[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.
                                 ______