[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4331 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4331

To require a plan on emergency military assistance to Taiwan and other 
  support to Taiwan's defensive capabilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2022

Ms. Duckworth (for herself, Ms. Rosen, Mr. Tillis, Mr. Blumenthal, Mrs. 
Fischer, and Mr. Wicker) introduced the following bill; which was read 
         twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require a plan on emergency military assistance to Taiwan and other 
  support to Taiwan's defensive capabilities, 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 ``Strengthen Taiwan's Security Act of 
2022''.

SEC. 2. ANNUAL REPORT ON THE ABILITY OF THE UNITED STATES TO SUPPORT 
              DEFENSIVE CAPABILITIES OF TAIWAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter through fiscal year 
2027, the Secretary of Defense shall submit to the appropriate 
committees of Congress, a report on the ability of the United States to 
support the defensive capabilities of Taiwan.
    (b) Elements.--
            (1) In general.--The elements described in this paragraph 
        are the following:
                    (A) 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 natural 
                disaster in or military invasion of Taiwan, with 
                respect to--
                            (i) providing military or nonmilitary aid 
                        to the Government of Taiwan; and
                            (ii) sustaining military installations and 
                        other infrastructure of the United States in 
                        the Indo-Pacific region.
                    (B) An evaluation of the use by the United States 
                Government of privileges available with respect to 
                Taiwan under the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.), including war reserve stockpiles 
                for allies and pre-positioned facilities.
                    (C) An assessment of ways the United States 
                Government could employ such privileges to support the 
                defensive capabilities of Taiwan in the event of a 
                military invasion.
                    (D) An assessment of the current intelligence, 
                surveillance, and reconnaissance capabilities of Taiwan 
                and any existing gaps in such capabilities.
                    (E) An evaluation of options to enhance such 
                capabilities, that includes for each such option--
                            (i) a description of--
                                    (I) the gaps addressed;
                                    (II) the resources required for 
                                implementation; and
                                    (III) the potential constraints 
                                with respect to implementation;
                            (ii) projected timeline for implementation; 
                        and
                            (iii) any other consideration the Secretary 
                        of Defense considers necessary.
            (2) Initial report.--The initial report required by 
        subsection (a) shall include the following:
                    (A) The elements described in paragraph (1).
                    (B) The plan required by subsection (c).
            (3) Additional reports.--The second and any subsequent 
        report required by subsection (a) shall include the following:
                    (A) The elements described in paragraph (1).
                    (B) A summary of changes to pre-positioned war 
                reserve materiel of the United States in the Indo-
                Pacific region as reported by the Armed Forces since 
                the preceding report.
                    (C) A summary of investments made by Taiwan in 
                intelligence, surveillance, and reconnaissance 
                capabilities since the preceding report.
                    (D) Any updates to the plan required by subsection 
                (c), as determined by the Secretary of Defense.
    (c) Plan for Emergency Military Assistance.--
            (1) In general.--The Secretary of Defense, in close 
        consultation with the Taiwan Ministry of Defense of Taiwan and 
        the military forces of Taiwan, shall develop a plan for the 
        United States to use, to the maximum extent practicable, 
        existing authorities or programs to expedite military 
        assistance to Taiwan necessary for Taiwan to defend itself in 
        the event of a military invasion.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) A list of defense articles of the United States 
                that may, with pre-approved authority, be transferred 
                to Taiwan during a military invasion.
                    (B) A list of measures to be prioritized to assist 
                Taiwan during a military invasion, including--
                            (i) prioritization of delivery of excess 
                        defense articles to Taiwan;
                            (ii) use by the Secretary of Defense of the 
                        lease authority and the Special Defense 
                        Acquisition Fund established under section 51 
                        of the Arms Export Control Act (22 U.S.C. 
                        2795);
                            (iii) use of the presidential drawdown 
                        authority under section 506(a) of the Foreign 
                        Assistance Act of 1961 (22 U.S.C. 2318(a));
                            (iv) use of presidential authority to lend 
                        or lease defense articles to the Government of 
                        Taiwan; and
                            (v) temporary expedited congressional 
                        review of arms sales to Taiwan.
                    (C) An assessment of methods that could be used to 
                deliver aid to Taiwan during a military invasion of 
                Taiwan, including--
                            (i) the feasibility of employing such 
                        methods in different scenarios; and
                            (ii) recommendations for improving the 
                        ability of the Armed Forces to deliver 
                        assistance to Taiwan.
                    (D) An assessment of additional assistance that 
                could be provided to Taiwan if additional authority is 
                granted.
    (d) Form.--Each report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (2) Military invasion.--The term ``military invasion'' 
        includes--
                    (A) an amphibious landing or assault;
                    (B) an airborne operation or air assault;
                    (C) an aerial bombardment or blockade;
                    (D) missile attacks, including rockets, ballistic 
                missiles, cruise missiles, and hypersonic missiles; and
                    (E) a naval bombardment or blockade.
            (3) Natural disaster.--The term ``natural disaster'' means 
        a disaster caused by natural forces, including extreme weather 
        events, sea-level rise, or extreme drought conditions.
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