DAV22H09 1TS

S.L.C.

Manager's Amendment

AMENDMENT NO.llll

Calendar No.lll

Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—117th Cong., 2d Sess.

S. 4428
To support the security of Taiwan and its right of selfdetermination, and for other purposes.
Referred to the Committee on llllllllll andordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Mr. MENENDEZ
Viz:
1

Strike all after the enacting clause and insert the fol-

2 lowing:
3
4

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Taiwan Policy Act of 2022’’.
6(b) TABLE OF CONTENTS.—The table of contents for7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—UNITED STATES POLICY TOWARD TAIWAN
Sec. 101. Declaration of policy.
Sec. 102. Treatment of the government in Taiwan.
Sec. 103. Taiwan symbols of sovereignty.
Sec. 104. Sense of Congress on designation and references to Taiwan Representative Office.

DAV22H09 1TS

S.L.C.

2
TITLE II—IMPLEMENTATION OF AN ENHANCED DEFENSEPARTNERSHIP BETWEEN THE UNITED STATES AND TAIWAN
Sec. 201. Amendments to the Taiwan Relations Act.
Sec. 202. Anticipatory planning and annual review of the United States’ strategy to deter the use of force by the People’s Republic of China
to change the status quo of Taiwan.
Sec. 203. Joint assessment.
Sec. 204. Modernizing Taiwan’s security capabilities to deter and, if necessary,defeat aggression by the People’s Republic of China.
Sec. 205. Requirements regarding definition of counter intervention capabilities.
Sec. 206. Comprehensive training program.
Sec. 207. Assessment of Taiwan’s needs for civilian defense and resilience.
Sec. 208. Prioritizing excess defense article transfers for Taiwan.
Sec. 209. Fast-tracking sales to Taiwan under foreign military sales program.
Sec. 210. Whole-of-government deterrence measures to respond to the People’s
Republic of China’s force against Taiwan.
Sec. 211. Increase in annual regional contingency stockpile additions and support for Taiwan.
Sec. 212. Treatment of Taiwan as a major non-NATO ally.
Sec. 213. Use of presidential drawdown authority to provide security assistanceto Taiwan.
Sec. 214. International military education and training cooperation with Taiwan.
Sec. 215. Expediting delivery of arms exports to Taiwan and United States allies in the Indo-Pacific.
TITLE III—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S
COERCION AND INFLUENCE CAMPAIGNS
Sec. 301. Strategy to respond to influence and information operations targeting
Taiwan.
Sec. 302. Strategy to counter economic coercion by the People’s Republic ofChina targeting countries and entities that support Taiwan.
Sec. 303. China censorship monitor and action group.
TITLE IV—INCLUSION OF TAIWAN IN INTERNATIONALORGANIZATIONS
Sec. 401. Participation of Taiwan in international organizations.
Sec. 402. Participation of Taiwan in the Inter-American Development Bank.
Sec. 403. Plan for Taiwan’s participation in the Inter-American Development
Bank.
Sec. 404. Report concerning member state status for Taiwan at the InterAmerican Development Bank.
Sec. 405. Clarification regarding United Nations General Assembly Resolution
2758 (XXVI).
Sec. 406. Meaningful participation of Taiwan in the international civil aviation
organization.
TITLE V—ENHANCED DEVELOPMENT AND ECONOMIC
COOPERATION BETWEEN THE UNITED STATES AND TAIWAN
Sec. 501. Findings.
Sec. 502. Sense of Congress on a free trade agreement and bilateral tax agreement with Taiwan, the Indo-Pacific Economic Framework, and
CBP Preclearance.

DAV22H09 1TS

S.L.C.

3
Sec. 503. Sense of Congress on United States-Taiwan development cooperation.
TITLE VI—SUPPORTING UNITED STATES EDUCATIONAL AND
EXCHANGE PROGRAMS WITH TAIWAN
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Taiwan Fellowship Program.
Sec. 606. Reports and audits.
Sec. 607. Taiwan fellows on detail from government service.
Sec. 608. Funding.
Sec. 609. Study and report.
Sec. 610. Supporting United States educational and exchange programs with
Taiwan.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. Invitation of Taiwanese counterparts to high-level bilateral and multilateral forums and exercises.
Sec. 702. Report on Taiwan Travel Act.
Sec. 703. Prohibitions against undermining United States policy regarding Taiwan.
Sec. 704. Amendments to the Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019.
Sec. 705. Report on role of People’s Republic of China’s nuclear threat in escalation dynamics.
Sec. 706. Report analyzing the impact of Russia’s war against Ukraine on theobjectives of the People’s Republic of China with respect to
Taiwan.
TITLE VIII—DETERRENCE MEASURES FOR CROSS-STRAIT STABILITY AND TO IMPOSE COSTS ON THE PEOPLE’S REPUBLIC
OF CHINA FOR UNILATERALLY CHANGING OR ATTEMPTING TO
CHANGE THE STATUS QUO OF TAIWAN
Sec. 801. Definitions.
Sec. 802. Determinations with respect to activities of the People’s Republic ofChina against Taiwan.
Sec. 803. Imposition of sanctions on officials of the Government of the People’s
Republic of China relating to operations in Taiwan.
Sec. 804. Imposition of sanctions with respect to financial institutions of thePeople’s Republic of China.
Sec. 805. Reporting requirement.
Sec. 806. Additional sanctions.
Sec. 807. Sanctions described.
Sec. 808. Implementation; regulations; penalties.
Sec. 809. Exceptions; waiver.
Sec. 810. Termination.
TITLE IX—UNITED STATES-TAIWAN PUBLIC HEALTH
PROTECTION
Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Study.

DAV22H09 1TS

S.L.C.

4
Sec. 904. Infectious Disease Monitoring Center.
TITLE X—SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS
ACTSec. 1001. Short title.
Sec. 1002. Sanctions with respect to Chinese persons responsible for China’s
activities in the South China Sea and the East China Sea.
Sec. 1003. Sense of Congress regarding portrayals of the South China Sea orthe East China Sea as part of China.
Sec. 1004. Sense of Congress on 2016 permanent court of arbitration’s tribunal
ruling on arbitration case between Philippines and People’s Republic of China.
Sec. 1005. Report on countries that recognize Chinese sovereignty over theSouth China Sea or the East China Sea.
TITLE XI—RULES OF CONSTRUCTION
Sec. 1101. Rule of construction.
Sec. 1102. Rule of construction regarding the use of military force.

1
2

SEC. 2. FINDINGS.

Congress finds the following:

3(1) Since 1949, the close relationship between

4

the United States and Taiwan has been of enormous

5

benefit to both parties and to the Indo-Pacific region

6

as a whole.

7(2) The Taiwan Relations Act (Public Law 96–

8

8; 22 U.S.C. 3301 et seq.) has enabled the people

9of the United States and the people of Taiwan to10

maintain a strong and important relationship that

11

promotes regional security, prosperity, and shared12

democratic values.

13(3) The security of Taiwan and the ability for14

the people of Taiwan to determine their own future15

are fundamental to United States interests and val-

16

ues.

DAV22H09 1TS

S.L.C.

5
1(4) The Taipei Economic and Cultural Rep-2

resentative Office in the United States and the3

American Institute in Taiwan facilitate critical con-4

sular relations that—

5(A) protect the interests of the people of6

the United States and the people of Taiwan;

7

and

8

(B) strengthen people-to-people ties.

9(5) Increased engagement between public offi-

10

cials, commercial interests, civil society leaders, and11others enhances United States-Taiwan relations and12

its economic, security, and democratic dimensions.

13(6) Taiwan serves as a critical partner on re-

14

gional and transnational issues, such as public15

health, climate change, critical and emerging tech-16

nologies, cybersecurity, trade, and freedom of navi-

17

gation.

18(7) Taiwan exemplifies a thriving democracy

19consisting of more than 23,000,000 people who

20

value their suffrage, free markets, right to due proc-

21

ess, freedom of expression, and other individual lib-

22

erties.

23(8) President Xi Jinping of the People’s Repub-24

lic of China (referred to in this Act as the ‘‘PRC’’)25

continues to repeat his desire to stifle the freedom

DAV22H09 1TS

S.L.C.

6
1of Taiwan, as evidenced by his July 2021 proclama-2tion, in which he stated, ‘‘All sons and daughters of3

China, including compatriots on both sides of the4

Taiwan Strait, must work together and move for-5

ward in solidarity, resolutely smashing any Taiwan

6

independence plots.’’.

7(9) As President Xi Jinping concentrates his

8

power in the Chinese Communist Party (referred to9in this Act as the ‘‘CCP’’), he is escalating the10

PRC’s campaign of coercion and intimidation

11

against Taiwan, as evidenced by—

12(A) the accelerated preparations made by

13

the PRC and its People’s Liberation Army (re-14ferred to in this Act as the ‘‘PLA’’) for an of-

15

fensive attack against Taiwan, such as the16

PLA’s January 2022 incursion of nearly 40

17fighters, bombers, and other warplanes into

18

Taiwan’s air defense identification zone;

19(B) the PLA’s growing offensive prepara-

20

tions in the Taiwan Strait, such as amphibious

21

assault and live-fire exercises and record-scale

22

incursions into Taiwanese air space;

23(C) the Foreign Ministry’s diplomatic ef-

24

forts to isolate Taiwan, such as abusing its po-

25

sition in international institutions and multilat-

DAV22H09 1TS

S.L.C.

71eral fora to exclude Taiwanese participation de-2

spite Taiwan’s demonstrated expertise in rel-3

evant subjects, such as public health;4(D) threats and actions to compromise

5

Taiwan’s economy and critical suppliers, such6

as draconian export controls and the ‘‘31 Meas-

7

ures’’ intended to lure Taiwanese talent to8mainland China and away from Taiwan;

9(E) persistent and targeted cyberattacks,

10numbering nearly 20,000,000 per month, which11

are intended to compromise Taiwan’s critical

12

infrastructure and inflict civilian harm;

13(F) political and economic pressure on

14other countries who seek closer ties with Tai-

15wan, such as recent export controls related to16

Lithuania after Lithuania announced a perma-

17nent Taiwanese Representative Office in Lith-18

uania.

19(10) On multiple occasions, through both for-20

mal and informal channels, the United States has

21

expressed its concern for the PRC’s destabilizing ac-

22

tivities in the Taiwan Strait and on the international

23

stage that aim to subvert Taiwan’s democratic insti-

24

tutions.

DAV22H09 1TS

S.L.C.

812(11) The Indo-Pacific Strategy of the UnitedStates—(A) identifies Taiwan as an important

3
4

leading regional partner;(B) seeks to bolster Taiwan’s self-defense

56capabilities; and7(C) reaffirms that Taiwan’s future must be

8

determined peacefully and in accordance with9

the wishes and best interests of the people of10

Taiwan.

11(12) The PRC considers stifling the freedom of

12

Taiwan as a critical and necessary step to displacing

13

the United States as the preeminent military power

14

in the Indo-Pacific and continues its modernization

15

campaign to enhance the power-projection capabili-

16ties of the PLA and its ability to conduct joint oper-

17

ations.

18(13) Taiwan maintains a modern, ready, self-

19

defense force that adheres to the highest democratic

20

principles and benefits from continued state of the21

art security assistance.

22(14) The defense of Taiwan is critical to—

23(A) mitigating the PLA’s ability to project24

power and establish contested zones within the

25

First and Second Island Chains and limitingDAV22H09 1TS

S.L.C.

91

the PLA’s freedom of maneuver to engage in2

unconstrained power projection beyond the3First Island Chain in order to protect United

4

States territory, such as Hawaii and Guam;(B) defending the territorial integrity of

5
6

Indo-Pacific allies, such as Japan;

7(C) deterring other countries and competi-

8

tors from exercising force as a means to revise9

the established status quo;

10(D) championing democratic institutions

11and societies in the Indo-Pacific region and12throughout the world; and(E) maintaining a rules-based international

13
14order that—15(i) constrains authoritarian powers;

16(ii) enshrines collective security;

17(iii) promotes democracy and respect

18

for human rights and fundamental free-19

doms; and(iv) promotes peace and prosperity.

20
21

SEC. 3. DEFINITIONS.

22

In this Act:

23

(1)

24

APPROPRIATECOMMITTEES

OF

CON-

GRESS.—Except as otherwise provided in this Act,DAV22H09 1TS

S.L.C.

10
1

the term ‘‘appropriate committees of Congress’’2means—

3
4
5
6
7
8
9
10
11
12
13

(A) the Committee on Foreign Relations of
the Senate;(B) the Committee on Armed Services of
the Senate;(C) the Committee on Appropriations of
the Senate;(D) the Committee on Foreign Affairs ofthe House of Representatives;(E) the Committee on Armed Services ofthe House of Representatives; and(F) the Committee on Appropriations of

14

the House of Representatives.

15(2) GOVERNMENT IN TAIWAN.—The term ‘‘gov-

16

ernment in Taiwan’’ means the national-level gov-

17

ernment and its administrative units at the munic-

18

ipal, county, and local levels in Taiwan, including its

19

representatives overseas.

20(3) PEOPLE’S LIBERATION ARMY; PLA.—The21

terms ‘‘People’s Liberation Army’’ and ‘‘PLA’’ mean

22

the armed forces of the People’s Republic of China.

23(4) REPUBLIC OF CHINA.—The term ‘‘Republic

24

of China’’ means ‘‘Taiwan’’.

DAV22H09 1TS

S.L.C.

11
1(5) SHARP POWER.—The term ‘‘sharp power’’2means the coordinated and often concealed applica-

3tion of disinformation, media manipulation, eco-4

nomic coercion, cyber-intrusions, targeted invest-

5

ments, and academic censorship that is intended—

6(A) to corrupt political and nongovern-

7

mental institutions and interfere in democratic

8

elections and encourage self-censorship of views

9

at odds with those of the Government of the

10

People’s Republic of China or the Chinese Com-11

munist Party; or

12(B) to foster attitudes, behavior, decisions,13

or outcomes in Taiwan and elsewhere that sup-14

port the interests of the Government of the

15

People’s Republic of China or the Chinese Com-

16

munist Party.

17
18
19
20

TITLE I—UNITED STATESPOLICY TOWARD TAIWAN
SEC. 101. DECLARATION OF POLICY.

It is the policy of the United States—

21(1) to support the security of Taiwan, the sta-22

bility of cross-Strait relations, and the freedom of23

the people of Taiwan to determine their own future,24

and to strenuously oppose any action by the PRC to25

use force to change the status quo of Taiwan;

DAV22H09 1TS

S.L.C.

121(2) to cooperate with Taiwan as an important2

partner of the United States in promoting a free and3open Indo-Pacific;

4(3) to deter the use of force by the PRC to

5change the status quo of Taiwan by coordinating

6

with allies and partners—

7(A) to identify and develop significant eco-8

nomic, diplomatic, and other measures that will9

deter and impose costs on any such use of10

force;

11(B) to convey, in advance, severe con-12

sequences that would take effect immediately

13

after the PRC engaged in any such use of force;

14

and

15

(C) to support and cooperate with Taiwan

16

to implement, resource, and modernize its mili-

17

tary capabilities, including an effective defense

18

strategy, through security assistance and in-19

creases in defense spending;20(4) to strengthen cooperation with the military

21of Taiwan under the framework of the Taiwan Rela-

22

tions Act (Public Law 96–8; 22 U.S.C. 3301 et seq.)23

and the Six Assurances, with consideration of the24

ongoing military buildup in China and the military25

balance in the Taiwan Strait, and to transfer de-DAV22H09 1TS

S.L.C.

131

fense articles to Taiwan to enhance its capabilities,2

including its efforts to undertake defensive oper-3

ations and maintain the ability to deny PRC coer-4cion and invasion;5(5) to urge Taiwan to increase its own invest-

6

ments in military capabilities, including those that7

support the implementation of an effective defense

8

strategy;9(6) to advance and finalize key provisions of the10

United States-Taiwan Trade and Investment Frame-

11

work Agreement and deepen economic ties between

12

the United States and Taiwan and advance the in-13

terests of the United States by negotiating a bilat-

14eral free trade agreement as soon as possible, which

15

will include appropriate levels of labor rights and en-

16

vironmental protections;1718(7) to include Taiwan as a partner in the IndoPacific Economic Framework;

19(8) to collaborate with Taiwan to strengthen

20

health systems, reinforce critical infrastructure, pro-21

mote disaster resilience, protect marine resources,22

and otherwise support socioeconomic development in

23

Pacific Island countries;24(9) to promote Taiwan’s meaningful participa-

25

tion in important international organizations, includ-DAV22H09 1TS

S.L.C.

