[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5842-S5858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6340. Mr. MENENDEZ (for himself, Mr. Risch, and Mr. Graham) 
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, add the following:

                 DIVISION E--TAIWAN POLICY ACT OF 2022

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       This division may be cited as the ``Taiwan Policy Act of 
     2022''.

     SEC. 5002. FINDINGS.

       Congress finds the following:
       (1) Since 1949, the close relationship between the United 
     States and Taiwan has been of enormous benefit to both 
     parties and to the Indo-Pacific region as a whole.
       (2) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) has enabled the people of the United States and 
     the people of Taiwan to maintain a strong and important 
     relationship that promotes regional security, prosperity, and 
     shared democratic values.
       (3) The security of Taiwan and the ability for the people 
     of Taiwan to determine their own future are fundamental to 
     United States interests and values.
       (4) The Taipei Economic and Cultural Representative Office 
     in the United States and the American Institute in Taiwan 
     facilitate critical consular relations that--
       (A) protect the interests of the people of the United 
     States and the people of Taiwan; and
       (B) strengthen people-to-people ties.
       (5) Increased engagement between public officials, 
     commercial interests, civil society leaders, and others 
     enhances United States-Taiwan relations and its economic, 
     security, and democratic dimensions.
       (6) Taiwan serves as a critical partner on regional and 
     transnational issues, such as public health, climate change, 
     critical and emerging technologies, cybersecurity, trade, and 
     freedom of navigation.
       (7) Taiwan exemplifies a thriving democracy consisting of 
     more than 23,000,000 people who value their suffrage, free 
     markets, right to due process, freedom of expression, and 
     other individual liberties.
       (8) President Xi Jinping of the People's Republic of China 
     (referred to in this division as the ``PRC'') continues to 
     repeat his desire to stifle the freedom of Taiwan, as 
     evidenced by his July 2021 proclamation, in which he stated, 
     ``All sons and daughters of China, including compatriots on 
     both sides of the Taiwan Strait, must work together and move 
     forward in solidarity, resolutely smashing any Taiwan 
     independence plots.''.
       (9) As President Xi Jinping concentrates his power in the 
     Chinese Communist Party (referred to in this division as the 
     ``CCP''), he is escalating the PRC's campaign of coercion and 
     intimidation against Taiwan, as evidenced by--
       (A) the accelerated preparations made by the PRC and its 
     People's Liberation Army (referred to in this division as the 
     ``PLA'') for an offensive attack against Taiwan, such as the 
     PLA's January 2022 incursion of nearly 40 fighters, bombers, 
     and other warplanes into Taiwan's air defense identification 
     zone;
       (B) the PLA's growing offensive preparations in the Taiwan 
     Strait, such as amphibious assault and live-fire exercises 
     and record-scale incursions into Taiwanese air space;
       (C) the Foreign Ministry's diplomatic efforts to isolate 
     Taiwan, such as abusing its position in international 
     institutions and multilateral fora to exclude Taiwanese 
     participation despite Taiwan's demonstrated expertise in 
     relevant subjects, such as public health;
       (D) threats and actions to compromise Taiwan's economy and 
     critical suppliers, such as draconian export controls and the 
     ``31 Measures'' intended to lure Taiwanese talent to mainland 
     China and away from Taiwan;
       (E) persistent and targeted cyberattacks, numbering nearly 
     20,000,000 per month, which are intended to compromise 
     Taiwan's critical infrastructure and inflict civilian harm;
       (F) political and economic pressure on other countries who 
     seek closer ties with Taiwan, such as recent export controls 
     related to Lithuania after Lithuania announced a permanent 
     Taiwanese Representative Office in Lithuania.
       (10) On multiple occasions, through both formal and 
     informal channels, the United States has expressed its 
     concern for the PRC's destabilizing activities in the Taiwan 
     Strait and on the international stage that aim to subvert 
     Taiwan's democratic institutions.
       (11) The Indo-Pacific Strategy of the United States--
       (A) identifies Taiwan as an important leading regional 
     partner;
       (B) seeks to bolster Taiwan's self-defense capabilities; 
     and
       (C) reaffirms that Taiwan's future must be determined 
     peacefully and in accordance with the wishes and best 
     interests of the people of Taiwan.
       (12) The PRC considers stifling the freedom of Taiwan as a 
     critical and necessary step to displacing the United States 
     as the preeminent military power in the Indo-Pacific and 
     continues its modernization campaign to enhance the power-
     projection capabilities of the PLA and its ability to conduct 
     joint operations.
       (13) Taiwan maintains a modern, ready, self-defense force 
     that adheres to the highest democratic principles and 
     benefits from continued state of the art security assistance.
       (14) The defense of Taiwan is critical to--
       (A) mitigating the PLA's ability to project power and 
     establish contested zones within the First and Second Island 
     Chains and limiting the PLA's freedom of maneuver to engage 
     in unconstrained power projection beyond the First Island 
     Chain in order to protect United States territory, such as 
     Hawaii and Guam;
       (B) defending the territorial integrity of Indo-Pacific 
     allies, such as Japan;
       (C) deterring other countries and competitors from 
     exercising force as a means to revise the established status 
     quo;
       (D) championing democratic institutions and societies in 
     the Indo-Pacific region and throughout the world; and
       (E) maintaining a rules-based international order that--
       (i) constrains authoritarian powers;
       (ii) enshrines collective security;
       (iii) promotes democracy and respect for human rights and 
     fundamental freedoms; and
       (iv) promotes peace and prosperity.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) Appropriate committees of congress.--Except as 
     otherwise provided in this division, the term ``appropriate 
     committees of Congress'' means--

[[Page S5843]]

       (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.
       (4) Republic of china.--The term ``Republic of China'' 
     means ``Taiwan''.
       (5) 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.

              TITLE I--UNITED STATES POLICY TOWARD TAIWAN

     SEC. 5101. DECLARATION OF POLICY.

       It is the policy of the United States--
       (1) to support the security of Taiwan, the stability of 
     cross-Strait relations, and the freedom of the people of 
     Taiwan to determine their own future, and to strenuously 
     oppose any action by the PRC to use force to change the 
     status quo of Taiwan;
       (2) to cooperate with Taiwan as an important partner of the 
     United States in promoting a free and open Indo-Pacific;
       (3) to deter the use of force by the PRC to change the 
     status quo of Taiwan by coordinating with allies and 
     partners--
       (A) to identify and develop significant economic, 
     diplomatic, and other measures that will deter and impose 
     costs on any such use of force;
       (B) to convey, in advance, severe consequences that would 
     take effect immediately after the PRC engaged in any such use 
     of force; and
       (C) to support and cooperate with Taiwan to implement, 
     resource, and modernize its military capabilities, including 
     an effective defense strategy, through security assistance 
     and increases in defense spending;
       (4) to strengthen cooperation with the military of Taiwan 
     under the framework of the Taiwan Relations Act (Public Law 
     96-8; 22 U.S.C. 3301 et seq.) and the Six Assurances, with 
     consideration of the ongoing military buildup in China and 
     the military balance in the Taiwan Strait, and to transfer 
     defense articles to Taiwan to enhance its capabilities, 
     including its efforts to undertake defensive operations and 
     maintain the ability to deny PRC coercion and invasion;
       (5) to urge Taiwan to increase its own investments in 
     military capabilities, including those that support the 
     implementation of an effective defense strategy;
       (6) to advance and finalize key provisions of the United 
     States-Taiwan Trade and Investment Framework Agreement and 
     deepen economic ties between the United States and Taiwan and 
     advance the interests of the United States by negotiating a 
     bilateral free trade agreement as soon as possible, which 
     will include appropriate levels of labor rights and 
     environmental protections;
       (7) to include Taiwan as a partner in the Indo-Pacific 
     Economic Framework;
       (8) to collaborate with Taiwan to strengthen health 
     systems, reinforce critical infrastructure, promote disaster 
     resilience, protect marine resources, and otherwise support 
     socioeconomic development in Pacific Island countries;
       (9) to promote Taiwan's meaningful participation in 
     important international organizations, including 
     organizations that address global health, civilian air 
     safety, and transnational crime, and bilateral and 
     multilateral security summits, military exercises, and 
     economic dialogues and forums;
       (10) to support the Government in Taiwan as a 
     representative democratic government, constituted through 
     free and fair elections that reflect the will of the people 
     of Taiwan and promote dignity and respect for the 
     democratically-elected leaders of Taiwan, who represent more 
     than 23,000,000 citizens, by using the full range of 
     diplomatic and other appropriate tools available to promote 
     Taiwan's international space;
       (11) to ensure that distinctions in practice regarding 
     United States relations with Taiwan are consistent with the 
     longstanding, comprehensive, strategic, and values-based 
     relationship the United States shares with Taiwan, and 
     contribute to the peaceful resolution of cross-Strait issues; 
     and
       (12) to create and execute a plan for enhancing our 
     relationship with Taiwan by forming a robust partnership 
     that--
       (A) meets current geopolitical challenges;
       (B) fully accounts for Taiwan's democratic status; and
       (C) remains faithful to United States principles and 
     values, consistent with the Taiwan Relations Act and the Six 
     Assurances.

     SEC. 5102. TREATMENT OF THE GOVERNMENT IN TAIWAN.

       (a) In General.--The Secretary of State and other Federal 
     departments and agencies shall--
       (1) engage with the democratically-elected government in 
     Taiwan as the legitimate representative of the people of 
     Taiwan; and
       (2) end the outdated practice of referring to the 
     government in Taiwan as the ``Taiwan authorities''.
       (b) No Restrictions on Bilateral Interactions.--
     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 undue 
     restrictions on the ability of officials of the Department of 
     State or other Federal departments and agencies to interact 
     directly and routinely with their counterparts in the 
     government in Taiwan.

     SEC. 5103. TAIWAN SYMBOLS OF SOVEREIGNTY.

       (a) Defined Term.--In this section, the term ``official 
     purposes'' means--
       (1) the wearing of official uniforms;
       (2) conducting government-hosted ceremonies or functions; 
     and
       (3) appearances on Department of State social media 
     accounts promoting engagements with Taiwan.
       (b) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     rescind any contact guideline, internal restriction, section 
     of the Foreign Affairs Manual or the Foreign Affairs 
     Handbook, or related guidance or policies that, explicitly or 
     implicitly, including through restrictions or limitations on 
     activities of United States Government personnel, limits the 
     ability of members of the armed forces of the Republic of 
     China (Taiwan) and government representatives from the Taipei 
     Economic and Cultural Representative Office to display, for 
     official purposes, symbols of Republic of China sovereignty, 
     including--
       (1) the flag of the Republic of China (Taiwan); and
       (2) the corresponding emblems or insignia of military 
     units.

