[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3075-S3077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 898. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Taiwan Peace Through Strength Act of 2023
SEC. 1299O. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Peace through
Strength Act of 2023''.
SEC. 1299P. ANTICIPATORY POLICY PLANNING AND ANNUAL REVIEW OF
UNITED STATES WAR PLANS TO DEFEND TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall conduct a classified review of
United States war plans to defend Taiwan and share the
results of the review with the Chairman and Ranking Member of
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(b) Elements.--The review conducted under subsection (a)
shall include the following elements:
(1) An assessment of Taiwan's current and near-term
capabilities and United State force readiness and the
adequacy of United States conflict contingency plans.
(2) A comprehensive assessment of risks to the United
States and United States interests, including readiness
shortfalls that pose strategic risk.
(3) A review of indicators of the near-term likelihood of
the use of force by the People's Liberation Army against
Taiwan.
(4) The compilation of a pre-approved list of military
capabilities, including both asymmetric and traditional
capabilities selected to suit the operational environment and
to allow Taiwan to respond effectively to a variety of
contingencies across all phases of conflict involving the
People's Liberation Army, that the Secretary of Defense has
pre-cleared for Taiwan to acquire, and that would reduce the
threat of conflict, thwart an invasion, and mitigate other
risks to the United States and Taiwan.
SEC. 1299Q. 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 relevant coordinating
entities, such as the National Disclosure Policy Committee
and the Arms Transfer and Technology Release Senior Steering
Group, shall--
(A) compile and submit to the relevant congressional
committees a list of available and emerging military
platforms, technologies, and equipment; and
(B) upon listing such platforms, technologies, and
equipment, pre-clear and prioritize for sale and release to
Taiwan through the Foreign Military Sales program such
platforms, technologies, and equipment.
(2) Selection of items.--The items pre-cleared for sale
pursuant to paragraph (1)--
(A) shall represent a full-range of asymmetric capabilities
as well as the conventional capabilities informed by United
States readiness and risk assessments and determined by
Taiwan to be required for various wartime scenarios and
peacetime duties; and
(B) shall include each item on the list of approved items
compiled by the Secretary of Defense pursuant to section
1299P(b)(4).
(3) Exception.--The Secretary of State may exclude an item
from the list described in paragraph (1)(A) if the Secretary
of State submits to the appropriate congressional committees
a determination that the costs of providing such items,
including the potential costs of technology slippage, exceeds
the costs to the United States of failing to arm Taiwan with
such items, including the likelihood of being drawn into
conflict with the People's Republic of China.
(4) Rule of construction.--The list compiled pursuant to
section 1299P(b)(4) 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.
(5) Final determination of disputes.--The Department of
Defense shall serve as the lead Federal agency for purposes
of making final determinations when disputes arise between
agencies about the appropriateness of specific items for sale
to Taiwan.
(b) Prioritized Processing of Foreign Military Sales
Requests From Taiwan.--
(1) Requirement.--The Secretary of Defense and the
Secretary of State shall
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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 Defense determines and
certifies to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives that the threat to Taiwan has significantly
abated.
(3) 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 Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report describing
steps taken to implement the requirement under paragraph (1).
(c) Priority Production.--
(1) Requirement.--The Secretary of Defense shall require
that contractors awarded Department of Defense contracts to
provide items for sale to Taiwan under the Foreign Military
Sales program shall, as a condition of receiving such
contracts, expedite and prioritize the production of such
items above the production of other Foreign Military Sales
items regardless of the order in which contracts were signed.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of Defense determines and
certifies to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives that the threat to Taiwan has significantly
abated.
(3) Annual report.--Contractors covered under paragraph (1)
shall be required to report annually to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on efforts to
expedite and prioritize production as required under such
paragraph.
(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 and prioritization provisions
of this section.
SEC. 1299R. AMENDMENTS TO TAIWAN RELATIONS ACT.
(a) Policy.--Section 2(b)(5) of the Taiwan Relations Act
(22 U.S.C. 3301(b)(5)) is amended by striking ``arms of a
defensive character'' and inserting ``arms conducive to the
deterrence of acts of aggression by the People's Liberation
Army''.
(b) Provision of Defense Articles and Services.--Section
3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is
amended by striking ``such defense articles and defense
services in such quantity as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability'' and
inserting ``such defense articles and defense services in
such quantity as may be necessary to enable Taiwan to
implement a strategy to deter acts of aggression by the
People's Liberation Army and to deny an invasion of Taiwan by
the People's Liberation Army''.
