[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4129 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4129
To promote peace through strength in Taiwan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2022
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To promote peace through strength in Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Peace through Strength Act of
2022''.
SEC. 2. 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 detailed strategy of denial to defend Taiwan against
aggression by the People's Liberation Army, especially an
attempted fait accompli to seize and hold the island.
(3) A comprehensive assessment of risks to the United
States and United States interests, including readiness
shortfalls that pose strategic risk.
(4) A review of indicators of the near-term likelihood of
the use of force by the People's Liberation Army against
Taiwan.
(5) 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. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES
PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense and in conjunction with coordinating entities such as
the National Disclosure Policy Committee and the Arms Transfer
and Technology Release Senior Steering Group, shall compile a
list of available and emerging military platforms,
technologies, and equipment that are pre-cleared and
prioritized for sale and release to Taiwan through the Foreign
Military Sales program. 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.
(2) Selection of items.--
(A) In general.--The items pre-cleared for sale
pursuant to paragraph (1) shall represent a full range
of key 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 shall include each item on the
list of approved items compiled by the Secretary of
Defense pursuant to section 2(b)(5) unless the
Secretary of State includes a determination for any
excluded item that the costs to the United States of
the failure to arm Taiwan with such item, including the
likelihood of being drawn into conflict with the
People's Republic of China, are less likely to be
incurred, and would be less costly if incurred, than
the potential costs, such as technology slippage,
associated with providing such item.
(B) Rule of construction.--The list compiled
pursuant to section 2(b)(5) 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) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of Defense and the
Secretary of State 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 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.--Contractors awarded Department of Defense
contracts to provide items for sale to Taiwan under the Foreign
Military Sales program shall be required, as a condition of
receiving such contracts, to expedite and prioritize the
production of such items above the production of other 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. 4. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN MILITARY FINANCING
GRANT ASSISTANCE TO TAIWAN.
(a) Taiwan Security Programs.--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 the
exclusive purpose of Taiwan Foreign Military Finance grant assistance
programs $2,000,000,000 for each of fiscal years 2023 to 2032.
(b) Restrictions on Taiwan Foreign Military Financing.--Amounts
authorized to be appropriated under subsection (a) shall be available
only if--
(1) Taiwan commits to match the appropriated spending on a
dollar-for-dollar basis, as reflected in Taiwan's annual
allocation for defense spending and special budgets passed by
the Legislative Yuan for additional defense spending;
(2) Taiwan focuses on the acquisition of asymmetric
capabilities consistent with a strategy of denial while also
modernizing sufficient conventional capabilities to respond to
a variety of contingencies across all phases of conflict,
including grey zone activities, and execute essential peacetime
missions; and
(3) the United States and Taiwan formally agree--
(A) to conduct joint long-range planning for
capability development; and
(B) on the expenditure of such amounts and on
specific, pre-cleared systems and training that reduce
risk to Taiwan and the United States by deterring the
People's Liberation Army.
(c) Updated Interagency Policy and Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense shall review and update interagency
written policy and implementation guidance related to the
Taiwan Relations Act (Public Law 96-8).
(2) Elements.--The updated policy and guidance required
under paragraph (1) shall--
(A) reflect the Foreign Military Sales
prioritization requirements under section 3; and
(B) update obsolete policy guidance based on ``arms
of a defensive character'' to a policy based on
deterring the People's Liberation Army, including the
provision of arms designed to deter an invasion,
whether arms of a defensive or offensive nature.
SEC. 5. 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 of denial and deter acts of aggression 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. 6. COMPREHENSIVE TRAINING PROGRAM.
(a) In General.--The Secretary of Defense shall establish a
comprehensive training program with Taiwan designed to achieve
interoperability and improve Taiwan's defense capabilities. The
training program should include joint United States-Taiwan contingency
tabletop exercises, war games, full-scale military exercises, and an
enduring rotational United States military advisory group large enough
to ensure Taiwan maintains force readiness and can fully utilize United
States technologies released through the Foreign Military Sales and
Foreign Military Financing programs.
(b) 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 on the establishment and implementation of the
comprehensive training program required under subsection (a).
SEC. 7. 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. 8. PROHIBITION ON DOING BUSINESS IN CHINA.
Any contractor awarded a Department of Defense contract shall be
required, as a condition of receiving such contract, not to conduct any
business in the People's Republic of China. Noncompliance with such
requirement shall be grounds for termination of the contract.
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