     SEC. 5104. SENSE OF CONGRESS ON DESIGNATION AND REFERENCES TO 
                   TAIWAN REPRESENTATIVE OFFICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States, consistent with the Taiwan Relations Act 
     (Public Law 96-8; 22 U.S.C. 3301 et seq.) and the Six 
     Assurances should--
       (1) provide the people of Taiwan with de facto diplomatic 
     treatment equivalent to foreign countries, nations, states, 
     governments, or similar entities; and
       (2) seek to enter into negotiations with the Taipei 
     Economic and Cultural Representative Office to rename the 
     ``Taipei Economic and Cultural Representative Office'' in the 
     United States as the ``Taiwan Representative Office''.
       (b) References.--If the negotiations referred to in 
     subsection (a)(2) are undertaken and result in the renaming 
     of the Taipei Economic and Cultural Representative Office as 
     the Taiwan Representative Office, any reference in a law, 
     map, regulation, document, paper, or other record of the 
     United States Government to the Taipei Economic and Cultural 
     Representative Office shall be deemed to be a reference to 
     the Taiwan Representative Office, including for all official 
     purposes of the United States Government, all courts of the 
     United States, and any proceedings by such Government or in 
     such courts.

TITLE II--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE 
                        UNITED STATES AND TAIWAN

     SEC. 5201. 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 S5844]]

  


     SEC. 5202. 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. 5203. 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. 5204. 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 S5845]]

     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. 5205. 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. 5206. 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 S5846]]

       (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. 5207. 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. 5208. 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. 5209. 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 division 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. 5210. 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 S5847]]

     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. 5211. 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. 5212. 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. 5213. 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. 5214. 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. 5215. 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.

    TITLE III--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND 
                          INFLUENCE CAMPAIGNS

     SEC. 5301. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION 
                   OPERATIONS TARGETING TAIWAN.

       (a) In General.--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 shall develop and 
     implement a strategy to respond to--
       (1) covert, coercive, and corrupting activities carried out 
     to advance the Chinese Communist Party's ``United Front'' 
     work, including activities directed, coordinated, or 
     otherwise supported by the United Front Work

[[Page S5848]]

     Department or its subordinate or affiliated entities; and
       (2) information and disinformation campaigns, cyber 
     attacks, and nontraditional propaganda measures 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 descriptions of--
       (1) the proposed response to propaganda and disinformation 
     campaigns by the People's Republic of China and cyber-
     intrusions targeting Taiwan, including--
       (A) assistance in building the capacity of the government 
     in Taiwan 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 government in Taiwan'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) the proposed 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) the establishment of a coordinated partnership, through 
     the American Institute in Taiwan's Global Cooperation and 
     Training Framework, with like-minded governments to share 
     data and best practices with the government in Taiwan 
     regarding ways to address sharp power operations supported by 
     the Government of the People's Republic of China and the 
     Chinese Communist Party; and
       (5) programs carried out by the Global Engagement Center to 
     expose misinformation and disinformation in the Chinese 
     Communist Party's propaganda.

     SEC. 5302. STRATEGY TO COUNTER ECONOMIC COERCION BY THE 
                   PEOPLE'S REPUBLIC OF CHINA TARGETING COUNTRIES 
                   AND ENTITIES THAT SUPPORT TAIWAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     the following 5 years, the Secretary of State shall submit to 
     the appropriate committees of Congress a description of the 
     strategy being used by the Department of State to respond to 
     the Government of the People's Republic of China's increased 
     economic coercion against countries which have strengthened 
     their ties with, or support for, Taiwan.
       (b) Assistance for Countries and Entities Targeted by the 
     People's Republic of China for Economic Coercion.--The 
     Department of State, the United States Agency for 
     International Development, the United States International 
     Development Finance Corporation, the Department of Commerce 
     and the Department of the Treasury shall provide appropriate 
     assistance to countries and entities that are subject to 
     coercive economic practices by the People's Republic of 
     China.

     SEC. 5303. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--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) Qualified research entity.--The term ``qualified 
     research entity'' means an entity that--
       (A) is a nonpartisan research organization or a Federally 
     funded research and development center;
       (B) has appropriate expertise and analytical capability to 
     write the report required under subsection (c); and
       (C) is free from any financial, commercial, or other 
     entanglements, which could undermine the independence of such 
     report or create a conflict of interest or the appearance of 
     a conflict of interest, with--
       (i) the Government of the People's Republic of China;
       (ii) the Chinese Communist Party;
       (iii) any company incorporated in the People's Republic of 
     China or a subsidiary of such company; or
       (iv) any company or entity incorporated outside of the 
     People's Republic of China that is believed to have a 
     substantial financial or commercial interest in the People's 
     Republic of China.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.
       (b) China Censorship Monitor and Action Group.--
       (1) In general.--The President shall establish an 
     interagency task force, which shall be known as the ``China 
     Censorship Monitor and Action Group'' (referred to in this 
     subsection as the ``Task Force'').
       (2) Membership.--The President shall take the following 
     actions with respect to the membership of, and participation 
     in, the Task Force:
       (A) Appoint the chair of the Task Force from among the 
     staff of the National Security Council.
       (B) Appoint the vice chair of the Task Force from among the 
     staff of the National Economic Council.
       (C) Direct the head of each of the following executive 
     branch agencies to appoint personnel to participate in the 
     Task Force:
       (i) The Department of State.
       (ii) The Department of Commerce.
       (iii) The Department of the Treasury.
       (iv) The Department of Justice.
       (v) The Office of the United States Trade Representative.
       (vi) The Office of the Director of National Intelligence, 
     and other appropriate elements of the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003)).
       (vii) The Federal Communications Commission.
       (viii) The United States Agency for Global Media.
       (ix) Other agencies designated by the President.
       (3) Responsibilities.--The Task Force shall--
       (A) oversee the development and execution of an integrated 
     Federal Government strategy to monitor and address the 
     impacts of efforts directed, or directly supported, by the 
     Government of the People's Republic of China to censor or 
     intimidate, in the United States or in any of its possessions 
     or territories, any United States person, including United 
     States companies that conduct business in the People's 
     Republic of China, which are exercising their right to 
     freedom of speech; and
       (B) submit the strategy developed pursuant to subparagraph 
     (A) to the appropriate congressional committees not later 
     than 120 days after the date of the enactment of this Act.
       (4) Meetings.--The Task Force shall meet not less 
     frequently than twice per year.
       (5) Consultations.--The Task Force should regularly 
     consult, to the extent necessary and appropriate, with--
       (A) Federal agencies that are not represented on the Task 
     Force;
       (B) independent agencies of the United States Government 
     that are not represented on the Task Force;
       (C) relevant stakeholders in the private sector and the 
     media; and
       (D) relevant stakeholders among United States allies and 
     partners facing similar challenges related to censorship or 
     intimidation by the Government of the People's Republic of 
     China.
       (6) Reporting requirements.--
       (A) Annual report.--The Task Force shall submit an annual 
     report to the appropriate congressional committees that 
     describes, with respect to the reporting period--
       (i) the strategic objectives and policies pursued by the 
     Task Force to address the challenges of censorship and 
     intimidation of United States persons while in the United 
     States or any of its possessions or territories, which is 
     directed or directly supported by the Government of the 
     People's Republic of China;
       (ii) the activities conducted by the Task Force in support 
     of the strategic objectives and policies referred to in 
     clause (i); and
       (iii) the results of the activities referred to in clause 
     (ii) and the impact of such activities on the national 
     interests of the United States.
       (B) Form of report.--Each report submitted pursuant to 
     subparagraph (A) shall be unclassified, but may include a 
     classified annex.
       (C) Congressional briefings.--Not later than 90 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Task Force shall provide briefings to the 
     appropriate congressional committees regarding the activities 
     of the Task Force to execute the strategy developed pursuant 
     to paragraph (3)(A).
       (c) Report on Censorship and Intimidation of United States 
     Persons by the Government of the People's Republic of 
     China.--
       (1) Report.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     select and seek to enter into an agreement with a qualified 
     research entity that is independent of the Department of 
     State to write a report on censorship and intimidation in the 
     United States and its possessions and territories of United 
     States persons, including United States companies that 
     conduct business in the People's Republic of China, which is 
     directed or directly supported by the Government of the 
     People's Republic of China.
       (B) Matters to be included.--The report required under 
     subparagraph (A) shall--
       (i) assess major trends, patterns, and methods of the 
     Government of the People's Republic of China's efforts to 
     direct or directly support censorship and intimidation of 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, which are 
     exercising their right to freedom of speech;

[[Page S5849]]

       (ii) assess, including through the use of illustrative 
     examples, as appropriate, the impact on and consequences for 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, that 
     criticize--

       (I) the Chinese Communist Party;
       (II) the Government of the People's Republic of China;
       (III) the authoritarian model of government of the People's 
     Republic of China; or
       (IV) a particular policy advanced by the Chinese Communist 
     Party or the Government of the People's Republic of China;

       (iii) identify the implications for the United States of 
     the matters described in clauses (i) and (ii);
       (iv) assess the methods and evaluate the efficacy of the 
     efforts by the Government of the People's Republic of China 
     to limit freedom of expression in the private sector, 
     including media, social media, film, education, travel, 
     financial services, sports and entertainment, technology, 
     telecommunication, and internet infrastructure interests;
       (v) include policy recommendations for the United States 
     Government, including recommendations regarding collaboration 
     with United States allies and partners, to address censorship 
     and intimidation by the Government of the People's Republic 
     of China; and
       (vi) include policy recommendations for United States 
     persons, including United States companies that conduct 
     business in China, to address censorship and intimidation by 
     the Government of the People's Republic of China.
       (C) Applicability to united states allies and partners.--To 
     the extent practicable, the report required under 
     subparagraph (A) should identify implications and policy 
     recommendations that are relevant to United States allies and 
     partners facing censorship and intimidation directed or 
     directly supported by the Government of the People's Republic 
     of China.
       (2) Submission of report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the report written by the qualified research entity 
     selected pursuant to paragraph (1)(A) to the appropriate 
     congressional committees.
       (B) Publication.--The report referred to in subparagraph 
     (A) shall be made accessible to the public online through 
     relevant United States Government websites.

      TITLE IV--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS

     SEC. 5401. 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 international organizations.
       (b) Support for Meaningful Participation.--The Permanent 
     Representative of the United States to the United Nations and 
     other relevant United States officials shall actively support 
     Taiwan's meaningful participation in all appropriate 
     international organizations.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that--
       (1) describes the People's Republic of China's efforts at 
     the United Nations and other international bodies to block 
     Taiwan's meaningful participation and inclusion; and
       (2) recommends appropriate responses that should be taken 
     by the United States to carry out the policy described in 
     subsection (a).

     SEC. 5402. PARTICIPATION OF TAIWAN IN THE INTER-AMERICAN 
                   DEVELOPMENT BANK.

