[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.
______