[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 477 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 477
To authorize the President to use military force for the purpose of
securing and defending Taiwan against armed attack, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To authorize the President to use military force for the purpose of
securing and defending Taiwan against armed attack, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Invasion Prevention Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES
Sec. 101. Findings; sense of Congress.
Sec. 102. Authorization for use of United States Armed Forces.
TITLE II--OTHER MATTERS
Sec. 201. Regional security dialogue to improve security relationships
in the Western Pacific area.
Sec. 202. United States-Taiwan bilateral trade agreement.
Sec. 203. United States-Taiwan combined military exercises and related
actions.
Sec. 204. Sense of Congress regarding United States support for
defending Taiwan.
Sec. 205. High-level visits.
Sec. 206. Sense of Congress regarding address to joint session of
Congress by President of Taiwan.
TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES
SEC. 101. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Taiwan is a free and prosperous democracy of nearly
24,000,000 people and is an important contributor to peace and
stability around the world.
(2) Section 2(b) of the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301(b)) states that it is the policy of the
United States--
(A) ``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'';
(B) ``to declare that peace and stability in the
area are in the political, security, and economic
interests of the United States, and are matters of
international concern'';
(C) ``to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful
means'';
(D) ``to consider any effort to determine the
future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States'';
(E) ``to provide Taiwan with arms of a defensive
character''; and
(F) ``to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan''.
(3) Since the election of President Tsai Ing-wen as
President of Taiwan in 2016, the Government of the People's
Republic of China has intensified its efforts to pressure
Taiwan through diplomatic isolation and military provocations.
(4) The rapid modernization of the People's Liberation Army
and recent military maneuvers in and around the Taiwan Strait
illustrate a clear threat to Taiwan's security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) both the United States and Taiwan have made significant
strides since 1979 in bolstering their defense relationship;
(2) the People's Republic of China has dramatically
increased the capability of its military forces since 1979;
(3) the People's Republic of China has in recent years
increased the use of its military forces to harass and provoke
Taiwan with the threat of overwhelming force; and
(4) it is the policy of the United States to consider any
effort to determine the future of Taiwan by anything other than
peaceful means, including by boycotts or embargoes, a threat to
the peace and security of the Western Pacific area, and of
grave concern to the United States.
SEC. 102. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) In General.--The President is authorized to use the Armed
Forces of the United States and take such other measures as the
President determines to be necessary and appropriate in order to secure
and protect Taiwan against--
(1) a direct armed attack by the military forces of the
People's Republic of China against the military forces of
Taiwan;
(2) the taking of territory under the effective
jurisdiction of Taiwan by the military forces of the People's
Republic of China; or
(3) the endangering of the lives of members of the military
forces of Taiwan or civilians within the effective jurisdiction
of Taiwan in cases in which such members or civilians have been
killed or are in imminent danger of being killed.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution (50 U.S.C.
1547(a)(1)), Congress declares that this section is intended to
constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).
(2) Applicability of other requirements.--Nothing in this
Act may be construed to supersede any requirement of the War
Powers Resolution (50 U.S.C. 1541 et seq.).
(c) Sense of Congress.--It is the sense of Congress that, at the
earliest possible date after the date of the enactment of this Act, the
President should release a public declaration that it is the policy of
the United States to secure and protect Taiwan against any action of
the People's Republic of China described in paragraph (1), (2), or (3)
of subsection (a).
(d) Statement of Policy.--It is the policy of the United States to
demand that the People's Republic of China officially renounce the use
or threat of military force in any attempt to unify with Taiwan.
(e) Authorization Period.--
(1) In general.--The authorization for use of the Armed
Forces under this section shall expire on the date that is 5
years after the date of the enactment of this Act.
(2) Sense of congress.--It is the sense of Congress that
the authorization for use of the Armed Forces under this
section should be reauthorized by a subsequent Act of Congress.
TITLE II--OTHER MATTERS
SEC. 201. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY RELATIONSHIPS
IN THE WESTERN PACIFIC AREA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State and the heads of other relevant Federal
agencies, as appropriate, shall seek to convene, on an annual basis, a
regional security dialogue with the Government of Taiwan and the
governments of like-minded security partners to improve the security
relationships among the United States and such countries in the Western
Pacific area.
(b) Matters To Be Included.--The regional security dialogue may
consider matters relating to--
(1) coordinating lower-level military-to-military dialogue;
and
(2) planning for potential military confrontation
scenarios.
SEC. 202. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.
Not later than 180 days after the date of the enactment of this
Act, the United States Trade Representative should seek to enter into
negotiations with representatives from Taiwan to establish a bilateral
trade agreement between the United States and Taiwan.
SEC. 203. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES AND RELATED
ACTIONS.
(a) Combined Military Exercises.--The Secretary of Defense, in
coordination with the heads of other relevant Federal agencies, should
seek to carry out a program of combined military exercises between the
United States, Taiwan, and, if feasible, other United States allies and
partners to improve military coordination and relations with Taiwan.
(b) Combined Disaster Relief Exercises.--The Secretary of Defense,
in coordination with the heads of other relevant Federal agencies,
should engage with their counterparts in Taiwan to organize combined
disaster and humanitarian relief exercises.
(c) Taiwan Strait Transits, Freedom of Navigation Operations, and
Presence Operations.--The Secretary of Defense should consider
increasing transits through the Taiwan Strait, freedom of navigation
operations in the Taiwan Strait, and presence operations in the Western
Pacific by the United States Navy, including in conjunction with United
States allies and partners.
(d) Sense of Congress.--It is the sense of Congress that Taiwan
should dedicate additional domestic resources toward advancing its
military readiness for purposes of defending Taiwan, including
through--
(1) steady increases in annual defense spending as a share
of gross domestic product;
(2) procurements of defense technologies that directly
bolster Taiwan's asymmetric defense capabilities;
(3) reform of Taiwan's military reserves, including
increasing the length of training required and number of days
required in service annually;
(4) participation with United States Armed Forces in
combined military exercises; and
(5) further engagement with the United States on
strengthening Taiwan's cyber capabilities.
SEC. 204. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT FOR
DEFENDING TAIWAN.
It is the sense of Congress that--
(1) given the security considerations posed by the People's
Republic of China, the Secretary of State should accelerate the
approval of sales of defense articles and services to Taiwan
for purposes of defending Taiwan; and
(2) the Secretary of Defense should offer support to Taiwan
by--
(A) continuing to send United States military
advisors to Taiwan for training purposes;
(B) encouraging members of the United States Armed
Forces to enroll in Taiwan's National Defense
University;
(C) maintaining a significant United States naval
presence within a close proximity to Taiwan; and
(D) reestablishing the Taiwan Patrol Force under
the direction of the United States Navy.
SEC. 205. HIGH-LEVEL VISITS.
(a) Visit to Taiwan by President of the United States.--Not later
than 1 year after the date of the enactment of this Act, the President
or the Secretary of State (if designated by the President), with
appropriate interagency consultation and participation, should arrange
a meeting in Taiwan with the President of Taiwan.
(b) Visit to the United States by President of Taiwan.--It is the
sense of Congress that the United States would benefit from a meeting
in the United States between the President or the Secretary of State
and the President of Taiwan.
SEC. 206. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT SESSION OF
CONGRESS BY PRESIDENT OF TAIWAN.
It is the sense of Congress that it would be beneficial for the
United States and Taiwan to invite the President of Taiwan to address a
joint session of Congress and subsequently participate in a roundtable
discussion with members of Congress.
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