[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5703-S5705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6167. Mr. INHOFE (for Mr. Rubio (for himself and Mr. Merkley))
submitted an amendment intended to be proposed to amendment SA 5499
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be
proposed to the bill H.R. 7900, to authorize appropriations for fiscal
year 2023 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of title XII, add the following:
Subtitle G--Taiwan Relations Reinforcement Act of 2022
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Relations
Reinforcement Act of 2022''.
SEC. 1282. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act of 1979 (Public Law 96-8) and
the Six Assurances, first articulated by President Ronald
Reagan in 1982, are both cornerstones of United States
relations with Taiwan, formally known as the Republic of
China (ROC).
(2) The People's Republic of China (PRC) and Taiwan have
been ruled without interruption by separate governments since
1949, and Taiwan has not been subjected to rule by the PRC at
any point since the PRC was first established in 1949.
(3) The so-called ``One China Policy'' of the United States
Government is not the same as the ``One China principle''
espoused by the People's Republic of China.
(4) Threats and actions by the Government of the People's
Republic of China to unilaterally determine Taiwan's future
through non-peaceful means, including the direct use of
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force, military coercion, economic boycotts or embargoes, and
efforts to internationally isolate or annex Taiwan, would
undermine stability in the Taiwan Strait and are of grave
concern to the United States Government.
(5) The Chinese Communist Party's (CCP) global influence
operations and efforts to exert sharp power have sought to
diplomatically undermine the legitimacy of the democratically
elected Government of Taiwan, intimidate the people of
Taiwan, and force Taiwan's diplomatic partners to abandon it.
(6) The force modernization program and military buildup of
the CCP-controlled People's Liberation Army poses a serious
challenge to the balance of power in the Indo-Pacific region,
including the Taiwan Strait, and to United States national
security interests as a Pacific power.
(7) Cultural and educational exchanges between the United
States and Taiwan are a key component of building and
strengthening bilateral people-to-people ties and provide
important, high-quality learning opportunities for students
interested in politics, history, language, and culture.
(8) Taiwan is an important trading partner for the United
States, representing the 10th largest market for United
States exports in 2019.
(9) April 10, 2020, marked the 41st anniversary of the
Taiwan Relations Act of 1979 (Public Law 96-8).
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should strengthen
cooperation with the military of Taiwan under the framework
of the Taiwan Relations Act (Public Law 96-8) and the Six
Assurances with consideration of the ongoing military buildup
in China and the imbalance in the security environment in the
Taiwan Strait;
(2) the United States Government should urge Taiwan to
increase its own investments in military capabilities that
support implementation of its asymmetric defense strategy;
(3) the United States Government should promote dignity and
respect for its Taiwanese counterparts, who represent more
than 23,000,000 citizens, by using the full range of
diplomatic and financial tools available to promote Taiwan's
inclusion and meaningful participation in international
organizations as well as in bilateral and multilateral
security summits, military exercises, and economic dialogues
and forums; and
(4) in order to deepen economic ties and advance the
interests of the United States, the United States Government
should prioritize the negotiation of a free trade agreement
with Taiwan that provides high levels of labor rights and
environmental protection as soon as possible.
SEC. 1284. A TWENTY-FIRST CENTURY PARTNERSHIP WITH TAIWAN.
(a) Statement of Policy.--It is the policy of the United
States to create and execute a plan for enhancing its
relationship with Taiwan by forming a robust partnership that
meets the challenges of the 21st century, fully accounts for
Taiwan's democratization, and remains faithful to United
States principles and values in keeping with the Taiwan
Relations Act and the Six Assurances.
(b) Interagency Taiwan Policy Task Force.--Not later than
90 days after the date of the enactment of this Act, the
President shall create an interagency Taiwan policy task
force consisting of senior officials from the Office of the
President, the National Security Council, the Department of
State, the Department of Defense, the Department of the
Treasury, the Department of Commerce, and the Office of the
United States Trade Representative.
(c) Report.--The interagency Taiwan Policy Task Force
established under subsection (b) shall submit an annual
unclassified report with a classified annex to the
appropriate congressional committees outlining policy and
actions to be taken to create and execute a plan for
enhancing our partnership and relations with Taiwan.
SEC. 1285. AMERICAN INSTITUTE IN TAIWAN.
The position of Director of the American Institute in
Taiwan's Taipei office shall be subject to the advice and
consent of the Senate, and effective upon enactment of this
Act shall have the title of Representative.
SEC. 1286. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN.
(a) Statement of Policy.--It is the policy of the United
States to support United States educational and exchange
programs with Taiwan, including by authorizing such sum as
may be necessary to promote the study of Chinese language,
culture, history, and politics in Taiwan.
