[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6546-S6553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6447. Mr. REED (for Mr. Menendez) submitted an amendment intended
to be proposed to amendment SA 5499 proposed by Mr. Reed (for himself
and Mr. Inhofe) to the bill H.R. 7900, to authorize appropriations for
fiscal year 2023 for military activities of the Department of Defense
and 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 appropriate place insert the following:
DIVISION F--MATTERS RELATED TO TAIWAN
SEC. 10001. SHORT TITLE.
This division may be cited as ``Matters Related to
Taiwan''.
TITLE I--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 10101. 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, consistent with the Taiwan Relations Act
(Public Law 96-8).
(b) 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.), a purpose
of the Foreign Military Financing Program should be to
provide assistance, including equipment, training, and other
support, to build the civilian and defensive military
capabilities of Taiwan--
(1) to accelerate the modernization of self-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 blockade Taiwan; or
(C) to secure a lodgment on any islands administered by
Taiwan 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 Taiwan's civilian and defense
leadership.
(c) Regional Contingency Stockpile.--Of the amounts
authorized to be appropriated pursuant to subsection (g), 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 10002), in accordance with section
514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h),
as amended by section 10002.
(d) Availability of Funds.--
(1) Annual spending plan.--Not later than March 1, 2023,
and annually thereafter, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a
plan to the appropriate committees of Congress describing how
amounts authorized to be appropriated pursuant to subsection
(g), if made available, would be used to achieve the purpose
described in subsection (b).
(2) Certification.--
(A) In general.--Amounts authorized to be appropriated for
each fiscal year pursuant to subsection (g) are authorized to
be made available after the Secretary of State, in
coordination with the Secretary of Defense, certifies not
less than annually to the appropriate committees of Congress
that Taiwan has increased its defense spending relative to
Taiwan's defense spending in its prior fiscal year, which may
include support for an asymmetric strategy, 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).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of Defense,
certifies to the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on Armed Services of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives that for any given year--
(i) Taiwan is unable to increase its defense spending
relative to its defense spending in its prior fiscal year due
to severe hardship; and
(ii) making available the amounts authorized under
subparagraph (A) is in the national interests of the United
States.
(3) Remaining funds.--Amounts authorized to be appropriated
for a fiscal year pursuant to subsection (g) 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.
(e) 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;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Initial report.--Concurrently with the first
certification required under subsection (d)(2), 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;
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(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;
(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 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 in 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) Subsequent reports.--Concurrently with subsequent
certifications required under subsection (d)(2), the
Secretary of State and the Secretary of Defense shall jointly
submit updates to the initial report required under paragraph
(2) that provides a description of changes and developments
that occurred in the prior year.
(5) Form.--The reports required under paragraphs (2) and
(4) shall be submitted in classified form, but shall include
a detailed unclassified summary.
(6) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share the unclassified
summary required under paragraph (5) with Taiwan, as
appropriate.
(f) 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 is authorized to
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 (g) 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 (g) 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 authorized to be
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.
(g) 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 up to $2,000,000,000 for each of the fiscal
years 2023 through 2027.
(2) Training and education.--Of the amounts authorized to
be appropriated under paragraph (1), the Secretary of State
should use not less than $2,000,000 per fiscal year for one
or more blanket order Foreign Military Financing training
programs related to the defense needs of Taiwan.
(3) Direct commercial contracting.--Of the amounts
authorized to be appropriated under paragraph (1), the
Secretary of State may utilize such funds for the procurement
of defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act (22 U.S.C. 2751
et seq.).
(4) Offshore procurement.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made
available for Taiwan, not more than 15 percent made available
for each fiscal year may be available for the procurement by
Taiwan in Taiwan of defense articles and defense services,
including research and development, as agreed by the United
States and Taiwan.
(h) Sunset Provision.--Assistance may not be provided under
this section after September 30, 2032.
SEC. 10102. 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. 2321h(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 of munitions and other appropriate defense articles.
(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-
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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. 10103. INTERNATIONAL MILITARY EDUCATION AND TRAINING
COOPERATION WITH TAIWAN.
The Secretary of State is authorized to provide training
and education to relevant entities in Taiwan through the
International Military Education and Training program (22
U.S.C. 2347 et seq).
