[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

[[Page S3076]]

     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.
                                 ______