[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1074 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 98
118th CONGRESS
  1st Session
                                S. 1074

  To require a strategy for countering the People's Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

 Mr. Rubio (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                             June 13, 2023

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To require a strategy for countering the People's Republic of China.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Taiwan Protection and 
National Resilience Act of 2023''.</DELETED>

<DELETED>SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF 
              CHINA.</DELETED>

<DELETED>    (a) Identification of Vulnerabilities and Leverage.--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, the 
Secretary of Commerce, the Secretary of the Treasury, the Director of 
the Office of Federal Procurement Policy, and the Director of the 
Office of Science and Technology Policy, shall submit to the 
appropriate committees of Congress a report that identifies--</DELETED>
        <DELETED>    (1) goods and services from the United States that 
        are relied on by the People's Republic of China such that that 
        reliance presents a strategic opportunity and source of 
        leverage against the People's Republic of China; and</DELETED>
        <DELETED>    (2) procurement practices of the United States 
        Armed Forces and other Federal agencies that are reliant on 
        trade with the People's Republic of China and other inputs from 
        the People's Republic of China, such that that reliance 
        presents a strategic vulnerability and source of leverage that 
        the Chinese Communist Party could exploit.</DELETED>
<DELETED>    (b) Strategy To Respond to Coercive Action.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        submission of the report required by subsection (a), the 
        Secretary of the Treasury, in consultation with the Secretary 
        of the Defense, the Secretary of Commerce, the Secretary of 
        State, the Director of the Office of Federal Procurement 
        Policy, and the Director of the Office of Science and 
        Technology Policy, shall submit to the appropriate committees 
        of Congress a report, utilizing the findings of the report 
        required by subsection (a), that describes a comprehensive 
        sanctions strategy to advise policymakers on policies the 
        United States and allies and partners of the United States 
        could adopt with respect to the People's Republic of China in 
        response to any coercive action, including an invasion, by the 
        People's Republic of China that infringes upon the territorial 
        sovereignty of Taiwan by preventing access to international 
        waterways, airspace, or telecommunications networks.</DELETED>
        <DELETED>    (2) Elements.--The strategy required by paragraph 
        (1) shall include policies that--</DELETED>
                <DELETED>    (A) restrict the access of the People's 
                Liberation Army to oil, natural gas, munitions, and 
                other supplies needed to conduct military operations 
                against Taiwan, United States facilities in the Pacific 
                and Indian Oceans, and allies and partners of the 
                United States in the region;</DELETED>
                <DELETED>    (B) diminish the capacity of the 
                industrial base of the People's Republic of China to 
                manufacture and deliver defense articles to replace 
                those lost in operations of the People's Liberation 
                Army against Taiwan, the United States, and allies and 
                partners of the United States;</DELETED>
                <DELETED>    (C) inhibit the ability of the People's 
                Republic of China to evade United States and 
                multilateral sanctions through third parties, including 
                through secondary sanctions; and</DELETED>
                <DELETED>    (D) identify specific sanctions-related 
                tools that may be effective in responding to coercive 
                action described in paragraph (1) and assess the 
                feasibility of the use and impact of the use of those 
                tools.</DELETED>
<DELETED>    (c) Recommendations for Reduction of Vulnerabilities and 
Leverage.--Not later than 180 days after the submission of the report 
required by subsection (a), the Secretary of Commerce, in consultation 
the Secretary of Defense, the Secretary of State, the Director of 
National Intelligence, the United States Trade Representative, the 
Director of the Office of Federal Procurement Policy, and the Director 
of the Office of Science and Technology Policy, shall submit to the 
appropriate committees of Congress a report that--</DELETED>
        <DELETED>    (1) identifies critical sectors within the United 
        States economy that rely on trade with the People's Republic of 
        China and other inputs from the People's Republic of China 
        (including active pharmaceutical ingredients, rare earth 
        minerals, and metallurgical inputs), such that those sectors 
        present a strategic vulnerability and source of leverage that 
        the Chinese Communist Party could exploit; and</DELETED>
        <DELETED>    (2) makes recommendations to Congress on steps 
        that can be taken to reduce the sources of leverage described 
        in paragraph (1) and subsection (a)(1), including through--
        </DELETED>
                <DELETED>    (A) provision of economic incentives and 
                making other trade and contracting reforms to support 
                United States industry and job growth in critical 
                sectors and to indigenize production of critical 
                resources; and</DELETED>
                <DELETED>    (B) policies to facilitate ``near- or 
                friend-shoring'', or otherwise developing strategies to 
                facilitate that process with allies and partners of the 
                United States, in other sectors for which domestic 
                reshoring would prove infeasible for any 
                reason.</DELETED>
<DELETED>    (d) Form.--The reports required by subsections (a), (b), 
and (c) shall be submitted in unclassified form but may include a 
classified annex.</DELETED>
<DELETED>    (e) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means--
</DELETED>
        <DELETED>    (1) the Committee on Foreign Relations, the 
        Committee on Armed Services, the Select Committee on 
        Intelligence, the Committee on Finance, the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on 
        Commerce, Science, and Transportation of the Senate; 
        and</DELETED>
        <DELETED>    (2) the Committee on Foreign Affairs, the 
        Committee on Armed Services, the Committee on Financial 
        Services, the Committee on Energy and Commerce, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taiwan Protection and National 
Resilience Act of 2023''.

SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Identification of Vulnerabilities and Leverage.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
State and the Secretary of Defense shall jointly, in consultation with 
the Secretary of Commerce, the Secretary of the Treasury, the Director 
of the Office of Federal Procurement Policy, and the Director of the 
Office of Science and Technology Policy, submit to the appropriate 
committees of Congress a report that identifies--
            (1) goods and services from the United States that are 
        relied on by the People's Republic of China such that that 
        reliance presents a strategic opportunity and source of 
        leverage against the People's Republic of China, including 
        during a conflict; and
            (2) procurement practices of the United States Government 
        that are reliant on trade with the People's Republic of China 
        and other inputs from the People's Republic of China, such that 
        that reliance presents a strategic vulnerability and source of 
        leverage that the Chinese Communist Party could exploit, 
        including during a conflict.
    (b) Strategy To Respond to Coercive Action.--
            (1) In general.--Not later than 180 days after the 
        submission of the report required by subsection (a), the 
        Secretary of the Treasury, in coordination with the Secretary 
        of State and in consultation with the Secretary of the Defense, 
        the Secretary of Commerce, the Director of the Office of 
        Federal Procurement Policy, and the Director of the Office of 
        Science and Technology Policy, shall submit to the appropriate 
        committees of Congress a report, utilizing the findings of the 
        report required by subsection (a), that describes a 
        comprehensive sanctions strategy to advise policymakers on 
        policies the United States and allies and partners of the 
        United States could adopt with respect to the People's Republic 
        of China in response to any coercive action, including an 
        invasion, by the People's Republic of China that infringes upon 
        the territorial sovereignty of Taiwan by preventing access to 
        international waterways, airspace, or telecommunications 
        networks.
            (2) Elements.--The strategy required by paragraph (1) shall 
        include policies that--
                    (A) restrict the access of the People's Liberation 
                Army to oil, natural gas, munitions, and other supplies 
                needed to conduct military operations against Taiwan, 
                United States facilities in the Pacific and Indian 
                Oceans, and allies and partners of the United States in 
                the region;
                    (B) diminish the capacity of the industrial base of 
                the People's Republic of China to manufacture and 
                deliver defense articles to replace those lost in 
                operations of the People's Liberation Army against 
                Taiwan, the United States, and allies and partners of 
                the United States;
                    (C) inhibit the ability of the People's Republic of 
                China to evade United States and multilateral sanctions 
                through third parties, including through secondary 
                sanctions;
                    (D) identify specific sanctions-related tools that 
                may be effective in responding to coercive action 
                described in paragraph (1) and assess the feasibility 
                of the use and impact of the use of those tools;
                    (E) identify and resolve potential impediments to 
                coordinating sanctions-related efforts with respect to 
                responding to or deterring aggression against Taiwan 
                with allies and partners of the United States;
                    (F) identify industries, sectors, or goods and 
                services with respect to which the United States, 
                working with allies and partners of the United States, 
                can take coordinated action through sanctions or other 
                economic tools that will have a significant negative 
                impact on the economy of the People's Republic of 
                China; and
                    (G) identify tactics used by the Government of the 
                People's Republic of China to influence the public in 
                the United States and Taiwan through propaganda and 
                disinformation campaigns, including such campaigns 
                focused on delegitimizing Taiwan or legitimizing a 
                forceful action by the People's Republic of China 
                against Taiwan.
    (c) Recommendations for Reduction of Vulnerabilities and 
Leverage.--Not later than 180 days after the submission of the report 
required by subsection (a), the Secretary of State and the Secretary of 
Defense shall jointly, in consultation with the Secretary of Commerce, 
the Secretary of the Treasury, the Director of the Office of Federal 
Procurement Policy, and the Director of the Office of Science and 
Technology Policy, submit to the appropriate committees of Congress a 
report that--
            (1) identifies critical sectors within the United States 
        economy that rely on trade with the People's Republic of China 
        and other inputs from the People's Republic of China (including 
        active pharmaceutical ingredients, rare earth minerals, and 
        metallurgical inputs), such that those sectors present a 
        strategic vulnerability and source of leverage that the Chinese 
        Communist Party or the People's Republic of China could 
        exploit; and
            (2) makes recommendations to Congress on steps that can be 
        taken to reduce the sources of leverage described in paragraph 
        (1) and subsection (a)(1), including through--
                    (A) provision of economic incentives and making 
                other trade and contracting reforms to support United 
                States industry and job growth in critical sectors and 
                to indigenize production of critical resources; and
                    (B) policies to facilitate ``near- or friend-
                shoring'', or otherwise developing strategies to 
                facilitate that process with allies and partners of the 
                United States, in other sectors for which domestic 
                reshoring would prove infeasible for any reason.
    (d) Form.--The reports required by subsections (a), (b), and (c) 
shall be submitted in unclassified form but may include a classified 
annex.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Select Committee on Intelligence, the 
        Committee on Finance, the Committee on Banking, Housing, and 
        Urban Affairs, and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on Financial Services, the 
        Committee on Energy and Commerce, and the Permanent Select 
        Committee on Intelligence of the House of Representatives.

SEC. 3. RULE OF CONSTRUCTION ON MAINTAINING ONE CHINA POLICY.

    Nothing in this Act may be construed as a change to the one China 
policy of the United States, which is guided by the Taiwan Relations 
Act (22 U.S.C. 3301 et seq.), the three United States-People's Republic 
of China Joint Communiques, and the Six Assurances.

SEC. 4. RULE OF CONSTRUCTION REGARDING NOT AUTHORIZING THE USE OF 
              FORCE.

    Nothing in this Act may be construed as authorizing the use of 
military force.
                                                        Calendar No. 98

118th CONGRESS

  1st Session

                                S. 1074

_______________________________________________________________________

                                 A BILL

  To require a strategy for countering the People's Republic of China.

_______________________________________________________________________

                             June 13, 2023

                       Reported with an amendment