       It is the sense of Congress that--
       (1) the United States fully supports Taiwan's participation 
     in, and contribution to, international organizations and 
     underscores the importance of the relationship between Taiwan 
     and the United States;
       (2) diversifying the donor base of the Inter-American 
     Development Bank (referred to in this title as the ``IDB'') 
     and increasing allied engagement in the Western Hemisphere 
     reinforces United States national interests;
       (3) Taiwan's significant contribution to the development 
     and economies of Latin America and the Caribbean demonstrate 
     that Taiwan's membership in the IDB as a non-borrowing member 
     would benefit the IDB and the entire Latin American and 
     Caribbean region; and
       (4) non-borrowing membership in the IDB would allow Taiwan 
     to substantially leverage and channel the immense resources 
     Taiwan already provides to Latin America and the Caribbean to 
     reach a larger number of beneficiaries.

     SEC. 5403. PLAN FOR TAIWAN'S PARTICIPATION IN THE INTER-
                   AMERICAN DEVELOPMENT BANK.

       The Secretary of State, in coordination with the Secretary 
     of the Treasury, is authorized--
       (1) to initiate a United States plan to endorse non-
     borrowing IDB membership for Taiwan; and
       (2) to instruct the United States Governor of the IDB to 
     work with the IDB Board of Governors to admit Taiwan as a 
     non-borrowing member of the IDB.

     SEC. 5404. REPORT CONCERNING MEMBER STATE STATUS FOR TAIWAN 
                   AT THE INTER-AMERICAN DEVELOPMENT BANK.

       Not later than 90 days after the date of the enactment of 
     this Act, and not later than April 1 of each year thereafter 
     for the following 5 years, the Secretary of State, in 
     coordination with the Secretary of the Treasury, shall submit 
     an unclassified report to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives that--
       (1) describes the United States plan to endorse and obtain 
     non-borrowing membership status for Taiwan at the IDB;
       (2) includes an account of the efforts made by the 
     Secretary of State and the Secretary of the Treasury to 
     encourage IDB member states to promote Taiwan's bid to obtain 
     non-borrowing membership at the IDB; and
       (3) identifies the steps that the Secretary of State and 
     the Secretary of the Treasury will take to endorse and obtain 
     non-borrowing membership status for Taiwan at the IDB in the 
     following year.

     SEC. 5405. CLARIFICATION REGARDING UNITED NATIONS GENERAL 
                   ASSEMBLY RESOLUTION 2758 (XXVI).

       Section 2(a) of the Taiwan Allies International Protection 
     and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 
     116-135) is amended by adding at the end the following:
       ``(10) United Nations General Assembly Resolution 2758 
     (1971)--
       ``(A) established the representatives of the Government of 
     the People's Republic of China as the only lawful 
     representatives of China to the United Nations;
       ``(B) did not address the issue of representation and 
     meaningful participation of Taiwan and its people in the 
     United Nations or in any related organizations; and
       ``(C) did not take a position on the relationship between 
     the People's Republic of China and Taiwan or include any 
     statement pertaining to Taiwan's sovereignty.
       ``(11) The United States opposes any initiative that seeks 
     to change Taiwan's status without the consent of the people 
     of Taiwan.''.

     SEC. 5406. MEANINGFUL PARTICIPATION OF TAIWAN IN THE 
                   INTERNATIONAL CIVIL AVIATION ORGANIZATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the International Civil Aviation Organization (ICAO) 
     should allow Taiwan to meaningfully participate in the 
     organization, including in ICAO triennial assembly sessions, 
     conferences, technical working groups, meetings, activities, 
     and mechanisms;
       (2) Taiwan is a global leader and hub for international 
     aviation, with a range of expertise, information, and 
     resources and the fifth busiest airport in Asia (Taoyuan 
     International Airport), and its meaningful participation in 
     ICAO would significantly enhance the ability of ICAO to 
     ensure the safety and security of global aviation; and
       (3) coercion by the Chinese Communist Party and the 
     People's Republic of China has ensured the systematic 
     exclusion of Taiwan from meaningful participation in ICAO, 
     significantly undermining the ability of ICAO to ensure the 
     safety and security of global aviation.
       (b) Plan for Taiwan's Meaningful Participation in the 
     International Civil Aviation Organization.--The Secretary of 
     State, in coordination with the Secretary of Commerce, is 
     authorized--
       (1) to initiate a United States plan to secure Taiwan's 
     meaningful participation in ICAO, including in ICAO triennial 
     assembly sessions, conferences, technical working groups, 
     meetings, activities, and mechanisms; and
       (2) to instruct the United States representative to the 
     ICAO to--
       (A) use the voice and vote of the United States to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms; and
       (B) seek to secure a vote at the next ICAO triennial 
     assembly session on the question of Taiwan's participation in 
     that session.
       (c) Report Concerning Taiwan's Meaningful Participation in 
     the International Civil Aviation Organization.--Not later 
     than 90 days after the date of the enactment of this Act, and 
     not later than April 1 of each year thereafter for the 
     following 6 years, the Secretary of State, in coordination 
     with the Secretary of Commerce, shall submit an unclassified 
     report to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that--
       (1) describes the United States plan to ensure Taiwan's 
     meaningful participation in ICAO, including in ICAO triennial 
     assembly sessions, conferences, technical working groups, 
     meetings, activities, and mechanisms;
       (2) includes an account of the efforts made by the 
     Secretary of State and the Secretary of Commerce to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms; and
       (3) identifies the steps the Secretary of State and the 
     Secretary of Commerce will take in the next year to ensure 
     Taiwan's meaningful participation in ICAO, including in ICAO 
     triennial assembly sessions, conferences, technical working 
     groups, meetings, activities, and mechanisms.

  TITLE V--ENHANCED DEVELOPMENT AND ECONOMIC COOPERATION BETWEEN THE 
                        UNITED STATES AND TAIWAN

     SEC. 5501. FINDINGS.

       Congress makes the following findings:

[[Page S5850]]

       (1) Taiwan has been an important trading partner of the 
     United States for many years, accounting for $114,000,000,000 
     in two-way trade in 2021.
       (2) Taiwan has demonstrated the capacity to hold a strong 
     economic partnership with the United States. Along with a 
     robust trading profile of goods and services, Taiwan supports 
     an estimated 208,000 American jobs and its cumulative 
     investment in the United States is at least $13,700,000,000, 
     numbers that will only increase with a comprehensive 
     bilateral trade agreement.
       (3) In addition to supplementing United States goods and 
     services, Taiwan is a reliable partner in many United States' 
     industries, which is not only critical for diversifying 
     United States supply chains, but is also essential to 
     reducing the United States' reliance on other countries, such 
     as China, who seek to leverage supply chain inefficiencies in 
     their path to regional and global dominance. Such 
     diversification of United States supply chains is critical to 
     our national security.
       (4) The challenges to establishing an agreement with 
     Taiwan, such as reaching an agreement on agricultural 
     standards, must not prevent the completion of a bilateral 
     trade agreement. Taiwan has already taken steps to further 
     the progress towards such an agreement by announcing its 
     intent to lift restrictions on United States pork and beef 
     products, which will greatly increase the accessibility of 
     American farmers and ranchers to Taiwan markets. In light of 
     this important development, the United States should 
     immediately move forward with substantial negotiations for a 
     comprehensive bilateral trade agreement with Taiwan.
       (5) A free and open Indo-Pacific is a goal that needs to be 
     actively pursued to counter China's use of unfair trading 
     practices and other policies to advance its economic 
     dominance in the Indo-Pacific region. An agreement with 
     Taiwan would--
       (A) help the United States accomplish this goal by building 
     a network of like-minded governments dedicated to fair 
     competition and open markets that are free from government 
     manipulation; and
       (B) encourage other nations to deepen economic ties with 
     Taiwan.
       (6) Since November 2020, Taiwan and the United States have 
     engaged in the U.S.-Taiwan Economic Prosperity Partnership 
     Dialogue, covering a broad range of economic issues 
     including--
       (A) 5G networks and telecommunications security;
       (B) supply chains resiliency;
       (C) infrastructure cooperation;
       (D) renewable energy;
       (E) global health; and
       (F) science and technology.
       (7) A trade agreement between the United States and Taiwan 
     would promote security and economic growth for the United 
     States, Taiwan, and the entire Indo-Pacific region.
       (8) Excluding Taiwan from the Indo-Pacific Economic 
     Framework would--
       (A) create significant distortions in the regional and 
     global economic architecture; and
       (B) run counter to the United States' economic interests.
       (9) Taiwan is the United States' largest trading partner 
     with whom we do not have an income tax treaty or agreement. 
     Taiwan has such agreements with 34 countries, including 
     countries that have trade agreements with the United States 
     and do not maintain diplomatic relations with Taiwan.
       (10) The American Chamber of Commerce in Taipei, in its 
     ``2022 Taiwan White Paper'', called for the United States and 
     Taiwan to continue exploring an income tax agreement to boost 
     bilateral trade and investment by reducing double taxation 
     and increasing economic efficiency and integration.

     SEC. 5502. SENSE OF CONGRESS ON A FREE TRADE AGREEMENT AND 
                   BILATERAL TAX AGREEMENT WITH TAIWAN, THE INDO-
                   PACIFIC ECONOMIC FRAMEWORK, AND CBP 
                   PRECLEARANCE.

       It is the Sense of Congress that--
       (1) the United States Trade Representative should resume 
     meetings under the United States and Taiwan Trade and 
     Investment Framework Agreement with the goal of reaching a 
     bilateral free trade agreement with Taiwan;
       (2) the United States Trade Representative should undertake 
     efforts to assess whether the Agreement Concerning Digital 
     Trade, signed at Washington October 7, 2019, and entered into 
     force January 1, 2020, between the United States and Japan, 
     provides a model for a similar agreement between the United 
     States and Taiwan to strengthen economic ties with Taiwan in 
     key sectors;
       (3) the United States Trade Representative and the 
     Secretary of Commerce should undertake efforts to assure 
     Taiwan's engagement and participation in the Indo-Pacific 
     Economic Framework;
       (4) the United States should utilize and expand 
     Preclearance programs to meet the needs of the United States 
     travel and tourism industry, including by prioritizing the 
     establishment of Preclearance facilities with Indo-Pacific 
     allies and partners, including Taiwan; and
       (5) the United States should--
       (A) begin negotiations on an income tax agreement between 
     the American Institute in Taiwan and the Taipei Economic and 
     Cultural Representative Office in the United States; and
       (B) work on a congressional-executive agreement to 
     establish such an income tax agreement.

     SEC. 5503. SENSE OF CONGRESS ON UNITED STATES-TAIWAN 
                   DEVELOPMENT COOPERATION.

