
does not have a comparable position.
(e) Classified Briefings.--The briefings required under this
section shall take place in a classified setting.
SEC. 211. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS
AND SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(b)(2)(A)) is amended by striking
``$200,000,000'' and all that follows and inserting ``$500,000,000 for
any of the fiscal years 2023, 2024, or 2025.''.
(b) Establishment.--Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a
regional contingency stockpile for Taiwan that consists primarily of
munitions.
(c) Inclusion of Taiwan Among Other Allies Eligible for Defense
Articles.--Chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by
inserting ``Taiwan,'' after ``Thailand,''; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by
inserting ``to Taiwan,'' after ``major non-NATO allies on such
southern and southeastern flank,''.
(d) Annual Briefing.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 7 years, the
President shall provide a briefing to the appropriate committees of
Congress regarding the status of a regional contingency stockpile
established under subsection (b).
SEC. 212. TREATMENT OF TAIWAN AS A MAJOR NON-NATO ALLY.
Notwithstanding any other provision of law, Taiwan shall be
treated as though it were designated a major non-NATO ally, as defined
in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2403(q) et seq.), for the purposes of the transfer or possible transfer
of defense articles or defense services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), section 2350a of title 10, United States
Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or
any other provision of law.
SEC. 213. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY TO PROVIDE SECURITY
ASSISTANCE TO TAIWAN.
It is the sense of Congress that the President should use the
presidential drawdown authority under sections 506(a) and 552(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a) and 2348a(c)) to
provide security assistance and other necessary commodities and
services to Taiwan in support of Taiwan's self-defense.
SEC. 214. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) International Military Education and Training (IMET) is
a critical component of United States security assistance that
promotes improved capabilities of the military forces of allied
and friendly countries and closer cooperation between the
United States Armed Forces and such military forces;
(2) it is in the national interest of the United States and
consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) to further strengthen the military forces
of Taiwan, particularly--
(A) to enhance the defensive capabilities of such
forces; and
(B) to improve interoperability of such forces with
the United States Armed Forces; and
(3) the government in Taiwan--
(A) should be authorized to participate in the
International Military Education and Training program;
and
(B) should encourage eligible officers and civilian
leaders of Taiwan to participate in such training
program and promote successful graduates to positions
of prominence in the military forces of Taiwan.
(b) Authorization of Participation of Taiwan in the International
Military Education and Training Program.--Taiwan is authorized to
participate in the International Military Education and Training
program for the following purposes:
(1) To train future leaders of Taiwan.
(2) To establish a rapport between the United States Armed
Forces and the military forces of Taiwan to build partnerships
for the future.
(3) To enhance interoperability and capabilities for joint
operations between the United States and Taiwan.
(4) To promote professional military education, civilian
control of the military, and protection of human rights in
Taiwan.
(5) To foster a better understanding of the United States
among individuals in Taiwan.
SEC. 215. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND UNITED
STATES ALLIES IN THE INDO-PACIFIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) prioritizing the defense needs of United States allies
and partners in the Indo-Pacific is a national security
priority; and
(2) sustained support to key Indo-Pacific partners for
interoperable defense systems is critical to preserve--
(A) the safety and security of American persons;
(B) the free flow of commerce through international
trade routes;
(C) the United States commitment to collective
security agreements, territorial integrity, and
recognized maritime boundaries;
(D) United States values regarding democracy and
commitment to maintaining a free and open Indo-Pacific;
and
(E) Taiwan's defense capability.
(b) Report Required.--Not later than March 1, 2023, and annually
thereafter for a period of five years, the Secretary of State, with the
concurrence of the Secretary of Defense, shall transmit to the
appropriate committees of Congress a report with respect to the
transfer of all defense articles or defense services that have yet to
be completed pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22
U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)).
(c) Elements.--The report required under subsection (b) shall
include the following elements:
(1) A list of all approved transfers of defense articles
and services authorized by Congress pursuant to sections 25 and
36 of the Arms Export Control Act (22 U.S.C. 2765, 2776) with a
total value of $25,000,000 or more, to Taiwan, Japan, South
Korea, Australia, or New Zealand, that have not been fully
delivered by the start of the fiscal year in which the report
is being submitted.
(2) The estimated start and end dates of delivery for each
approved and incomplete transfer listed pursuant to paragraph
(1), including additional details and dates for any transfers
that involve multiple tranches of deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense
articles or services relative to the dates anticipated
at the time of congressional approval of the transfer,
including specific reasons for any delays related to
the United States Government, defense suppliers, or a
foreign partner;
(B) the feasibility and advisability of providing
the partner subject to such delayed delivery with an
interim capability or solution, including drawing from
United States stocks, and the mechanisms under
consideration for doing so as well as any challenges to
implementing such a capability or solution;
(C) authorities, appropriations, or waiver requests
that Congress could provide to improve delivery
timelines or authorize the provision of interim
capabilities or solutions identified pursuant to
subparagraph (B); and
(D) a description of which countries are ahead of
Taiwan for delivery of each item listed pursuant to
paragraph (1).
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding
defense articles and services once delivered, including advance
training with United States or armed forces of partner
countries on the systems to be received. The description of any
such training shall also include an identification of the
training implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report
for any reason--
(A) the case information for such transfer,
including the date of congressional notification,
delivery date of the Letter of Offer and Acceptance
(LOA), final signature of the LOA, and information
pertaining to delays in delivering LOAs for signature;
(B) a description of the reasons for which the
transfer is no longer in effect; and
(C) the impact this termination will have on the
intended end-user and the consequent implications for
regional security, including the impact on deterrence
of military action by countries hostile to the United
States, the military balance in the Taiwan Strait, and
other factors.
(6) A separate description of the actions the United States
is taking to expedite deliveries of defense articles and
services to Taiwan, including in particular, whether the United
States intends to divert defense articles from United States
stocks to provide an interim capability or solution with
respect to any delayed deliveries to Taiwan and the plan, if
applicable, to replenish any such diverted stocks.
(7) A description of other potential actions already
undertaken by or currently under consideration by the
Department of State and the Department of Defense to improve
delivery timelines for the transfers listed pursuant to
paragraph (1).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(e) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may include a classified annex.
TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND
INFLUENCE CAMPAIGNS
SEC. 301. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION OPERATIONS
TARGETING TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for the following 5
years, the Secretary of State shall develop and implement a strategy to
respond to--
(1) covert, coercive, and corrupting activities carried out
to advance the Chinese Communist Party's ``United Front'' work,
including activities directed, coordinated, or otherwise
supported by the United Front Work Department or its
subordinate or affiliated entities; and
(2) information and disinformation campaigns, cyber
attacks, and nontraditional propaganda measures supported by
the Government of the People's Republic of China and the
Chinese Communist Party that are directed toward persons or
entities in Taiwan.
(b) Elements.--The strategy required under subsection (a) shall
include descriptions of--
(1) the proposed response to propaganda and disinformation
campaigns by the People's Republic of China and cyber-
intrusions targeting Taiwan, including--
(A) assistance in building the capacity of the
government in Taiwan and private-sector entities to
document and expose propaganda and disinformation
supported by the Government of the People's Republic of
China, the Chinese Communist Party, or affiliated
entities;
(B) assistance to enhance the government in
Taiwan's ability to develop a whole-of-government
strategy to respond to sharp power operations,
including election interference; and
(C) media training for Taiwan officials and other
Taiwan entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence exerted
by the Government of the People's Republic of China and the
Chinese Communist Party in Taiwan on local political parties,
financial institutions, media organizations, and other
entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to
sharp power operations;
(4) the establishment of a coordinated partnership, through
the American Institute in Taiwan's Global Cooperation and
Training Framework, with like-minded governments to share data
and best practices with the government in Taiwan regarding ways
to address sharp power operations supported by the Government
of the People's Republic of China and the Chinese Communist
Party; and
(5) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese
Communist Party's propaganda.
SEC. 302. STRATEGY TO COUNTER ECONOMIC COERCION BY THE PEOPLE'S
REPUBLIC OF CHINA TARGETING COUNTRIES AND ENTITIES THAT
SUPPORT TAIWAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter for the following
5 years, the Secretary of State shall submit to the appropriate
committees of Congress a description of the strategy being used by the
Department of State to respond to the Government of the People's
Republic of China's increased economic coercion against countries which
have strengthened their ties with, or support for, Taiwan.
(b) Assistance for Countries and Entities Targeted by the People's
Republic of China for Economic Coercion.--The Department of State, the
United States Agency for International Development, the United States
International Development Finance Corporation, the Department of
Commerce and the Department of the Treasury shall provide appropriate
assistance to countries and entities that are subject to coercive
economic practices by the People's Republic of China.