(b) Establishment of the United States-Taiwan Cultural
Exchange Foundation.--The Secretary of State shall establish
a new United States-Taiwan Cultural Exchange Foundation, an
independent nonprofit dedicated to deepening ties between the
future leaders of Taiwan and the United States. The
Foundation shall work 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.
(c) Partnering With TECRO.--State and local school
districts and educational institutions such as public
universities shall partner with the Taipei Economic and
Cultural Representative Office (TECRO) in the United States
to establish programs to promote an increase in educational
and cultural exchanges.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on
cooperation between the United States Government and the
Taiwanese government to create an alternative to Confucius
Institutes in an effort to promote freedom, democracy,
universal values, culture, and history in conjunction with
Chinese language education.
SEC. 1287. 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 meetings held by international
organizations.
(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 membership and meaningful participation in
international organizations.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on China's
efforts at the United Nations and other international bodies
to block Taiwan's meaningful participation and inclusion and
recommend appropriate responses to be taken by the United
States.
SEC. 1288. 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;
(3) the United States Government should invite Taiwan to
participate in bilateral and multilateral military training
exercises; and
(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 the United States Government should
support export licenses for direct commercial sales
supporting Taiwan's indigenous defensive capabilities.
SEC. 1289. 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, the Secretary of State shall, in accordance with
the Taiwan Travel Act (Public Law 115-135), submit to the
appropriate congressional committees a list of high-level
officials from the United States Government that have
traveled to Taiwan and a list of high-level officials of
Taiwan that 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, the
Secretary of State shall submit to the appropriate
congressional committees a report on implementation of the
Taiwan Travel Act.
SEC. 1290. 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 (PRC) and the
Chinese Communist Party to compel private United States
businesses, corporations, and nongovernmental entities to use
PRC-mandated language to describe the relationship between
Taiwan and China are an intolerable attempt to enforce
political censorship globally and should be considered an
attack on the fundamental underpinnings of all democratic and
free societies, including the constitutionally protected
right to freedom of speech.
(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 interacting with the
Government of the People's Republic of China and the Chinese
Communist Party and affiliated entities, the aim of which
is--
(1) to counter PRC sharp power operations, which 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 Government of the
People's Republic of China 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 on Recognition of PRC 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;
[[Page S5705]]
(B) the dispute between the People's Republic of China and
Taiwan must be resolved peacefully and with the assent of the
people of Taiwan;
(C) the primary obstacle to peaceful resolution is 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
(D) any attempt to coerce 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 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.
(4) Treatment of taiwan government.--
(A) In general.--The Department of State and other United
States Government agencies shall treat the democratically
elected government of Taiwan as the legitimate representative
of the people of Taiwan and end the outdated practice of
referring to the government in Taiwan as the ``authorities''.
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 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.
(B) Rule of construction.--Nothing in this paragraph shall
be construed as entailing restoration of diplomatic relations
with the Republic of China, which were terminated on January
1, 1979, or altering the United States Government's position
on Taiwan's international status.
(d) Strategy To Protect United States Businesses and
Nongovernmental Entities From Coercion.--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, to protect
United States businesses and nongovernmental entities from
sharp power 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. The strategy shall include the following
elements:
(1) Information on efforts by the Government of the
People's Republic of China to censor the websites of United
States airlines, hotels, and other businesses regarding the
relationship between Taiwan and the People's Republic of
China.
(2) Information on efforts by the Government of the
People's Republic of China to target United States
nongovernmental entities through sharp power operations
intended to weaken support for Taiwan.
(3) Information on 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 this threat.
(4) Details of any actions undertaken to create a code of
conduct pursuant to subsection (b) and a timetable for
implementation.
SEC. 1291. STRATEGY TO RESPOND TO SHARP POWER OPERATIONS
TARGETING TAIWAN.
(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 sharp power
operations and the united front campaign 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 the following elements:
(1) Development of a response to PRC propaganda and
disinformation campaigns and cyber-intrusions targeting
Taiwan, including--
(A) assistance in building the capacity of the Taiwan
government 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 Taiwan government'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) 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.
(3) Support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to
sharp power operations.
(4) Establishment of a coordinated partnership, through the
Global Cooperation and Training Framework, with like-minded
governments to share data and best practices with the
Government of Taiwan on ways to address sharp power
operations supported by the Government of the People's
Republic of China and the Chinese Communist Party.
SEC. 1292. REPORT ON DETERRENCE IN THE TAIWAN STRAIT.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State and
the Secretary of Defense shall submit to the appropriate
congressional committees a joint report that assesses the
military posture of Taiwan and the United States as it
specifically pertains to the deterrence of military conflict
and conflict readiness in the Taiwan Strait. In light of the
changing military balance in the Taiwan Strait, the report
should include analysis of whether current Taiwan and United
States policies sufficiently deter efforts to determine the
future of Taiwan by other than peaceful means.
SEC. 1293. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) 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.
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