       It is the sense of Congress that--
       (1) the United States and Taiwan share common development 
     goals in a wide range of sectors, including public health, 
     agriculture, food security, democracy and governance, and 
     education;
       (2) enhanced cooperation between the United States and 
     Taiwan would better advance these goals; and
       (3) the United States Agency for International Development 
     should explore opportunities to partner with Taiwan on 
     projects in developing countries related to inclusive 
     economic growth, resilience, global health, education, 
     infrastructure, humanitarian assistance, disaster relief, and 
     other areas.

 TITLE VI--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS 
                              WITH TAIWAN

     SEC. 5601. SHORT TITLE.

       This title may be cited as the ``Taiwan Fellowship Act''.

     SEC. 5602. FINDINGS.

       Congress makes the following findings:
       (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) affirmed United States policy ``to preserve and 
     promote extensive, close, and friendly commercial, cultural, 
     and other relations between the people of the United States 
     and the people on Taiwan, as well as the people on the China 
     mainland and all other peoples of the Western Pacific area''.
       (2) Consistent with the Asia Reassurance Initiative Act of 
     2018 (Public Law 115-409), the United States has grown its 
     strategic partnership with Taiwan's vibrant democracy of 
     23,000,000 people.
       (3) Despite a concerted campaign by the People's Republic 
     of China to isolate Taiwan from its diplomatic partners and 
     from international organizations, including the World Health 
     Organization, Taiwan has emerged as a global leader in the 
     coronavirus global pandemic response, including by donating 
     more than 2,000,000 surgical masks and other medical 
     equipment to the United States.
       (4) The creation of a United States fellowship program with 
     Taiwan would support--
       (A) a key priority of expanding people-to-people exchanges, 
     which was outlined in President Donald J. Trump's 2017 
     National Security Strategy;
       (B) President Joseph R. Biden's commitment to Taiwan, ``a 
     leading democracy and a critical economic and security 
     partner'', as expressed in his March 2021 Interim National 
     Security Strategic Guidance; and
       (C) April 2021 guidance from the Department of State based 
     on a review required under the Taiwan Assurance Act of 2020 
     (subtitle B of title III of division FF of Public Law 116-
     260) to ``encourage U.S. government engagement with Taiwan 
     that reflects our deepening unofficial relationship''.

     SEC. 5603. PURPOSES.

       The purposes of this title are--
       (1) to further strengthen the United States-Taiwan 
     strategic partnership and broaden understanding of the Indo-
     Pacific region by temporarily assigning officials of any 
     agencies of the United States Government to Taiwan for 
     intensive study in Mandarin and placement as Fellows with the 
     government in Taiwan or a Taiwanese civic institution;
       (2) to provide for eligible United States personnel--
       (A) to learn or strengthen Mandarin Chinese language 
     skills; and
       (B) to expand their understanding of the political economy 
     of Taiwan and the Indo-Pacific region; and
       (3) to better position the United States to advance its 
     economic, security, and human rights interests and values in 
     the Indo-Pacific region.

     SEC. 5604. DEFINITIONS.

       In this title:
       (1) Agency head.--The term ``agency head'' means, in the 
     case of the executive branch of United States Government or a 
     legislative branch agency described in paragraph (2), the 
     head of the respective agency.
       (2) Agency of the united states government.--The term 
     ``agency of the United States Government'' includes the 
     Government Accountability Office, the Congressional Budget 
     Office, and the Congressional Research Service of the 
     legislative branch, as well as any agency of the executive 
     branch.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (4) Detailee.--The term ``detailee''--
       (A) means an employee of an agency of the United States 
     Government on loan to the American Institute in Taiwan, 
     without a change of position from the agency at which he or 
     she is employed; and
       (B) a legislative branch employee from the Government 
     Accountability Office, Congressional Budget Office, or the 
     Congressional Research Service.
       (5) Implementing partner.--The term ``implementing 
     partner'' means any United States organization described in 
     501(c)(3) of the Internal Revenue Code of 1986 that--

[[Page S5851]]

       (A) performs logistical, administrative, and other 
     functions, as determined by the Department of State and the 
     American Institute of Taiwan in support of the Taiwan 
     Fellowship Program; and
       (B) enters into a cooperative agreement with the American 
     Institute in Taiwan to administer the Taiwan Fellowship 
     Program.
       (6) Program.--The term ``Program'' means the Taiwan 
     Fellowship Program established pursuant to section 5605.

     SEC. 5605. TAIWAN FELLOWSHIP PROGRAM.

       (a) Establishment.--The Secretary of State shall establish 
     the Taiwan Fellowship Program (referred to in this section as 
     the ``Program'') to provide a fellowship opportunity in 
     Taiwan of up to 2 years for eligible United States citizens. 
     The Department of State, in consultation with the American 
     Institute in Taiwan and the implementing partner, may modify 
     the name of the Program.
       (b) Cooperative Agreement.--
       (1) In general.--The American Institute in Taiwan should 
     use amounts appropriated pursuant to section 5608(a) to enter 
     into an annual or multi-year cooperative agreement with an 
     appropriate implementing partner.
       (2) Fellowships.--The Department of State or the American 
     Institute in Taiwan, in consultation with, as appropriate, 
     the implementing partner, should award to eligible United 
     States citizens, subject to available funding--
       (A) approximately 5 fellowships during the first 2 years of 
     the Program; and
       (B) approximately 10 fellowships during each of the 
     remaining years of the Program.
       (c) American Institution in Taiwan Agreement; Implementing 
     Partner.--Not later than 30 days after the date of the 
     enactment of this Act, the American Institute in Taiwan, in 
     consultation with the Department of State, should--
       (1) begin negotiations with the Taipei Economic and 
     Cultural Representative Office, or with another appropriate 
     entity, for the purpose of entering into an agreement to 
     facilitate the placement of fellows in an agency of the 
     government in Taiwan; and
       (2) begin the process of selecting an implementing partner, 
     which--
       (A) shall agree to meet all of the legal requirements 
     required to operate in Taiwan; and
       (B) shall be composed of staff who demonstrate significant 
     experience managing exchange programs in the Indo-Pacific 
     region.
       (d) Curriculum.--
       (1) First year.--During the first year of each fellowship 
     under this section, each fellow should study--
       (A) the Mandarin Chinese language;
       (B) the people, history, and political climate on Taiwan; 
     and
       (C) the issues affecting the relationship between the 
     United States and the Indo-Pacific region.
       (2) Second year.--During the second year of each fellowship 
     under this section, each fellow, subject to the approval of 
     the Department of State, the American Institute in Taiwan, 
     and the implementing partner, and in accordance with the 
     purposes of this title, should work in--
       (A) a parliamentary office, ministry, or other agency of 
     the government in Taiwan; or
       (B) an organization outside of the government in Taiwan, 
     whose interests are associated with the interests of the 
     fellow and the agency of the United States Government from 
     which the fellow is or had been employed.
       (e) Flexible Fellowship Duration.--Notwithstanding any 
     requirement under this section, the Secretary of State, in 
     consultation with the American Institute in Taiwan and, as 
     appropriate, the implementing partner, may award fellowships 
     that have a duration of less than two years, and may alter 
     the curriculum requirements under subsection (d) for such 
     purposes.
       (f) Sunset.--The fellowship program under this title shall 
     terminate 7 years after the date of the enactment of this 
     Act.
       (g) Program Requirements.--
       (1) Eligibility requirements.--A United States citizen is 
     eligible for a fellowship under this section if he or she--
       (A) is an employee of the United States Government;
       (B) has received at least one exemplary performance review 
     in his or her current United States Government role within at 
     least the last three years prior to beginning the fellowship;
       (C) has at least 2 years of experience in any branch of the 
     United States Government;
       (D) has a demonstrated professional or educational 
     background in the relationship between the United States and 
     countries in the Indo-Pacific region; and
       (E) has demonstrated his or her commitment to further 
     service in the United States Government.
       (2) Responsibilities of fellows.--Each recipient of a 
     fellowship under this section shall agree, as a condition of 
     such fellowship--
       (A) to maintain satisfactory progress in language training 
     and appropriate behavior in Taiwan, consistent with United 
     States Government policy toward Taiwan, as determined by the 
     Department of State, the American Institute in Taiwan and, as 
     appropriate, its implementing partner;
       (B) to refrain from engaging in any intelligence or 
     intelligence-related activity on behalf of the United States 
     Government; and
       (C) to continue Federal Government employment for a period 
     of not less than 4 years after the conclusion of the 
     fellowship or for not less than 2 years for a fellowship that 
     is 1 year or shorter.
       (3) Responsibilities of implementing partner.--
       (A) Selection of fellows.--The implementing partner, with 
     the concurrence of the Department of State and the American 
     Institute in Taiwan, shall--
       (i) make efforts to recruit fellowship candidates who 
     reflect the diversity of the United States;
       (ii) select fellows for the Taiwan Fellowship Program based 
     solely on merit, with appropriate supervision from the 
     Department of State and the American Institute in Taiwan; and
       (iii) prioritize the selection of candidates willing to 
     serve in a fellowship lasting 1 year or longer.
       (B) First year.--The implementing partner should provide 
     each fellow in the first year (or shorter duration, as 
     jointly determined by the Department of State and the 
     American Institute in Taiwan for those who are not serving a 
     2-year fellowship) with--
       (i) intensive Mandarin Chinese language training; and
       (ii) courses in the politics, culture, and history of 
     Taiwan, China, and the broader Indo-Pacific.
       (C) Waiver of first-year training.--The Department of 
     State, in coordination with the American Institute in Taiwan 
     and, as appropriate, the implementing partner, may waive any 
     of the training required under paragraph (2) to the extent 
     that a fellow has Mandarin language skills, knowledge of the 
     topic described in subparagraph (B)(ii), or for other related 
     reasons approved by the Department of State and the American 
     Institute in Taiwan. If any of the training requirements are 
     waived for a fellow serving a 2-year fellowship, the training 
     portion of his or her fellowship may be shortened to the 
     extent appropriate.
       (D) Office; staffing.--The implementing partner, in 
     consultation with the Department of State and the American 
     Institute in Taiwan, may maintain an office and at least 1 
     full-time staff member in Taiwan--
       (i) to liaise with the American Institute in Taiwan and the 
     government in Taiwan; and
       (ii) to serve as the primary in-country point of contact 
     for the recipients of fellowships under this division and 
     their dependents.
       (E) Other functions.--The implementing partner may perform 
     other functions in association with support of the Taiwan 
     Fellowship Program, including logistical and administrative 
     functions, as prescribed by the Department of State and the 
     American Institute in Taiwan.
       (4) Noncompliance.--
       (A) In general.--Any fellow who fails to comply with the 
     requirements under this section shall reimburse the American 
     Institute in Taiwan, or the appropriate United States 
     Government agency for--
       (i) the Federal funds expended for the fellow's 
     participation in the fellowship, as set forth in paragraphs 
     (2) and (3); and
       (ii) interest accrued on such funds (calculated at the 
     prevailing rate).
       (B) Full reimbursement.--Any fellow who violates paragraph 
     (1) or (2) of subsection (b) shall reimburse the American 
     Institute in Taiwan, or the appropriate United States 
     Government agency, in an amount equal to the sum of--
       (i) all of the Federal funds expended for the fellow's 
     participation in the fellowship; and
       (ii) interest on the amount specified in subparagraph (A), 
     which shall be calculated at the prevailing rate.
       (C) Pro rata reimbursement.--Any fellow who violates 
     subsection (b)(3) shall reimburse the American Institute in 
     Taiwan, or the appropriate United States Government agency, 
     in an amount equal to the difference between--
       (i) the amount specified in paragraph (2); and
       (ii) the product of--

       (I) the amount the fellow received in compensation during 
     the final year of the fellowship, including the value of any 
     allowances and benefits received by the fellow; multiplied by
       (II) the percentage of the period specified in subsection 
     (b)(3) during which the fellow did not remain employed by the 
     Federal Government.