SEC. 303. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Qualified research entity.--The term ``qualified
research entity'' means an entity that--
(A) is a nonpartisan research organization or a
Federally funded research and development center;
(B) has appropriate expertise and analytical
capability to write the report required under
subsection (c); and
(C) is free from any financial, commercial, or
other entanglements, which could undermine the
independence of such report or create a conflict of
interest or the appearance of a conflict of interest,
with--
(i) the Government of the People's Republic
of China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the
People's Republic of China or a subsidiary of
such company; or
(iv) any company or entity incorporated
outside of the People's Republic of China that
is believed to have a substantial financial or
commercial interest in the People's Republic of
China.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) In general.--The President shall establish an
interagency task force, which shall be known as the ``China
Censorship Monitor and Action Group'' (referred to in this
subsection as the ``Task Force'').
(2) Membership.--The President shall take the following
actions with respect to the membership of, and participation
in, the Task Force:
(A) Appoint the chair of the Task Force from among
the staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from
among the staff of the National Economic Council.
(C) Direct the head of each of the following
executive branch agencies to appoint personnel to
participate in the Task Force:
(i) The Department of State.
(ii) The Department of Commerce.
(iii) The Department of the Treasury.
(iv) The Department of Justice.
(v) The Office of the United States Trade
Representative.
(vi) The Office of the Director of National
Intelligence, and other appropriate elements of
the intelligence community (as defined in
section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(vii) The Federal Communications
Commission.
(viii) The United States Agency for Global
Media.
(ix) Other agencies designated by the
President.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an
integrated Federal Government strategy to monitor and
address the impacts of efforts directed, or directly
supported, by the Government of the People's Republic
of China to censor or intimidate, in the United States
or in any of its possessions or territories, any United
States person, including United States companies that
conduct business in the People's Republic of China,
which are exercising their right to freedom of speech;
and
(B) submit the strategy developed pursuant to
subparagraph (A) to the appropriate congressional
committees not later than 120 days after the date of
the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less
frequently than twice per year.
(5) Consultations.--The Task Force should regularly
consult, to the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on
the Task Force;
(B) independent agencies of the United States
Government that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and
the media; and
(D) relevant stakeholders among United States
allies and partners facing similar challenges related
to censorship or intimidation by the Government of the
People's Republic of China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an
annual report to the appropriate congressional
committees that describes, with respect to the
reporting period--
(i) the strategic objectives and policies
pursued by the Task Force to address the
challenges of censorship and intimidation of
United States persons while in the United
States or any of its possessions or
territories, which is directed or directly
supported by the Government of the People's
Republic of China;
(ii) the activities conducted by the Task
Force in support of the strategic objectives
and policies referred to in clause (i); and
(iii) the results of the activities
referred to in clause (ii) and the impact of
such activities on the national interests of
the United States.
(B) Form of report.--Each report submitted pursuant
to subparagraph (A) shall be unclassified, but may
include a classified annex.
(C) Congressional briefings.--Not later than 90
days after the date of the enactment of this Act, and
annually thereafter, the Task Force shall provide
briefings to the appropriate congressional committees
regarding the activities of the Task Force to execute
the strategy developed pursuant to paragraph (3)(A).
(c) Report on Censorship and Intimidation of United States Persons
by the Government of the People's Republic of China.--
(1) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall select and seek to enter into an agreement
with a qualified research entity that is independent of
the Department of State to write a report on censorship
and intimidation in the United States and its
possessions and territories of United States persons,
including United States companies that conduct business
in the People's Republic of China, which is directed or
directly supported by the Government of the People's
Republic of China.
(B) Matters to be included.--The report required
under subparagraph (A) shall--
(i) assess major trends, patterns, and
methods of the Government of the People's
Republic of China's efforts to direct or
directly support censorship and intimidation of
United States persons, including United States
companies that conduct business in the People's
Republic of China, which are exercising their
right to freedom of speech;
(ii) assess, including through the use of
illustrative examples, as appropriate, the
impact on and consequences for United States
persons, including United States companies that
conduct business in the People's Republic of
China, that criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's
Republic of China;
(III) the authoritarian model of
government of the People's Republic of
China; or
(IV) a particular policy advanced
by the Chinese Communist Party or the
Government of the People's Republic of
China;
(iii) identify the implications for the
United States of the matters described in
clauses (i) and (ii);
(iv) assess the methods and evaluate the
efficacy of the efforts by the Government of
the People's Republic of China to limit freedom
of expression in the private sector, including
media, social media, film, education, travel,
financial services, sports and entertainment,
technology, telecommunication, and internet
infrastructure interests;
(v) include policy recommendations for the
United States Government, including
recommendations regarding collaboration with
United States allies and partners, to address
censorship and intimidation by the Government
of the People's Republic of China; and
(vi) include policy recommendations for
United States persons, including United States
companies that conduct business in China, to
address censorship and intimidation by the
Government of the People's Republic of China.
(C) Applicability to united states allies and
partners.--To the extent practicable, the report
required under subparagraph (A) should identify
implications and policy recommendations that are
relevant to United States allies and partners facing
censorship and intimidation directed or directly
supported by the Government of the People's Republic of
China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
State shall submit the report written by the qualified
research entity selected pursuant to paragraph (1)(A)
to the appropriate congressional committees.
(B) Publication.--The report referred to in
subparagraph (A) shall be made accessible to the public
online through relevant United States Government
websites.
TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 401. PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.
(a) Statement of Policy.--It is the policy of the United States to
promote Taiwan's inclusion and meaningful participation in
international organizations.
(b) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials shall actively support Taiwan's
meaningful participation in all appropriate international
organizations.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that--
(1) describes the People's Republic of China's efforts at
the United Nations and other international bodies to block
Taiwan's meaningful participation and inclusion; and
(2) recommends appropriate responses that should be taken
by the United States to carry out the policy described in
subsection (a).
SEC. 402. PARTICIPATION OF TAIWAN IN THE INTER-AMERICAN DEVELOPMENT
BANK.
It is the sense of Congress that--
(1) the United States fully supports Taiwan's participation
in, and contribution to, international organizations and
underscores the importance of the relationship between Taiwan
and the United States;
(2) diversifying the donor base of the Inter-American
Development Bank (referred to in this title as the ``IDB'') and
increasing allied engagement in the Western Hemisphere
reinforces United States national interests;
(3) Taiwan's significant contribution to the development
and economies of Latin America and the Caribbean demonstrate
that Taiwan's membership in the IDB as a non-borrowing member
would benefit the IDB and the entire Latin American and
Caribbean region; and
(4) non-borrowing membership in the IDB would allow Taiwan
to substantially leverage and channel the immense resources
Taiwan already provides to Latin America and the Caribbean to
reach a larger number of beneficiaries.
SEC. 403. PLAN FOR TAIWAN'S PARTICIPATION IN THE INTER-AMERICAN
DEVELOPMENT BANK.
The Secretary of State, in coordination with the Secretary of the
Treasury, is authorized--
(1) to initiate a United States plan to endorse non-
borrowing IDB membership for Taiwan; and
(2) to instruct the United States Governor of the IDB to
work with the IDB Board of Governors to admit Taiwan as a non-
borrowing member of the IDB.
SEC. 404. REPORT CONCERNING MEMBER STATE STATUS FOR TAIWAN AT THE
INTER-AMERICAN DEVELOPMENT BANK.
Not later than 90 days after the date of the enactment of this Act,
and not later than April 1 of each year thereafter for the following 5
years, the Secretary of State, in coordination with the Secretary of
the Treasury, shall submit an unclassified report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that--
(1) describes the United States plan to endorse and obtain
non-borrowing membership status for Taiwan at the IDB;
(2) includes an account of the efforts made by the
Secretary of State and the Secretary of the Treasury to
encourage IDB member states to promote Taiwan's bid to obtain
non-borrowing membership at the IDB; and
(3) identifies the steps that the Secretary of State and
the Secretary of the Treasury will take to endorse and obtain
non-borrowing membership status for Taiwan at the IDB in the
following year.
SEC. 405. CLARIFICATION REGARDING UNITED NATIONS GENERAL ASSEMBLY
RESOLUTION 2758 (XXVI).
Section 2(a) of the Taiwan Allies International Protection and
Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is
amended by adding at the end the following:
``(10) United Nations General Assembly Resolution 2758
(1971)--
``(A) established the representatives of the
Government of the People's Republic of China as the
only lawful representatives of China to the United
Nations;
``(B) did not address the issue of representation
and meaningful participation of Taiwan and its people
in the United Nations or in any related organizations;
and
``(C) did not take a position on the relationship
between the People's Republic of China and Taiwan or
include any statement pertaining to Taiwan's
sovereignty.
``(11) The United States opposes any initiative that seeks
to change Taiwan's status without the consent of the people of
Taiwan.''.
SEC. 406. MEANINGFUL PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO)
should allow Taiwan to meaningfully participate in the
organization, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities,
and mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and resources
and the fifth busiest airport in Asia (Taoyuan International
Airport), and its meaningful participation in ICAO would
significantly enhance the ability of ICAO to ensure the safety
and security of global aviation; and
(3) coercion by the Chinese Communist Party and the
People's Republic of China has ensured the systematic exclusion
of Taiwan from meaningful participation in ICAO, significantly
undermining the ability of ICAO to ensure the safety and
security of global aviation.