141

ing organizations that address global health, civilian

2

air safety, and transnational crime, and bilateral and3

multilateral security summits, military exercises, and4

economic dialogues and forums;

5(10) to support the Government in Taiwan as

6

a representative democratic government, constituted

7

through free and fair elections that reflect the will

8of the people of Taiwan and promote dignity and re-9spect for the democratically-elected leaders of Tai-

10wan, who represent more than 23,000,000 citizens,

11

by using the full range of diplomatic and other ap-

12

propriate tools available to promote Taiwan’s inter-

13

national space;

14(11) to ensure that distinctions in practice re-15

garding United States relations with Taiwan are

16

consistent with the longstanding, comprehensive,

17

strategic, and values-based relationship the United

18

States shares with Taiwan, and contribute to the19peaceful resolution of cross-Strait issues; and20(12) to create and execute a plan for enhancing

21

our relationship with Taiwan by forming a robust

22

partnership that—

23(A) meets current geopolitical challenges;

24(B) fully accounts for Taiwan’s democratic

25

status; andDAV22H09 1TS

S.L.C.

15
1(C) remains faithful to United States prin-2

ciples and values, consistent with the Taiwan

3

Relations Act and the Six Assurances.

45

SEC. 102. TREATMENT OF THE GOVERNMENT IN TAIWAN.

(a) IN GENERAL.—The Secretary of State and other6 Federal departments and agencies shall—
7(1) engage with the democratically-elected gov-

8

ernment in Taiwan as the legitimate representative

9of the people of Taiwan; and

10(2) end the outdated practice of referring to the11

government in Taiwan as the ‘‘Taiwan authorities’’.

12(b) NO RESTRICTIONS

13

ONBILATERAL INTER-

ACTIONS.—Notwithstanding the continued supporting role

14 of the American Institute in Taiwan in carrying out
15 United States foreign policy and protecting United States
16 interests in Taiwan, the United States Government shall
17 not place any undue restrictions on the ability of officials
18 of the Department of State or other Federal departments
19 and agencies to interact directly and routinely with their
20 counterparts in the government in Taiwan.
21
22SEC. 103. TAIWAN SYMBOLS OF SOVEREIGNTY.

(a) DEFINED TERM.—In this section, the term ‘‘offi-

23 cial purposes’’ means—
24(1) the wearing of official uniforms;

DAV22H09 1TS

S.L.C.

16(2) conducting government-hosted ceremonies

1
2

or functions; and3(3) appearances on Department of State social

4

media accounts promoting engagements with Tai-

5

wan.

6

(b) IN GENERAL.—Not later than 90 days after the

7 date of the enactment of this Act, the Secretary of State
8 shall rescind any contact guideline, internal restriction,
9 section of the Foreign Affairs Manual or the Foreign Af10 fairs Handbook, or related guidance or policies that, ex11 plicitly or implicitly, including through restrictions or limi12 tations on activities of United States Government per13 sonnel, limits the ability of members of the armed forces
14 of the Republic of China (Taiwan) and government rep15 resentatives from the Taipei Economic and Cultural Rep16 resentative Office to display, for official purposes, symbols
17 of Republic of China sovereignty, including—(1) the flag of the Republic of China (Taiwan);

18
19
20
21

and
(2) the corresponding emblems or insignia of
military units.

DAV22H09 1TS

S.L.C.

17
1

SEC. 104. SENSE OF CONGRESS ON DESIGNATION AND REF-

2

ERENCES TO TAIWAN REPRESENTATIVE OF-

3

FICE.

4

(a) SENSE OF CONGRESS.—It is the sense of Con-

5 gress that the United States, consistent with the Taiwan
6 Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.)
7 and the Six Assurances should—
8(1) provide the people of Taiwan with de facto

9

diplomatic treatment equivalent to foreign countries,

10

nations, states, governments, or similar entities; and11(2) seek to enter into negotiations with the Tai-12

pei Economic and Cultural Representative Office to13rename the ‘‘Taipei Economic and Cultural Rep-

14

resentative Office’’ in the United States as the ‘‘Tai-

15

wan Representative Office’’.

16(b) REFERENCES.—If the negotiations referred to in

17 subsection (a)(2) are undertaken and result in the renam18 ing of the Taipei Economic and Cultural Representative
19 Office as the Taiwan Representative Office, any reference
20 in a law, map, regulation, document, paper, or other21 record of the United States Government to the Taipei
22 Economic and Cultural Representative Office shall be
23 deemed to be a reference to the Taiwan Representative
24 Office, including for all official purposes of the United
25 States Government, all courts of the United States, and26 any proceedings by such Government or in such courts.

DAV22H09 1TS

S.L.C.

18

TITLE II—IMPLEMENTATION OF
2
AN
ENHANCED
DEFENSE
3
PARTNERSHIP BETWEEN THE
4
UNITED STATES AND TAIWAN
1

5
6

SEC. 201. AMENDMENTS TO THE TAIWAN RELATIONS ACT.

(a) DECLARATION OF POLICY.—Section 2(b)(5) of

7 the Taiwan Relations Act (22 U.S.C. 3301(b)(5)) is
8 amended by inserting ‘‘and to implement a strategy to
9 deny and deter acts of coercion or aggression by the Peo10 ple’s Liberation Army’’ after ‘‘to maintain a sufficient
11 self-defense capability’’.
1213(b) PROVISION OF DEFENSE ARTICLES AND SERVICES.—Section

3(a) of the Taiwan Relations Act (2214 U.S.C. 3302(a)) is amended by inserting ‘‘and to imple15 ment a strategy to deny and deter acts of coercion or ag16 gression by the People’s Liberation Army’’ after ‘‘to main17 tain a sufficient self-defense capability’’.
18(c) RULE OF CONSTRUCTION.—Section 4 of the Tai-

19 wan Relations Act (22 U.S.C. 3303) is amended by adding
20 at the end the following:21‘‘(e) RULE OF CONSTRUCTION.—Nothing in this Act,

22 nor the President’s action in extending diplomatic recogni23 tion to the People’s Republic of China, nor the absence
24 of diplomatic relations between the people of Taiwan and
25 the United States, and nor the lack of formal recognition

DAV22H09 1TS

S.L.C.

19
1 of Taiwan by the United States, and any related cir2 cumstances, may be construed to constitute a legal or
3 practical obstacle to any otherwise lawful action of the
4 President or of any United States Government agency
5 that is needed to advance or protect United States inter6 ests pertaining to Taiwan, including actions intended to
7 strengthen security cooperation between the United States
8 and Taiwan or to otherwise deter the use of force against
9 Taiwan by the People’s Liberation Army.’’.
10

SEC. 202. ANTICIPATORY PLANNING AND ANNUAL REVIEW

11

OF

12

DETER THE USE OF FORCE BY THE PEOPLE’S

13

REPUBLIC OF CHINA TO CHANGE THE STA-

14

TUS QUO OF TAIWAN.

15

THE

UNITED

STATES’STRATEGY

TO(a) IN GENERAL.—Not later than 180 days after the

16 date of the enactment of this Act, and annually thereafter
17 for 10 years, the Secretary of Defense shall—
18(1) conduct a classified review of the United

19

States strategy to deter the use of force by the Peo-20

ple’s Republic of China to change the status quo of21

Taiwan; and22(2) share the results of such review with the23

Chairman and Ranking Member of the appropriate

24

committees of Congress.

DAV22H09 1TS

S.L.C.

201(b) ELEMENTS.—The review conducted pursuant to

2 subsection (a) shall include—
3(1) an assessment of Taiwan’s current and4near-term capabilities, United States force readiness,5

and the adequacy of the United States’ strategy to6

deter the use of force by the People’s Republic of

7

China to change the status quo of Taiwan;

8(2) a detailed strategy of deterrence and denial9

to defend Taiwan against aggression by the People’s

10

Liberation Army, including an effort to seize and11

hold the island of Taiwan;

12(3) a comprehensive assessment of risks to the13

United States and United States’ interests, includ-14

ing readiness shortfalls that pose strategic risk;

15(4) a review of indicators of the near-term like-16

lihood of the use of force by the People’s Liberation

17

Army against Taiwan; and18(5) a list of military capabilities, including ca-

19

pabilities that enable a strategy of deterrence and20

denial, that—

21(A) would suit the operational environment

22

and allow Taiwan to respond effectively to a va-

23

riety of contingencies across all potential phases

24of conflict involving the People’s Liberation

25

Army; and

DAV22H09 1TS

S.L.C.

21
1(B) would reduce the threat of conflict,2

deter the use of force by the People’s Republic

3of China, thwart an invasion, and mitigate

4

other risks to the United States and Taiwan.

56SEC. 203. JOINT ASSESSMENT.

(a) IN GENERAL.—The Secretary of State, in con-

7 sultation with the Secretary of Defense, shall establish and8 maintain a joint consultative mechanism with Taiwan that
9 convenes on a recurring basis—
10(1) to develop a joint assessment of, and coordi-

11nate planning with respect to, the threats Taiwan

12

faces from the People’s Republic of China across the13

spectrum of possible military action; and

14(2) to identify nonmaterial and material solu-

15

tions to deter and, if necessary, defeat such threats.

16(b) INTEGRATED PRIORITIES LIST.—In carrying out

17 subsection (a), the Secretary of Defense, in consultation
18 with the Secretary of State, shall develop with Taiwan—
19(1) an integrated priorities list;

20(2) relevant plans for acquisition and training

21

for relevant nonmaterial and material solutions; and22(3) other measures to appropriately prioritize23

the defense needs of Taiwan to maintain effective

24

deterrence across the spectrum of possible military

25

action by the People’s Republic of China.

DAV22H09 1TS

S.L.C.

221(c) REPORT.—Not later than 180 days after the date

2 of the enactment of this Act, and annually thereafter for
3 the following 5 years, the Secretary of Defense, in con4 sultation with the Secretary of State, shall submit a report
5 to the appropriate committees of Congress that describes
6 the joint assessment developed pursuant to subsection
7 (a)(1).
8SEC. 204. MODERNIZING TAIWAN’S SECURITY CAPABILITIES

9TO DETER AND, IF NECESSARY, DEFEAT AG-

10

GRESSION BY THE PEOPLE’S REPUBLIC OF

11

CHINA.

12(a) TAIWAN SECURITY PROGRAMS.—The Secretary

13 of State, in consultation with the Secretary of Defense,
14 shall use the authorities under this section to strengthen
15 the United States-Taiwan defense relationship, and to
16 support the acceleration of the modernization of Taiwan’s
17 defense capabilities.
18
19
20

(b) ANNUAL REPORT ON ADVANCING THE DEFENSEOF TAIWAN.—(1) APPROPRIATECONGRESSIONAL

COMMIT-

21

TEES DEFINED.—In this subsection, the term ‘‘ap-

22

propriate congressional committees’’ means—

2324(A) the Committee on Foreign Relations of
the Senate; andDAV22H09 1TS

S.L.C.

23
1(B) the Committee on Foreign Affairs of2

the House of Representatives.

3(2) IN GENERAL.—Not later than 180 days

4

after the date of the enactment of this Act, and an-

5nually thereafter for 7 years, the Secretary of State6

and the Secretary of Defense shall jointly submit a7report to the appropriate congressional committees

8that describes steps taken to enhance the United

9States-Taiwan defense relationship and Taiwan’s

10

modernization of its-defense capabilities.

1112(3) MATTERS TO BE INCLUDED.—Each reportrequired under paragraph (2) shall include—

13(A) an assessment of the commitment of

14

Taiwan to implement a military strategy that15

will deter and, if necessary, defeat military ag-

16gression by the People’s Republic of China, in-17cluding the steps that Taiwan has taken and18

the steps that Taiwan has not taken towards

19such implementation;

20(B) an assessment of the efforts of Taiwan

21

to acquire and employ within its forces counter-

22intervention capabilities, including—23(i) long-range precision fires;

24(ii) integrated air and missile defense

25

systems;

DAV22H09 1TS

S.L.C.

24
1(iii) anti-ship cruise missiles;

2(iv) land-attack cruise missiles;

3(v) coastal defense;

4(vi) anti-armor;

5(vii) undersea warfare;6(viii) survivable swarming maritime

7

assets;(ix) manned and unmanned aerial sys-

8
9

tems;
(x) mining and countermining capa-

1011bilities;(xi) intelligence, surveillance, and re-12
13connaissance capabilities;(xii) command and control systems;

14
15

and

16

(xiii) any other defense capabilities

17

that the United States and Taiwan jointly

18

determine are crucial to the defense of Tai-

19wan, in accordance with the process devel-

20

oped pursuant to section 203(a);21(C) an evaluation of the balance between

22

conventional and counter intervention capabili-

23

ties in the defense force of Taiwan as of the24date on which the report is submitted;

DAV22H09 1TS

S.L.C.

251(D) an assessment of steps taken by Tai-

2

wan to enhance the overall readiness of its de-3

fense forces, including—

4(i) the extent to which Taiwan is re-5quiring and providing regular and relevant

6

training to such forces;

7(ii) the extent to which such training

8

is realistic to the security environment that

9

Taiwan faces; and10(iii) the sufficiency of the financial

11

and budgetary resources Taiwan is putting

12

toward readiness of such forces;

13(E) an assessment of steps taken by Tai-

14

wan to ensure that the Taiwan Reserve Com-15

mand can recruit, train, and equip its forces;

16(F) an evaluation of—

17(i) the severity of manpower shortages

18

in the military of Taiwan, including in the19

reserve forces;

2021(ii) the impact of such shortages inthe event of a conflict scenario; and22(iii) the efforts made by the govern-

23

ment in Taiwan to address such shortages;

24(G) an assessment of the efforts made by

25

Taiwan to boost its civilian defenses, including

DAV22H09 1TS

S.L.C.

261

any informational campaigns to raise awareness2

among the population of Taiwan of the risks

3

Taiwan faces;

4(H) an assessment of the efforts made by

5

Taiwan to secure its critical infrastructure, in-6

cluding in transportation, telecommunications

7

networks, and energy;

8(I) an assessment of the efforts made by

9

Taiwan to enhance its cybersecurity, including10

the security of civilian government and military

11

networks;

12(J) an assessment of any significant gaps

13

in any of the matters described in subpara-

14

graphs (A) through (I) with respect to which

15

the United States assesses that additional ac-

16tion is needed;

17(K) a description of cooperative efforts be-

18

tween the United States and Taiwan on the19matters

20

through (J); anddescribed

insubparagraphs

(A)

21

(L) a description of any resistance within

22

the government in Taiwan and the military

23

leadership of Taiwan to—DAV22H09 1TS

S.L.C.

271(i) implementing the matters de-2

scribed in subparagraphs (A) through (I);3or(ii) United States’ support or engage-

4

ment with regard to such matters.

56(4) FORM.—The report required under para-

7

graph (2) shall be submitted in classified form, but

8shall include a detailed unclassified summary.

9(5) SHARING OF SUMMARY.—The Secretary of

10State and the Secretary of Defense shall jointly

11

share the unclassified summary required under para-

12

graph (4) with the government and military of Tai-

13

wan.

14

(c) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec-

15 retary of State, in consultation with the Secretary of De16 fense, shall use amounts authorized pursuant to sub17 section (i) to provide assistance to the government in Tai18 wan to achieve the purpose described in subsection (d).
19(d) PURPOSE.—In addition to the purposes otherwise

20 authorized for Foreign Military Financing programs
21 under the Arms Export Control Act (22 U.S.C. 2751 et
22 seq.), the purpose of the Foreign Military Financing Pro23 gram shall be to provide assistance, including equipment,
24 training, and other support, to enable the Government and25 military of Taiwan—

DAV22H09 1TS

S.L.C.

28
1(1) to accelerate the modernization of defense

2

capabilities that will enable Taiwan to delay, de-3

grade, and deny attempts by People’s Liberation

4

Army forces—(A) to conduct coercive or grey zone activi-

5
6
7
8

ties;
(B) to achieve maritime control over the
Taiwan Strait and adjoining seas;

9(C) to secure a lodgment on any Taiwanese

10

islands and expand or otherwise use such

11

lodgment to seize control of a population center

12

or other key territory in Taiwan; and13(2) to prevent the People’s Republic of China

14

from decapitating, seizing control of, or otherwise

15

neutralizing or rendering ineffective the government

16

in Taiwan.

17(e) REGIONAL CONTINGENCY STOCKPILE.—Of the

18 amounts authorized to be appropriated pursuant to sub19 section (i), not more than $100,000,000 may be used dur20 ing each of the fiscal years 2023 through 2032 to main21 tain a stockpile (if established under section 211), in ac22 cordance with section 514 of the Foreign Assistance Act
23 of 1961 (22 U.S.C. 2321h), as amended by section 211.
24(f) AVAILABILITY OF FUNDS.—DAV22H09 1TS

S.L.C.

29
1(1) ANNUAL SPENDING PLAN.—Not later than2

December 1, 2022, and annually thereafter, the Sec-3

retary of State, in coordination with the Secretary of

4

Defense, shall submit a plan to the appropriate com-5

mittees of Congress describing how amounts author-

6

ized to be appropriated pursuant to subsection (i)7will be used to achieve the purpose described in sub-8

section (d).