     SEC. 5606. REPORTS AND AUDITS.

       (a) Annual Report.--Not later than 90 days after the 
     selection of the first class of fellows under this title, and 
     annually thereafter for 7 years, the Department of State 
     shall offer to brief the appropriate committees of Congress 
     regarding the following issues:
       (1) An assessment of the performance of the implementing 
     partner in fulfilling the purposes of this division.
       (2) The names and sponsoring agencies of the fellows 
     selected by the implementing partner and the extent to which 
     such fellows represent the diversity of the United States.
       (3) The names of the parliamentary offices, ministries, 
     other agencies of the government in Taiwan, and 
     nongovernmental institutions to which each fellow was 
     assigned during the second year of the fellowship.
       (4) Any recommendations, as appropriate, to improve the 
     implementation of the Taiwan Fellowship Program, including 
     added flexibilities in the administration of the program.
       (5) An assessment of the Taiwan Fellowship Program's value 
     upon the relationship

[[Page S5852]]

     between the United States and Taiwan or the United States and 
     Asian countries.
       (b) Annual Financial Audit.--
       (1) In general.--The financial records of any implementing 
     partner shall be audited annually in accordance with 
     generally accepted government auditing standards by 
     independent certified public accountants or independent 
     licensed public accountants who are certified or licensed by 
     a regulatory authority of a State or another political 
     subdivision of the United States.
       (2) Location.--Each audit under paragraph (1) shall be 
     conducted at the place or places where the financial records 
     of the implementing partner are normally kept.
       (3) Access to documents.--The implementing partner shall 
     make available to the accountants conducting an audit under 
     paragraph (1)--
       (A) all books, financial records, files, other papers, 
     things, and property belonging to, or in use by, the 
     implementing partner that are necessary to facilitate the 
     audit; and
       (B) full facilities for verifying transactions with the 
     balances or securities held by depositories, fiscal agents, 
     and custodians.
       (4) Report.--
       (A) In general.--Not later than 9 months after the end of 
     each fiscal year, the implementing partner shall provide a 
     report of the audit conducted for such fiscal year under 
     paragraph (1) to the Department of State and the American 
     Institute in Taiwan.
       (B) Contents.--Each audit report shall--
       (i) set forth the scope of the audit;
       (ii) include such statements, along with the auditor's 
     opinion of those statements, as may be necessary to present 
     fairly the implementing partner's assets and liabilities, 
     surplus or deficit, with reasonable detail;
       (iii) include a statement of the implementing partner's 
     income and expenses during the year; and
       (iv) include a schedule of--

       (I) all contracts and cooperative agreements requiring 
     payments greater than $5,000; and
       (II) any payments of compensation, salaries, or fees at a 
     rate greater than $5,000 per year.

       (C) Copies.--Each audit report shall be produced in 
     sufficient copies for distribution to the public.

     SEC. 5607. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.

       (a) In General.--
       (1) Detail authorized.--With the approval of the Secretary 
     of State, an agency head may detail, for a period of not more 
     than 2 years, an employee of the agency of the United States 
     Government who has been awarded a fellowship under this 
     title, to the American Institute in Taiwan for the purpose of 
     assignment to the government in Taiwan or an organization 
     described in section 5605(d)(2)(B).
       (2) Agreement.--Each detailee shall enter into a written 
     agreement with the Federal Government before receiving a 
     fellowship, in which the fellow shall agree--
       (A) to continue in the service of the sponsoring agency at 
     the end of fellowship for a period of at least 4 years (or at 
     least 2 years if the fellowship duration is 1 year or 
     shorter) unless the detailee is involuntarily separated from 
     the service of such agency; and
       (B) to pay to the American Institute in Taiwan, or the 
     United States Government agency, as appropriate, any 
     additional expenses incurred by the Federal Government in 
     connection with the fellowship if the detailee voluntarily 
     separates from service with the sponsoring agency before the 
     end of the period for which the detailee has agreed to 
     continue in the service of such agency.
       (3) Exception.--The payment agreed to under paragraph 
     (2)(B) may not be required from a detailee who leaves the 
     service of the sponsoring agency to enter into the service of 
     another agency of the United States Government unless the 
     head of the sponsoring agency notifies the detailee before 
     the effective date of entry into the service of the other 
     agency that payment will be required under this subsection.
       (b) Status as Government Employee.--A detailee--
       (1) is deemed, for the purpose of preserving allowances, 
     privileges, rights, seniority, and other benefits, to be an 
     employee of the sponsoring agency;
       (2) is entitled to pay, allowances, and benefits from funds 
     available to such agency, which is deemed to comply with 
     section 5536 of title 5, United States Code; and
       (3) may be assigned to a position with an entity described 
     in section 5605(d)(2)(A) if acceptance of such position does 
     not involve--
       (A) the taking of an oath of allegiance to another 
     government; or
       (B) the acceptance of compensation or other benefits from 
     any foreign government by such detailee.
       (c) Responsibilities of Sponsoring Agency.--
       (1) In general.--The Federal agency from which a detailee 
     is detailed should provide the fellow allowances and benefits 
     that are consistent with Department of State Standardized 
     Regulations or other applicable rules and regulations, 
     including--
       (A) a living quarters allowance to cover the cost of 
     housing in Taiwan;
       (B) a cost of living allowance to cover any possible higher 
     costs of living in Taiwan;
       (C) a temporary quarters subsistence allowance for up to 7 
     days if the fellow is unable to find housing immediately upon 
     arriving in Taiwan;
       (D) an education allowance to assist parents in providing 
     the fellow's minor children with educational services 
     ordinarily provided without charge by public schools in the 
     United States;
       (E) moving expenses to transport personal belongings of the 
     fellow and his or her family in their move to Taiwan, which 
     is comparable to the allowance given for American Institute 
     in Taiwan employees assigned to Taiwan; and
       (F) an economy-class airline ticket to and from Taiwan for 
     each fellow and the fellow's immediate family.
       (2) Modification of benefits.--The American Institute in 
     Taiwan and its implementing partner, with the approval of the 
     Department of State, may modify the benefits set forth in 
     paragraph (1) if such modification is warranted by fiscal 
     circumstances.
       (d) No Financial Liability.--The American Institute in 
     Taiwan, the implementing partner, and any government in 
     Taiwan or nongovernmental entities in Taiwan at which a 
     fellow is detailed during the second year of the fellowship 
     may not be held responsible for the pay, allowances, or any 
     other benefit normally provided to the detailee.
       (e) Reimbursement.--Fellows may be detailed under 
     subsection (a)(1) without reimbursement to the United States 
     by the American Institute in Taiwan.
       (f) Allowances and Benefits.--Detailees may be paid by the 
     American Institute in Taiwan for the allowances and benefits 
     listed in subsection (c).

     SEC. 5608. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the American Institute in Taiwan--
       (1) for fiscal year 2023, $2,900,000, of which--
       (A) $500,000 shall be used to launch the Taiwan Fellowship 
     Program through a competitive cooperative agreement with an 
     appropriate implementing partner;
       (B) $2,300,000 shall be used to fund a cooperative 
     agreement with an appropriate implementing partner; and
       (C) $100,000 shall be used for management expenses of the 
     American Institute in Taiwan related to the management of the 
     Taiwan Fellowship Program; and
       (2) for fiscal year 2024, and each succeeding fiscal year, 
     $2,400,000, of which--
       (A) $2,300,000 shall be used for a cooperative agreement to 
     the appropriate implementing partner; and
       (B) $100,000 shall be used for management expenses of the 
     American Institute in Taiwan related to the management of the 
     Taiwan Fellowship Program.
       (b) Private Sources.--The implementing partner selected to 
     implement the Taiwan Fellowship Program may accept, use, and 
     dispose of gifts or donations of services or property in 
     carrying out such program, subject to the review and approval 
     of the American Institute in Taiwan.

     SEC. 5609. STUDY AND REPORT.

       Not later than one year prior to the sunset of the 
     fellowship program under section 605(f), the Comptroller 
     General of the United States shall conduct a study and submit 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House a report that 
     includes--
       (1) an analysis of the United States Government 
     participants in this program, including the number of 
     applicants and the number of fellowships undertaken, the 
     place of employment, and an assessment of the costs and 
     benefits for participants and for the United States 
     Government of such fellowships;
       (2) an analysis of the financial impact of the fellowship 
     on United States Government offices which have provided 
     fellows to participate in the program; and
       (3) recommendations, if any, on how to improve the 
     fellowship program.

     SEC. 5610. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE 
                   PROGRAMS WITH TAIWAN.

       (a) Establishment of the United States-Taiwan Cultural 
     Exchange Foundation.--The Secretary of State should consider 
     establishing an independent nonprofit entity that--
       (1) is dedicated to deepening ties between the future 
     leaders of Taiwan and the future leaders of the United 
     States; and
       (2) works 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.
       (b) Partner.--State and local school districts and 
     educational institutions, including public universities, are 
     encouraged to partner with the Taipei Economic and Cultural 
     Representative Office in the United States to establish 
     programs to promote more educational and cultural exchanges.

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 5701. 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

[[Page S5853]]

     under the United States-Taiwan Trade and Investment Framework 
     Agreement and reach a bilateral free trade agreement that 
     provides high levels of labor rights and environmental 
     protections;
       (3) the United States Government should invite Taiwan to 
     participate in bilateral and multilateral military training 
     exercises;
       (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
       (5) the United States Government should support export 
     licenses for direct commercial sales supporting Taiwan's 
     indigenous defensive capabilities.

     SEC. 5702. 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 for the following 5 years, the Secretary of State, 
     in accordance with the Taiwan Travel Act (Public Law 115-
     135), shall submit to the appropriate congressional 
     committees--
       (1) a list of high-level officials from the United States 
     Government who have traveled to Taiwan; and
       (2) a list of high-level officials of Taiwan who 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 for a 
     period of 5 years, the Secretary of State shall submit a 
     report on the implementation of the Taiwan Travel Act, 
     including a discussion of its positive effects on United 
     States interests in the region, to the appropriate 
     congressional committees.