SEC. 10104. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended ,
insert the following paragraph:
``(3) In addition to amounts already specified in this
section, the President may direct the drawdown of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training, of an aggregate value of not to
exceed $1,000,000,000 per fiscal year, to be provided to
Taiwan.''.
(b) Emergency Authority.--In section 552(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348a(c)), insert at the
end the following: ``In addition to the aggregate value of
$25,000,000 authorized in paragraph (2) of the preceding
sentence, the President may direct the drawdown of
commodities and services from the inventory and resources of
any agency of the United States Government for the purposes
of providing necessary and immediate assistance to Taiwan of
a value not to exceed $25,000,000 in any fiscal year.''.
SEC. 10105. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS
OF MILITARY FORCES OF TAIWAN AND MODIFICATION
OF ANNUAL REPORT ON TAIWAN MILITARY
CAPABILITIES AND INTELLIGENCE SUPPORT.
(a) Multi-year Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall engage for the purposes of
establishing a joint consultative mechanism with appropriate
officials of Taiwan to develop and implement a multi-year
plan to provide for the acquisition of appropriate defensive
capabilities by Taiwan and to engage with Taiwan in a series
of combined training, exercises, and planning activities
consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.).
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An identification of the defensive military capability
gaps and capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to aggression by
the People's Liberation Army or other actors from the
People's Republic of China; and
(B) advance a strategy of denial, reduce the threat of
conflict, thwart an invasion, and mitigate other risks to the
United States and Taiwan.
(2) An assessment of the relative priority assigned by
appropriate departments and agencies of Taiwan to include its
military to address such capability gaps and capacity
shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity
shortfalls.
(4) A description and justification of the relative
importance of overcoming each identified capability gap and
capacity shortfall for deterring, delaying, or defeating
military aggression by the People's Republic of China;
(5) An assessment of--
(A) the capability gaps and capacity shortfalls that could
be addressed in a sufficient and timely manner by Taiwan; and
(B) the capability gaps and capacity shortfalls that are
unlikely to be addressed in a sufficient and timely manner
solely by Taiwan.
(6) An assessment of the capability gaps and capacity
shortfalls described in paragraph (5)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Foreign Military Financing, Foreign Military Sales,
and Direct Commercial Sales programs of the Department of
State;
(B) Department of Defense security assistance authorized by
chapter 16 of title 10, United States Code;
(C) Department of State training and education programs
authorized by chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318);
(E) the provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.); or
(F) any other authority available to the Secretary of
Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement
with other countries that could assist in addressing in a
sufficient and timely manner the capability gaps and capacity
shortfalls identified pursuant to paragraph (1).
(8) An identification of opportunities to build
interoperability, combined readiness, joint planning
capability, and shared situational awareness between the
United States, Taiwan, and other foreign partners and allies,
as appropriate, through combined training, exercises, and
planning events, including--
(A) table-top exercises and wargames that allow operational
commands to improve joint and combined planning for
contingencies involving a well-equipped adversary in a
counter-intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability
of combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a well-
equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges posed by
a well-equipped adversary in a counter-intervention campaign;
and
(E) any other combined training, exercises, or planning
with Taiwan's military forces that the Secretary of Defense
and Secretary of State consider relevant.
(9) An identification of options for the United States to
use, to the maximum extent practicable, existing authorities
or programs to expedite military assistance to Taiwan in the
event of a crisis or conflict, including--
(A) a list of defense articles of the United States that
may be transferred to Taiwan during a crisis or conflict;
(B) a list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis or
conflict;
(C) an assessment of methods that could be used to deliver
such assistance to Taiwan during a crisis or conflict,
including--
(i) the feasibility of employing such methods in different
scenarios; and
(ii) recommendations for improving the ability of the Armed
Forces to deliver such assistance to Taiwan; and
(D) an assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict and
recommendations for addressing such challenges.
(c) Recurrence.--The joint consultative mechanism required
in subsection (a) shall convene on a recurring basis and not
less than annually.
SEC. 10106. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN
MILITARY SALES PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 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, the Arms
Transfer and Technology Release Senior Steering Group, and
other appropriate entities, 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) 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.