(b) Plan for Taiwan's Meaningful Participation in the International
Civil Aviation Organization.--The Secretary of State, in coordination
with the Secretary of Commerce, is authorized--
(1) to initiate a United States plan to secure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
(2) to instruct the United States representative to the
ICAO to--
(A) use the voice and vote of the United States to
ensure Taiwan's meaningful participation in ICAO,
including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings,
activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO
triennial assembly session on the question of Taiwan's
participation in that session.
(c) Report Concerning Taiwan's Meaningful Participation in the
International Civil Aviation Organization.--Not later than 90 days
after the date of the enactment of this Act, and not later than April 1
of each year thereafter for the following 6 years, the Secretary of
State, in coordination with the Secretary of Commerce, shall submit an
unclassified report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives
that--
(1) describes the United States plan to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms;
(2) includes an account of the efforts made by the
Secretary of State and the Secretary of Commerce to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms.
TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) Taiwan has been an important trading partner of the
United States for many years, accounting for $114,000,000,000
in two-way trade in 2021.
(2) Taiwan has demonstrated the capacity to hold a strong
economic partnership with the United States. Along with a
robust trading profile of goods and services, Taiwan supports
an estimated 208,000 American jobs and its cumulative
investment in the United States is at least $13,700,000,000,
numbers that will only increase with a comprehensive bilateral
trade agreement.
(3) In addition to supplementing United States goods and
services, Taiwan is a reliable partner in many United States'
industries, which is not only critical for diversifying United
States supply chains, but is also essential to reducing the
United States' reliance on other countries, such as China, who
seek to leverage supply chain inefficiencies in their path to
regional and global dominance. Such diversification of United
States supply chains is critical to our national security.
(4) The challenges to establishing an agreement with
Taiwan, such as reaching an agreement on agricultural
standards, must not prevent the completion of a bilateral trade
agreement. Taiwan has already taken steps to further the
progress towards such an agreement by announcing its intent to
lift restrictions on United States pork and beef products,
which will greatly increase the accessibility of American
farmers and ranchers to Taiwan markets. In light of this
important development, the United States should immediately
move forward with substantial negotiations for a comprehensive
bilateral trade agreement with Taiwan.
(5) A free and open Indo-Pacific is a goal that needs to be
actively pursued to counter China's use of unfair trading
practices and other policies to advance its economic dominance
in the Indo-Pacific region. An agreement with Taiwan would--
(A) help the United States accomplish this goal by
building a network of like-minded governments dedicated
to fair competition and open markets that are free from
government manipulation; and
(B) encourage other nations to deepen economic ties
with Taiwan.
(6) Since November 2020, Taiwan and the United States have
engaged in the U.S.-Taiwan Economic Prosperity Partnership
Dialogue, covering a broad range of economic issues including--
(A) 5G networks and telecommunications security;
(B) supply chains resiliency;
(C) infrastructure cooperation;
(D) renewable energy;
(E) global health; and
(F) science and technology.
(7) A trade agreement between the United States and Taiwan
would promote security and economic growth for the United
States, Taiwan, and the entire Indo-Pacific region.
(8) Excluding Taiwan from the Indo-Pacific Economic
Framework would--
(A) create significant distortions in the regional
and global economic architecture; and
(B) run counter to the United States' economic
interests.
(9) Taiwan is the United States' largest trading partner
with whom we do not have an income tax treaty or agreement.
Taiwan has such agreements with 34 countries, including
countries that have trade agreements with the United States and
do not maintain diplomatic relations with Taiwan.
(10) The American Chamber of Commerce in Taipei, in its
``2022 Taiwan White Paper'', called for the United States and
Taiwan to continue exploring an income tax agreement to boost
bilateral trade and investment by reducing double taxation and
increasing economic efficiency and integration.
SEC. 502. SENSE OF CONGRESS ON A FREE TRADE AGREEMENT AND BILATERAL TAX
AGREEMENT WITH TAIWAN, THE INDO-PACIFIC ECONOMIC
FRAMEWORK, AND CBP PRECLEARANCE.
It is the Sense of Congress that--
(1) the United States Trade Representative should resume
meetings under the United States and Taiwan Trade and
Investment Framework Agreement with the goal of reaching a
bilateral free trade agreement with Taiwan;
(2) the United States Trade Representative should undertake
efforts to assess whether the Agreement Concerning Digital
Trade, signed at Washington October 7, 2019, and entered into
force January 1, 2020, between the United States and Japan,
provides a model for a similar agreement between the United
States and Taiwan to strengthen economic ties with Taiwan in
key sectors;
(3) the United States Trade Representative and the
Secretary of Commerce should undertake efforts to assure
Taiwan's engagement and participation in the Indo-Pacific
Economic Framework;
(4) the United States should utilize and expand
Preclearance programs to meet the needs of the United States
travel and tourism industry, including by prioritizing the
establishment of Preclearance facilities with Indo-Pacific
allies and partners, including Taiwan; and
(5) the United States should--
(A) begin negotiations on an income tax agreement
between the American Institute in Taiwan and the Taipei
Economic and Cultural Representative Office in the
United States; and
(B) work on a congressional-executive agreement to
establish such an income tax agreement.
SEC. 503. SENSE OF CONGRESS ON UNITED STATES-TAIWAN DEVELOPMENT
COOPERATION.
It is the sense of Congress that--
(1) the United States and Taiwan share common development
goals in a wide range of sectors, including public health,
agriculture, food security, democracy and governance, and
education;
(2) enhanced cooperation between the United States and
Taiwan would better advance these goals; and
(3) the United States Agency for International Development
should explore opportunities to partner with Taiwan on projects
in developing countries related to inclusive economic growth,
resilience, global health, education, infrastructure,
humanitarian assistance, disaster relief, and other areas.
TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS
WITH TAIWAN
SEC. 601. SHORT TITLE.
This title may be cited as the ``Taiwan Fellowship Act''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) affirmed United States policy ``to preserve and
promote extensive, close, and friendly commercial, cultural,
and other relations between the people of the United States and
the people on Taiwan, as well as the people on the China
mainland and all other peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of
2018 (Public Law 115-409), the United States has grown its
strategic partnership with Taiwan's vibrant democracy of
23,000,000 people.
(3) Despite a concerted campaign by the People's Republic
of China to isolate Taiwan from its diplomatic partners and
from international organizations, including the World Health
Organization, Taiwan has emerged as a global leader in the
coronavirus global pandemic response, including by donating
more than 2,000,000 surgical masks and other medical equipment
to the United States.
(4) The creation of a United States fellowship program with
Taiwan would support--
(A) a key priority of expanding people-to-people
exchanges, which was outlined in President Donald J.
Trump's 2017 National Security Strategy;
(B) President Joseph R. Biden's commitment to
Taiwan, ``a leading democracy and a critical economic
and security partner'', as expressed in his March 2021
Interim National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of
State based on a review required under the Taiwan
Assurance Act of 2020 (subtitle B of title III of
division FF of Public Law 116-260) to ``encourage U.S.
government engagement with Taiwan that reflects our
deepening unofficial relationship''.
SEC. 603. PURPOSES.
The purposes of this title are--
(1) to further strengthen the United States-Taiwan
strategic partnership and broaden understanding of the Indo-
Pacific region by temporarily assigning officials of any
agencies of the United States Government to Taiwan for
intensive study in Mandarin and placement as Fellows with the
government in Taiwan or a Taiwanese civic institution;
(2) to provide for eligible United States personnel--
(A) to learn or strengthen Mandarin Chinese
language skills; and
(B) to expand their understanding of the political
economy of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in
the Indo-Pacific region.
SEC. 604. DEFINITIONS.
In this title:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government or a
legislative branch agency described in paragraph (2), the head
of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional Budget
Office, and the Congressional Research Service of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee''--
(A) means an employee of an agency of the United
States Government on loan to the American Institute in
Taiwan, without a change of position from the agency at
which he or she is employed; and
(B) a legislative branch employee from the
Government Accountability Office, Congressional Budget
Office, or the Congressional Research Service.
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
501(c)(3) of the Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other
functions, as determined by the Department of State and
the American Institute of Taiwan in support of the
Taiwan Fellowship Program; and
(B) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
(6) Program.--The term ``Program'' means the Taiwan
Fellowship Program established pursuant to section 605.
SEC. 605. TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the
Taiwan Fellowship Program (referred to in this section as the
``Program'') to provide a fellowship opportunity in Taiwan of up to 2
years for eligible United States citizens. The Department of State, in
consultation with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should
use amounts appropriated pursuant to section 608(a) to enter
into an annual or multi-year cooperative agreement with an
appropriate implementing partner.