9(2) CERTIFICATION.—Amounts authorized to be10

appropriated for each fiscal year pursuant to sub-11

section (i) shall be made available for the purpose

12

described in such subsection after the Secretary of

13State certifies to the appropriate committees of Con-

14

gress that Taiwan has increased its defense spending

15

relative to Taiwan’s defense spending in its prior fis-16

cal year, excepting accounts in Taiwan’s defense

17budget related to personnel expenditures, (other18

than military training and education and any fund-19

ing related to the All-Out Defense Mobilization20

Agency).

2122(3) REMAINING FUNDS.—(A) IN

GENERAL.—Subject

to subpara-

23

graph (B), amounts authorized to be appro-

24

priated for a fiscal year pursuant to subsection

25(i) that are not obligated and expended duringDAV22H09 1TS

S.L.C.

30
1such fiscal year shall be added to the amount2that may be used for Foreign Military Financ-3

ing to Taiwan in the subsequent fiscal year.

4(B) RESCISSION.—Amounts appropriated5

pursuant to subsection (i) that remain unobli-

6

gated on September 30, 2027 shall be rescinded

7

and deposited into the general fund of the8

Treasury.

9(g) DEFENSE ARTICLES AND SERVICES FROM THE

10 UNITED STATES INVENTORY AND OTHER SOURCES.—
11(1) IN GENERAL.—In addition to assistance12

provided pursuant to subsection (c), the Secretary of

13State, in coordination with the Secretary of Defense,14

may make available to the government in Taiwan, in

15

such quantities as the Secretary of State considers

16

appropriate for the purpose described in subsection

17

(d)—

18

(A) weapons and other defense articles

19

from the United States inventory and other20

sources; and21(B) defense services.

22(2) REPLACEMENT.—The Secretary of State23

may use amounts authorized to be appropriated pur-24

suant to subsection (i) for the cost of replacing any

DAV22H09 1TS

S.L.C.

31
1

item provided to the government in Taiwan pursuant

2

to paragraph (1)(A).

3(h) FOREIGN MILITARY FINANCING LOAN AND LOAN

4 GUARANTEE AUTHORITY.—
56(1) DIRECT LOANS.—(A) IN

GENERAL.—Notwithstanding

sec-

7

tion 23(c)(1) of the Arms Export Control Act

8(22 U.S.C. 2763), during fiscal years 2023

9

through 2027, the Secretary of State may make10

direct loans available for Taiwan pursuant to11section 23 of such Act.

12(B) MAXIMUM OBLIGATIONS.—Gross obli-

13

gations for the principal amounts of loans au-

14

thorized under subparagraph (A) may not ex-

15

ceed $2,000,000,000.

16
17
18

(C) SOURCE OF FUNDS.—(i) DEFINED TERM.—In this subparagraph, the term ‘‘cost’’—19(I) has the meaning given such20

term in section 502(5) of the Congres-21

sional Budget Act of 1974 (2 U.S.C.

22

661a(5));23(II) shall include the cost of24

modifying a loan authorized under25

subparagraph (A); andDAV22H09 1TS

S.L.C.

32
1(III) may include the costs of2selling, reducing, or cancelling any

3amounts owed to the United States or4

to any agency of the United States.

5(ii) IN GENERAL.—Amounts author-

6

ized to be appropriated pursuant to sub-7

section (i) may be made available to pay

8

for the cost of loans authorized under sub-9

paragraph (A).

10(D) FEES AUTHORIZED.—

11(i) IN GENERAL.—The Government of

12

the United States may charge fees for

13loans made pursuant to subparagraph (A),14

which shall be collected from borrowers

15

through a financing account (as defined in

16

section 502(7) of the Congressional Budget

17

Act of 1974 (2 U.S.C. 661a(7)).

18(ii) LIMITATION ON FEE PAYMENTS.—

19

Amounts made available under any appro-

20

priations Act for any fiscal year may not

21

be used to pay any fees associated with a22loan authorized under subparagraph (A).

23

(E) REPAYMENT.—Loans made pursuant

24

to subparagraph (A) shall be repaid not later25

than 12 years after the loan is received by theDAV22H09 1TS

S.L.C.

33
1

borrower, including a grace period of not more

2than 1 year on repayment of principal.

34(F) INTEREST.—(i)

IN

GENERAL.—Notwithstanding

5

section 23(c)(1) of the Arms Export Con-

6trol Act (22 U.S.C. 2763(c)(1), interest for7loans made pursuant to subparagraph (A)8may be charged at a rate determined by

9

the Secretary of State, except that such10

rate may not be less than the prevailing in-11

terest rate on marketable Treasury securi-

12ties of similar maturity.

13(ii) TREATMENT OF LOAN AMOUNTS

14

USED TO PAY INTEREST.—Amounts made15

available under this paragraph for interest

16

costs shall not be considered assistance for17

the purposes of any statutory limitation on

18

assistance to a country.

19(2) LOAN GUARANTEES.—

20(A) IN GENERAL.—Amounts authorized to21

be appropriated pursuant to subsection (i) may

22

be made available for the costs of loan guaran-

23

tees for Taiwan under section 24 of the Arms

24

Export Control Act (22 U.S.C. 2764) for Tai-

25

wan to subsidize gross obligations for the prin-DAV22H09 1TS

S.L.C.

34
1

cipal amount of commercial loans and total loan

2

principal, any part of which may be guaranteed,3

not to exceed $2,000,000,000.

4
5
6
7

(B) MAXIMUM AMOUNTS.—A loan guarantee authorized under subparagraph (A)—(i) may not guarantee a loan that exceeds $2,000,000,000; and8(ii) may not exceed 80 percent of the

9loan principal with respect to any single

10

borrower.

11(C) SUBORDINATION.—Any loan guaran-

12

teed pursuant to subparagraph (A) may not be

13

subordinated to—

14
15
16

(i) another debt contracted by theborrower; or(ii) any other claims against the bor-

17

rower in the case of default.

18(D) REPAYMENT.—Repayment in United

19

States dollars of any loan guaranteed under

20

this paragraph shall be required not later than21

12 years after the loan agreement is signed.

22(E) FEES.—Notwithstanding section 24 of

23

the Arms Export Control Act (22 U.S.C. 2764),

24

the Government of the United States may

25

charge fees for loan guarantees authorizedDAV22H09 1TS

S.L.C.

35
1

under subparagraph (A), which shall be col-2

lected from borrowers, or from third parties on

3behalf of such borrowers, through a financing

4account (as defined in section 502(7) of the5

Congressional Budget Act of 1974 (2 U.S.C.

6661a(7)).

7(F)

TREATMENTS

OF

LOAN

GUARAN-

8

TEES.—Amounts

made available under this9paragraph for the costs of loan guarantees au-

10

thorized under subparagraph (A) shall not be

11considered assistance for the purposes of any

12statutory limitation on assistance to a country.

13(3) NOTIFICATIONREQUIREMENT.—Amounts

14

appropriated to carry out this subsection may not be

15

expended without prior notification of the appro-

16

priate committees of Congress.

17(i) AUTHORIZATION OF APPROPRIATIONS.—

18(1) AUTHORIZATION OF APPROPRIATIONS.—In

19

addition to amounts otherwise authorized to be ap-

20

propriated for Foreign Military Financing, there is21

authorized to be appropriated to the Department of

22State for Taiwan Foreign Military Finance grant as-23

sistance—

24(A) $250,000,000 for fiscal year 2023;

25(B) $750,000,000 for fiscal year 2024;

DAV22H09 1TS

S.L.C.

36
1(C) $1,500,000,000 for fiscal year 2025;

2(D) $2,000,000,000 for fiscal year 2026;

3and(E) $2,000,000,000 for fiscal year 2027.

4
5

(2)

TRAININGANDEDUCATION.—Ofthe6amounts authorized to be appropriated under para-

7

graph (1), the Secretary of State shall use not less8than $2,000,000 per fiscal year for 1 or more blan-

9

ket order Foreign Military Financing training pro-10

grams related to the defense needs of Taiwan.

11(j) SUNSET PROVISION.—Assistance may not be pro-

12 vided under this section after September 30, 2032.
13
14
15

SEC. 205. REQUIREMENTS REGARDING DEFINITION OF
COUNTER INTERVENTION CAPABILITIES.

(a) STATEMENT OF POLICY.—It is the policy of the

16 United States—
17(1) to ensure that requests by Taiwan to pur-18

chase arms from the United States are not pre-19

maturely rejected or dismissed before Taiwan sub-20

mits a letter of request or other formal documenta-

21

tion, particularly when such requests are for capa-

22bilities that are not included on any United States

23

Government priority lists of necessary capabilities

24

for the defense of Taiwan; andDAV22H09 1TS

S.L.C.

37
1(2) to ensure close consultation among rep-2

resentatives of Taiwan, Congress, industry, and the3

Executive branch about requests referred to in para-

4graph (1) and the needs of Taiwan before Taiwan

5submits formal requests for such purchases.

6(b) REPORTING REQUIREMENT.—Not later than 45

7 days after the date of the enactment of this Act, the Sec8 retary of State and the Secretary of Defense shall jointly
9 submit to the appropriate committees of Congress—
10(1) a list of categories of counter intervention

11

capabilities and a justification for each such cat-

12

egory; and13(2) a description of the degree to which the14

United States has a policy of openness or flexibility

15

for the consideration of capabilities that may not fall16

within the scope of counter intervention capabilities

17

included in the list required under paragraph (1),18

due to potential changes, such as—

19(A) the evolution of defense technologies;

20(B) the identification of new concepts of

21

operation or ways to employ certain capabilities;

22

and

23

(C) other factors that might change assess-24

ments by the United States and Taiwan of

DAV22H09 1TS

S.L.C.

38
1

what constitutes counter intervention capabili-

2

ties.

3

(c) FORM.—The report required in this section shall

4 be submitted in classified form.
5
6

SEC. 206. COMPREHENSIVE TRAINING PROGRAM.

(a) IN GENERAL.—The Secretary of State and the

7 Secretary of Defense shall establish or expand a com8 prehensive training program with Taiwan designed to—
9(1) achieve interoperability;

10(2) familiarize the militaries of the United

11

States and Taiwan with each other; and

12(3) improve Taiwan’s defense capabilities.

13(b) ELEMENTS.—The training program should

14 prioritize relevant and realistic training, including as nec15 essary joint United States-Taiwan contingency tabletop
16 exercises, war games, full-scale military exercises, and an
17 enduring rotational United States military presence that18 assists Taiwan in maintaining force readiness and uti19 lizing United States defense articles and services trans20 ferred from the United States to Taiwan.
21(c) ANNUAL REPORT.—Not later than 90 days after

22 the date of the enactment of this Act, and annually there23 after for the following 5 years, the Secretary of State, in
24 consultation with the Secretary of Defense, shall submit
25 to the appropriate committees of Congress a classified re-DAV22H09 1TS

S.L.C.

39
1 port that describes all training provided to the armed
2 forces of Taiwan in the prior fiscal year, including a de3 scription of how such training—
4(1) achieved greater interoperability;5(2) familiarized the militaries of the United

6
7
8
9
10

States and Taiwan with each other; and(3) improved Taiwan’s defense capabilities.
SEC. 207. ASSESSMENT OF TAIWAN’S NEEDS FOR CIVILIAN
DEFENSE AND RESILIENCE.

(a) ASSESSMENT REQUIRED.—Not later than 120

11 days after the date of enactment of this Act, the Secretary
12 of State and the Secretary of Defense, in coordination
13 with the Director of National Intelligence and other cabi14 net Secretaries, as appropriate, shall submit a written as15 sessment, with a classified annex, of Taiwan’s needs in
16 the areas of civilian defense and resilience to the appro17 priate committees of Congress, the Select Committee on
18 Intelligence of the Senate, and the Permanent Select Com19 mittee on Intelligence of the House of Representatives.
20(b) MATTERS TO BE INCLUDED.—The assessment

21 required under subsection (a) shall—
22(1) analyze the potential role of Taiwan’s public

23

and civilian assets in defending against various sce-

24

narios for foreign militaries to coerce or conduct

25

military aggression against Taiwan;

DAV22H09 1TS

S.L.C.

401(2) carefully analyze Taiwan’s needs for en-

2

hancing its defensive capabilities through the sup-3

port of civilians and civilian sectors, including—(A) greater utilization of Taiwan’s high45tech labor force;

6(B) the creation of clear structures and lo-

7gistics support for civilian defense role alloca-

8

tion;

9
10

(C) recruitment and skills training for Taiwan’s defense and civilian sectors;

11(D) strategic stockpiling of resources re-12

lated to critical food security and medical sup-13

plies; and

14(E) other defense and resilience needs and15

considerations at the provincial, city, and neigh-16

borhood levels;

17(3) analyze Taiwan’s needs for enhancing resil-

18

iency among its people and in key economic sectors;

19(4) identify opportunities for Taiwan to en-20

hance communications at all levels to strengthen

21

trust and understanding between the military, other22

government departments, civilian agencies and the23

general public, including—DAV22H09 1TS

S.L.C.

411(A) communications infrastructure nec-

2

essary to ensure reliable communications in re-3

sponse to a conflict or crisis; and4(B) a plan to effectively communicate to5

the general public in response to a conflict or

6

crisis; and7(5) identify the areas and means through which

8

the United States could provide training, exercises,

9and assistance at all levels to support the needs dis-10

covered through the assessment and fill any critical11

gaps where capacity falls short of such needs.

12(c) FORM OF REPORT.—Notwithstanding the classi-

13 fied nature of the assessment required under subsection
14 (a), the assessment shall be shared with appropriate offi15 cials of the government in Taiwan to facilitate coopera16 tion.
17(d) AUTHORIZATION OF APPROPRIATIONS.—

18(1) IN GENERAL.—There is authorized to be

19

appropriated to complete the assessment required

20

under subsection (a) —(A) $500,000 for the Department of State;

21
22
23
24

and
(B) $500,000 for the Department of Defense.

DAV22H09 1TS

S.L.C.

42
1(2) TRANSFER AUTHORITY.—The Secretary of2State and the Secretary of Defense are authorized to3transfer any funds appropriated to their respective

4

departments pursuant to paragraph (1) to the Di-

5

rector of National Intelligence for the purposes of

6

facilitating the contributions of the intelligence com-7

munity to the assessment required under subsection

8

(a).

9

SEC. 208. PRIORITIZING EXCESS DEFENSE ARTICLE TRANS-

1011

FERS FOR TAIWAN.

(a) SENSE OF CONGRESS.—It is the sense of Con-

12 gress that the United States Government should appro13 priately prioritize the review of excess defense article
14 transfers to Taiwan.
15(b) FIVE-YEAR PLAN.—Not later than 90 days after

16 the date of the enactment of this Act, the President
17 shall—18(1) develop a 5-year plan to appropriately

19

prioritize excess defense article transfers to Taiwan;

20

and

21

(2) submit a report to the appropriate commit-

22

tees of Congress that describes such plan.

23(c) REQUIRED COORDINATION.—The United States

24 Government shall coordinate and align excess defense arti25 cle transfers with capacity building efforts of Taiwan.

DAV22H09 1TS

S.L.C.

4312(d) TRANSFER AUTHORITY.—(1) IN

GENERAL.—Section

Assistance

Act

of

516(c)(2) of the3

Foreign

1961(22

U.S.C.

42321j(c)(2)) is amended by striking ‘‘and to the5Philippines’’ and inserting ‘‘, to the Philippines, and6

to Taiwan’’.

7(2) TREATMENT OF TAIWAN.—With respect to8

the transfer of excess defense articles under section

9516(c)(2) of the Foreign Assistance Act of 1961, as

10amended by paragraph (1), Taiwan shall receive the11same benefits as the other countries referred to in

12such section.

13

SEC. 209. FAST-TRACKING SALES TO TAIWAN UNDER FOR-

14

EIGN MILITARY SALES PROGRAM.

15(a) PRECLEARANCE OF CERTAIN FOREIGN MILITARY

16 SALES ITEMS.—
17(1) IN GENERAL.—Not later than one year

18

after the date of the enactment of this Act, and an-

19nually thereafter, the Secretary of State, in coordi-

20

nation with the Secretary of Defense and in conjunc-

21tion with coordinating entities such as the National

22

Disclosure Policy Committee and the Arms Transfer

23

and Technology Release Senior Steering Group,

24

shall compile a list of available and emerging mili-

25

tary platforms, technologies, and equipment that are

DAV22H09 1TS

S.L.C.

441

pre-cleared and prioritized for sale and release to

2

Taiwan through the Foreign Military Sales program.

3(2) SELECTION OF ITEMS.—

4(A) IN GENERAL.—The items pre-cleared5

for sale pursuant to paragraph (1) shall rep-6

resent a full range of capabilities required to7

implement a strategy of denial informed by

8

United States readiness and risk assessments

9and determined by Taiwan to be required for10

various wartime scenarios and peacetime duties.

11(B) RULE OF CONSTRUCTION.—The list

12

compiled pursuant to paragraph (1) shall not be

13

construed as limiting the type, timing, or quan-

14

tity of items that may be requested by, or sold15

to, Taiwan under the Foreign Military Sales

16

program.

