[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1074 Reported in Senate (RS)]
<DOC>
Calendar No. 98
118th CONGRESS
1st Session
S. 1074
To require a strategy for countering the People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Rubio (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
June 13, 2023
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require a strategy for countering the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Taiwan Protection and
National Resilience Act of 2023''.</DELETED>
<DELETED>SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF
CHINA.</DELETED>
<DELETED> (a) Identification of Vulnerabilities and Leverage.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of State, the
Secretary of Commerce, the Secretary of the Treasury, the Director of
the Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, shall submit to the
appropriate committees of Congress a report that identifies--</DELETED>
<DELETED> (1) goods and services from the United States that
are relied on by the People's Republic of China such that that
reliance presents a strategic opportunity and source of
leverage against the People's Republic of China; and</DELETED>
<DELETED> (2) procurement practices of the United States
Armed Forces and other Federal agencies that are reliant on
trade with the People's Republic of China and other inputs from
the People's Republic of China, such that that reliance
presents a strategic vulnerability and source of leverage that
the Chinese Communist Party could exploit.</DELETED>
<DELETED> (b) Strategy To Respond to Coercive Action.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
submission of the report required by subsection (a), the
Secretary of the Treasury, in consultation with the Secretary
of the Defense, the Secretary of Commerce, the Secretary of
State, the Director of the Office of Federal Procurement
Policy, and the Director of the Office of Science and
Technology Policy, shall submit to the appropriate committees
of Congress a report, utilizing the findings of the report
required by subsection (a), that describes a comprehensive
sanctions strategy to advise policymakers on policies the
United States and allies and partners of the United States
could adopt with respect to the People's Republic of China in
response to any coercive action, including an invasion, by the
People's Republic of China that infringes upon the territorial
sovereignty of Taiwan by preventing access to international
waterways, airspace, or telecommunications networks.</DELETED>
<DELETED> (2) Elements.--The strategy required by paragraph
(1) shall include policies that--</DELETED>
<DELETED> (A) restrict the access of the People's
Liberation Army to oil, natural gas, munitions, and
other supplies needed to conduct military operations
against Taiwan, United States facilities in the Pacific
and Indian Oceans, and allies and partners of the
United States in the region;</DELETED>
<DELETED> (B) diminish the capacity of the
industrial base of the People's Republic of China to
manufacture and deliver defense articles to replace
those lost in operations of the People's Liberation
Army against Taiwan, the United States, and allies and
partners of the United States;</DELETED>
<DELETED> (C) inhibit the ability of the People's
Republic of China to evade United States and
multilateral sanctions through third parties, including
through secondary sanctions; and</DELETED>
<DELETED> (D) identify specific sanctions-related
tools that may be effective in responding to coercive
action described in paragraph (1) and assess the
feasibility of the use and impact of the use of those
tools.</DELETED>
<DELETED> (c) Recommendations for Reduction of Vulnerabilities and
Leverage.--Not later than 180 days after the submission of the report
required by subsection (a), the Secretary of Commerce, in consultation
the Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the United States Trade Representative, the
Director of the Office of Federal Procurement Policy, and the Director
of the Office of Science and Technology Policy, shall submit to the
appropriate committees of Congress a report that--</DELETED>
<DELETED> (1) identifies critical sectors within the United
States economy that rely on trade with the People's Republic of
China and other inputs from the People's Republic of China
(including active pharmaceutical ingredients, rare earth
minerals, and metallurgical inputs), such that those sectors
present a strategic vulnerability and source of leverage that
the Chinese Communist Party could exploit; and</DELETED>
<DELETED> (2) makes recommendations to Congress on steps
that can be taken to reduce the sources of leverage described
in paragraph (1) and subsection (a)(1), including through--
</DELETED>
<DELETED> (A) provision of economic incentives and
making other trade and contracting reforms to support
United States industry and job growth in critical
sectors and to indigenize production of critical
resources; and</DELETED>
<DELETED> (B) policies to facilitate ``near- or
friend-shoring'', or otherwise developing strategies to
facilitate that process with allies and partners of the
United States, in other sectors for which domestic
reshoring would prove infeasible for any
reason.</DELETED>
<DELETED> (d) Form.--The reports required by subsections (a), (b),
and (c) shall be submitted in unclassified form but may include a
classified annex.</DELETED>
<DELETED> (e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' means--
</DELETED>
<DELETED> (1) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate;
and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on Financial
Services, the Committee on Energy and Commerce, and the
Permanent Select Committee on Intelligence of the House of
Representatives.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Protection and National
Resilience Act of 2023''.
SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Identification of Vulnerabilities and Leverage.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
State and the Secretary of Defense shall jointly, in consultation with
the Secretary of Commerce, the Secretary of the Treasury, the Director
of the Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, submit to the appropriate
committees of Congress a report that identifies--
(1) goods and services from the United States that are
relied on by the People's Republic of China such that that
reliance presents a strategic opportunity and source of
leverage against the People's Republic of China, including
during a conflict; and
(2) procurement practices of the United States Government
that are reliant on trade with the People's Republic of China
and other inputs from the People's Republic of China, such that
that reliance presents a strategic vulnerability and source of
leverage that the Chinese Communist Party could exploit,
including during a conflict.
(b) Strategy To Respond to Coercive Action.--
(1) In general.--Not later than 180 days after the
submission of the report required by subsection (a), the
Secretary of the Treasury, in coordination with the Secretary
of State and in consultation with the Secretary of the Defense,
the Secretary of Commerce, the Director of the Office of
Federal Procurement Policy, and the Director of the Office of
Science and Technology Policy, shall submit to the appropriate
committees of Congress a report, utilizing the findings of the
report required by subsection (a), that describes a
comprehensive sanctions strategy to advise policymakers on
policies the United States and allies and partners of the
United States could adopt with respect to the People's Republic
of China in response to any coercive action, including an
invasion, by the People's Republic of China that infringes upon
the territorial sovereignty of Taiwan by preventing access to
international waterways, airspace, or telecommunications
networks.
(2) Elements.--The strategy required by paragraph (1) shall
include policies that--
(A) restrict the access of the People's Liberation
Army to oil, natural gas, munitions, and other supplies
needed to conduct military operations against Taiwan,
United States facilities in the Pacific and Indian
Oceans, and allies and partners of the United States in
the region;
(B) diminish the capacity of the industrial base of
the People's Republic of China to manufacture and
deliver defense articles to replace those lost in
operations of the People's Liberation Army against
Taiwan, the United States, and allies and partners of
the United States;
(C) inhibit the ability of the People's Republic of
China to evade United States and multilateral sanctions
through third parties, including through secondary
sanctions;
(D) identify specific sanctions-related tools that
may be effective in responding to coercive action
described in paragraph (1) and assess the feasibility
of the use and impact of the use of those tools;
(E) identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan
with allies and partners of the United States;
(F) identify industries, sectors, or goods and
services with respect to which the United States,
working with allies and partners of the United States,
can take coordinated action through sanctions or other
economic tools that will have a significant negative
impact on the economy of the People's Republic of
China; and
(G) identify tactics used by the Government of the
People's Republic of China to influence the public in
the United States and Taiwan through propaganda and
disinformation campaigns, including such campaigns
focused on delegitimizing Taiwan or legitimizing a
forceful action by the People's Republic of China
against Taiwan.
(c) Recommendations for Reduction of Vulnerabilities and
Leverage.--Not later than 180 days after the submission of the report
required by subsection (a), the Secretary of State and the Secretary of
Defense shall jointly, in consultation with the Secretary of Commerce,
the Secretary of the Treasury, the Director of the Office of Federal
Procurement Policy, and the Director of the Office of Science and
Technology Policy, submit to the appropriate committees of Congress a
report that--
(1) identifies critical sectors within the United States
economy that rely on trade with the People's Republic of China
and other inputs from the People's Republic of China (including
active pharmaceutical ingredients, rare earth minerals, and
metallurgical inputs), such that those sectors present a
strategic vulnerability and source of leverage that the Chinese
Communist Party or the People's Republic of China could
exploit; and
(2) makes recommendations to Congress on steps that can be
taken to reduce the sources of leverage described in paragraph
(1) and subsection (a)(1), including through--
(A) provision of economic incentives and making
other trade and contracting reforms to support United
States industry and job growth in critical sectors and
to indigenize production of critical resources; and
(B) policies to facilitate ``near- or friend-
shoring'', or otherwise developing strategies to
facilitate that process with allies and partners of the
United States, in other sectors for which domestic
reshoring would prove infeasible for any reason.
(d) Form.--The reports required by subsections (a), (b), and (c)
shall be submitted in unclassified form but may include a classified
annex.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, the
Committee on Finance, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Financial Services, the
Committee on Energy and Commerce, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 3. RULE OF CONSTRUCTION ON MAINTAINING ONE CHINA POLICY.
Nothing in this Act may be construed as a change to the one China
policy of the United States, which is guided by the Taiwan Relations
Act (22 U.S.C. 3301 et seq.), the three United States-People's Republic
of China Joint Communiques, and the Six Assurances.
SEC. 4. RULE OF CONSTRUCTION REGARDING NOT AUTHORIZING THE USE OF
FORCE.
Nothing in this Act may be construed as authorizing the use of
military force.
Calendar No. 98
118th CONGRESS
1st Session
S. 1074
_______________________________________________________________________
A BILL
To require a strategy for countering the People's Republic of China.
_______________________________________________________________________
June 13, 2023
Reported with an amendment