(2) Fellowships.--The Department of State or the American
Institute in Taiwan, in consultation with, as appropriate, the
implementing partner, should award to eligible United States
citizens, subject to available funding--
(A) approximately 5 fellowships during the first 2
years of the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan Agreement; Implementing
Partner.--Not later than 30 days after the date of the enactment of
this Act, the American Institute in Taiwan, in consultation with the
Department of State, should--
(1) begin negotiations with the Taipei Economic and
Cultural Representative Office, or with another appropriate
entity, for the purpose of entering into an agreement to
facilitate the placement of fellows in an agency of the
government in Taiwan; and
(2) begin the process of selecting an implementing partner,
which--
(A) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate
significant experience managing exchange programs in
the Indo-Pacific region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship
under this section, each fellow should study--
(A) the Mandarin Chinese language;
(B) the people, history, and political climate on
Taiwan; and
(C) the issues affecting the relationship between
the United States and the Indo-Pacific region.
(2) Second year.--During the second year of each fellowship
under this section, each fellow, subject to the approval of the
Department of State, the American Institute in Taiwan, and the
implementing partner, and in accordance with the purposes of
this title, should work in--
(A) a parliamentary office, ministry, or other
agency of the government in Taiwan; or
(B) an organization outside of the government in
Taiwan, whose interests are associated with the
interests of the fellow and the agency of the United
States Government from which the fellow is or had been
employed.
(e) Flexible Fellowship Duration.--Notwithstanding any requirement
under this section, the Secretary of State, in consultation with the
American Institute in Taiwan and, as appropriate, the implementing
partner, may award fellowships that have a duration of less than two
years, and may alter the curriculum requirements under subsection (d)
for such purposes.
(f) Sunset.--The fellowship program under this title shall
terminate 7 years after the date of the enactment of this Act.
(g) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if he or she--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance
review in his or her current United States Government
role within at least the last three years prior to
beginning the fellowship;
(C) has at least 2 years of experience in any
branch of the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United
States and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to
further service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Taiwan, consistent
with United States Government policy toward Taiwan, as
determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its
implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United
States Government; and
(C) to continue Federal Government employment for a
period of not less than 4 years after the conclusion of
the fellowship or for not less than 2 years for a
fellowship that is 1 year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing
partner, with the concurrence of the Department of
State and the American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship
candidates who reflect the diversity of the
United States;
(ii) select fellows for the Taiwan
Fellowship Program based solely on merit, with
appropriate supervision from the Department of
State and the American Institute in Taiwan; and
(iii) prioritize the selection of
candidates willing to serve in a fellowship
lasting 1 year or longer.
(B) First year.--The implementing partner should
provide each fellow in the first year (or shorter
duration, as jointly determined by the Department of
State and the American Institute in Taiwan for those
who are not serving a 2-year fellowship) with--
(i) intensive Mandarin Chinese language
training; and
(ii) courses in the politics, culture, and
history of Taiwan, China, and the broader Indo-
Pacific.
(C) Waiver of first-year training.--The Department
of State, in coordination with the American Institute
in Taiwan and, as appropriate, the implementing
partner, may waive any of the training required under
paragraph (2) to the extent that a fellow has Mandarin
language skills, knowledge of the topic described in
subparagraph (B)(ii), or for other related reasons
approved by the Department of State and the American
Institute in Taiwan. If any of the training
requirements are waived for a fellow serving a 2-year
fellowship, the training portion of his or her
fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the
American Institute in Taiwan, may maintain an office
and at least 1 full-time staff member in Taiwan--
(i) to liaise with the American Institute
in Taiwan and the government in Taiwan; and
(ii) to serve as the primary in-country
point of contact for the recipients of
fellowships under this Act and their
dependents.
(E) Other functions.--The implementing partner may
perform other functions in association with support of
the Taiwan Fellowship Program, including logistical and
administrative functions, as prescribed by the
Department of State and the American Institute in
Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply
with the requirements under this section shall
reimburse the American Institute in Taiwan, or the
appropriate United States Government agency for--
(i) the Federal funds expended for the
fellow's participation in the fellowship, as
set forth in paragraphs (2) and (3); and
(ii) interest accrued on such funds
(calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who violates
paragraph (1) or (2) of subsection (b) shall reimburse
the American Institute in Taiwan, or the appropriate
United States Government agency, in an amount equal to
the sum of--
(i) all of the Federal funds expended for
the fellow's participation in the fellowship;
and
(ii) interest on the amount specified in
subparagraph (A), which shall be calculated at
the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who
violates subsection (b)(3) shall reimburse the American
Institute in Taiwan, or the appropriate United States
Government agency, in an amount equal to the difference
between--
(i) the amount specified in paragraph (2);
and
(ii) the product of--
(I) the amount the fellow received
in compensation during the final year
of the fellowship, including the value
of any allowances and benefits received
by the fellow; multiplied by
(II) the percentage of the period
specified in subsection (b)(3) during
which the fellow did not remain
employed by the Federal Government.
SEC. 606. REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the selection of
the first class of fellows under this title, and annually thereafter
for 7 years, the Department of State shall offer to brief the
appropriate committees of Congress regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this Act.
(2) The names and sponsoring agencies of the fellows
selected by the implementing partner and the extent to which
such fellows represent the diversity of the United States.
(3) The names of the parliamentary offices, ministries,
other agencies of the government in Taiwan, and nongovernmental
institutions to which each fellow was assigned during the
second year of the fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellowship Program, including
added flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellowship Program's value
upon the relationship between the United States and Taiwan or
the United States and Asian countries.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing
partner shall be audited annually in accordance with generally
accepted government auditing standards by independent certified
public accountants or independent licensed public accountants
who are certified or licensed by a regulatory authority of a
State or another political subdivision of the United States.
(2) Location.--Each audit under paragraph (1) shall be
conducted at the place or places where the financial records of
the implementing partner are normally kept.
(3) Access to documents.--The implementing partner shall
make available to the accountants conducting an audit under
paragraph (1)--
(A) all books, financial records, files, other
papers, things, and property belonging to, or in use
by, the implementing partner that are necessary to
facilitate the audit; and
(B) full facilities for verifying transactions with
the balances or securities held by depositories, fiscal
agents, and custodians.
(4) Report.--
(A) In general.--Not later than 9 months after the
end of each fiscal year, the implementing partner shall
provide a report of the audit conducted for such fiscal
year under paragraph (1) to the Department of State and
the American Institute in Taiwan.
(B) Contents.--Each audit report shall--
(i) set forth the scope of the audit;
(ii) include such statements, along with
the auditor's opinion of those statements, as
may be necessary to present fairly the
implementing partner's assets and liabilities,
surplus or deficit, with reasonable detail;
(iii) include a statement of the
implementing partner's income and expenses
during the year; and
(iv) include a schedule of--
(I) all contracts and cooperative
agreements requiring payments greater
than $5,000; and
(II) any payments of compensation,
salaries, or fees at a rate greater
than $5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 607. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
(a) In General.--
(1) Detail authorized.--With the approval of the Secretary
of State, an agency head may detail, for a period of not more
than 2 years, an employee of the agency of the United States
Government who has been awarded a fellowship under this title,
to the American Institute in Taiwan for the purpose of
assignment to the government in Taiwan or an organization
described in section 605(d)(2)(B).
(2) Agreement.--Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree--
(A) to continue in the service of the sponsoring
agency at the end of fellowship for a period of at
least 4 years (or at least 2 years if the fellowship
duration is 1 year or shorter) unless the detailee is
involuntarily separated from the service of such
agency; and
(B) to pay to the American Institute in Taiwan, or
the United States Government agency, as appropriate,
any additional expenses incurred by the Federal
Government in connection with the fellowship if the
detailee voluntarily separates from service with the
sponsoring agency before the end of the period for
which the detailee has agreed to continue in the
service of such agency.
(3) Exception.--The payment agreed to under paragraph
(2)(B) may not be required from a detailee who leaves the
service of the sponsoring agency to enter into the service of
another agency of the United States Government unless the head
of the sponsoring agency notifies the detailee before the
effective date of entry into the service of the other agency
that payment will be required under this subsection.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with
section 5536 of title 5, United States Code; and
(3) may be assigned to a position with an entity described
in section 605(d)(2)(A) if acceptance of such position does not
involve--
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other
benefits from any foreign government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--The Federal agency from which a detailee
is detailed should provide the fellow allowances and benefits
that are consistent with Department of State Standardized
Regulations or other applicable rules and regulations,
including--
(A) a living quarters allowance to cover the cost
of housing in Taiwan;
(B) a cost of living allowance to cover any
possible higher costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for
up to 7 days if the fellow is unable to find housing
immediately upon arriving in Taiwan;
(D) an education allowance to assist parents in
providing the fellow's minor children with educational
services ordinarily provided without charge by public
schools in the United States;
(E) moving expenses to transport personal
belongings of the fellow and his or her family in their
move to Taiwan, which is comparable to the allowance
given for American Institute in Taiwan employees
assigned to Taiwan; and
(F) an economy-class airline ticket to and from
Taiwan for each fellow and the fellow's immediate
family.