17(C) RULE OF CONSTRUCTION.—Nothing in

18

this Act shall be construed to supersede con-19

gressional notification requirements as required20

by the Arms Export Control Act (22 U.S.C.

21

2751 et. seq.) or any informal tiered review

22

process for congressional notifications per-23

taining to Foreign Military Sales.

2425(b) PRIORITIZED PROCESSING OF FOREIGN MILITARY SALES REQUESTS FROM TAIWAN.—DAV22H09 1TS

S.L.C.

45
1(1) REQUIREMENT.—The Secretary of State2

and the Secretary of Defense shall prioritize and ex-3pedite the processing of requests from Taiwan under4

the Foreign Military Sales program, and may not5

delay the processing of requests for bundling pur-6

poses.

7(2) DURATION.—The requirement under para-

8graph (1) shall continue until the Secretary of State9

determines and certifies to the Committee on For-10eign Relations of the Senate and the Committee on

11

Foreign Affairs of the House of Representatives that12

the threat to Taiwan has significantly abated.

13(c) PRIORITY PRODUCTION.—

14(1) IN

GENERAL.—Contractors

awarded De-

15partment of Defense contracts to provide items for16

sale to Taiwan under the Foreign Military Sales pro-

17

gram should expedite and prioritize the production

18of such items above the production of other items.

19(2) ANNUAL REPORT.—Not later than 180 days

20

after the date of the enactment of this Act, and an-21

nually thereafter for 10 years, the Secretary of State22

and the Secretary of Defense shall jointly submit to23

the Committee on Foreign Relations and the Com-24

mittee on Armed Services of the Senate and the25

Committee on Foreign Affairs and the Committee on

DAV22H09 1TS

S.L.C.

46
1

Armed Services of the House of Representatives a2report describing what actions the Department of

3

State and the Department of Defense have taken or4

are planning to take to prioritize Taiwan’s Foreign

5

Military Sales cases, and current procedures or

6mechanisms for determining that a Foreign Military

7

Sales case for Taiwan should be prioritized above a8sale to another country of the same or similar item.

9(d) INTERAGENCY POLICY.—The Secretary of State

10 and the Secretary of Defense shall jointly review and up11 date interagency policies and implementation guidance re12 lated to Foreign Military Sales requests from Taiwan, in13 cluding incorporating the preclearance provisions of this
14 section.
15

SEC. 210. WHOLE-OF-GOVERNMENT DETERRENCE MEAS-

16

URES TO RESPOND TO THE PEOPLE’S REPUB-

17

LIC OF CHINA’S FORCE AGAINST TAIWAN.

18(a) WHOLE-OF-GOVERNMENT REVIEW.—Not later

19 than 14 days after the date of the enactment of this Act,
20 the President shall convene the heads of all relevant Fed21 eral departments and agencies to conduct a whole-of-gov22 ernment review of all available economic, diplomatic, and23 other strategic measures to deter the use of force by the
24 People’s Republic of China to change the status quo of
25 Taiwan.

DAV22H09 1TS

S.L.C.

471(b) BRIEFING REQUIRED.—Not later than 180 days

2 after the date of the enactment of this Act, and annually
3 thereafter for the following 5 years, the Secretary of State,
4 the Secretary of the Treasury, the Secretary of Defense,
5 the Secretary of Commerce, the Director of National Intel6 ligence, and any other relevant heads of Federal depart7 ments and agencies shall provide a detailed briefing to the
8 appropriate committees of Congress regarding—
9(1) all available economic, diplomatic, and other10

strategic measures to deter the use of force by the11

People’s Republic of China, including coercion, grey-

12zone tactics, assertions, shows of force, quarantines,

13

embargoes, or other measures to change the status14

quo of Taiwan;

15(2) efforts by the United States Government to

16

deter the use of force by the People’s Republic of

17

China to change the status quo of Taiwan; and18(3) progress to date of all coordination efforts

19

between the United States Government and its allies

20

and partners with respect to deterring the use of21

force to change the status quo of Taiwan.

22(c) COORDINATED CONSEQUENCES WITH ALLIES

23

AND PARTNERS.—The Secretary of State shall—

24(1) coordinate with United States allies and25

partners to identify and develop significant eco-DAV22H09 1TS

S.L.C.

48
1

nomic, diplomatic, and other measures to deter the2

use of force by the People’s Republic of China to

3change the status quo of Taiwan; and4(2) announce, in advance, the severe con-5

sequences that would take effect immediately after

6

the People’s Republic of China engaged in any such7

use of force.

8(d) ASSIGNMENTS FOR DEFENSE ATTACHÉS.—The

9 Secretary of State shall work with the Secretary of De10 fense to post resident Defense attachés in the Indo-Pacific
11 region, particularly in locations where the People’s Repub12 lic of China has a resident military attaché and the United
13 States does not have a comparable position.
14(e) CLASSIFIED BRIEFINGS.—The briefings required

15 under this section shall take place in a classified setting.
16

SEC. 211. INCREASE IN ANNUAL REGIONAL CONTINGENCY

17

STOCKPILE ADDITIONS AND SUPPORT FOR

18

TAIWAN.

19(a) IN GENERAL.—Section 514(b)(2)(A) of the For-

20 eign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A))
21 is amended by striking ‘‘$200,000,000’’ and all that fol22 lows and inserting ‘‘$500,000,000 for any of the fiscal
23 years 2023, 2024, or 2025.’’.
24(b) ESTABLISHMENT.—Subject to section 514 of the

25 Foreign Assistance Act of 1961 (22 U.S.C. 2321h), theDAV22H09 1TS

S.L.C.

49
1 President may establish a regional contingency stockpile
2 for Taiwan that consists primarily of munitions.
3(c) INCLUSION OF TAIWAN AMONG OTHER ALLIES

4 ELIGIBLE FOR DEFENSE ARTICLES.—Chapter 2 of part
5 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311
6 et seq.) is amended—
7

(1)

in

section514(c)(2)(22

U.S.C.

82321h(c)(2)), by inserting ‘‘Taiwan,’’ after ‘‘Thai-9

land,’’; and

10

(2)

in

section516(c)(2)(22

U.S.C.

112321j(c)(2)), by inserting ‘‘to Taiwan,’’ after ‘‘major

12

non-NATO allies on such southern and southeastern

13

flank,’’.

14(d) ANNUAL BRIEFING.—Not later than 1 year after

15 the date of enactment of this Act, and annually thereafter
16 for 7 years, the President shall provide a briefing to the
17 appropriate committees of Congress regarding the status
18 of a regional contingency stockpile established under sub19 section (b).
20
21
22

SEC. 212. TREATMENT OF TAIWAN AS A MAJOR NON-NATO
ALLY.

Notwithstanding any other provision of law, Taiwan

23 shall be treated as though it were designated a major non24 NATO ally, as defined in section 644(q) of the Foreign
25 Assistance Act of 1961 (22 U.S.C. 2403(q) et seq.), forDAV22H09 1TS

S.L.C.

50
1 the purposes of the transfer or possible transfer of defense
2 articles or defense services under the Arms Export Control
3 Act (22 U.S.C. 2751 et seq.), section 2350a of title 10,
4 United States Code, the Foreign Assistance Act of 1961
5 (22 U.S.C. 2151 et seq.), or any other provision of law.
6

SEC. 213. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY

7

TO PROVIDE SECURITY ASSISTANCE TO TAI-

8

WAN.

9

It is the sense of Congress that the President should

10 use the presidential drawdown authority under sections
11 506(a) and 552(c) of the Foreign Assistance Act of 1961
12 (22 U.S.C. 2318(a) and 2348a(c)) to provide security as13 sistance and other necessary commodities and services to
14 Taiwan in support of Taiwan’s self-defense.
15

SEC. 214. INTERNATIONAL MILITARY EDUCATION AND

16
17

TRAINING COOPERATION WITH TAIWAN.

(a) SENSE OF CONGRESS.—It is the sense of Con-

18 gress that—
19(1) International Military Education and Train-20

ing (IMET) is a critical component of United States

21

security assistance that promotes improved capabili-

22ties of the military forces of allied and friendly coun-

23

tries and closer cooperation between the United

24

States Armed Forces and such military forces;

DAV22H09 1TS

S.L.C.

51
1(2) it is in the national interest of the United

2States and consistent with the Taiwan Relations Act

3(Public Law 96–8; 22 U.S.C. 3301 et seq.) to fur-4

ther strengthen the military forces of Taiwan, par-5

ticularly—(A) to enhance the defensive capabilities of

6such forces; and

78(B) to improve interoperability of such9

forces with the United States Armed Forces;

10

and

11

(3) the government in Taiwan—

12(A) should be authorized to participate in13

the International Military Education and Train-

14

ing program; and15(B) should encourage eligible officers and16

civilian leaders of Taiwan to participate in such17

training program and promote successful grad-

18

uates to positions of prominence in the military

19

forces of Taiwan.
(b) AUTHORIZATION OF PARTICIPATION OF TAIWAN

20
21

IN

THE

INTERNATIONAL MILITARY EDUCATION

AND

22 TRAINING PROGRAM.—Taiwan is authorized to partici23 pate in the International Military Education and Training
24 program for the following purposes:
25(1) To train future leaders of Taiwan.

DAV22H09 1TS

S.L.C.

52
1(2) To establish a rapport between the United

2States Armed Forces and the military forces of Tai-

3

wan to build partnerships for the future.

4(3) To enhance interoperability and capabilities

5

for joint operations between the United States and6

Taiwan.

7(4) To promote professional military education,

8

civilian control of the military, and protection of

9human rights in Taiwan.

1011(5) To foster a better understanding of theUnited States among individuals in Taiwan.

12SEC. 215. EXPEDITING DELIVERY OF ARMS EXPORTS TO

13

TAIWAN AND UNITED STATES ALLIES IN THE

14

INDO-PACIFIC.

15(a) SENSE OF CONGRESS.—It is the sense of Con-

16 gress that—17(1) prioritizing the defense needs of United

18

States allies and partners in the Indo-Pacific is a19

national security priority; and20(2) sustained support to key Indo-Pacific part-21

ners for interoperable defense systems is critical to22

preserve—

2324(A) the safety and security of American
persons;

DAV22H09 1TS

S.L.C.

5312(B) the free flow of commerce throughinternational trade routes;

3(C) the United States commitment to col-4

lective security agreements, territorial integrity,5

and recognized maritime boundaries;

6(D) United States values regarding democ-

7

racy and commitment to maintaining a free and8open Indo-Pacific; and9(E) Taiwan’s defense capability.

10(b) REPORT REQUIRED.—Not later than March 1,

11 2023, and annually thereafter for a period of five years,
12 the Secretary of State, with the concurrence of the Sec13 retary of Defense, shall transmit to the appropriate com14 mittees of Congress a report with respect to the transfer
15 of all defense articles or defense services that have yet to
16 be completed pursuant to the authorities provided by—
17
18
19

(1) section 3, 21, or 36 of the Arms Export
Control Act (22 U.S.C. 2753, 2761, or 2776); or(2) section 516(c)(2) of the Foreign Assistance20

Act of 1961 (22 U.S.C. 2321j(c)(2)).

21(c) ELEMENTS.—The report required under sub-22 section (b) shall include the following elements:
23(1) A list of all approved transfers of defense

24

articles and services authorized by Congress pursu-

25

ant to sections 25 and 36 of the Arms Export Con-DAV22H09 1TS

S.L.C.

541trol Act (22 U.S.C. 2765, 2776) with a total value2

of $25,000,000 or more, to Taiwan, Japan, South

3

Korea, Australia, or New Zealand, that have not4been fully delivered by the start of the fiscal year in5which the report is being submitted.

6(2) The estimated start and end dates of deliv-

7

ery for each approved and incomplete transfer listed

8

pursuant to paragraph (1), including additional de-

9tails and dates for any transfers that involve mul-

10

tiple tranches of deliveries.

11(3) With respect to each approved and incom-

12

plete transfer listed pursuant to paragraph (1), a de-13

tailed description of—

14(A) any changes in the delivery dates of15

defense articles or services relative to the dates

16

anticipated at the time of congressional ap-

17

proval of the transfer, including specific reasons18

for any delays related to the United States Gov-

19

ernment, defense suppliers, or a foreign part-

20

ner;

21

(B) the feasibility and advisability of pro-22

viding the partner subject to such delayed deliv-

23

ery with an interim capability or solution, in-24

cluding drawing from United States stocks, and25

the mechanisms under consideration for doingDAV22H09 1TS

S.L.C.

55
1

so as well as any challenges to implementing

2

such a capability or solution;3(C) authorities, appropriations, or waiver4

requests that Congress could provide to improve

5

delivery timelines or authorize the provision of

6interim capabilities or solutions identified pur-7

suant to subparagraph (B); and

8(D) a description of which countries are

9ahead of Taiwan for delivery of each item listed

10

pursuant to paragraph (1).

11(4) A description of ongoing interagency efforts

12

to support attainment of operational capability of13

the corresponding defense articles and services once

14

delivered, including advance training with United

15

States or armed forces of partner countries on the16

systems to be received. The description of any such17

training shall also include an identification of the18

training implementer.

19(5) If a transfer listed pursuant to paragraph20(1) has been terminated prior to the date of the sub-21

mission of the report for any reason—

22(A) the case information for such transfer,23

including the date of congressional notification,

24

delivery date of the Letter of Offer and Accept-

25

ance (LOA), final signature of the LOA, andDAV22H09 1TS

S.L.C.

56
1

information pertaining to delays in delivering

2

LOAs for signature;34(B) a description of the reasons for which
the transfer is no longer in effect; and5(C) the impact this termination will have6on the intended end-user and the consequent7

implications for regional security, including the8

impact on deterrence of military action by coun-

9

tries hostile to the United States, the military

10balance in the Taiwan Strait, and other factors.

11(6) A separate description of the actions the12United States is taking to expedite deliveries of de-13

fense articles and services to Taiwan, including in

14particular, whether the United States intends to di-15vert defense articles from United States stocks to

16

provide an interim capability or solution with respect

17

to any delayed deliveries to Taiwan and the plan, if

18

applicable, to replenish any such diverted stocks.

19(7) A description of other potential actions al-20

ready undertaken by or currently under consider-21

ation by the Department of State and the Depart-

22

ment of Defense to improve delivery timelines for23

the transfers listed pursuant to paragraph (1).

DAV22H09 1TS

S.L.C.

57
1(d) APPROPRIATE COMMITTEES OF CONGRESS DE-

2

FINED.—In this section, the term ‘‘appropriate commit-

3 tees of Congress’’ means—
4(1) the Committee on Foreign Relations and5

the Committee on Armed Services of the Senate; and6(2) the Committee on Foreign Affairs and the7

Committee on Armed Services of the House of Rep-8

resentatives.

9(e) FORM.—The report required under subsection (b)10 shall be submitted in unclassified form but may include
11 a classified annex.

TITLE III—COUNTERING PEO13
PLE’S REPUBLIC OF CHINA’S
14
COERCION AND INFLUENCE
15
CAMPAIGNS
12

16

SEC. 301. STRATEGY TO RESPOND TO INFLUENCE AND IN-

17

FORMATION OPERATIONS TARGETING TAI-

18

WAN.

19

(a) IN GENERAL.—Not later than 180 days after the

20 date of the enactment of this Act and annually thereafter
21 for the following 5 years, the Secretary of State shall de22 velop and implement a strategy to respond to—23(1) covert, coercive, and corrupting activities

24

carried out to advance the Chinese Communist Par-25

ty’s ‘‘United Front’’ work, including activities di-DAV22H09 1TS

S.L.C.

58
1

rected, coordinated, or otherwise supported by the2

United Front Work Department or its subordinate

3

or affiliated entities; and4(2) information and disinformation campaigns,

5cyber attacks, and nontraditional propaganda meas-

6

ures supported by the Government of the People’s

7

Republic of China and the Chinese Communist

8

Party that are directed toward persons or entities in

9

Taiwan.

10(b) ELEMENTS.—The strategy required under sub-11 section (a) shall include descriptions of—
12(1) the proposed response to propaganda and13

disinformation campaigns by the People’s Republic

14

of China and cyber-intrusions targeting Taiwan, in-15

cluding—

16(A) assistance in building the capacity of17

the government in Taiwan and private-sector

18

entities to document and expose propaganda

19

and disinformation supported by the Govern-

20

ment of the People’s Republic of China, the21

Chinese Communist Party, or affiliated entities;

22(B) assistance to enhance the government

23

in Taiwan’s ability to develop a whole-of-gov-

24

ernment strategy to respond to sharp power op-

25

erations, including election interference; andDAV22H09 1TS

S.L.C.