     SEC. 5703. 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 and the Chinese 
     Communist Party to compel private United States businesses, 
     corporations, and nongovernmental entities to use language 
     mandated by the People's Republic of China (referred to in 
     this section as the ``PRC'') to describe the relationship 
     between Taiwan and the PRC are an illegitimate attempt to 
     enforce political censorship globally.
       (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, and otherwise coordinate on, 
     interacting with the Government of the PRC and the Chinese 
     Communist Party and their affiliated entities, the aim of 
     which is--
       (1) to counter PRC operations that 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 PRC Government 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 Against Recognizing the People's Republic 
     of China's 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;
       (B) the dispute between the PRC and Taiwan must be resolved 
     peacefully and with the assent of the people of Taiwan;
       (C) the 2 key obstacles to peaceful resolution are--
       (i) 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
       (ii) the PRC's pursuit of coercion and aggression towards 
     Taiwan, in potential violation of the third United States-PRC 
     Joint Communique, which was completed on August 17, 1982;
       (D) any attempt to coerce or force 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 the 
     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.
       (d) Strategy To Protect United States Businesses and 
     Nongovernmental Entities From Coercion.--
       (1) In general.--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, on how to protect United 
     States businesses and nongovernmental entities from PRC 
     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.
       (2) Elements.--The strategy shall include--
       (A) information regarding efforts by the PRC Government to 
     censor the websites of United States airlines, hotels, and 
     other businesses regarding the relationship between Taiwan 
     and the PRC;
       (B) information regarding efforts by the PRC Government to 
     target United States nongovernmental entities through 
     operations intended to weaken support for Taiwan;
       (C) information regarding 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 such threat; and
       (D) details of any actions undertaken to create the code of 
     conduct described in subsection (b), including a timetable 
     for the implementation of such code of conduct.

     SEC. 5704. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL 
                   PROTECTION AND ENHANCEMENT INITIATIVE (TAIPEI) 
                   ACT OF 2019.

       The Taiwan Allies International Protection and Enhancement 
     Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is 
     amended--
       (1) in section 2(5), by striking ``and Kiribati'' and 
     inserting ``Kiribati, and Nicaragua,'';
       (2) in section 4--
       (A) in the matter preceding paragraph (1), by striking 
     ``should be'' and inserting ``is'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) to support Taiwan's diplomatic relations with other 
     governments and countries.''; and
       (3) in section 5--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``and'' at the end;
       (ii) in paragraph (3), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(4) identify why governments and countries have altered 
     their diplomatic status vis-a-vis Taiwan and make 
     recommendations to mitigate further deterioration in Taiwan's 
     diplomatic relations with other governments and countries.'';
       (B) in subsection (b), by striking ``1 year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Secretary of State shall report'' and 
     inserting ``90 days after the date of the enactment of the 
     Taiwan Policy Act of 2022, and annually thereafter for a 
     period of 7 years, the Secretary of State shall submit an 
     unclassified report, with a classified annex,'';
       (C) by redesignating subsection (c) as subsection (d); and
       (D) by inserting after subsection (b) the following:
       ``(c) Briefings.--Not later than 90 days after the date of 
     the enactment of the Taiwan Policy Act of 2022, and annually 
     thereafter for a period of 7 years, the Department of State 
     shall provide briefings to the appropriate congressional 
     committees on the steps taken in accordance with section (a). 
     The briefings required under this subsection shall take place 
     in an unclassified setting, but may be accompanied by an 
     additional classified briefing.''.

     SEC. 5705. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S 
                   NUCLEAR THREAT IN ESCALATION DYNAMICS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit to Congress a report 
     assessing the role of the increasing nuclear threat of the 
     People's Republic of China in escalation dynamics with 
     respect to Taiwan.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 5706. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR 
                   AGAINST UKRAINE ON THE OBJECTIVES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO 
                   TAIWAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit a report to the 
     appropriate congressional committees that analyzes the impact 
     of Russia's war against Ukraine on the PRC's diplomatic, 
     military, economic, and propaganda objectives with respect to 
     Taiwan.
       (b) Elements.--The report required under subsection (a) 
     shall describe--
       (1) adaptations or known changes to PRC strategies and 
     military doctrine since the commencement of the Russian 
     invasion of Ukraine on February 24, 2022, including changes--
       (A) to PRC behavior in international forums;
       (B) within the People's Liberation Army, with respect to 
     the size of forces, the makeup of leadership, weapons 
     procurement, equipment upkeep, the doctrine on the use of 
     specific weapons, such as weapons banned under the 
     international law of armed conflict, efforts to move weapons 
     supply chains onto mainland PRC, or any other changes in its 
     military strategy with respect to Taiwan;

[[Page S5854]]

       (C) in economic planning, such as sanctions evasion, 
     efforts to minimize exposure to sanctions, or moves in 
     support of the protection of currency or other strategic 
     reserves;
       (D) to propaganda, disinformation, and other information 
     operations originating in the PRC; and
       (E) to the PRC's strategy for the use of force against 
     Taiwan, including any information on preferred scenarios or 
     operations to secure its objectives in Taiwan, adjustments 
     based on how the Russian military has performed in Ukraine, 
     and other relevant matters;
       (2) United States' plans to adapt its policies and military 
     planning in response to the changes referred to in paragraph 
     (1).
       (c) Form.--The report required under subsection (a) shall 
     be submitted in classified form.
       (d) Coordination With Allies and Partners.--The Secretary 
     of State shall share information contained in the report 
     required under subsection (a), as appropriate, with 
     appropriate officials of allied and partner nations, 
     including Taiwan and allies in Europe and in the Indo-
     Pacific.
       (e) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Select Committee on Intelligence of the Senate;
       (5) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (6) the Committee on Foreign Affairs of the House of 
     Representatives;
       (7) the Committee on Armed Services of the House of 
     Representatives;
       (8) the Committee on Appropriations of the House of 
     Representatives;
       (9) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (10) the Committee on Financial Services of the House of 
     Representatives.

     SEC. 5707. STABILITY ACROSS THE TAIWAN STRAIT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) United States engagement with Taiwan should include 
     actions, activities, and programs that mutually benefit the 
     United States and Taiwan such as--
       (A) people-to-people exchanges;
       (B) bilateral and multilateral economic cooperation; and
       (C) assisting Taiwan's efforts to participate in 
     international institutions;
       (2) the United States should pursue new engagement 
     initiatives with Taiwan, such as--
       (A) enhancing cooperation on science and technology;
       (B) joint infrastructure development in third countries;
       (C) renewable energy and environmental sustainability 
     development; and
       (D) investment screening coordination;
       (3) the United States should expand its financial support 
     for the Global Cooperation and Training Framework, and 
     encourage like-minded countries to co-sponsor workshops, to 
     showcase Taiwan's capacity to contribute to solving global 
     challenges in the face of the Government of the PRC's 
     campaign to isolate Taiwan in the international community;
       (4) to advance the goals of the April 2021 Department of 
     State guidance expanding unofficial United States-Taiwan 
     contacts, the United States, Taiwan, and Japan should aim to 
     host Global Cooperation and Training Framework workshops 
     timed to coincide with plenaries and other meetings of 
     international organizations;
       (5) the United States should support efforts to engage 
     regional counterparts in Track 1.5 and Track 2 dialogues on 
     the stability across the Taiwan Strait, which are important 
     for increasing strategic awareness amongst all parties and 
     the avoidance of conflict;
       (6) bilateral confidence-building measures and crisis 
     stability dialogues between the United States and the PRC are 
     important mechanisms for maintaining deterrence and stability 
     across the Taiwan Strait and should be prioritized; and
       (7) the United States and the PRC should prioritize the use 
     of a fully operational military crisis hotline to provide a 
     mechanism for the leadership of the two countries to 
     communicate directly in order to quickly resolve 
     misunderstandings that could lead to military escalation.
       (b) Authorization of Appropriations for the Global 
     Cooperation and Training Framework.--There are authorized to 
     be appropriated for the Global Cooperation and Training 
     Framework under the Economic Support Fund authorized under 
     section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2346), $6,000,000 for each of the fiscal years 2022 through 
     2025, which may be expended for trainings and activities that 
     increase Taiwan's economic and international integration.
       (c) Supporting Confidence Building Measures and Stability 
     Dialogues.--
       (1) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, shall submit an unclassified report, with a 
     classified annex, to the appropriate congressional committees 
     that includes--
       (A) a description of all military-to-military dialogues and 
     confidence-building measures between the United States and 
     the PRC during the 10-year period ending on the date of the 
     enactment of this Act;
       (B) a description of all bilateral and multilateral 
     diplomatic engagements with the PRC in which cross-Strait 
     issues were discussed during such 10-year period, including 
     Track 1.5 and Track 2 dialogues;
       (C) a description of the efforts in the year preceding the 
     submission of the report to conduct engagements described in 
     subparagraphs (A) and (B); and
       (D) a description of how and why the engagements described 
     in subparagraphs (A) and (B) have changed in frequency or 
     substance during such 10-year period.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for the Department of State, and, as 
     appropriate, the Department of Defense, no less than 
     $2,000,000 for each of the fiscal years 2022 through 2025, 
     which shall be used to support existing Track 1.5 and Track 2 
     strategic dialogues facilitated by independent nonprofit 
     organizations in which participants meet to discuss cross-
     Strait stability issues.

   TITLE VIII--DETERRENCE MEASURES FOR CROSS-STRAIT STABILITY AND TO 
    IMPOSE COSTS ON THE PEOPLE'S REPUBLIC OF CHINA FOR UNILATERALLY 
       CHANGING OR ATTEMPTING TO CHANGE THE STATUS QUO OF TAIWAN

     SEC. 5801. DEFINITIONS.

       In this title:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given such 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives.
       (3) CCP.--The term ``CCP'' means the Chinese Communist 
     Party.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given such term in 
     regulations prescribed by the Secretary of the Treasury.
       (6) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person had 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) People's liberation army; pla.--The terms ``People's 
     Liberation Army'' and ``PLA'' mean the armed forces of the 
     People's Republic of China.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 5802. DETERMINATIONS WITH RESPECT TO ACTIVITIES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA AGAINST TAIWAN.