(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 new subsection:
``(e) Security Cooperation and Deterrence of Use of Force
by People's Liberation Army.--Nothing in this Act, nor the
facts of the President's action in extending diplomatic
recognition to the People's Republic of China, the absence of
diplomatic relations between the people of Taiwan and the
United States, or the lack of formal recognition by the
United States, and attendant circumstances thereto, shall 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.''.
SEC. 1299S. MILITARY PLANNING MECHANISM.
The Secretary of Defense shall establish a high-level
military planning mechanism between the United States and
Taiwan to oversee a Joint and Combined Exercise Program and
coordinate International Military Education and Training
assistance and professional exchanges aimed at determining
and coordinating the acquisition of capabilities for both
United States and Taiwan military forces to address the needs
of currently anticipated and future contingencies. The
mechanism may be modeled after the Joint United States
Military Advisory Group Thailand, or any such similar
existing arrangement, as determined by the Secretary of
Defense.
SEC. 1299T. PROHIBITION ON DOING BUSINESS IN CHINA.
(a) Requirement.--The Secretary of Defense shall require
any contractor awarded a Department of Defense contract, as a
condition of receiving such contract, not to conduct any
business in the People's Republic of China with any entity
that is owned by or controlled by the Government of the
People's Republic of China or the Chinese Communist Party, or
any subsidiary of such a company.
(b) Determination of Noncompliance.--If the Secretary of
Defense determines that a Department of Defense contractor is
noncompliant with the requirement in subsection (a)--
(1) such noncompliance shall be considered grounds for
termination of the contract; and
(2) the Secretary of Defense shall terminate the contract.
SEC. 1299U. TAIWAN CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the ``Taiwan Critical Munitions Acquisition Fund'' (in this
section referred to as the ``Fund'').
(b) Purpose.--Subject to the availability of
appropriations, amounts in the Fund shall be made available
by the Secretary of Defense--
(1) to ensure that adequate stocks of critical munitions
necessary for a denial defense are available to allies and
partners of the United States in advance of a potential
operation to defend the autonomy and territory of Taiwan; and
(2) to finance the acquisition of critical munitions
necessary for a denial defense in advance of the transfer of
such munitions to foreign countries for such a potential
operation.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary of Defense may also use amounts
made available to the Fund--
(1) to keep on continuous order munitions that the
Secretary of Defense considers critical due to a reduction in
current stocks as a result of the drawdown of stocks provided
to the government of one or more foreign countries; or
(2) with the concurrence of the Secretary of State, to
procure munitions identified as having a high-use rate.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of offer (or
transfers made under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.)) of munitions acquired using amounts
made available from the Fund pursuant to this section,
representing the value of such items calculated, as
applicable, in accordance with--
(i) subparagraph (B) or (C) of section 21(a)(1) of the Arms
Export Control Act (22 U.S.C. 2761(a)(1));
(ii) section 22 of the Arms Export Control Act (22 U.S.C.
2762); or
(iii) section 644(m) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(m)).
(B) Such amounts as may be appropriated pursuant to the
authorization under this section or otherwise made available
for the purposes of the Fund.
(C) Not more than $2,000,000,000 may be transferred to the
Fund for any fiscal year, in accordance with subsection (e),
from amounts authorized to be appropriated for the Department
of Defense in such amounts as the Secretary of Defense
determines necessary to carry out the purposes of this
section, which shall remain available until expended. The
transfer authority provided under this subparagraph is in
addition to any other transfer authority available to the
Secretary of Defense.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the Secretary
of Defense may accept contributions of amounts to the Fund
from any foreign government or international organization.
Any amounts so accepted shall be credited to the Taiwan
Critical Munitions Acquisition Fund and shall be available
for use as authorized under subsection (b).
(B) Limitation.--The Secretary of Defense may not accept a
contribution under this paragraph if the acceptance of the
contribution would compromise, or appear to compromise, the
integrity of any program of the Department of Defense.
(C) Notification.--If the Secretary of Defense accepts any
contribution under this paragraph, the Secretary shall notify
the appropriate committees of Congress. The notice shall
specify the source and amount of any contribution so accepted
and the use of any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary of Defense submits to the
appropriate committees of Congress--
(A) notice in writing of the amount and purpose of the
proposed transfer; and
(B) in the case of an authorization pursuant to subsection
(f)(1)(A), a description of the manner in which the use of
critical munitions is necessary to meet national defense
requirements.