(2) Modification of benefits.--The American Institute in
Taiwan and its implementing partner, with the approval of the
Department of State, may modify the benefits set forth in
paragraph (1) if such modification is warranted by fiscal
circumstances.
(d) No Financial Liability.--The American Institute in Taiwan, the
implementing partner, and any government in Taiwan or nongovernmental
entities in Taiwan at which a fellow is detailed during the second year
of the fellowship may not be held responsible for the pay, allowances,
or any other benefit normally provided to the detailee.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1)
without reimbursement to the United States by the American Institute in
Taiwan.
(f) Allowances and Benefits.--Detailees may be paid by the American
Institute in Taiwan for the allowances and benefits listed in
subsection (c).
SEC. 608. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 shall be used to launch the Taiwan
Fellowship Program through a competitive cooperative
agreement with an appropriate implementing partner;
(B) $2,300,000 shall be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 shall be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 shall be used for a cooperative
agreement to the appropriate implementing partner; and
(B) $100,000 shall be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to
implement the Taiwan Fellowship Program may accept, use, and dispose of
gifts or donations of services or property in carrying out such
program, subject to the review and approval of the American Institute
in Taiwan.
SEC. 609. STUDY AND REPORT.
Not later than one year prior to the sunset of the fellowship
program under section 605(f), the Comptroller General of the United
States shall conduct a study and submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House a report that includes--
(1) an analysis of the United States Government
participants in this program, including the number of
applicants and the number of fellowships undertaken, the place
of employment, and an assessment of the costs and benefits for
participants and for the United States Government of such
fellowships;
(2) an analysis of the financial impact of the fellowship
on United States Government offices which have provided fellows
to participate in the program; and
(3) recommendations, if any, on how to improve the
fellowship program.
SEC. 610. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS
WITH TAIWAN.
(a) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State should consider establishing an
independent nonprofit entity that--
(1) is dedicated to deepening ties between the future
leaders of Taiwan and the future leaders of the United States;
and
(2) works with State and local school districts and
educational institutions to send high school and university
students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.
(b) Partner.--State and local school districts and educational
institutions, including public universities, are encouraged to partner
with the Taipei Economic and Cultural Representative Office in the
United States to establish programs to promote more educational and
cultural exchanges.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL BILATERAL
AND MULTILATERAL FORUMS AND EXERCISES.
(a) Statement of Policy.--It is the policy of the United States to
invite Taiwanese counterparts to participate in high-level bilateral
and multilateral summits, military exercises, and economic dialogues
and forums.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should invite Taiwan to
regional dialogues on issues of mutual concern;
(2) the United States Government and Taiwanese counterparts
should resume meetings under the United States-Taiwan Trade and
Investment Framework Agreement and reach a bilateral free trade
agreement that provides high levels of labor rights and
environmental protections;
(3) the United States Government should invite Taiwan to
participate in bilateral and multilateral military training
exercises;
(4) the United States Government and Taiwanese counterparts
should engage in a regular and routine strategic bilateral
dialogue on arms sales in accordance with Foreign Military
Sales mechanisms; and
(5) the United States Government should support export
licenses for direct commercial sales supporting Taiwan's
indigenous defensive capabilities.
SEC. 702. REPORT ON TAIWAN TRAVEL ACT.
(a) List of High-level Visits.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, in accordance with the
Taiwan Travel Act (Public Law 115-135), shall submit to the appropriate
congressional committees--
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan; and
(2) a list of high-level officials of Taiwan who have
entered the United States.
(b) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for a period of 5 years,
the Secretary of State shall submit a report on the implementation of
the Taiwan Travel Act, including a discussion of its positive effects
on United States interests in the region, to the appropriate
congressional committees.
SEC. 703. PROHIBITIONS AGAINST UNDERMINING UNITED STATES POLICY
REGARDING TAIWAN.
(a) Finding.--Congress finds that the efforts by the Government of
the People's Republic of China and the Chinese Communist Party to
compel private United States businesses, corporations, and
nongovernmental entities to use language mandated by the People's
Republic of China (referred to in this section as the ``PRC'') to
describe the relationship between Taiwan and the PRC are an
illegitimate attempt to enforce political censorship globally.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government, in coordination with United States businesses and
nongovernmental entities, should formulate a code of conduct for, and
otherwise coordinate on, interacting with the Government of the PRC and
the Chinese Communist Party and their affiliated entities, the aim of
which is--
(1) to counter PRC operations that threaten free speech,
academic freedom, and the normal operations of United States
businesses and nongovernmental entities; and
(2) to counter PRC efforts to censor the way the world
refers to issues deemed sensitive to the PRC Government and
Chinese Communist Party leaders, including issues related to
Taiwan, Tibet, the Tiananmen Square Massacre, and the mass
internment of Uyghurs and other Turkic Muslims, among many
other issues.
(c) Prohibition Against Recognizing the People's Republic of
China's Claims to Sovereignty Over Taiwan.--
(1) Sense of congress.--It is the sense of Congress that--
(A) issues related to the sovereignty of Taiwan are
for the people of Taiwan to decide through the
democratic process they have established;
(B) the dispute between the PRC and Taiwan must be
resolved peacefully and with the assent of the people
of Taiwan;
(C) the 2 key obstacles to peaceful resolution
are--
(i) the authoritarian nature of the PRC
political system under one-party rule of the
Chinese Communist Party, which is fundamentally
incompatible with Taiwan's democracy; and
(ii) the PRC's pursuit of coercion and
aggression towards Taiwan, in potential
violation of the third United States-PRC Joint
Communique, which was completed on August 17,
1982;
(D) any attempt to coerce or force the people of
Taiwan to accept a political arrangement that would
subject them to direct or indirect rule by the PRC,
including a ``one country, two systems'' framework,
would constitute a grave challenge to United States
security interests in the region.
(2) Statement of policy.--It is the policy of the United
States to oppose any attempt by the PRC authorities to
unilaterally impose a timetable or deadline for unification on
Taiwan.
(3) Prohibition on recognition of prc claims without the
assent of people of taiwan.--No department or agency of the
United States Government may formally or informally recognize
PRC claims to sovereignty over Taiwan without the assent of the
people of Taiwan, as expressed directly through the democratic
process.
(d) Strategy to Protect United States Businesses and
Nongovernmental Entities From Coercion.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, the Secretary of
the Treasury, and the heads of other relevant Federal agencies,
shall submit an unclassified report, with a classified annex,
if necessary, on how to protect United States businesses and
nongovernmental entities from PRC operations, including
coercion and threats that lead to censorship or self-
censorship, or which compel compliance with political or
foreign policy positions of the Government of the People's
Republic of China and the Chinese Communist Party.
(2) Elements.--The strategy shall include--
(A) information regarding efforts by the PRC
Government to censor the websites of United States
airlines, hotels, and other businesses regarding the
relationship between Taiwan and the PRC;
(B) information regarding efforts by the PRC
Government to target United States nongovernmental
entities through operations intended to weaken support
for Taiwan;
(C) information regarding United States Government
efforts to counter the threats posed by Chinese state-
sponsored propaganda and disinformation, including
information on best practices, current successes, and
existing barriers to responding to such threat; and
(D) details of any actions undertaken to create the
code of conduct described in subsection (b), including
a timetable for the implementation of such code of
conduct.
SEC. 704. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL PROTECTION AND
ENHANCEMENT INITIATIVE (TAIPEI) ACT OF 2019.
The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in section 2(5), by striking ``and Kiribati'' and
inserting ``Kiribati, and Nicaragua,'';
(2) in section 4--
(A) in the matter preceding paragraph (1), by
striking ``should be'' and inserting ``is'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) to support Taiwan's diplomatic relations with other
governments and countries.''; and
(3) in section 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered
their diplomatic status vis-a-vis Taiwan and make
recommendations to mitigate further deterioration in Taiwan's
diplomatic relations with other governments and countries.'';
(B) in subsection (b), by striking ``1 year after
the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of State shall
report'' and inserting ``90 days after the date of the
enactment of the Taiwan Policy Act of 2022, and
annually thereafter for a period of 7 years, the
Secretary of State shall submit an unclassified report,
with a classified annex,'';
(C) by redesignating subsection (c) as subsection
(d); and
(D) by inserting after subsection (b) the
following:
``(c) Briefings.--Not later than 90 days after the date of the
enactment of the Taiwan Policy Act of 2022, and annually thereafter for
a period of 7 years, the Department of State shall provide briefings to
the appropriate congressional committees on the steps taken in
accordance with section (a). The briefings required under this
subsection shall take place in an unclassified setting, but may be
accompanied by an additional classified briefing.''.