       (a) In General.--The President shall determine, in 
     accordance with subsection (b), whether--
       (1) the Government of the People's Republic of China, the 
     Chinese Communist Party, or any proxy, or person or entity 
     under the control of or acting at the direction thereof, is 
     knowingly engaged in a significant escalation in aggression, 
     including overt or covert military activity, in or against 
     Taiwan, compared to the level of aggression in or against 
     Taiwan on or after the date of the enactment of this Act; and
       (2) if such engagement exists, whether such escalation 
     demonstrates an attempt to achieve or has the significant 
     effect of achieving the physical or political control of 
     Taiwan, including by--
       (A) overthrowing or dismantling the governing institutions 
     in Taiwan;
       (B) occupying any territory controlled or administered by 
     Taiwan as of the date of the enactment of this Act;
       (C) violating the territorial integrity of Taiwan; or
       (D) taking significant action against Taiwan, including--
       (i) creating a naval blockade of Taiwan;
       (ii) seizing the outer lying islands of Taiwan; or
       (iii) initiating a significant cyber attack that threatens 
     the civilian or military infrastructure of Taiwan.
       (b) Timing of Determinations.--The President shall make the 
     determination described in subsection (a)--
       (1) not later than 15 days after the date of the enactment 
     of this Act;
       (2) after the first determination under paragraph (1), not 
     less frequently than once every 90 days (or more frequently, 
     if warranted) during the 1-year period beginning on such date 
     of enactment; and

[[Page S5855]]

       (3) after the end of such 1-year period, not less 
     frequently than once every 120 days.
       (c) Report Required.--Upon making a determination described 
     in subsection (a), the President shall submit a report 
     describing the factors influencing such determination to the 
     appropriate committees of Congress.
       (d) Congressional Requests.--Not later than 30 days after 
     receiving a request from the chairman and ranking member of 
     the Committee on Foreign Relations of the Senate or the 
     Committee on Foreign Affairs of the House of Representatives 
     with respect to whether the People's Republic of China or the 
     Chinese Communist Party, including through any proxies of the 
     People's Republic of China or the Chinese Communist Party, 
     has engaged in an act described in subsection (a), the 
     President shall--
       (1) determine if the People's Republic of China or the 
     Chinese Communist Party has engaged in such an act; and
       (2) submit a report to the appropriate committees of 
     Congress that contains a detailed explanation of such 
     determination.

     SEC. 5803. IMPOSITION OF SANCTIONS ON OFFICIALS OF THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 
                   RELATING TO OPERATIONS IN TAIWAN.

       (a) Defined Term.--In this section, the term ``top 
     decision-making bodies'' may include--
       (1) the CCP Politburo Standing Committee;
       (2) the CCP Party Central Military Commission;
       (3) the CCP Politburo;
       (4) the CCP Central Committee;
       (5) the CCP National Congress;
       (6) the State Council of the People's Republic of China; 
     and
       (7) the State Central Military Commission of the CCP.
       (b) In General.--Not later than 60 days after making an 
     affirmative determination under section 5802(a), the 
     President shall impose the sanctions described in section 
     5807 with respect to at least 100 officials of the Government 
     of the People's Republic of China specified in subsection 
     (c), to the extent such officials can be identified.
       (c) Officials Specified.--The officials specified in this 
     subsection shall include--
       (1) senior civilian and military officials of the People's 
     Republic of China and military officials who have command or 
     clear and direct decision-making power over military 
     campaigns, military operations, and military planning against 
     Taiwan conducted by the People's Liberation Army;
       (2) senior civilian and military officials of the People's 
     Republic of China who have command or clear and direct 
     decision-making power in the Chinese Coast Guard and the 
     Chinese People's Armed Police and are engaged in planning or 
     implementing activities that involve the use of force against 
     Taiwan;
       (3) senior or special advisors to the President of the 
     People's Republic of China;
       (4) officials of the Government of the People's Republic of 
     China who are members of the top decision-making bodies of 
     that Government;
       (5) the highest-ranking Chinese Communist Party members of 
     the decision-making bodies referred to in paragraph (4); and
       (6) officials of the Government of the People's Republic of 
     China in the intelligence agencies or security services who--
       (A) have clear and direct decisionmaking power; and
       (B) have engaged in or implemented activities that--
       (i) materially undermine the military readiness of Taiwan;
       (ii) overthrow or decapitate the Taiwan's government;
       (iii) debilitate Taiwan's electric grid, critical 
     infrastructure, or cybersecurity systems through offensive 
     electronic or cyber attacks;
       (iv) undermine Taiwan's democratic processes through 
     campaigns to spread disinformation; or
       (v) involve committing serious human rights abuses against 
     citizens of Taiwan, including forceful transfers, enforced 
     disappearances, unjust detainment, or torture.
       (d) Additional Officials.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 5802(a) and every 90 
     days thereafter, the President shall submit a list to the 
     appropriate committees of Congress that identifies any 
     additional foreign persons who--
       (A) the President determines are officials specified in 
     subsection (c); and
       (B) who were not included on any previous list of such 
     officials.
       (2) Imposition of sanctions.--Upon the submission of the 
     list required under paragraph (1), the President shall impose 
     the sanctions described in section 5807 with respect to each 
     foreign person included on the list.

     SEC. 5804. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
                   INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Joint-equity bank.--The term ``joint-equity bank'' 
     means a bank under the jurisdiction of the People's Republic 
     of China in which--
       (A) the bank's equity is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (2) National joint-stock commercial bank.--The term 
     ``national joint-stock commercial bank'' means a bank under 
     the jurisdiction of the People's Republic of China in which--
       (A) the bank's stock is owned jointly by the shareholders; 
     and
       (B) the Government of the People's Republic of China holds 
     an interest.
       (3) National state-owned policy bank.--The term ``national 
     state-owned policy bank'' means a bank that--
       (A) is incorporated in the People's Republic of China; and
       (B) was established by the Government of the People's 
     Republic of China to advance investments in specific policy 
     domains that advance the interests and goals of the People's 
     Republic of China.
       (b) In General.--
       (1) In general.--Not later than 30 days after making an 
     affirmative determination under section 5802(a), the 
     President shall impose the sanctions described in section 
     5807(a) with respect to--
       (A) at least 5 state-owned banks in the People's Republic 
     of China, including at least 3 of the largest state-owned 
     banks.
       (B) at least 3 national joint-stock commercial banks in the 
     People's Republic of China;
       (C) at least 3 national state-owned policy banks in the 
     People's Republic of China;
       (D) at least 3 joint-equity banks or other commercial banks 
     in the People's Republic of China; and
       (E) entities that regulate the banking sector of the 
     People's Republic of China, or major financial asset 
     management companies regulated by the Government of the 
     People's Republic of China.
       (2) Subsidiaries and successor entities.--The President may 
     impose the sanctions described in section 5807 with respect 
     to any subsidiary of, or successor entity to, a financial 
     institution specified in paragraph (1).
       (c) Additional People's Republic of China Financial 
     Institutions.--
       (1) List required.--Not later than 30 days after making an 
     affirmative determination under section 5802(a), and every 90 
     days thereafter, the President shall submit a list to the 
     appropriate committees of Congress that identifies any 
     foreign persons that the President determines--
       (A) are significant financial institutions owned or 
     operated by the Government of the People's Republic of China; 
     and
       (B) should be sanctioned in the interest of United States 
     national security.
       (2) Imposition of sanctions.--Upon the submission of each 
     list required under paragraph (1), the President shall impose 
     the sanctions described in section 5807 with respect to each 
     foreign person identified on such list.

     SEC. 5805. REPORTING REQUIREMENT.

       (a) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (3) the Committee on Armed Services of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on Financial Services of the House of 
     Representatives; and
       (6) the Committee on Armed Services of the House of 
     Representatives.
       (b) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and every 90 days thereafter for a 
     period of 3 years, the President shall submit to the 
     appropriate congressional committees a report that includes 
     information, if any, regarding the officials specified in 
     section 5803(b) and the entities specified in section 5804(b) 
     that could be relevant to making a determination under 
     section 5802(a).
       (c) Form.--Each report required under subsection (b) shall 
     be submitted in classified form.

     SEC. 5806. ADDITIONAL SANCTIONS.

       (a) In General.--Beginning on the date that is 90 days 
     after the date of the enactment of this Act, the President 
     shall impose the sanctions described in section 5807 on any 
     foreign person that the President determines, while acting 
     for or on behalf of the Government of the People's Republic 
     of China, knowingly--
       (1) ordered or engaged directly in activities interfering 
     significantly in a democratic process in Taiwan; or
       (2) with the objective of destabilizing Taiwan, engaged 
     directly in, or ordered--
       (A) malicious, offensive cyber-enabled activities 
     targeting--
       (i) the Government or armed forces of Taiwan; or
       (ii) the critical infrastructure, including military, 
     industrial, or financial infrastructure of Taiwan;
       (B) significant economic practices intended to coerce or 
     intimidate--
       (i) the government in Taiwan; or
       (ii) businesses, academic, or civil society institutions 
     located in Taiwan; or
       (C) military activities that are designed to intimidate the 
     armed forces of Taiwan or that seek to normalize a coercive 
     military posture and sustained presence by the People's 
     Liberation Army in the Taiwan Strait.
       (b) Waiver.--The President may waive the application of 
     sanctions under subsection (a) if the President submits to 
     the appropriate committees of Congress a written 
     determination that such waiver is in the national interests 
     of the United States.

[[Page S5856]]

  


     SEC. 5807. SANCTIONS DESCRIBED.

       (a) Property Blocking.--Except as provided in section 5809, 
     the President shall exercise all of the powers granted by the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in all property and interests in property of the 
     foreign person if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (b) Aliens Inadmissible for Visas, Admission, or Parole.--
       (1) Visas, admission, or parole.--In the case of an alien, 
     the alien is--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Current visas revoked.--
       (A) In general.--The visa or other entry documentation of 
     an alien described in paragraph (1) shall be revoked, 
     regardless of when such visa or other entry documentation was 
     issued.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall--
       (i) take effect immediately; and
       (ii) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

     SEC. 5808. IMPLEMENTATION; REGULATIONS; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this title.
       (b) Rulemaking.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this title.
       (c) Penalties.--Any person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     title, or any regulation, license, or order issued to carry 
     out this title, shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.

     SEC. 5809. EXCEPTIONS; WAIVER.

       (a) Exceptions.--
       (1) Exception for intelligence activities.--This title 
     shall not apply with respect to--
       (A) activities subject to the reporting requirements under 
     title V of the National Security Act of 1947 (50 U.S.C. 3091 
     et seq.); or
       (B) authorized intelligence activities of the United 
     States.
       (2) Exception for compliance with international obligations 
     and law enforcement activities.--Sanctions under this title 
     shall not apply with respect to an alien if admitting or 
     paroling such alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) Defined term.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (B) In general.--Notwithstanding any other provision of 
     this title, the authority or a requirement to impose 
     sanctions under this title shall not include the authority or 
     a requirement to impose sanctions on the importation of 
     goods.
       (b) National Security Waiver.--The President may waive the 
     imposition of sanctions based on a determination under 
     section 5802(a) with respect to a person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits a notification of the waiver and the reasons 
     for the waiver to the appropriate committees of Congress.