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this section,
until the date that is 15 days after the date on which the
Secretary of Defense notifies the appropriate committees of
Congress in writing of the amount and purpose of the proposed
purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary of
Defense notifies the appropriate committees of Congress in
writing of the proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by the
Secretary of Defense using amounts made available from the
Fund pursuant to this section may be transferred to any
foreign country unless such transfer is
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authorized by the Arms Export Control Act (22 U.S.C. 2751 et
seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), or other applicable law, except as follows:
(A) The Secretary of Defense, with the concurrence of the
Secretary of State, may authorize the use by the Department
of Defense of munitions acquired under this section prior to
transfer to a foreign country, if such use is necessary to
meet national defense requirements and the Department bears
the costs of replacement and transport, maintenance, storage,
and other such associated costs of such munitions.
(B) Except as required by subparagraph (A), amounts made
available to the Fund may be used to pay for storage,
maintenance, and other costs related to the storage,
preservation, and preparation for transfer of munitions
acquired under this section prior to their transfer, and the
administrative costs of the Department of Defense incurred in
the acquisition of such items, to the extent such costs are
not eligible for reimbursement pursuant to section 43(b) of
the Arms Export Control Act (22 U.S.C. 2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may be used
pursuant to this section unless the President--
(i) certifies to the appropriate committees of Congress
that the Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export Control Act (22
U.S.C. 2795 et seq.) cannot be used to fulfill the same
functions and objectives for which such amounts to be made
available from the Fund are to be used; and
(ii) includes in such certification a justification for the
certification, which may be included in a classified annex,
if necessary.
(B) Nondelegation.--The President may not delegate any
responsibility of the President under subparagraph (A).
(g) Termination.--The authority for the Fund under this
section shall expire on December 31, 2040.
(h) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1299V. INCREASING PRODUCTION CAPACITY FOR WEAPONS FOR
UNITED STATES STOCKPILES.
(a) Report Requirement Relating to Increase in Contracted
Entities.--Section 222c(e) of title 10, United States Code,
as amended by section 1701(c) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by adding at the end the
following new paragraph:
``(4) Steps taken to increase the number of entities
contracted to supply each class of weapons described in
section 1705(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
in order to produce redundancy in the supply of such
weapons.''.
(b) Modification to Quarterly Briefings on Replenishment
and Revitalization of Weapons Provided to Ukraine and
Taiwan.--Section 1703 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in the section heading, by inserting ``and taiwan''
after ``ukraine'';
(2) in subsection (a), by inserting ``, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives'' after
``congressional defense committees'';
(3) in subsection (d)(2), by inserting ``or Taiwan'' after
``Ukraine'';
(4) in subsection (e), by striking ``December 31, 2026''
and inserting ``December 31, 2040''; and
(5) by striking subsection (f) and inserting the following:
``(f) Covered System.--In this section, the term `covered
system' means--
``(1) any system provided to the Government of Ukraine or
the Government of Taiwan pursuant to--
``(A) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318); or
``(B) section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364);
``(2) any system provided to the Government of Ukraine
pursuant to the Ukraine Security Assistance Initiative
established under section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
including as amended by this Act, if such system was provided
to Ukraine after February 24, 2022; or
``(3) any system provided to the Government of Taiwan--
``(A) pursuant to section 5502(b) of this Act; or
``(B) that is necessary for a denial defense of Taiwan.''.
(c) Assessment on Expanding National Technology and
Industrial Base.--Section 222d(b) of title 10, United States
Code, as added by section 1701(d)(1) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263), is amended by adding at the end the
following new paragraph:
``(13) An assessment of the feasibility and advisability of
expanding the national technology and industrial base (as
defined in section 4801 of this title) to include entities
outside of the United States, Canada, the United Kingdom, New
Zealand, Israel, and Australia in order to increase the
number of suppliers of weapons described in section 1705(c)
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), with particular
attention to member states of the North Atlantic Treaty
Organization, treaty allies of the United States in the Indo-
Pacific, and members of the Quadrilateral Security
Dialogue.''.
(d) Minimum Annual Production Levels.--The Secretary of
Defense shall include minimum annual production levels for
weapons described in section 1705(c) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263) in any contract for the procurement of
such weapons entered into on or after the date of the
enactment of this Act.
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