SEC. 705. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S NUCLEAR THREAT
IN ESCALATION DYNAMICS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to Congress a report assessing the role of the increasing
nuclear threat of the People's Republic of China in escalation dynamics
with respect to Taiwan.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 706. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR AGAINST UKRAINE
ON THE OBJECTIVES OF THE PEOPLE'S REPUBLIC OF CHINA WITH
RESPECT TO TAIWAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit a report to the appropriate congressional committees that
analyzes the impact of Russia's war against Ukraine on the PRC's
diplomatic, military, economic, and propaganda objectives with respect
to Taiwan.
(b) Elements.--The report required under subsection (a) shall
describe--
(1) adaptations or known changes to PRC strategies and
military doctrine since the commencement of the Russian
invasion of Ukraine on February 24, 2022, including changes--
(A) to PRC behavior in international forums;
(B) within the People's Liberation Army, with
respect to the size of forces, the makeup of
leadership, weapons procurement, equipment upkeep, the
doctrine on the use of specific weapons, such as
weapons banned under the international law of armed
conflict, efforts to move weapons supply chains onto
mainland PRC, or any other changes in its military
strategy with respect to Taiwan;
(C) in economic planning, such as sanctions
evasion, efforts to minimize exposure to sanctions, or
moves in support of the protection of currency or other
strategic reserves;
(D) to propaganda, disinformation, and other
information operations originating in the PRC; and
(E) to the PRC's strategy for the use of force
against Taiwan, including any information on preferred
scenarios or operations to secure its objectives in
Taiwan, adjustments based on how the Russian military
has performed in Ukraine, and other relevant matters;
(2) United States' plans to adapt its policies and military
planning in response to the changes referred to in paragraph
(1).
(c) Form.--The report required under subsection (a) shall be
submitted in classified form.
(d) Coordination With Allies and Partners.--The Secretary of State
shall share information contained in the report required under
subsection (a), as appropriate, with appropriate officials of allied
and partner nations, including Taiwan and allies in Europe and in the
Indo-Pacific.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Committee on Foreign Affairs of the House of
Representatives;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(10) the Committee on Financial Services of the House of
Representatives.
SEC. 707. STABILITY ACROSS THE TAIWAN STRAIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States engagement with Taiwan should include
actions, activities, and programs that mutually benefit the
United States and Taiwan such as--
(A) people-to-people exchanges;
(B) bilateral and multilateral economic
cooperation; and
(C) assisting Taiwan's efforts to participate in
international institutions;
(2) the United States should pursue new engagement
initiatives with Taiwan, such as--
(A) enhancing cooperation on science and
technology;
(B) joint infrastructure development in third
countries;
(C) renewable energy and environmental
sustainability development; and
(D) investment screening coordination;
(3) the United States should expand its financial support
for the Global Cooperation and Training Framework, and
encourage like-minded countries to co-sponsor workshops, to
showcase Taiwan's capacity to contribute to solving global
challenges in the face of the Government of the PRC's campaign
to isolate Taiwan in the international community;
(4) to advance the goals of the April 2021 Department of
State guidance expanding unofficial United States-Taiwan
contacts, the United States, Taiwan, and Japan should aim to
host Global Cooperation and Training Framework workshops timed
to coincide with plenaries and other meetings of international
organizations;
(5) the United States should support efforts to engage
regional counterparts in Track 1.5 and Track 2 dialogues on the
stability across the Taiwan Strait, which are important for
increasing strategic awareness amongst all parties and the
avoidance of conflict;
(6) bilateral confidence-building measures and crisis
stability dialogues between the United States and the PRC are
important mechanisms for maintaining deterrence and stability
across the Taiwan Strait and should be prioritized; and
(7) the United States and the PRC should prioritize the use
of a fully operational military crisis hotline to provide a
mechanism for the leadership of the two countries to
communicate directly in order to quickly resolve
misunderstandings that could lead to military escalation.
(b) Authorization of Appropriations for the Global Cooperation and
Training Framework.--There are authorized to be appropriated for the
Global Cooperation and Training Framework under the Economic Support
Fund authorized under section 531 of the Foreign Assistance Act of 1961
(22 U.S.C. 2346), $6,000,000 for each of the fiscal years 2022 through
2025, which may be expended for trainings and activities that increase
Taiwan's economic and international integration.
(c) Supporting Confidence Building Measures and Stability
Dialogues.--
(1) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit an unclassified report, with a classified
annex, to the appropriate congressional committees that
includes--
(A) a description of all military-to-military
dialogues and confidence-building measures between the
United States and the PRC during the 10-year period
ending on the date of the enactment of this Act;
(B) a description of all bilateral and multilateral
diplomatic engagements with the PRC in which cross-
Strait issues were discussed during such 10-year
period, including Track 1.5 and Track 2 dialogues;
(C) a description of the efforts in the year
preceding the submission of the report to conduct
engagements described in subparagraphs (A) and (B); and
(D) a description of how and why the engagements
described in subparagraphs (A) and (B) have changed in
frequency or substance during such 10-year period.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State, and, as
appropriate, the Department of Defense, no less than $2,000,000
for each of the fiscal years 2022 through 2025, which shall be
used to support existing Track 1.5 and Track 2 strategic
dialogues facilitated by independent nonprofit organizations in
which participants meet to discuss cross-Strait stability
issues.
TITLE VIII--DETERRENCE MEASURES FOR CROSS-STRAIT STABILITY AND TO
IMPOSE COSTS ON THE PEOPLE'S REPUBLIC OF CHINA FOR UNILATERALLY
CHANGING OR ATTEMPTING TO CHANGE THE STATUS QUO OF TAIWAN
SEC. 801. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given such terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(3) CCP.--The term ``CCP'' means the Chinese Communist
Party.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
regulations prescribed by the Secretary of the Treasury.
(6) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) People's liberation army; pla.--The terms ``People's
Liberation Army'' and ``PLA'' mean the armed forces of the
People's Republic of China.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 802. DETERMINATIONS WITH RESPECT TO ACTIVITIES OF THE PEOPLE'S
REPUBLIC OF CHINA AGAINST TAIWAN.
(a) In General.--The President shall determine, in accordance with
subsection (b), whether--
(1) the Government of the People's Republic of China, the
Chinese Communist Party, or any proxy, or person or entity
under the control of or acting at the direction thereof, is
knowingly engaged in a significant escalation in aggression,
including overt or covert military activity, in or against
Taiwan, compared to the level of aggression in or against
Taiwan on or after the date of the enactment of this Act; and
(2) if such engagement exists, whether such escalation
demonstrates an attempt to achieve or has the significant
effect of achieving the physical or political control of
Taiwan, including by--
(A) overthrowing or dismantling the governing
institutions in Taiwan;
(B) occupying any territory controlled or
administered by Taiwan as of the date of the enactment
of this Act;
(C) violating the territorial integrity of Taiwan;
or
(D) taking significant action against Taiwan,
including--
(i) creating a naval blockade of Taiwan;
(ii) seizing the outer lying islands of
Taiwan; or
(iii) initiating a significant cyber attack
that threatens the civilian or military
infrastructure of Taiwan.
(b) Timing of Determinations.--The President shall make the
determination described in subsection (a)--
(1) not later than 15 days after the date of the enactment
of this Act;
(2) after the first determination under paragraph (1), not
less frequently than once every 90 days (or more frequently, if
warranted) during the 1-year period beginning on such date of
enactment; and
(3) after the end of such 1-year period, not less
frequently than once every 120 days.
(c) Report Required.--Upon making a determination described in
subsection (a), the President shall submit a report describing the
factors influencing such determination to the appropriate committees of
Congress.
(d) Congressional Requests.--Not later than 30 days after receiving
a request from the chairman and ranking member of the Committee on
Foreign Relations of the Senate or the Committee on Foreign Affairs of
the House of Representatives with respect to whether the People's
Republic of China or the Chinese Communist Party, including through any
proxies of the People's Republic of China or the Chinese Communist
Party, has engaged in an act described in subsection (a), the President
shall--
(1) determine if the People's Republic of China or the
Chinese Communist Party has engaged in such an act; and
(2) submit a report to the appropriate committees of
Congress that contains a detailed explanation of such
determination.
SEC. 803. IMPOSITION OF SANCTIONS ON OFFICIALS OF THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA RELATING TO OPERATIONS IN
TAIWAN.
(a) Defined Term.--In this section, the term ``top decision-making
bodies'' may include--
(1) the CCP Politburo Standing Committee;
(2) the CCP Party Central Military Commission;
(3) the CCP Politburo;
(4) the CCP Central Committee;
(5) the CCP National Congress;
(6) the State Council of the People's Republic of China;
and
(7) the State Central Military Commission of the CCP.
(b) In General.--Not later than 60 days after making an affirmative
determination under section 802(a), the President shall impose the
sanctions described in section 807 with respect to at least 100
officials of the Government of the People's Republic of China specified
in subsection (c), to the extent such officials can be identified.