     SEC. 5810. TERMINATION.

       The President may terminate the sanctions imposed under 
     this title based on a determination under section 5802(a), 
     after determining and certifying to the appropriate 
     committees of Congress that the Government of the People's 
     Republic of China--
       (1) has verifiably ceased the activities described in 
     section 5802(a) with respect to operations against Taiwan; 
     and
       (2) to the extent applicable, has entered into an agreed 
     settlement with a legitimate democratic government in Taiwan.

        TITLE IX--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION

     SEC. 5901. SHORT TITLE.

       This title may be cited as the ``United States-Taiwan 
     Public Health Protection Act''.

     SEC. 5902. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--For the purposes 
     of this title, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Center.--The term ``Center'' means the Infectious 
     Disease Monitoring Center described in section 5903.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 5903. STUDY.

       (a) Study.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Health and Human Services and the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the relevant congressional committees a study that 
     includes the following:
       (1) A description of ongoing cooperation between the United 
     States Government and Taiwan related to public health, 
     including disease surveillance, information sharing, and 
     telehealth.
       (2) A description how the United States and Taiwan can 
     promote further cooperation, including the feasibility of 
     establishing an Infectious Disease Monitoring Center within 
     the American Institute of Taiwan in Taipei, Taiwan that, in 
     partnership with the Taiwan Centers for Disease Control, 
     conducts health monitoring of infectious diseases in the 
     region by--
       (A) regularly monitoring, analyzing, and disseminating 
     open-source material from countries in the region, including 
     viral strains, bacterial subtypes, and other pathogens;
       (B) engaging in people-to-people contacts with medical 
     specialists and public health officials in the region;
       (C) providing expertise and information on infectious 
     diseases to the United States Government and the Taiwanese 
     government; and
       (D) carrying out other appropriate activities, as 
     determined by the Director of the Center.
       (b) Elements.--The study required by subsection (a) shall 
     include--
       (1) a plan on how to establish and operate such a Center, 
     including--
       (A) the personnel, material, and funding requirements 
     necessary to establish and operate the Center; and
       (B) the proposed structure and composition of Center 
     personnel, which may include--
       (i) infectious disease experts from among the National 
     Institutes of Health, the Centers for Disease Control and 
     Prevention, and the Food and Drug Administration, who are 
     recommended to serve as detailees to the Center; and
       (ii) additional qualified persons to serve as detailees to 
     or employees of the Center, including--

       (I) from any other relevant Federal department or agencies, 
     to include the Department of State and the United States 
     Agency for International Development;
       (II) qualified foreign service nationals or locally engaged 
     staff who are considered citizens of Taiwan; and
       (III) employees of the Taiwan Centers for Disease Control;

       (2) an evaluation, based on the factors in paragraph (1), 
     of whether to establish the Center, and a timeline for doing 
     so; and
       (3) a description of any consultations or agreements 
     between the American Institute in Taiwan and the Taipei 
     Economic and Cultural Representative Office in the United 
     States regarding the establishment and operation of the 
     Center, including--
       (A) the role that employees of the Taiwan Centers for 
     Disease Control would play in supporting or coordinating with 
     the Center; and
       (B) whether any employees of the Taiwan Centers for Disease 
     Control would be detailed to, or co-located with, the Center.
       (c) Consultation.--The Secretary of State shall consulate 
     with the appropriate congressional committees before full 
     completion of the study.
       (d) Submission.--The Secretary of State, in coordination 
     with the Secretary of Health and Human Services, shall submit 
     the study to the appropriate congressional committees not 
     later than one year after the enactment of this Act.

     SEC. 5904. INFECTIOUS DISEASE MONITORING CENTER.

       (a) Establishment.--The Secretary, in consultation with the 
     Secretary of Health and Human Services and the heads of other 
     relevant Federal departments and agencies, is authorized to 
     establish an Infectious Disease Monitoring Center under the 
     auspices of the American Institute in Taiwan in Taipei, 
     Taiwan, when the conditions outlined in subsection (b) have 
     been met.
       (b) Conditions.--The conditions for establishment of an 
     Infectious Disease Monitoring Center within under the 
     auspices of the American Institute in Taiwan in Taipei, 
     Taiwan, are--
       (1) that the study required in section 5903 has been 
     submitted to the appropriate congressional committees; and
       (2) not later than 30 days after the submission of the 
     study, the Secretary of State and the Secretary of Health and 
     Human Services have briefed the appropriate congressional 
     committees;

[[Page S5857]]

       (c) Partnership.--Should the Secretary determine to 
     establish the Center, the American Institute in Taiwan should 
     seek to partner with the Taiwan Centers for Disease Control 
     to conduct health monitoring of infectious diseases in the 
     region by--
       (1) regularly monitoring, analyzing, and disseminating 
     open-source material from countries in the region, including 
     viral strains, bacterial subtypes, and other pathogens;
       (2) engaging in people-to-people contacts with medical 
     specialists and public health officials in the region;
       (3) providing expertise and information on infectious 
     diseases to the Government of the United States and the 
     Taiwanese government; and
       (4) carrying out other appropriate activities, as 
     determined by the Director of the Center.
       (d) Updates.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall provide an 
     annual update the appropriate congressional committees on the 
     functioning and costs of the Center, if established, as well 
     as an assessment of how the Center is serving United States 
     interests.

       TITLE X--SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS ACT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``South China Sea and East 
     China Sea Sanctions Act of 2022''.

     SEC. 6002. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 120 days after the date of the enactment of this Act, 
     the President may impose the sanctions described in 
     subsection (b) with respect to any Chinese person, including 
     any senior official of the Government of the People's 
     Republic of China, that the President determines--
       (1) is responsible for or significantly contributes to 
     large-scale reclamation, construction, militarization, or 
     ongoing supply of outposts in disputed areas of the South 
     China Sea;
       (2) is responsible for or significantly contributes to, or 
     has engaged in, directly or indirectly, actions, including 
     the use of coercion, to inhibit another country from 
     protecting its sovereign rights to access offshore resources 
     in the South China Sea, including in such country's exclusive 
     economic zone, consistent with such country's rights and 
     obligations under international law;
       (3) is responsible for or complicit in, or has engaged in, 
     directly or indirectly, actions that significantly threaten 
     the peace, security, or stability of disputed areas of the 
     South China Sea or areas of the East China Sea administered 
     by Japan or the Republic of Korea, including through the use 
     of vessels and aircraft by the People's Republic of China to 
     occupy or conduct extensive research or drilling activity in 
     those areas;
       (4) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3); or
       (5) is owned or controlled by, or has acted for or on 
     behalf of, directly or indirectly, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3).
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a person described in subsection (a) are the 
     following:
       (1) Blocking of property.--The President may, in accordance 
     with the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.), block and prohibit all transactions in 
     all property and interests in property of the person if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an alien, 
     the alien may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subparagraph (A) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) may--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the alien's possession.

       (3) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the person.
       (4) Export sanction.--The President may order the United 
     States Government not to issue any specific license and not 
     to grant any other specific permission or authority to export 
     any goods or technology to the person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (B) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (5) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (6) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing equity 
     or debt instruments of the person.
       (7) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the person.
       (8) Correspondent and payable-through accounts.--In the 
     case of a foreign financial institution, the President may 
     prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by the 
     foreign financial institution.
       (c) Exceptions.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (3) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success, June 26, 1947, and entered into 
     force, November 21, 1947, between the United Nations and the 
     United States.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (e) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Person.--The term ``person'' means any individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction

[[Page S5858]]

     within the United States, including a foreign branch of such 
     an entity; or
       (C) any person in the United States.

     SEC. 6003. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA AS PART 
                   OF CHINA.

       It is the sense of Congress that the Government Publishing 
     Office should not publish any map, document, record, 
     electronic resource, or other paper of the United States 
     (other than materials relating to hearings held by committees 
     of Congress or internal work product of a Federal agency) 
     portraying or otherwise indicating that it is the position of 
     the United States that the territory or airspace in the South 
     China Sea that is disputed among two or more parties or the 
     territory or airspace of areas administered by Japan or the 
     Republic of Korea, including in the East China Sea, is part 
     of the territory or airspace of the People's Republic of 
     China.

     SEC. 6004. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF 
                   ARBITRATION'S TRIBUNAL RULING ON ARBITRATION 
                   CASE BETWEEN PHILIPPINES AND PEOPLE'S REPUBLIC 
                   OF CHINA.

       (a) Finding.--Congress finds that on July 12, 2016, a 
     tribunal of the Permanent Court of Arbitration found in the 
     arbitration case between the Philippines and the People's 
     Republic of China under the United Nations Convention on the 
     Law of the Sea that the People's Republic of China's claims, 
     including those to offshore resources and ``historic 
     rights'', were unlawful, and that the tribunal's ruling is 
     final and legally binding on both parties.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States and the international community 
     should reject the unlawful claims of the People's Republic of 
     China within the exclusive economic zone or on the 
     continental shelf of the Philippines, as well as the maritime 
     claims of the People's Republic of China beyond a 12-
     nautical-mile territorial sea from the islands it claims in 
     the South China Sea;
       (2) the provocative behavior of the People's Republic of 
     China, including coercing other countries with claims in the 
     South China Sea and preventing those countries from accessing 
     offshore resources, undermines peace and stability in the 
     South China Sea;
       (3) the international community should--
       (A) support and adhere to the ruling described in 
     subsection (a) in compliance with international law; and
       (B) take all necessary steps to support the rules-based 
     international order in the South China Sea; and
       (4) all claimants in the South China Sea should--
       (A) refrain from engaging in destabilizing activities, 
     including illegal occupation or efforts to unlawfully assert 
     control over disputed claims;
       (B) ensure that disputes are managed without intimidation, 
     coercion, or force;
       (C) clarify or adjust claims in accordance with 
     international law; and
       (D) uphold the principle that territorial and maritime 
     claims, including over territorial waters or territorial 
     seas, must be derived from land features and otherwise 
     comport with international law.

     SEC. 6005. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE 
                   SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE 
                   EAST CHINA SEA.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 3 years after such date of enactment, the 
     Secretary of State shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report identifying each 
     country that the Secretary determines has taken an official 
     and stated position to recognize, after such date of 
     enactment, the sovereignty of the People's Republic of China 
     over territory or airspace disputed by one or more countries 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (c) Public Availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.

                    TITLE XI--RULES OF CONSTRUCTION

     SEC. 6101. RULE OF CONSTRUCTION.

       Nothing in this division may be construed--
       (1) to restore diplomatic relations with the Republic of 
     China; or
       (2) to alter the United States Government's position with 
     respect to the international status of the Republic of China.

     SEC. 6102. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY 
                   FORCE.

       Nothing in this division may be construed as authorizing 
     the use of military force or the introduction of United 
     States forces into hostilities.
                                 ______