59(C) media training for Taiwan officials and

1
2

other

Taiwanentities

targetedby3

disinformation campaigns;

4(2) the proposed response to political influence

5

operations that includes an assessment of the extent

6

of influence exerted by the Government of the Peo-7

ple’s Republic of China and the Chinese Communist

8

Party in Taiwan on local political parties, financial

9

institutions, media organizations, and other entities;

10(3) support for exchanges and other technical11

assistance to strengthen the Taiwan legal system’s

12ability to respond to sharp power operations;13(4) the establishment of a coordinated partner-

14

ship, through the American Institute in Taiwan’s

15

Global Cooperation and Training Framework, with

16

like-minded governments to share data and best

17

practices with the government in Taiwan regarding

18

ways to address sharp power operations supported

19

by the Government of the People’s Republic of

20

China and the Chinese Communist Party; and21(5) programs carried out by the Global Engage-

22

ment

Centertoexposemisinformation

and

23

disinformation in the Chinese Communist Party’s

24

propaganda.

DAV22H09 1TS

S.L.C.

60
1SEC. 302. STRATEGY TO COUNTER ECONOMIC COERCION

2BY THE PEOPLE’S REPUBLIC OF CHINA TAR-

3

GETING4

SUPPORT TAIWAN.

5

COUNTRIESAND

ENTITIES

THAT(a) IN GENERAL.—Not later than 90 days after the

6 date of the enactment of this Act, and every 180 days
7 thereafter for the following 5 years, the Secretary of State
8 shall submit to the appropriate committees of Congress
9 a description of the strategy being used by the Depart10 ment of State to respond to the Government of the Peo11 ple’s Republic of China’s increased economic coercion
12 against countries which have strengthened their ties with,
13 or support for, Taiwan.
14(b) ASSISTANCEFOR

COUNTRIESAND

ENTITIES

15 TARGETED BY THE PEOPLE’S REPUBLIC OF CHINA FOR
16 ECONOMIC COERCION.—The Department of State, the17 United States Agency for International Development, the18 United States International Development Finance Cor19 poration, the Department of Commerce and the Depart20 ment of the Treasury shall provide appropriate assistance
21 to countries and entities that are subject to coercive eco22 nomic practices by the People’s Republic of China.
23
24
25

SEC. 303. CHINA CENSORSHIP MONITOR AND ACTIONGROUP.

(a) DEFINITIONS.—In this section:

DAV22H09 1TS

S.L.C.

61
1(1) APPROPRIATE

2

TEES.—The

3

mittees’’ means—

45
6

CONGRESSIONAL

COMMIT-term ‘‘appropriate congressional com-(A) the Committee on Foreign Relations of
the Senate; and(B) the Committee on Foreign Affairs of7

the House of Representatives.

8(2) QUALIFIED RESEARCH ENTITY.—The term

9‘‘qualified research entity’’ means an entity that—

10(A) is a nonpartisan research organization11

or a Federally funded research and development

12

center;13(B) has appropriate expertise and analyt-

14

ical capability to write the report required

15

under subsection (c); and16(C) is free from any financial, commercial,

17

or other entanglements, which could undermine18

the independence of such report or create a19

conflict of interest or the appearance of a con-20

flict of interest, with—

21
22
23

(i) the Government of the People’s
Republic of China;(ii) the Chinese Communist Party;DAV22H09 1TS

S.L.C.

62
1(iii) any company incorporated in the2People’s Republic of China or a subsidiary3of such company; or4(iv) any company or entity incor-

5

porated outside of the People’s Republic of

6

China that is believed to have a substantial

7

financial or commercial interest in the Peo-8

ple’s Republic of China.

9
10

(3)

UNITED

STATESPERSON.—The

term‘‘United States person’’ means—

11(A) a United States citizen or an alien law-12

fully admitted for permanent residence to the13

United States; or

14(B) an entity organized under the laws of

15

the United States or any jurisdiction within the16

United States, including a foreign branch of

17such an entity.

18(b) CHINA CENSORSHIP MONITORANDACTION

19 GROUP.—
20(1) IN GENERAL.—The President shall establish

21

an interagency task force, which shall be known as

22

the ‘‘China Censorship Monitor and Action Group’’

23(referred to in this subsection as the ‘‘Task Force’’).

DAV22H09 1TS

S.L.C.

63
1(2) MEMBERSHIP.—The President shall take2

the following actions with respect to the membership3of, and participation in, the Task Force:

4(A) Appoint the chair of the Task Force5

from among the staff of the National Security

6

Council.

7(B) Appoint the vice chair of the Task

8

Force from among the staff of the National

9

Economic Council.

10(C) Direct the head of each of the fol-11

lowing executive branch agencies to appoint

12

personnel to participate in the Task Force:

13(i) The Department of State.

14(ii) The Department of Commerce.

15(iii) The Department of the Treasury.

16(iv) The Department of Justice.

17(v) The Office of the United States

18

Trade Representative.

19(vi) The Office of the Director of Na-

20

tional Intelligence, and other appropriate

21

elements of the intelligence community (as22defined in section 3 of the National Secu-

23

rity Act of 1947 (50 U.S.C. 3003)).

24
25(vii) The Federal Communications
Commission.

DAV22H09 1TS

S.L.C.

64(viii) The United States Agency for

1

Global Media.

2(ix) Other agencies designated by the3

President.

4
5

(3)

6

shall—RESPONSIBILITIES.—The

Task

Force

7

(A) oversee the development and execution

8of an integrated Federal Government strategy

9

to monitor and address the impacts of efforts

10

directed, or directly supported, by the Govern-

11

ment of the People’s Republic of China to cen-12

sor or intimidate, in the United States or in13

any of its possessions or territories, any United

14

States person, including United States compa-

15

nies that conduct business in the People’s Re-

16

public of China, which are exercising their right17

to freedom of speech; and18(B) submit the strategy developed pursu-

19

ant to subparagraph (A) to the appropriate

20

congressional committees not later than 120

21days after the date of the enactment of this

22

Act.

23

(4) MEETINGS.—The Task Force shall meet24

not less frequently than twice per year.

DAV22H09 1TS

S.L.C.

65
1(5) CONSULTATIONS.—The Task Force should

2

regularly consult, to the extent necessary and appro-3

priate, with—

4
5(A) Federal agencies that are not represented on the Task Force;

6(B) independent agencies of the United

7

States Government that are not represented on

8

the Task Force;

910(C) relevant stakeholders in the private
sector and the media; and11(D) relevant stakeholders among United

12

States allies and partners facing similar chal-

13

lenges related to censorship or intimidation by

14

the Government of the People’s Republic of

15

China.

16(6) REPORTING REQUIREMENTS.—

17(A) ANNUAL REPORT.—The Task Force18

shall submit an annual report to the appro-

19

priate congressional committees that describes,

20with respect to the reporting period—

21(i) the strategic objectives and policies

22

pursued by the Task Force to address the

23

challenges of censorship and intimidation

24of United States persons while in the25

United States or any of its possessions orDAV22H09 1TS

S.L.C.

66
1

territories, which is directed or directly2

supported by the Government of the Peo-3

ple’s Republic of China;4(ii) the activities conducted by the5

Task Force in support of the strategic ob-

6jectives and policies referred to in clause

7(i); and

8(iii) the results of the activities re-9ferred to in clause (ii) and the impact of

10such activities on the national interests of

11

the United States.

12(B) FORM OF REPORT.—Each report sub-13

mitted pursuant to subparagraph (A) shall be

14

unclassified, but may include a classified annex.

15

(C)

CONGRESSIONAL

BRIEFINGS.—Not

16

later than 90 days after the date of the enact-

17

ment of this Act, and annually thereafter, the18

Task Force shall provide briefings to the appro-

19

priate congressional committees regarding the20

activities of the Task Force to execute the21strategy22(3)(A).

23

developed

pursuanttoparagraph(c) REPORT ON CENSORSHIP AND INTIMIDATION OF

24 UNITED STATES PERSONS BY THE GOVERNMENT OF THE
25 PEOPLE’S REPUBLIC OF CHINA.—DAV22H09 1TS

S.L.C.

67
1(1) REPORT.—

2(A) IN GENERAL.—Not later than 90 days

3

after the date of the enactment of this Act, the4Secretary of State shall select and seek to enter5

into an agreement with a qualified research en-

6tity that is independent of the Department of

7

State to write a report on censorship and in-

8

timidation in the United States and its posses-

9

sions and territories of United States persons,

10

including United States companies that conduct

11

business in the People’s Republic of China,

12

which is directed or directly supported by the13

Government of the People’s Republic of China.

14(B) MATTERS TO BE INCLUDED.—The re-15

port required under subparagraph (A) shall—

16(i) assess major trends, patterns, and17

methods of the Government of the People’s

18

Republic of China’s efforts to direct or di-

19

rectly support censorship and intimidation

20of United States persons, including United

21

States companies that conduct business in

22

the People’s Republic of China, which are23

exercising their right to freedom of speech;24(ii) assess, including through the use

25

of illustrative examples, as appropriate, theDAV22H09 1TS

S.L.C.

681

impact on and consequences for United

2States persons, including United States3

companies that conduct business in the

4People’s Republic of China, that criticize—

5

(I)

6

Party;

theChineseCommunist(II) the Government of the Peo-7

ple’s Republic of China;

89(III) the authoritarian model of10

government of the People’s Republic

11

of China; or

12(IV) a particular policy advanced

13

by the Chinese Communist Party or

14

the Government of the People’s Re-

15

public of China;

16(iii) identify the implications for the17

United States of the matters described in

18

clauses (i) and (ii);19(iv) assess the methods and evaluate

20

the efficacy of the efforts by the Govern-

21

ment of the People’s Republic of China to22limit freedom of expression in the private

23

sector, including media, social media, film,

24

education, travel, financial services, sports

25

and

entertainment,

technology,tele-

DAV22H09 1TS

S.L.C.

69
1

communication, and internet infrastructure2interests;

3(v) include policy recommendations

4for the United States Government, includ-5

ing recommendations regarding collabora-

6tion with United States allies and partners,

7

to address censorship and intimidation by

8

the Government of the People’s Republic of

9

China; and(vi) include policy recommendations

10
11

for

UnitedStatespersons,

including

12

United States companies that conduct13

business in China, to address censorship14

and intimidation by the Government of the

15

People’s Republic of China.

16(C) APPLICABILITY

17

ALLIES AND PARTNERS.—To

18

ticable, the report required under subparagraph

19(A) should identify implications and policy rec-20

ommendations that are relevant to United

21

States allies and partners facing censorship and22

intimidation directed or directly supported by

23

the Government of the People’s Republic of

24

China.

25(2) SUBMISSION OF REPORT.—TO UNITED STATES

the extent prac-DAV22H09 1TS

S.L.C.

70
1(A) IN GENERAL.—Not later than 1 year2

after the date of the enactment of this Act, the3Secretary of State shall submit the report writ-4

ten by the qualified research entity selected5

pursuant to paragraph (1)(A) to the appro-

6

priate congressional committees.

7(B) PUBLICATION.—The report referred to8

in subparagraph (A) shall be made accessible to9

the public online through relevant United

10

States Government websites.

TITLE IV—INCLUSION OF TAI12WAN IN INTERNATIONAL OR13GANIZATIONS
11

14
15
16

SEC. 401. PARTICIPATION OF TAIWAN IN INTERNATIONALORGANIZATIONS.

(a) STATEMENT OF POLICY.—It is the policy of the

17 United States to promote Taiwan’s inclusion and mean18 ingful participation in international organizations.
19(b) SUPPORT FOR MEANINGFUL PARTICIPATION.—

20 The Permanent Representative of the United States to the
21 United Nations and other relevant United States officials
22 shall actively support Taiwan’s meaningful participation
23 in all appropriate international organizations.
24(c) REPORT.—Not later than 90 days after the date

25 of the enactment of this Act, the Secretary of State shallDAV22H09 1TS

S.L.C.

71
1 submit a report to the appropriate congressional commit2 tees that—3(1) describes the People’s Republic of China’s

4

efforts at the United Nations and other international5bodies to block Taiwan’s meaningful participation

6

and inclusion; and

7(2) recommends appropriate responses that

8

should be taken by the United States to carry out

9

the policy described in subsection (a).

10
11
12

SEC. 402. PARTICIPATION OF TAIWAN IN THE INTER-AMERICAN DEVELOPMENT BANK.

It is the sense of Congress that—13(1) the United States fully supports Taiwan’s

14

participation in, and contribution to, international

15

organizations and underscores the importance of the16

relationship between Taiwan and the United States;

17(2) diversifying the donor base of the Inter-

18

American Development Bank (referred to in this19

title as the ‘‘IDB’’) and increasing allied engage-

20

ment in the Western Hemisphere reinforces United

21

States national interests;

22(3) Taiwan’s significant contribution to the de-23velopment and economies of Latin America and the24

Caribbean demonstrate that Taiwan’s membership25

in the IDB as a non-borrowing member would ben-

DAV22H09 1TS

S.L.C.

721

efit the IDB and the entire Latin American and2

Caribbean region; and3(4) non-borrowing membership in the IDB

4would allow Taiwan to substantially leverage and5channel the immense resources Taiwan already pro-6

vides to Latin America and the Caribbean to reach7

a larger number of beneficiaries.

8

SEC. 403. PLAN FOR TAIWAN’S PARTICIPATION IN THE

9
10

INTER-AMERICAN DEVELOPMENT BANK.

The Secretary of State, in coordination with the Sec-

11 retary of the Treasury, is authorized—
1213(1) to initiate a United States plan to endorse
non-borrowing IDB membership for Taiwan; and

14(2) to instruct the United States Governor of15

the IDB to work with the IDB Board of Governors

16

to admit Taiwan as a non-borrowing member of the

17

IDB.

18

SEC. 404. REPORT CONCERNING MEMBER STATE STATUS

19

FOR TAIWAN AT THE INTER-AMERICAN DE-

20

VELOPMENT BANK.

21

Not later than 90 days after the date of the enact-

22 ment of this Act, and not later than April 1 of each year
23 thereafter for the following 5 years, the Secretary of State,
24 in coordination with the Secretary of the Treasury, shall
25 submit an unclassified report to the Committee on ForeignDAV22H09 1TS

S.L.C.

73
1 Relations of the Senate and the Committee on Foreign
2 Affairs of the House of Representatives that—3(1) describes the United States plan to endorse4

and obtain non-borrowing membership status for

5

Taiwan at the IDB;

6(2) includes an account of the efforts made by

7

the Secretary of State and the Secretary of the8

Treasury to encourage IDB member states to pro-9

mote Taiwan’s bid to obtain non-borrowing member-

10

ship at the IDB; and11(3) identifies the steps that the Secretary of

12State and the Secretary of the Treasury will take to13endorse and obtain non-borrowing membership sta-

14

tus for Taiwan at the IDB in the following year.

15

SEC. 405. CLARIFICATION REGARDING UNITED NATIONS

16

GENERAL

17(XXVI).

18

ASSEMBLYRESOLUTION

2758

Section 2(a) of the Taiwan Allies International Pro-

19 tection and Enhancement Initiative (TAIPEI) Act of 2019
20 (Public Law 116–135) is amended by adding at the end
21 the following:
22
23‘‘(10) United Nations General Assembly Resolution 2758 (1971)—

24‘‘(A) established the representatives of the25

Government of the People’s Republic of China

DAV22H09 1TS

S.L.C.

741

as the only lawful representatives of China to

2

the United Nations;

3‘‘(B) did not address the issue of represen-4tation and meaningful participation of Taiwan

5and its people in the United Nations or in any

6related organizations; and7‘‘(C) did not take a position on the rela-

8

tionship between the People’s Republic of China

9and Taiwan or include any statement pertaining

10

to Taiwan’s sovereignty.

11‘‘(11) The United States opposes any initiative

12

that seeks to change Taiwan’s status without the13consent of the people of Taiwan.’’.

14

SEC. 406. MEANINGFUL PARTICIPATION OF TAIWAN IN THE

15

INTERNATIONAL CIVIL AVIATION ORGANIZA-

16

TION.

17

(a) SENSE OF CONGRESS.—It is the sense of Con-

18 gress that—19(1) the International Civil Aviation Organiza-

20

tion (ICAO) should allow Taiwan to meaningfully

21

participate in the organization, including in ICAO

22

triennial assembly sessions, conferences, technical23

working groups, meetings, activities, and mecha-

24

nisms;

DAV22H09 1TS

S.L.C.

75
1(2) Taiwan is a global leader and hub for inter-2

national aviation, with a range of expertise, informa-

3tion, and resources and the fifth busiest airport in

4

Asia (Taoyuan International Airport), and its mean-

5

ingful participation in ICAO would significantly en-

6hance the ability of ICAO to ensure the safety and7security of global aviation; and

8(3) coercion by the Chinese Communist Party

9and the People’s Republic of China has ensured the10systematic exclusion of Taiwan from meaningful par-11

ticipation in ICAO, significantly undermining the12ability of ICAO to ensure the safety and security of

13

global aviation.