(c) Officials Specified.--The officials specified in this
subsection shall include--
(1) senior civilian and military officials of the People's
Republic of China and military officials who have command or
clear and direct decision-making power over military campaigns,
military operations, and military planning against Taiwan
conducted by the People's Liberation Army;
(2) senior civilian and military officials of the People's
Republic of China who have command or clear and direct
decision-making power in the Chinese Coast Guard and the
Chinese People's Armed Police and are engaged in planning or
implementing activities that involve the use of force against
Taiwan;
(3) senior or special advisors to the President of the
People's Republic of China;
(4) officials of the Government of the People's Republic of
China who are members of the top decision-making bodies of that
Government;
(5) the highest-ranking Chinese Communist Party members of
the decision-making bodies referred to in paragraph (4); and
(6) officials of the Government of the People's Republic of
China in the intelligence agencies or security services who--
(A) have clear and direct decisionmaking power; and
(B) have engaged in or implemented activities
that--
(i) materially undermine the military
readiness of Taiwan;
(ii) overthrow or decapitate the Taiwan's
government;
(iii) debilitate Taiwan's electric grid,
critical infrastructure, or cybersecurity
systems through offensive electronic or cyber
attacks;
(iv) undermine Taiwan's democratic
processes through campaigns to spread
disinformation; or
(v) involve committing serious human rights
abuses against citizens of Taiwan, including
forceful transfers, enforced disappearances,
unjust detainment, or torture.
(d) Additional Officials.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 802(a) and every 90
days thereafter, the President shall submit a list to the
appropriate committees of Congress that identifies any
additional foreign persons who--
(A) the President determines are officials
specified in subsection (c); and
(B) who were not included on any previous list of
such officials.
(2) Imposition of sanctions.--Upon the submission of the
list required under paragraph (1), the President shall impose
the sanctions described in section 807 with respect to each
foreign person included on the list.
SEC. 804. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Joint-equity bank.--The term ``joint-equity bank''
means a bank under the jurisdiction of the People's Republic of
China in which--
(A) the bank's equity is owned jointly by the
shareholders; and
(B) the Government of the People's Republic of
China holds an interest.
(2) National joint-stock commercial bank.--The term
``national joint-stock commercial bank'' means a bank under the
jurisdiction of the People's Republic of China in which--
(A) the bank's stock is owned jointly by the
shareholders; and
(B) the Government of the People's Republic of
China holds an interest.
(3) National state-owned policy bank.--The term ``national
state-owned policy bank'' means a bank that--
(A) is incorporated in the People's Republic of
China; and
(B) was established by the Government of the
People's Republic of China to advance investments in
specific policy domains that advance the interests and
goals of the People's Republic of China.
(b) In General.--
(1) In general.--Not later than 30 days after making an
affirmative determination under section 802(a), the President
shall impose the sanctions described in section 807(a) with
respect to--
(A) at least 5 state-owned banks in the People's
Republic of China, including at least 3 of the largest
state-owned banks.
(B) at least 3 national joint-stock commercial
banks in the People's Republic of China;
(C) at least 3 national state-owned policy banks in
the People's Republic of China;
(D) at least 3 joint-equity banks or other
commercial banks in the People's Republic of China; and
(E) entities that regulate the banking sector of
the People's Republic of China, or major financial
asset management companies regulated by the Government
of the People's Republic of China.
(2) Subsidiaries and successor entities.--The President may
impose the sanctions described in section 807 with respect to
any subsidiary of, or successor entity to, a financial
institution specified in paragraph (1).
(c) Additional People's Republic of China Financial Institutions.--
(1) List required.--Not later than 30 days after making an
affirmative determination under section 802(a), and every 90
days thereafter, the President shall submit a list to the
appropriate committees of Congress that identifies any foreign
persons that the President determines--
(A) are significant financial institutions owned or
operated by the Government of the People's Republic of
China; and
(B) should be sanctioned in the interest of United
States national security.
(2) Imposition of sanctions.--Upon the submission of each
list required under paragraph (1), the President shall impose
the sanctions described in section 807 with respect to each
foreign person identified on such list.
SEC. 805. REPORTING REQUIREMENT.
(a) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Financial Services of the House of
Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
(b) In General.--Not later than 120 days after the date of the
enactment of this Act, and every 90 days thereafter for a period of 3
years, the President shall submit to the appropriate congressional
committees a report that includes information, if any, regarding the
officials specified in section 803(b) and the entities specified in
section 804(b) that could be relevant to making a determination under
section 802(a).
(c) Form.--Each report required under subsection (b) shall be
submitted in classified form.
SEC. 806. ADDITIONAL SANCTIONS.
(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this Act, the President shall impose the
sanctions described in section 807 on any foreign person that the
President determines, while acting for or on behalf of the Government
of the People's Republic of China, knowingly--
(1) ordered or engaged directly in activities interfering
significantly in a democratic process in Taiwan; or
(2) with the objective of destabilizing Taiwan, engaged
directly in, or ordered--
(A) malicious, offensive cyber-enabled activities
targeting--
(i) the Government or armed forces of
Taiwan; or
(ii) the critical infrastructure, including
military, industrial, or financial
infrastructure of Taiwan;
(B) significant economic practices intended to
coerce or intimidate--
(i) the government in Taiwan; or
(ii) businesses, academic, or civil society
institutions located in Taiwan; or
(C) military activities that are designed to
intimidate the armed forces of Taiwan or that seek to
normalize a coercive military posture and sustained
presence by the People's Liberation Army in the Taiwan
Strait.
(b) Waiver.--The President may waive the application of sanctions
under subsection (a) if the President submits to the appropriate
committees of Congress a written determination that such waiver is in
the national interests of the United States.
SEC. 807. SANCTIONS DESCRIBED.
(a) Property Blocking.--Except as provided in section 809, the
President shall exercise all of the powers granted by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all property and
interests in property of the foreign person if such property and
interests in property are in the United States, come within the United
States, or are or come within the possession or control of a United
States person.
(b) Aliens Inadmissible for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--In the case of an alien,
the alien is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of an alien described in paragraph (1)
shall be revoked, regardless of when such visa or other
entry documentation was issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
SEC. 808. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this title.
(b) Rulemaking.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--Any person that violates, attempts to violate,
conspires to violate, or causes a violation of this title, or any
regulation, license, or order issued to carry out this title, shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 809. EXCEPTIONS; WAIVER.
(a) Exceptions.--
(1) Exception for intelligence activities.--This title
shall not apply with respect to--
(A) activities subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.); or
(B) authorized intelligence activities of the
United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this title
shall not apply with respect to an alien if admitting or
paroling such alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) Defined term.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(B) In general.--Notwithstanding any other
provision of this title, the authority or a requirement
to impose sanctions under this title shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(b) National Security Waiver.--The President may waive the
imposition of sanctions based on a determination under section 802(a)
with respect to a person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits a notification of the waiver and the reasons
for the waiver to the appropriate committees of Congress.
SEC. 810. TERMINATION.
The President may terminate the sanctions imposed under this title
based on a determination under section 802(a), after determining and
certifying to the appropriate committees of Congress that the
Government of the People's Republic of China--
(1) has verifiably ceased the activities described in
section 802(a) with respect to operations against Taiwan; and
(2) to the extent applicable, has entered into an agreed
settlement with a legitimate democratic government in Taiwan.
TITLE IX--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``United States-Taiwan Public Health
Protection Act''.
SEC. 902. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--For the purposes
of this title, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Center.--The term ``Center'' means the Infectious
Disease Monitoring Center described in section 903.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 903. STUDY.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary, in consultation with the Secretary of
Health and Human Services and the heads of other relevant Federal
departments and agencies, shall submit to the relevant congressional
committees a study that includes the following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health,
including disease surveillance, information sharing, and
telehealth.
(2) A description how the United States and Taiwan can
promote further cooperation, including the feasibility of
establishing an Infectious Disease Monitoring Center within the
American Institute of Taiwan in Taipei, Taiwan that, in
partnership with the Taiwan Centers for Disease Control,
conducts health monitoring of infectious diseases in the region
by--
(A) regularly monitoring, analyzing, and
disseminating open-source material from countries in
the region, including viral strains, bacterial
subtypes, and other pathogens;
(B) engaging in people-to-people contacts with
medical specialists and public health officials in the
region;
(C) providing expertise and information on
infectious diseases to the United States Government and
the Taiwanese government; and
(D) carrying out other appropriate activities, as
determined by the Director of the Center.
