[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5789-S5793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6259. Mr. RISCH 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--Implementation of an Enhanced Defense Partnership Between
the United States and Taiwan
SEC. 1281. DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--Except as
otherwise provided in this subtitle, 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.
SEC. 1282. 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 arms conducive to deterring acts of aggression by the
People's Liberation Army'' after ``arms of a defensive
character''.
(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.''.
[[Page S5790]]
SEC. 1283. 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. 1284. 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. 1285. 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 5203(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 5211), in accordance with section
514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),
as amended by section 5211.
(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
[[Page S5791]]
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. 1286. 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. 1287. 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--
[[Page S5792]]
(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. 1288. 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. 1289. 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. 1290. 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 subtitle 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. 1291. 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
[[Page S5793]]
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. 1292. 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. 1293. 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. 1294. 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. 1295. 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. 1296. 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.
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