14(b) PLAN FOR TAIWAN’S MEANINGFUL PARTICIPA-

15

TION IN THE INTERNATIONAL CIVIL AVIATION ORGANIZA-

16

TION.—The Secretary of State, in coordination with the

17 Secretary of Commerce, is authorized—
18(1) to initiate a United States plan to secure

19

Taiwan’s meaningful participation in ICAO, includ-20

ing in ICAO triennial assembly sessions, con-21

ferences, technical working groups, meetings, activi-

22

ties, and mechanisms; and2324(2) to instruct the United States representative
to the ICAO to—DAV22H09 1TS

S.L.C.

761(A) use the voice and vote of the United

2States to ensure Taiwan’s meaningful participa-

3tion in ICAO, including in ICAO triennial as-

4sembly sessions, conferences, technical working

5groups, meetings, activities, and mechanisms;

6

and

7

(B) seek to secure a vote at the next ICAO

8triennial assembly session on the question of

9

Taiwan’s participation in that session.

10(c) REPORT CONCERNING TAIWAN’S MEANINGFUL

11 PARTICIPATION IN THE INTERNATIONAL CIVIL AVIATION
12 ORGANIZATION.—Not later than 90 days after the date
13 of the enactment of this Act, and not later than April 1
14 of each year thereafter for the following 6 years, the Sec15 retary of State, in coordination with the Secretary of Com16 merce, shall submit an unclassified report to the Com17 mittee on Foreign Relations of the Senate and the Com18 mittee on Foreign Affairs of the House of Representatives
19 that—20(1) describes the United States plan to ensure

21

Taiwan’s meaningful participation in ICAO, includ-22

ing in ICAO triennial assembly sessions, con-23

ferences, technical working groups, meetings, activi-

24

ties, and mechanisms;

DAV22H09 1TS

S.L.C.

77
1(2) includes an account of the efforts made by

2

the Secretary of State and the Secretary of Com-3

merce to ensure Taiwan’s meaningful participation

4

in ICAO, including in ICAO triennial assembly ses-5

sions, conferences, technical working groups, meet-6

ings, activities, and mechanisms; and7(3) identifies the steps the Secretary of State8and the Secretary of Commerce will take in the next

9

year to ensure Taiwan’s meaningful participation in

10

ICAO, including in ICAO triennial assembly ses-11

sions, conferences, technical working groups, meet-

12

ings, activities, and mechanisms.

TITLE V—ENHANCED DEVELOP14
MENT AND ECONOMIC CO15
OPERATION BETWEEN THE
16
UNITED STATES AND TAIWAN
13

17
18

SEC. 501. FINDINGS.

Congress makes the following findings:

19(1) Taiwan has been an important trading part-20

ner of the United States for many years, accounting

21

for $114,000,000,000 in two-way trade in 2021.

22(2) Taiwan has demonstrated the capacity to

23

hold a strong economic partnership with the United

24

States. Along with a robust trading profile of goods

25

and services, Taiwan supports an estimated 208,000

DAV22H09 1TS

S.L.C.

78
1

American jobs and its cumulative investment in the2

United States is at least $13,700,000,000, numbers

3that will only increase with a comprehensive bilateral

4

trade agreement.

5(3) In addition to supplementing United States

6

goods and services, Taiwan is a reliable partner in7

many United States’ industries, which is not only

8

critical for diversifying United States supply chains,9but is also essential to reducing the United States’

10

reliance on other countries, such as China, who seek11

to leverage supply chain inefficiencies in their path12

to regional and global dominance. Such diversifica-

13

tion of United States supply chains is critical to our

14national security.

15(4) The challenges to establishing an agreement

16with Taiwan, such as reaching an agreement on ag-

17ricultural standards, must not prevent the comple-

18

tion of a bilateral trade agreement. Taiwan has al-

19

ready taken steps to further the progress towards

20such an agreement by announcing its intent to lift21

restrictions on United States pork and beef prod-22

ucts, which will greatly increase the accessibility of23

American farmers and ranchers to Taiwan markets.

24

In light of this important development, the United

25

States should immediately move forward with sub-

DAV22H09 1TS

S.L.C.

79
1

stantial negotiations for a comprehensive bilateral2

trade agreement with Taiwan.

3(5) A free and open Indo-Pacific is a goal that4

needs to be actively pursued to counter China’s use

5of unfair trading practices and other policies to ad-

6vance its economic dominance in the Indo-Pacific re-7gion. An agreement with Taiwan would—

8(A) help the United States accomplish this9

goal by building a network of like-minded gov-

10

ernments dedicated to fair competition and11

open markets that are free from government

12

manipulation; and13(B) encourage other nations to deepen eco-14

nomic ties with Taiwan.

15(6) Since November 2020, Taiwan and the16

United States have engaged in the U.S.-Taiwan Eco-17

nomic Prosperity Partnership Dialogue, covering a18

broad range of economic issues including—1920(A) 5G networks and telecommunications
security;

21(B) supply chains resiliency;

22(C) infrastructure cooperation;

23(D) renewable energy;

24(E) global health; and25(F) science and technology.

DAV22H09 1TS

S.L.C.

80
1(7) A trade agreement between the United

2States and Taiwan would promote security and eco-3

nomic growth for the United States, Taiwan, and4

the entire Indo-Pacific region.

5
6
7
8
9

(8) Excluding Taiwan from the Indo-Pacific
Economic Framework would—(A) create significant distortions in the regional and global economic architecture; and(B) run counter to the United States’ eco-10

nomic interests.

11(9) Taiwan is the United States’ largest trading

12

partner with whom we do not have an income tax

13treaty or agreement. Taiwan has such agreements

14with 34 countries, including countries that have15

trade agreements with the United States and do not16

maintain diplomatic relations with Taiwan.

17(10) The American Chamber of Commerce in

18

Taipei, in its ‘‘2022 Taiwan White Paper’’, called

19

for the United States and Taiwan to continue ex-20

ploring an income tax agreement to boost bilateral

21

trade and investment by reducing double taxation22

and increasing economic efficiency and integration.

DAV22H09 1TS

S.L.C.

81
1

SEC. 502. SENSE OF CONGRESS ON A FREE TRADE AGREE-

2

MENT

3

WITH TAIWAN, THE INDO-PACIFIC ECONOMIC

4FRAMEWORK, AND CBP PRECLEARANCE.

5

AND

BILATERALTAX

AGREEMENT

It is the Sense of Congress that—

6(1) the United States Trade Representative

7

should resume meetings under the United States

8and Taiwan Trade and Investment Framework

9

Agreement with the goal of reaching a bilateral free10

trade agreement with Taiwan;

11(2) the United States Trade Representative

12

should undertake efforts to assess whether the13

Agreement Concerning Digital Trade, signed at

14

Washington October 7, 2019, and entered into force

15

January 1, 2020, between the United States and16

Japan, provides a model for a similar agreement be-

17

tween the United States and Taiwan to strengthen

18

economic ties with Taiwan in key sectors;

19(3) the United States Trade Representative and20

the Secretary of Commerce should undertake efforts

21

to assure Taiwan’s engagement and participation in

22

the Indo-Pacific Economic Framework;23(4) the United States should utilize and expand

24

Preclearance programs to meet the needs of the25

United States travel and tourism industry, including

26

by prioritizing the establishment of Preclearance fa-

DAV22H09 1TS

S.L.C.

82
1

cilities with Indo-Pacific allies and partners, includ-2

ing Taiwan; and(5) the United States should—

34(A) begin negotiations on an income tax

5agreement between the American Institute in

6

Taiwan and the Taipei Economic and Cultural

7

Representative Office in the United States; and8(B) work on a congressional-executive

9

agreement to establish such an income tax

10agreement.

11

SEC. 503. SENSE OF CONGRESS ON UNITED STATES-TAIWAN12DEVELOPMENT COOPERATION.

13

It is the sense of Congress that—14(1) the United States and Taiwan share com-15

mon development goals in a wide range of sectors,

16

including public health, agriculture, food security,

17

democracy and governance, and education;18(2) enhanced cooperation between the United

19

States and Taiwan would better advance these goals;

20

and

21

(3) the United States Agency for International

22

Development should explore opportunities to partner

23

with Taiwan on projects in developing countries re-24

lated to inclusive economic growth, resilience, global

DAV22H09 1TS

S.L.C.

831

health, education, infrastructure, humanitarian as-2

sistance, disaster relief, and other areas.

TITLE VI—SUPPORTING UNITED
4STATES EDUCATIONAL AND
5
EXCHANGE PROGRAMS WITH
6
TAIWAN
37
8SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Taiwan Fellowship

9 Act’’.
10
11

SEC. 602. FINDINGS.

Congress makes the following findings:

12(1) The Taiwan Relations Act (Public Law 96–

13

8; 22 U.S.C. 3301 et seq.) affirmed United States

14

policy ‘‘to preserve and promote extensive, close, and15

friendly commercial, cultural, and other relations be-

16

tween the people of the United States and the people

17

on Taiwan, as well as the people on the China main-

18

land and all other peoples of the Western Pacific19

area’’.

20(2) Consistent with the Asia Reassurance Ini-

21

tiative Act of 2018 (Public Law 115–409), the22United States has grown its strategic partnership23with Taiwan’s vibrant democracy of 23,000,000 peo-

24

ple.

DAV22H09 1TS

S.L.C.

841(3) Despite a concerted campaign by the Peo-2

ple’s Republic of China to isolate Taiwan from its

3

diplomatic partners and from international organiza-

4

tions, including the World Health Organization, Tai-

5

wan has emerged as a global leader in the6coronavirus global pandemic response, including by

7

donating more than 2,000,000 surgical masks and8other medical equipment to the United States.

910(4) The creation of a United States fellowship
program with Taiwan would support—

11(A) a key priority of expanding people-to-

12people exchanges, which was outlined in Presi-

13

dent Donald J. Trump’s 2017 National Secu-

14

rity Strategy;

15(B) President Joseph R. Biden’s commit-

16

ment to Taiwan, ‘‘a leading democracy and a17

critical economic and security partner’’, as ex-

18pressed in his March 2021 Interim National Se-

19

curity Strategic Guidance; and20(C) April 2021 guidance from the Depart-

21

ment of State based on a review required under22

the Taiwan Assurance Act of 2020 (subtitle B

23of title III of division FF of Public Law 116–24260) to ‘‘encourage U.S. government engage-DAV22H09 1TS

S.L.C.

851

ment with Taiwan that reflects our deepening

2

unofficial relationship’’.

34SEC. 603. PURPOSES.

The purposes of this title are—5(1) to further strengthen the United States-Tai-

6

wan strategic partnership and broaden under-

7

standing of the Indo-Pacific region by temporarily

8

assigning officials of any agencies of the United

9States Government to Taiwan for intensive study in

10

Mandarin and placement as Fellows with the govern-

11

ment in Taiwan or a Taiwanese civic institution;

12
13
14
15

(2) to provide for eligible United States personnel—(A) to learn or strengthen Mandarin Chinese language skills; and

16(B) to expand their understanding of the17

political economy of Taiwan and the Indo-Pa-

18cific region; and19(3) to better position the United States to ad-

20vance its economic, security, and human rights in-21

terests and values in the Indo-Pacific region.

22

SEC. 604. DEFINITIONS.

23

In this title:

24(1) AGENCY HEAD.—The term ‘‘agency head’’25

means, in the case of the executive branch of UnitedDAV22H09 1TS

S.L.C.

861

States Government or a legislative branch agency

2

described in paragraph (2), the head of the respec-3

tive agency.

4(2) AGENCY OF THE UNITED STATES GOVERN-

5

MENT.—The

term ‘‘agency of the United States

6

Government’’ includes the Government Account-7

ability Office, the Congressional Budget Office, and8

the Congressional Research Service of the legislative

9

branch, as well as any agency of the executive

10

branch.

11(3)

APPROPRIATECOMMITTEES

OF

CON-

12

GRESS.—The term ‘‘appropriate committees of Con-13

gress’’ means—

14
15
16
17
18
19
20

(A) the Committee on Foreign Relations of
the Senate;(B) the Committee on Appropriations of
the Senate;(C) the Committee on Foreign Affairs ofthe House of Representatives; and(D) the Committee on Appropriations of21

the House of Representatives.

22(4) DETAILEE.—The term ‘‘detailee’’—23(A) means an employee of an agency of the24

United States Government on loan to the Amer-25

ican Institute in Taiwan, without a change ofDAV22H09 1TS

S.L.C.

871

position from the agency at which he or she is2

employed; and3(B) a legislative branch employee from the4

Government Accountability Office, Congres-5

sional Budget Office, or the Congressional Re-

6search Service.

7(5) IMPLEMENTING PARTNER.—The term ‘‘im-

8

plementing partner’’ means any United States orga-

9

nization described in 501(c)(3) of the Internal Rev-

10

enue Code of 1986 that—

11(A) performs logistical, administrative, and12other functions, as determined by the Depart-

13

ment of State and the American Institute of

14

Taiwan in support of the Taiwan Fellowship

15

Program; and

16(B) enters into a cooperative agreement

17with the American Institute in Taiwan to ad-

18

minister the Taiwan Fellowship Program.

19(6) PROGRAM.—The term ‘‘Program’’ means

20

the Taiwan Fellowship Program established pursu-

21

ant to section 605.

2223

SEC. 605. TAIWAN FELLOWSHIP PROGRAM.

(a) ESTABLISHMENT.—The Secretary of State shall

24 establish the Taiwan Fellowship Program (referred to in
25 this section as the ‘‘Program’’) to provide a fellowship op-

DAV22H09 1TS

S.L.C.

88
1 portunity in Taiwan of up to 2 years for eligible United
2 States citizens. The Department of State, in consultation
3 with the American Institute in Taiwan and the imple4 menting partner, may modify the name of the Program.
5(b) COOPERATIVE AGREEMENT.—

6(1) IN GENERAL.—The American Institute in

7

Taiwan should use amounts appropriated pursuant

8

to section 608(a) to enter into an annual or multi-

9year cooperative agreement with an appropriate im-

10

plementing partner.

11(2) FELLOWSHIPS.—The Department of State12or the American Institute in Taiwan, in consultation

13

with, as appropriate, the implementing partner,

14

should award to eligible United States citizens, sub-15

ject to available funding—

16
17
18

(A) approximately 5 fellowships during thefirst 2 years of the Program; and(B) approximately 10 fellowships during

19

each of the remaining years of the Program.

20(c) AMERICAN INSTITUTION IN TAIWAN AGREEMENT;

21 IMPLEMENTING PARTNER.—Not later than 30 days after
22 the date of the enactment of this Act, the American Insti23 tute in Taiwan, in consultation with the Department of
24 State, should—

DAV22H09 1TS

S.L.C.

891(1) begin negotiations with the Taipei Economic

2and Cultural Representative Office, or with another3

appropriate entity, for the purpose of entering into4

an agreement to facilitate the placement of fellows

5

in an agency of the government in Taiwan; and67(2) begin the process of selecting an implementing partner, which—

8(A) shall agree to meet all of the legal re-9quirements required to operate in Taiwan; and

10(B) shall be composed of staff who dem-

11

onstrate significant experience managing ex-

12change programs in the Indo-Pacific region.

13(d) CURRICULUM.—

14(1) FIRST YEAR.—During the first year of each15

fellowship under this section, each fellow should

16

study—

17(A) the Mandarin Chinese language;18(B) the people, history, and political cli-

19

mate on Taiwan; and20(C) the issues affecting the relationship be-

21

tween the United States and the Indo-Pacific22

region.

23(2) SECOND YEAR.—During the second year of24

each fellowship under this section, each fellow, sub-25

ject to the approval of the Department of State, theDAV22H09 1TS

S.L.C.

90
1

American Institute in Taiwan, and the implementing

2

partner, and in accordance with the purposes of this3

title, should work in—

4(A) a parliamentary office, ministry, or5other agency of the government in Taiwan; or

6(B) an organization outside of the govern-

7

ment in Taiwan, whose interests are associated8with the interests of the fellow and the agency

9of the United States Government from which

10

the fellow is or had been employed.

11(e) FLEXIBLE FELLOWSHIP DURATION.—Notwith-12 standing any requirement under this section, the Sec13 retary of State, in consultation with the American Insti14 tute in Taiwan and, as appropriate, the implementing
15 partner, may award fellowships that have a duration of
16 less than two years, and may alter the curriculum require17 ments under subsection (d) for such purposes.
18(f) SUNSET.—The fellowship program under this title

19 shall terminate 7 years after the date of the enactment
20 of this Act.
21
22(g) PROGRAM REQUIREMENTS.—(1) ELIGIBILITYREQUIREMENTS.—A

United23

States citizen is eligible for a fellowship under this24

section if he or she—DAV22H09 1TS

S.L.C.

91
1
2(A) is an employee of the United States
Government;

3(B) has received at least one exemplary

4

performance review in his or her current United

5

States Government role within at least the last6

three years prior to beginning the fellowship;

78(C) has at least 2 years of experience inany branch of the United States Government;

9(D) has a demonstrated professional or10

educational background in the relationship be-

11

tween the United States and countries in the

12

Indo-Pacific region; and13(E) has demonstrated his or her commit-

14

ment to further service in the United States

15

Government.