(b) Elements.--The study required by subsection (a) shall include--
(1) a plan on how to establish and operate such a Center,
including--
(A) the personnel, material, and funding
requirements necessary to establish and operate the
Center; and
(B) the proposed structure and composition of
Center personnel, which may include--
(i) infectious disease experts from among
the National Institutes of Health, the Centers
for Disease Control and Prevention, and the
Food and Drug Administration, who are
recommended to serve as detailees to the
Center; and
(ii) additional qualified persons to serve
as detailees to or employees of the Center,
including--
(I) from any other relevant Federal
department or agencies, to include the
Department of State and the United
States Agency for International
Development;
(II) qualified foreign service
nationals or locally engaged staff who
are considered citizens of Taiwan; and
(III) employees of the Taiwan
Centers for Disease Control;
(2) an evaluation, based on the factors in paragraph (1),
of whether to establish the Center, and a timeline for doing
so; and
(3) a description of any consultations or agreements
between the American Institute in Taiwan and the Taipei
Economic and Cultural Representative Office in the United
States regarding the establishment and operation of the Center,
including--
(A) the role that employees of the Taiwan Centers
for Disease Control would play in supporting or
coordinating with the Center; and
(B) whether any employees of the Taiwan Centers for
Disease Control would be detailed to, or co-located
with, the Center.
(c) Consultation.--The Secretary of State shall consulate with the
appropriate congressional committees before full completion of the
study.
(d) Submission.--The Secretary of State, in coordination with the
Secretary of Health and Human Services, shall submit the study to the
appropriate congressional committees not later than one year after the
enactment of this Act.
SEC. 904. INFECTIOUS DISEASE MONITORING CENTER.
(a) Establishment.--The Secretary, in consultation with the
Secretary of Health and Human Services and the heads of other relevant
Federal departments and agencies, is authorized to establish an
Infectious Disease Monitoring Center under the auspices of the American
Institute in Taiwan in Taipei, Taiwan, when the conditions outlined in
subsection (b) have been met.
(b) Conditions.--The conditions for establishment of an Infectious
Disease Monitoring Center within under the auspices of the American
Institute in Taiwan in Taipei, Taiwan, are--
(1) that the study required in section 903 has been
submitted to the appropriate congressional committees; and
(2) not later than 30 days after the submission of the
study, the Secretary of State and the Secretary of Health and
Human Services have briefed the appropriate congressional
committees;
(c) Partnership.--Should the Secretary determine to establish the
Center, the American Institute in Taiwan should seek to partner with
the Taiwan Centers for Disease Control to conduct health monitoring of
infectious diseases in the region by--
(1) regularly monitoring, analyzing, and disseminating
open-source material from countries in the region, including
viral strains, bacterial subtypes, and other pathogens;
(2) engaging in people-to-people contacts with medical
specialists and public health officials in the region;
(3) providing expertise and information on infectious
diseases to the Government of the United States and the
Taiwanese government; and
(4) carrying out other appropriate activities, as
determined by the Director of the Center.
(d) Updates.--The Secretary, in consultation with the Secretary of
Health and Human Services, shall provide an annual update the
appropriate congressional committees on the functioning and costs of
the Center, if established, as well as an assessment of how the Center
is serving United States interests.
TITLE X--SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``South China Sea and East China Sea
Sanctions Act of 2022''.
SEC. 1002. SANCTIONS WITH RESPECT TO CHINESE PERSONS RESPONSIBLE FOR
CHINA'S ACTIVITIES IN THE SOUTH CHINA SEA AND THE EAST
CHINA SEA.
(a) Initial Imposition of Sanctions.--On and after the date that is
120 days after the date of the enactment of this Act, the President may
impose the sanctions described in subsection (b) with respect to any
Chinese person, including any senior official of the Government of the
People's Republic of China, that the President determines--
(1) is responsible for or significantly contributes to
large-scale reclamation, construction, militarization, or
ongoing supply of outposts in disputed areas of the South China
Sea;
(2) is responsible for or significantly contributes to, or
has engaged in, directly or indirectly, actions, including the
use of coercion, to inhibit another country from protecting its
sovereign rights to access offshore resources in the South
China Sea, including in such country's exclusive economic zone,
consistent with such country's rights and obligations under
international law;
(3) is responsible for or complicit in, or has engaged in,
directly or indirectly, actions that significantly threaten the
peace, security, or stability of disputed areas of the South
China Sea or areas of the East China Sea administered by Japan
or the Republic of Korea, including through the use of vessels
and aircraft by the People's Republic of China to occupy or
conduct extensive research or drilling activity in those areas;
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, or in support of, any person subject to sanctions
pursuant to paragraph (1), (2), or (3); or
(5) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, any person subject to
sanctions pursuant to paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions that may be imposed with
respect to a person described in subsection (a) are the following:
(1) Blocking of property.--The President may, in accordance
with the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in all
property and interests in property of the person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subparagraph (A) may be subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(3) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the person.
(4) Export sanction.--The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to the person under--
(A) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(B) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(5) Inclusion on entity list.--The President may include
the entity on the entity list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations, for activities contrary to the
national security or foreign policy interests of the United
States.
(6) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing equity or debt
instruments of the person.
(7) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the person.
(8) Correspondent and payable-through accounts.--In the
case of a foreign financial institution, the President may
prohibit the opening, and prohibit or impose strict conditions
on the maintaining, in the United States of a correspondent
account or a payable-through account by the foreign financial
institution.
(c) Exceptions.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b)(1).
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(3) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall not
apply if admission of an alien to the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success, June 26, 1947, and entered into force,
November 21, 1947, between the United Nations and the United
States.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b)(1) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
(e) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(3) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of
the People's Republic of China; or
(B) an entity organized under the laws of the
People's Republic of China or otherwise subject to the
jurisdiction of the Government of the People's Republic
of China.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2)
of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(6) Person.--The term ``person'' means any individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 1003. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE SOUTH CHINA
SEA OR THE EAST CHINA SEA AS PART OF CHINA.
It is the sense of Congress that the Government Publishing Office
should not publish any map, document, record, electronic resource, or
other paper of the United States (other than materials relating to
hearings held by committees of Congress or internal work product of a
Federal agency) portraying or otherwise indicating that it is the
position of the United States that the territory or airspace in the
South China Sea that is disputed among two or more parties or the
territory or airspace of areas administered by Japan or the Republic of
Korea, including in the East China Sea, is part of the territory or
airspace of the People's Republic of China.
SEC. 1004. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF ARBITRATION'S
TRIBUNAL RULING ON ARBITRATION CASE BETWEEN PHILIPPINES
AND PEOPLE'S REPUBLIC OF CHINA.
(a) Finding.--Congress finds that on July 12, 2016, a tribunal of
the Permanent Court of Arbitration found in the arbitration case
between the Philippines and the People's Republic of China under the
United Nations Convention on the Law of the Sea that the People's
Republic of China's claims, including those to offshore resources and
``historic rights'', were unlawful, and that the tribunal's ruling is
final and legally binding on both parties.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the international community
should reject the unlawful claims of the People's Republic of
China within the exclusive economic zone or on the continental
shelf of the Philippines, as well as the maritime claims of the
People's Republic of China beyond a 12-nautical-mile
territorial sea from the islands it claims in the South China
Sea;
(2) the provocative behavior of the People's Republic of
China, including coercing other countries with claims in the
South China Sea and preventing those countries from accessing
offshore resources, undermines peace and stability in the South
China Sea;
(3) the international community should--
(A) support and adhere to the ruling described in
subsection (a) in compliance with international law;
and
(B) take all necessary steps to support the rules-
based international order in the South China Sea; and
(4) all claimants in the South China Sea should--
(A) refrain from engaging in destabilizing
activities, including illegal occupation or efforts to
unlawfully assert control over disputed claims;
(B) ensure that disputes are managed without
intimidation, coercion, or force;
(C) clarify or adjust claims in accordance with
international law; and
(D) uphold the principle that territorial and
maritime claims, including over territorial waters or
territorial seas, must be derived from land features
and otherwise comport with international law.
SEC. 1005. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE SOVEREIGNTY OVER
THE SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter until the date that is 3
years after such date of enactment, the Secretary of State shall submit
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report identifying
each country that the Secretary determines has taken an official and
stated position to recognize, after such date of enactment, the
sovereignty of the People's Republic of China over territory or
airspace disputed by one or more countries in the South China Sea or
the territory or airspace of areas of the East China Sea administered
by Japan or the Republic of Korea.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex if the
Secretary of State determines it is necessary for the national security
interests of the United States to do so.
(c) Public Availability.--The Secretary of State shall publish the
unclassified part of the report required by subsection (a) on a
publicly available website of the Department of State.
TITLE XI--RULES OF CONSTRUCTION
SEC. 1101. RULE OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to restore diplomatic relations with the Republic of
China; or
(2) to alter the United States Government's position with
respect to the international status of the Republic of China.
SEC. 1102. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY FORCE.
Nothing in this Act may be construed as authorizing the use of
military force or the introduction of United States forces into
hostilities.
Calendar No. 488
117th CONGRESS
2d Session
S. 4428
_______________________________________________________________________
A BILL
To support the security of Taiwan and its right of self-determination,
and for other purposes.
_______________________________________________________________________
September 15, 2022
Reported with an amendment