(B) Rule of construction.--Nothing in this Act shall be
construed to supersede congressional notification
requirements as required by the Arms Export Control Act (22
U.S.C. 2751 et. seq.).
(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) 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. 10107. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND
UNITED STATES ALLIES IN THE INDO-PACIFIC.
(a) Report Required.--Not later than March 1, 2023, and
annually thereafter for a period of 5 years, the Secretary of
State, in coordination with 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)).
(b) Elements.--The report required under subsection (a)
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,
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the Philippines, Thailand, 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 and prioritize deliveries of defense
articles and services to Taiwan, including--
(A) a description of 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;
(B) 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;
and
(C) 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).
(c) 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.
(d) Form.--The report required under subsection (b) shall
be submitted in unclassified form but may include a
classified annex.
SEC. 10108. 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, 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; and
(D) other defense 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) Sharing of Report.--The assessment required by
subsection (a) shall be shared with appropriate officials
Taiwan to facilitate cooperation.
SEC. 10109. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY
CAPABILITIES AND INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1988) is
amended to read as follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND
INTELLIGENCE SUPPORT.
``(a) In General.--The Secretary of State and the Secretary
of Defense, in coordination with the heads of other relevant
Federal departments and agencies, shall jointly each year
through fiscal year 2027, consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), perform
an annual assessment of security matters related to Taiwan,
including intelligence matters, Taiwan's defensive military
capabilities, and how defensive shortcomings or
vulnerabilities of Taiwan could be mitigated through
cooperation, modernization, or integration. At a minimum, the
assessment shall include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to Taiwan
from China, including exercises, patrols, and presence
intended to intimidate or coerce Taiwan; and
``(B) irregular warfare activities, including influence
operations, conducted by China to interfere in or undermine
the peace and stability of the Taiwan Strait.
``(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional
and irregular military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the
United States and its allies and partners.
``(4) The plans, tactics, techniques, and procedures
underpinning an effective defense strategy for Taiwan,
including how addressing identified capability gaps and
capacity shortfalls will improve the effectiveness of such
strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of
Taiwan's military capabilities identified pursuant to this
section.
``(6) With respect to materiel capabilities and capacities
the Secretary of Defense and Secretary of State jointly
assess to be most effective in deterring, defeating, or
delaying military aggression by the People's Republic of
China, a prioritized list of capability gaps and capacity
shortfalls of the military forces of Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or partner country
defense production timeline challenge related to potential
materiel and solutions to such capability gaps;
``(ii) the associated investment costs of enabling expanded
production for items currently at maximum production;
``(iii) the associated investment costs of, or mitigation
strategies for, enabling export for items currently not
exportable; and
``(iv) existing stocks of such capabilities in the United
States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or co-
production;
``(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through--
``(i) the transfer of intellectual property; and
``(ii) co-development or co-production arrangements;
``(D) the estimated costs, expressed in a range of options,
of procuring sufficient capabilities and capacities to
address such gaps and shortfalls;
``(E) an assessment of the relative priority assigned by
appropriate officials of Taiwan to each such gap and
shortfall; and
``(F) a detailed explanation of the extent to which Taiwan
is prioritizing the development, production, or fielding of
solutions to
[[Page S6550]]
such gaps and shortfalls within its overall defense budget.
``(7) The applicability of Department of State and
Department of Defense authorities for improving the defensive
military capabilities of Taiwan in a manner consistent with
the Taiwan Relations Act.
``(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity
with Taiwan over the past year.
``(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past
year.
``(10) With respect to each to training and exercises --
``(A) a description of each such instance over the past
year;
``(B) a description of how each such instance--
``(i) sought to achieve greater interoperability, improved
readiness, joint planning capability, and shared situational
awareness between the United States and Taiwan, or among the
United States, Taiwan, and other countries;
``(ii) familiarized the militaries of the United States and
Taiwan with each other; and
``(iii) improved Taiwan's defense capabilities.
``(11) A description of the areas and means through which
the United States is assisting and support training,
exercises, and assistance to support Taiwan's requirements
related to civilian defense and resilience, and how the
United States is seeking to assist Taiwan in addressing any
critical gaps where capacity falls short of meeting such
requirements, including those elements identified in the
assessment required by [section 10100 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023].