16(2) RESPONSIBILITIES OF FELLOWS.—Each re-17

cipient of a fellowship under this section shall agree,18

as a condition of such fellowship—

19(A) to maintain satisfactory progress in

20

language training and appropriate behavior in

21

Taiwan, consistent with United States Govern-

22

ment policy toward Taiwan, as determined by

23

the Department of State, the American Insti-

24

tute in Taiwan and, as appropriate, its imple-

25

menting partner;

DAV22H09 1TS

S.L.C.

92
1(B) to refrain from engaging in any intel-

2

ligence or intelligence-related activity on behalf

3of the United States Government; and4(C) to continue Federal Government em-

5ployment for a period of not less than 4 years

6

after the conclusion of the fellowship or for not

7

less than 2 years for a fellowship that is 1 year

8

or shorter.

9

(3)

10

PARTNER.—RESPONSIBILITIESOFIMPLEMENTING

11(A) SELECTION OF FELLOWS.—The imple-

12

menting partner, with the concurrence of the13

Department of State and the American Insti-

14tute in Taiwan, shall—

15(i) make efforts to recruit fellowship

16

candidates who reflect the diversity of the17

United States;

18(ii) select fellows for the Taiwan Fel-19

lowship Program based solely on merit,20

with appropriate supervision from the De-

21partment of State and the American Insti-

22tute in Taiwan; and23(iii) prioritize the selection of can-24

didates willing to serve in a fellowship last-25

ing 1 year or longer.

DAV22H09 1TS

S.L.C.

93
1(B) FIRST YEAR.—The implementing part-2

ner should provide each fellow in the first year3

(or shorter duration, as jointly determined by

4

the Department of State and the American In-

5stitute in Taiwan for those who are not serving

6

a 2-year fellowship) with—

78(i) intensive Mandarin Chinese language training; and9(ii) courses in the politics, culture,10and history of Taiwan, China, and the11

broader Indo-Pacific.

12(C) WAIVER OF FIRST-YEAR TRAINING.—

13

The Department of State, in coordination with

14

the American Institute in Taiwan and, as ap-

15

propriate, the implementing partner, may waive16

any of the training required under paragraph17(2) to the extent that a fellow has Mandarin

18

language skills, knowledge of the topic de-19

scribed in subparagraph (B)(ii), or for other re-20

lated reasons approved by the Department of

21

State and the American Institute in Taiwan. If

22

any of the training requirements are waived for23

a fellow serving a 2-year fellowship, the training

24

portion of his or her fellowship may be short-25

ened to the extent appropriate.

DAV22H09 1TS

S.L.C.

94
1(D)

OFFICE;

STAFFING.—The

imple-

2

menting partner, in consultation with the De-

3partment of State and the American Institute4in Taiwan, may maintain an office and at least5

1 full-time staff member in Taiwan—

6(i) to liaise with the American Insti-

7

tute in Taiwan and the government in Tai-

8wan; and9(ii) to serve as the primary in-country

10

point of contact for the recipients of fellow-

11

ships under this Act and their dependents.

12

(E)

OTHER

FUNCTIONS.—The

imple-

13

menting partner may perform other functions

14

in association with support of the Taiwan Fel-15

lowship Program, including logistical and ad-

16

ministrative functions, as prescribed by the De-

17partment of State and the American Institute18

in Taiwan.

19(4) NONCOMPLIANCE.—

20(A) IN GENERAL.—Any fellow who fails to

21comply with the requirements under this section

22

shall reimburse the American Institute in Tai-

23wan, or the appropriate United States Govern-

24

ment agency for—

DAV22H09 1TS

S.L.C.

951(i) the Federal funds expended for the2

fellow’s participation in the fellowship, as3

set forth in paragraphs (2) and (3); and(ii) interest accrued on such funds

4
5(calculated at the prevailing rate).

6(B) FULL REIMBURSEMENT.—Any fellow

7

who violates paragraph (1) or (2) of subsection

8(b) shall reimburse the American Institute in

9

Taiwan, or the appropriate United States Gov-

10ernment agency, in an amount equal to the sum

11

of—

12

(i) all of the Federal funds expended

13

for the fellow’s participation in the fellow-

14

ship; and15(ii) interest on the amount specified in

16

subparagraph (A), which shall be cal-17

culated at the prevailing rate.

18(C) PRO RATA REIMBURSEMENT.—Any fel-

19

low who violates subsection (b)(3) shall reim-

20

burse the American Institute in Taiwan, or the21

appropriate United States Government agency,

22

in an amount equal to the difference between—

23(i) the amount specified in paragraph2425(2); and(ii) the product of—

DAV22H09 1TS

S.L.C.

961(I) the amount the fellow re-2

ceived in compensation during the3

final year of the fellowship, including4

the value of any allowances and bene-

5fits received by the fellow; multiplied

6

by

7

(II) the percentage of the period

8

specified in subsection (b)(3) during

9

which the fellow did not remain em-

10ployed by the Federal Government.

11
12

SEC. 606. REPORTS AND AUDITS.

(a) ANNUAL REPORT.—Not later than 90 days after

13 the selection of the first class of fellows under this title,
14 and annually thereafter for 7 years, the Department of
15 State shall offer to brief the appropriate committees of
16 Congress regarding the following issues:
17(1) An assessment of the performance of the18

implementing partner in fulfilling the purposes of

19this Act.

20(2) The names and sponsoring agencies of the21

fellows selected by the implementing partner and the22extent to which such fellows represent the diversity

23of the United States.

24(3) The names of the parliamentary offices,25

ministries, other agencies of the government in Tai-

DAV22H09 1TS

S.L.C.

97
1

wan, and nongovernmental institutions to which

2each fellow was assigned during the second year of3

the fellowship.

4(4) Any recommendations, as appropriate, to5

improve the implementation of the Taiwan Fellow-

6

ship Program, including added flexibilities in the ad-7

ministration of the program.

8(5) An assessment of the Taiwan Fellowship

9

Program’s value upon the relationship between the10

United States and Taiwan or the United States and

11

Asian countries.

12(b) ANNUAL FINANCIAL AUDIT.—

13(1) IN GENERAL.—The financial records of any

14

implementing partner shall be audited annually in

15

accordance with generally accepted government au-

16

diting standards by independent certified public ac-

17

countants or independent licensed public accountants

18

who are certified or licensed by a regulatory author-

19

ity of a State or another political subdivision of the20

United States.

21(2) LOCATION.—Each audit under paragraph22(1) shall be conducted at the place or places where23

the financial records of the implementing partner

24

are normally kept.

DAV22H09 1TS

S.L.C.

98
1(3)

ACCESSTO

DOCUMENTS.—The

imple-

2

menting partner shall make available to the account-3

ants conducting an audit under paragraph (1)—4(A) all books, financial records, files, other5

papers, things, and property belonging to, or in6

use by, the implementing partner that are nec-

7

essary to facilitate the audit; and

8(B) full facilities for verifying transactions

9with the balances or securities held by deposi-

10

tories, fiscal agents, and custodians.

11(4) REPORT.—

12(A) IN

GENERAL.—Notlater than 913months after the end of each fiscal year, the14

implementing partner shall provide a report of15

the audit conducted for such fiscal year under16

paragraph (1) to the Department of State and17

the American Institute in Taiwan.

18

(B)

19

shall—CONTENTS.—Eachaudit

report20(i) set forth the scope of the audit;

21(ii) include such statements, along

22

with the auditor’s opinion of those state-

23

ments, as may be necessary to present fair-24

ly the implementing partner’s assets andDAV22H09 1TS

S.L.C.

991

liabilities, surplus or deficit, with reason-

2

able detail;3(iii) include a statement of the imple-

4

menting partner’s income and expenses

5during the year; and6(iv) include a schedule of—7(I) all contracts and cooperative

8

agreements requiring payments great-9

er than $5,000; and10(II) any payments of compensa-

11tion, salaries, or fees at a rate greater

12

than $5,000 per year.

13(C) COPIES.—Each audit report shall be

14

produced in sufficient copies for distribution to15

the public.

16
17
18

SEC. 607. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.

(a) IN GENERAL.—

19(1) DETAIL AUTHORIZED.—With the approval

20of the Secretary of State, an agency head may de-21

tail, for a period of not more than 2 years, an em-

22ployee of the agency of the United States Govern-

23

ment who has been awarded a fellowship under this24

title, to the American Institute in Taiwan for the25

purpose of assignment to the government in Taiwan

DAV22H09 1TS

S.L.C.

100
1

or

an

organization

2605(d)(2)(B).

described

insection3(2) AGREEMENT.—Each detailee shall enter4

into a written agreement with the Federal Govern-

5

ment before receiving a fellowship, in which the fel-6

low shall agree—

7(A) to continue in the service of the spon-

8

soring agency at the end of fellowship for a pe-

9riod of at least 4 years (or at least 2 years if

10

the fellowship duration is 1 year or shorter) un-

11

less the detailee is involuntarily separated from12

the service of such agency; and13(B) to pay to the American Institute in

14

Taiwan, or the United States Government agen-15cy, as appropriate, any additional expenses in-16

curred by the Federal Government in connec-

17tion with the fellowship if the detailee volun-

18

tarily separates from service with the spon-

19

soring agency before the end of the period for20

which the detailee has agreed to continue in the21

service of such agency.

22(3) EXCEPTION.—The payment agreed to under23

paragraph (2)(B) may not be required from a

24detailee who leaves the service of the sponsoring

25

agency to enter into the service of another agency ofDAV22H09 1TS

S.L.C.

1011

the United States Government unless the head of2

the sponsoring agency notifies the detailee before the3effective date of entry into the service of the other4

agency that payment will be required under this sub-5

section.

6(b)

STATUS

AS

GOVERNMENTEMPLOYEE.—A

7 detailee—
8(1) is deemed, for the purpose of preserving al-

9lowances, privileges, rights, seniority, and other ben-10

efits, to be an employee of the sponsoring agency;

11(2) is entitled to pay, allowances, and benefits

12from funds available to such agency, which is13deemed to comply with section 5536 of title 5,

14

United States Code; and15(3) may be assigned to a position with an entity

16

described in section 605(d)(2)(A) if acceptance of17such position does not involve—

1819(A) the taking of an oath of allegiance toanother government; or

20(B) the acceptance of compensation or

21

other benefits from any foreign government by

22such detailee.

23(c) RESPONSIBILITIES OF SPONSORING AGENCY.—

24(1) IN GENERAL.—The Federal agency from25

which a detailee is detailed should provide the fellow

DAV22H09 1TS

S.L.C.

102
1

allowances and benefits that are consistent with De-

2partment of State Standardized Regulations or other3

applicable rules and regulations, including—

4
5
6
7

(A) a living quarters allowance to cover thecost of housing in Taiwan;(B) a cost of living allowance to cover any
possible higher costs of living in Taiwan;

8(C) a temporary quarters subsistence al-

9lowance for up to 7 days if the fellow is unable10

to find housing immediately upon arriving in

11

Taiwan;12(D) an education allowance to assist par-13

ents in providing the fellow’s minor children

14with educational services ordinarily provided

15

without charge by public schools in the United

16

States;17(E) moving expenses to transport personal

18

belongings of the fellow and his or her family

19in their move to Taiwan, which is comparable

20

to the allowance given for American Institute in

21

Taiwan employees assigned to Taiwan; and22(F) an economy-class airline ticket to and23from Taiwan for each fellow and the fellow’s

24

immediate family.

DAV22H09 1TS

S.L.C.

103
1(2) MODIFICATION OF BENEFITS.—The Amer-2

ican Institute in Taiwan and its implementing part-3

ner, with the approval of the Department of State,4

may modify the benefits set forth in paragraph (1)5if such modification is warranted by fiscal cir-

6

cumstances.

7(d) NO FINANCIAL LIABILITY.—The American Insti-

8 tute in Taiwan, the implementing partner, and any gov9 ernment in Taiwan or nongovernmental entities in Taiwan
10 at which a fellow is detailed during the second year of
11 the fellowship may not be held responsible for the pay,
12 allowances, or any other benefit normally provided to the
13 detailee.
14(e) REIMBURSEMENT.—Fellows may be detailed

15 under subsection (a)(1) without reimbursement to the
16 United States by the American Institute in Taiwan.
17(f) ALLOWANCES AND BENEFITS.—Detailees may be

18 paid by the American Institute in Taiwan for the allow19 ances and benefits listed in subsection (c).
20
21SEC. 608. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to the American Insti23 tute in Taiwan—
24(1) for fiscal year 2023, $2,900,000, of which—DAV22H09 1TS

S.L.C.

1041(A) $500,000 shall be used to launch the2

Taiwan Fellowship Program through a competi-

3tive cooperative agreement with an appropriate

4

implementing partner;

5(B) $2,300,000 shall be used to fund a co-6

operative agreement with an appropriate imple-

7

menting partner; and

8(C) $100,000 shall be used for manage-

9

ment expenses of the American Institute in Tai-

10

wan related to the management of the Taiwan

11

Fellowship Program; and

12(2) for fiscal year 2024, and each succeeding

13

fiscal year, $2,400,000, of which—

14(A) $2,300,000 shall be used for a cooper-

15

ative agreement to the appropriate imple-

16

menting partner; and

17(B) $100,000 shall be used for manage-

18

ment expenses of the American Institute in Tai-

19

wan related to the management of the Taiwan

20

Fellowship Program.

21(b) PRIVATE SOURCES.—The implementing partner

22 selected to implement the Taiwan Fellowship Program
23 may accept, use, and dispose of gifts or donations of serv24 ices or property in carrying out such program, subject toDAV22H09 1TS

S.L.C.

105
1 the review and approval of the American Institute in Tai2 wan.
3
4SEC. 609. STUDY AND REPORT.

Not later than one year prior to the sunset of the

5 fellowship program under section 605(f), the Comptroller
6 General of the United States shall conduct a study and
7 submit to the Committee on Foreign Relations of the Sen8 ate and the Committee on Foreign Affairs of the House
9 a report that includes—
10(1) an analysis of the United States Govern-

11

ment participants in this program, including the

12number of applicants and the number of fellowships

13

undertaken, the place of employment, and an assess-14

ment of the costs and benefits for participants and15

for the United States Government of such fellow-

16

ships;

17(2) an analysis of the financial impact of the18

fellowship on United States Government offices

19

which have provided fellows to participate in the pro-20

gram; and21
22(3) recommendations, if any, on how to improve
the fellowship program.

DAV22H09 1TS

S.L.C.

106
1

SEC. 610. SUPPORTING UNITED STATES EDUCATIONAL AND

2

EXCHANGE PROGRAMS WITH TAIWAN.

3(a) ESTABLISHMENT OF THE UNITED STATES-TAI-

4WAN

CULTURAL EXCHANGE FOUNDATION.—The Sec-

5 retary of State should consider establishing an inde6 pendent nonprofit entity that—7(1) is dedicated to deepening ties between the

8

future leaders of Taiwan and the future leaders of

9

the United States; and

10(2) works with State and local school districts

11

and educational institutions to send high school and12university students to Taiwan to study the Chinese

13

language, culture, history, politics, and other rel-

14

evant subjects.

15(b) PARTNER.—State and local school districts and

16 educational institutions, including public universities, are
17 encouraged to partner with the Taipei Economic and Cul18 tural Representative Office in the United States to estab19 lish programs to promote more educational and cultural
20 exchanges.

DAV22H09 1TS

S.L.C.

107

2

TITLE VII—MISCELLANEOUSPROVISIONS

3

SEC. 701. INVITATION OF TAIWANESE COUNTERPARTS TO

4

HIGH-LEVEL BILATERAL AND MULTILATERAL

5

FORUMS AND EXERCISES.

16(a) STATEMENT OF POLICY.—It is the policy of the

7 United States to invite Taiwanese counterparts to partici8 pate in high-level bilateral and multilateral summits, mili9 tary exercises, and economic dialogues and forums.
10(b) SENSE OF CONGRESS.—It is the sense of Con-

11 gress that—12(1) the United States Government should invite

13

Taiwan to regional dialogues on issues of mutual

14

concern;

15(2) the United States Government and Tai-

16

wanese counterparts should resume meetings under17

the United States-Taiwan Trade and Investment

18

Framework Agreement and reach a bilateral free

19

trade agreement that provides high levels of labor

20

rights and environmental protections;21(3) the United States Government should invite

22

Taiwan to participate in bilateral and multilateral

23

military training exercises;

24(4) the United States Government and Tai-

25

wanese counterparts should engage in a regular andDAV22H09 1TS

S.L.C.

1081

routine strategic bilateral dialogue on arms sales in2

accordance with Foreign Military Sales mechanisms;

3

and

4

(5) the United States Government should sup-5

port export licenses for direct commercial sales sup-6

porting Taiwan’s indigenous defensive capabilities.

7
8SEC. 702. REPORT ON TAIWAN TRAVEL ACT.