``(12) An assessment of the implications of current levels
of pre-positioned war reserve materiel on the ability of the
United States to respond to a crisis or conflict involving
Taiwan with respect to--
``(A) providing military or non-military aid to Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific
region.
``(13) An assessment of the current intelligence,
surveillance, and reconnaissance capabilities of Taiwan,
including any existing gaps in such capabilities and
investments in such capabilities by Taiwan since the
preceding report.
``(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region
since the preceding report.
``(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of
State shall jointly develop a plan for assisting Taiwan in
improving its defensive military capabilities and addressing
vulnerabilities identified pursuant to subsection (a) that
includes--
``(1) recommendations, if any, for new Department of State
or Department of Defense authorities, or modifications to
existing Department of State or Department of Defense
authorities, necessary to improve the defensive military
capabilities of Taiwan in a manner consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
``(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside
the Department of Defense and the Department of State to
improve the defensive capabilities of Taiwan in accordance
with the Taiwan Relations Act.
``(c) Report.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
fiscal year 2027, the Secretary of State and the Secretary of
Defense shall jointly submit to the appropriate committees of
Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and implement the
joint multi-year plan required under section 10007 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 to provide for the acquisition of appropriate
defensive military capabilities by Taiwan and to engage with
Taiwan in a series of combined training and planning
activities consistent with the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.); and
``(B) any other matters the Secretary considers necessary.
``(d) Form.--The reports required by subsection (c) shall
be submitted in unclassified form, but may include a
classified annex.
``(e) Appropriate Committees of Congress Defined.--The term
`appropriate committees of Congress' means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
TITLE II--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND
INFLUENCE CAMPAIGNS
SEC. 10201. 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, in coordination
with the Director of National Intelligence, 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 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 Taiwan's public
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 Taiwan's ability to develop a
holistic 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; and
(4) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese
Communist Party's propaganda.
SEC. 10202. 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 180 days after the date of
the enactment of this Act, 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 response, including 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.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
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 Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10203. 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 and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations 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;
[[Page S6551]]
(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 United States Agency for Global Media.
(viii) 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;
(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.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of enactment of this Act.
TITLE III--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 10301. 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 committees of Congress 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).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
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 Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10302. 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,
[[Page S6552]]
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 and the
Secretary of Transportation, 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 to the Committee
on Foreign Relations and the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Foreign
Affairs and Committee on Energy and Commerce of the House of
Representatives an unclassified report 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 IV--MISCELLANEOUS PROVISIONS
SEC. 10401. 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 committees of
Congress--
(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.--
(1) In general.--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 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 committees
of Congress.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
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 Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 10402. 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
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 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
Matters Related to Taiwan, and annually thereafter for the
following 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 Matters Related to Taiwan, and annually
thereafter for the following 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. 10403. 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 the appropriate
congressional committees 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.
(c) Appropriate Congressional Committees Defined.--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 Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 10404. 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;
(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
[[Page S6553]]
under subsection (a), as appropriate, with appropriate
officials of allied and partners, including Taiwan and other
partners 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.
TITLE V--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 10501. SHORT TITLE.
This title may be cited as ``United States-Taiwan Public
Health Protection Act''.
SEC. 10502. 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 Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Energy and Commerce of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center'' means the Infectious
Disease Monitoring Center described in section 10503.
SEC. 10503. STUDY.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Health and Human Services, in consultation with
the heads of other relevant Federal departments and agencies,
shall submit to appropriate 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 public health activities supported by the United
States in Taiwan.
(2) A description how the United States and Taiwan can
promote further cooperation and expand public health
activities, including the feasibility and utility of
establishing an Infectious Disease Monitoring Center within
the American Institute of Taiwan in Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate open-source
material from countries in the region, including viral
strains, bacterial subtypes, and other pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry 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 such a Center would be established and
operationalized, 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 the Department of
Health and Human Services, 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
(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 and the Secretary
of Health and Human Services shall consult with the
appropriate congressional committees before full completion
of the study.
TITLE VI--RULES OF CONSTRUCTION
SEC. 10601. 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. 10602. 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.
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