(a) LIST OF HIGH-LEVEL VISITS.—Not later than

9 180 days after the date of the enactment of this Act, and10 annually thereafter for the following 5 years, the Secretary
11 of State, in accordance with the Taiwan Travel Act (Pub12 lic Law 115–135), shall submit to the appropriate con13 gressional committees—
14(1) a list of high-level officials from the United

15

States Government who have traveled to Taiwan;

16

and

17

(2) a list of high-level officials of Taiwan who

18

have entered the United States.

19(b) ANNUAL REPORT.—Not later than 90 days after

20 the date of the enactment of this Act, and annually there21 after for a period of 5 years, the Secretary of State shall
22 submit a report on the implementation of the Taiwan
23 Travel Act, including a discussion of its positive effects
24 on United States interests in the region, to the appro25 priate congressional committees.

DAV22H09 1TS

S.L.C.

109
1

SEC. 703. PROHIBITIONS AGAINST UNDERMINING UNITED

2STATES POLICY REGARDING TAIWAN.

3(a) FINDING.—Congress finds that the efforts by the

4 Government of the People’s Republic of China and the
5 Chinese Communist Party to compel private United States
6 businesses, corporations, and nongovernmental entities to7 use language mandated by the People’s Republic of China
8 (referred to in this section as the ‘‘PRC’’) to describe the
9 relationship between Taiwan and the PRC are an illegit10 imate attempt to enforce political censorship globally.
11(b) SENSE OF CONGRESS.—It is the sense of Con-

12 gress that the United States Government, in coordination
13 with United States businesses and nongovernmental enti14 ties, should formulate a code of conduct for, and otherwise
15 coordinate on, interacting with the Government of the
16 PRC and the Chinese Communist Party and their affili17 ated entities, the aim of which is—
18(1) to counter PRC operations that threaten

19

free speech, academic freedom, and the normal oper-

20

ations of United States businesses and nongovern-

21

mental entities; and22(2) to counter PRC efforts to censor the way

23

the world refers to issues deemed sensitive to the24

PRC Government and Chinese Communist Party

25

leaders, including issues related to Taiwan, Tibet,

26

the Tiananmen Square Massacre, and the mass in-DAV22H09 1TS

S.L.C.

1101

ternment of Uyghurs and other Turkic Muslims,

2among many other issues.

3(c) PROHIBITION AGAINST RECOGNIZING THE PEO-

4

PLE’S REPUBLIC OF CHINA’S CLAIMS TO SOVEREIGNTY

5 OVER TAIWAN.—
67(1) SENSE OF CONGRESS.—It is the sense ofCongress that—

8(A) issues related to the sovereignty of

9

Taiwan are for the people of Taiwan to decide10

through the democratic process they have estab-

11

lished;12(B) the dispute between the PRC and Tai-

13

wan must be resolved peacefully and with the14assent of the people of Taiwan;

1516(C) the 2 key obstacles to peaceful resolution are—17(i) the authoritarian nature of the18

PRC political system under one-party rule

19of the Chinese Communist Party, which is

20

fundamentally incompatible with Taiwan’s

21

democracy; and22(ii) the PRC’s pursuit of coercion and

23

aggression towards Taiwan, in potential

24

violation of the third United States-PRC

DAV22H09 1TS

S.L.C.

111
1

Joint Communiqué, which was completed

2

on August 17, 1982;

3(D) any attempt to coerce or force the peo-4

ple of Taiwan to accept a political arrangement

5that would subject them to direct or indirect6

rule by the PRC, including a ‘‘one country, two7systems’’ framework, would constitute a grave

8

challenge to United States security interests in9

the region.

10(2) STATEMENT OF POLICY.—It is the policy of

11

the United States to oppose any attempt by the12

PRC authorities to unilaterally impose a timetable13

or deadline for unification on Taiwan.
(3) PROHIBITION

14ON RECOGNITION OF PRC

15

CLAIMS WITHOUT THE ASSENT OF PEOPLE OF TAI-

16

WAN.—No

17

States Government may formally or informally rec-18

ognize PRC claims to sovereignty over Taiwan with-19

out the assent of the people of Taiwan, as expressed20

directly through the democratic process.

21(d) STRATEGY TO PROTECT UNITED STATES BUSI-

22

NESSES AND NONGOVERNMENTAL ENTITIES FROM COER-

23

CION.—

department or agency of the United

24(1) IN GENERAL.—Not later than 90 days after

25

the date of the enactment of this Act, the Secretary

DAV22H09 1TS

S.L.C.

112
1

of State, in consultation with the Secretary of Com-2

merce, the Secretary of the Treasury, and the heads

3of other relevant Federal agencies, shall submit an

4

unclassified report, with a classified annex, if nec-

5

essary, on how to protect United States businesses

6and nongovernmental entities from PRC operations,

7

including coercion and threats that lead to censor-

8

ship or self-censorship, or which compel compliance9with political or foreign policy positions of the Gov-

10ernment of the People’s Republic of China and the11

Chinese Communist Party.

12(2) ELEMENTS.—The strategy shall include—

13(A) information regarding efforts by the14

PRC Government to censor the websites of

15

United States airlines, hotels, and other busi-

16

nesses regarding the relationship between Tai-

17

wan and the PRC;

18(B) information regarding efforts by the19

PRC Government to target United States non-20

governmental entities through operations in-21

tended to weaken support for Taiwan;

22(C) information regarding United States

23

Government efforts to counter the threats posed

24

by Chinese state-sponsored propaganda and25

disinformation, including information on best

DAV22H09 1TS

S.L.C.

113
1

practices, current successes, and existing bar-2

riers to responding to such threat; and3(D) details of any actions undertaken to4

create the code of conduct described in sub-5

section (b), including a timetable for the imple-

6

mentation of such code of conduct.

7

SEC. 704. AMENDMENTS TO THE TAIWAN ALLIES INTER-

8NATIONAL PROTECTION AND ENHANCEMENT

9INITIATIVE (TAIPEI) ACT OF 2019.

10

The Taiwan Allies International Protection and En-

11 hancement Initiative (TAIPEI) Act of 2019 (Public Law
12 116–135) is amended—
13
14
15
16
17
18
19
20
21

(1) in section 2(5), by striking ‘‘and Kiribati’’and inserting ‘‘Kiribati, and Nicaragua,’’;(2) in section 4—(A) in the matter preceding paragraph (1),by striking ‘‘should be’’ and inserting ‘‘is’’;(B) in paragraph (2), by striking ‘‘and’’ atthe end;(C) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and22(D) by adding at the end the following:

23‘‘(4) to support Taiwan’s diplomatic relations

24
25

with other governments and countries.’’; and(3) in section 5—

DAV22H09 1TS

S.L.C.

114
1(A) in subsection (a)—(i) in paragraph (2), by striking

23‘‘and’’ at the end;

4(ii) in paragraph (3), by striking the5

period at the end and inserting ‘‘; and’’;6and(iii) by adding at the end the fol-

78lowing:9‘‘(4) identify why governments and countries

10

have altered their diplomatic status vis-a-vis Taiwan

11

and make recommendations to mitigate further dete-12

rioration in Taiwan’s diplomatic relations with other13

governments and countries.’’;14(B) in subsection (b), by striking ‘‘1 year

15

after the date of the enactment of this Act, and16

annually thereafter for five years, the Secretary

17of State shall report’’ and inserting ‘‘90 days

18

after the date of the enactment of the Taiwan

19

Policy Act of 2022, and annually thereafter for20

a period of 7 years, the Secretary of State shall21

submit an unclassified report, with a classified

22

annex,’’;

23
24(C) by redesignating subsection (c) as subsection (d); andDAV22H09 1TS

S.L.C.

115(D) by inserting after subsection (b) the1

following:23‘‘(c) BRIEFINGS.—Not later than 90 days after the

4 date of the enactment of the Taiwan Policy Act of 2022,
5 and annually thereafter for a period of 7 years, the De6 partment of State shall provide briefings to the appro7 priate congressional committees on the steps taken in ac8 cordance with section (a). The briefings required under
9 this subsection shall take place in an unclassified setting,
10 but may be accompanied by an additional classified brief11 ing.’’.
12

SEC. 705. REPORT ON ROLE OF PEOPLE’S REPUBLIC OF

13

CHINA’S NUCLEAR THREAT IN ESCALATION

14DYNAMICS.

15(a) IN GENERAL.—Not later than 90 days after the

16 date of the enactment of this Act, the Secretary of State,
17 in consultation with the Secretary of Defense and the Di18 rector of National Intelligence, shall submit to Congress
19 a report assessing the role of the increasing nuclear threat
20 of the People’s Republic of China in escalation dynamics
21 with respect to Taiwan.
22(b) FORM.—The report required by subsection (a)23 shall be submitted in unclassified form, but may include
24 a classified annex.

DAV22H09 1TS

S.L.C.

116
1

SEC. 706. REPORT ANALYZING THE IMPACT OF RUSSIA’S

2

WAR AGAINST UKRAINE ON THE OBJECTIVES

3

OF THE PEOPLE’S REPUBLIC OF CHINA WITH

4

RESPECT TO TAIWAN.

5(a) IN GENERAL.—Not later than 90 days after the

6 date of the enactment of this Act, the Secretary of State,
7 in consultation with the Secretary of Defense and the Di8 rector of National Intelligence, shall submit a report to
9 the appropriate congressional committees that analyzes
10 the impact of Russia’s war against Ukraine on the PRC’s
11 diplomatic, military, economic, and propaganda objectives
12 with respect to Taiwan.
13(b) ELEMENTS.—The report required under sub-

14 section (a) shall describe—
15(1) adaptations or known changes to PRC

16strategies and military doctrine since the commence-

17

ment of the Russian invasion of Ukraine on Feb-

18

ruary 24, 2022, including changes—

1920(A) to PRC behavior in international forums;

21(B) within the People’s Liberation Army,

22

with respect to the size of forces, the makeup

23

of leadership, weapons procurement, equipment

24

upkeep, the doctrine on the use of specific25

weapons, such as weapons banned under the

26

international law of armed conflict, efforts to

DAV22H09 1TS

S.L.C.

117
1

move weapons supply chains onto mainland2

PRC, or any other changes in its military strat-3

egy with respect to Taiwan;

4(C) in economic planning, such as sanc-5

tions evasion, efforts to minimize exposure to6

sanctions, or moves in support of the protection

7of currency or other strategic reserves;

8(D) to propaganda, disinformation, and9other information operations originating in the10

PRC; and11(E) to the PRC’s strategy for the use of

12

force against Taiwan, including any information13

on preferred scenarios or operations to secure14

its objectives in Taiwan, adjustments based on

15

how the Russian military has performed in

16

Ukraine, and other relevant matters;

17(2) United States’ plans to adapt its policies

18

and military planning in response to the changes re-19

ferred to in paragraph (1).

20(c) FORM.—The report required under subsection (a)21 shall be submitted in classified form.
22(d) COORDINATION WITH ALLIES AND PARTNERS.—

23 The Secretary of State shall share information contained
24 in the report required under subsection (a), as appro25 priate, with appropriate officials of allied and partner na-

DAV22H09 1TS

S.L.C.

118
1 tions, including Taiwan and allies in Europe and in the
2 Indo-Pacific.
3(e) DEFINED TERM.—In this section, the term ‘‘ap-

4 propriate congressional committees’’ means—
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

(1) the Committee on Foreign Relations of the
Senate;(2) the Committee on Armed Services of the
Senate;(3) the Committee on Appropriations of the
Senate;(4) the Select Committee on Intelligence of the
Senate;(5) the Committee on Banking, Housing, andUrban Affairs of the Senate;(6) the Committee on Foreign Affairs of theHouse of Representatives;(7) the Committee on Armed Services of theHouse of Representatives;(8) the Committee on Appropriations of theHouse of Representatives;(9) the Permanent Select Committee on Intelligence of the House of Representatives; and(10) the Committee on Financial Services ofthe House of Representatives.

DAV22H09 1TS

S.L.C.

119

TITLE VIII—DETERRENCE MEAS2URESFORCROSS-STRAIT
3
STABILITY AND TO IMPOSE
4COSTS ON THE PEOPLE’S RE5
PUBLIC OF CHINA FOR UNI6LATERALLY CHANGING OR
7
ATTEMPTINGTOCHANGE
8
THE STATUS QUO OF TAIWAN
1

9SEC. 801. DEFINITIONS.

10

In this title:

11(1) ADMISSION; ADMITTED; ALIEN.—The terms

12‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the13meanings given such terms in section 101 of the Im-

14

migration and Nationality Act (8 U.S.C. 1101).

15

(2)

APPROPRIATECOMMITTEES

OF

CON-

16

GRESS.—The term ‘‘appropriate committees of Con-

17

gress’’ means—

18
19
20
21
22
23
24
25

(A) the Committee on Foreign Relations of
the Senate;(B) the Committee on Banking, Housing,and Urban Affairs of the Senate;(C) the Committee on Foreign Affairs ofthe House of Representatives; and(D) the Committee on Financial Servicesof the House of Representatives.

DAV22H09 1TS

S.L.C.

120
12(3) CCP.—The term ‘‘CCP’’ means the Chinese
Communist Party.

3(4) FINANCIAL INSTITUTION.—The term ‘‘fi-

4nancial institution’’ means a financial institution

5

specified in subparagraph (A), (B), (C), (D), (E),6(F), (G), (H), (I), (J), (M), or (Y) of section

75312(a)(2) of title 31, United States Code.

8(5) FOREIGN

FINANCIALINSTITUTION.—The

9

term ‘‘foreign financial institution’’ has the meaning

10

given such term in regulations prescribed by the11

Secretary of the Treasury.

12(6) FOREIGN PERSON.—The term ‘‘foreign per-13

son’’ means an individual or entity that is not a

14

United States person.

15(7) KNOWINGLY.—The term ‘‘knowingly’’, with16

respect to conduct, a circumstance, or a result,17

means that a person had actual knowledge, or

18should have known, of the conduct, the cir-

19

cumstance, or the result.

20(8) PEOPLE’S LIBERATION ARMY; PLA.—The21

terms ‘‘People’s Liberation Army’’ and ‘‘PLA’’ mean

22

the armed forces of the People’s Republic of China.

23
24

(9)

UNITED

STATESPERSON.—The‘‘United States person’’ means—termDAV22H09 1TS

S.L.C.

1211(A) a United States citizen or an alien law-2

fully admitted for permanent residence to the3United States; or

4(B) an entity organized under the laws of

5

the United States or of any jurisdiction within

6

the United States, including a foreign branch of

7such an entity.

8

SEC. 802. DETERMINATIONS WITH RESPECT TO ACTIVITIES

9

OF

10

AGAINST TAIWAN.

11

THE

PEOPLE’S

REPUBLIC

OF

CHINA

(a) IN GENERAL.—The President shall determine, in

12 accordance with subsection (b), whether—13(1) the Government of the People’s Republic of

14

China, the Chinese Communist Party, or any proxy,15

or person or entity under the control of or acting at

16

the direction thereof, is knowingly engaged in a sig-

17

nificant escalation in aggression, including overt or18

covert military activity, in or against Taiwan, com-19

pared to the level of aggression in or against Taiwan

20

on or after the date of the enactment of this Act;

21

and

22

(2) if such engagement exists, whether such es-

23

calation demonstrates an attempt to achieve or has

24

the significant effect of achieving the physical or po-

25

litical control of Taiwan, including by—

DAV22H09 1TS

S.L.C.

122(A) overthrowing or dismantling the gov-

1erning institutions in Taiwan;23(B) occupying any territory controlled or4administered by Taiwan as of the date of the5enactment of this Act;(C) violating the territorial integrity of

6

Taiwan; or

7(D) taking significant action against Tai-

8wan, including—

9(i) creating a naval blockade of Tai-

10
wan;

11

(ii) seizing the outer lying islands of

12

Taiwan; or1314(iii) initiating a significant cyber at-

15

tack that threatens the civilian or military16

infrastructure of Taiwan.

17(b) TIMING OF DETERMINATIONS.—The President

18 shall make the determination described in subsection (a)—(1) not later than 15 days after the date of the

19
20

enactment of this Act;21(2) after the first determination under para-

22

graph (1), not less frequently than once every 90

23days (or more frequently, if warranted) during the24

1-year period beginning on such date of enactment;

25

and

DAV22H09 1TS

S.L.C.

123
1(3) after the end of such 1-year period, not less2

frequently than once every 120 days.

3(c) REPORT REQUIRED.—Upon making a determina-

4 tion described in subsection (a), the President shall submit
5 a report describing the factors influencing such determina6 tion to the appropriate committees of Congress.
7(d) CONGRESSIONAL REQUESTS.—Not later than 30

8 days after receiving a request from the chairman and
9 ranking member of the Committee on Foreign Relations
10 of the Senate or the Committee on Foreign Affairs of the
11 House of Representatives with respect to whether the Peo12 ple’s Republic of China or the Chinese Communist Party,
13 including through any proxies of the People’s Republic of
14 China or the Chinese Communist Party, has engaged in
15 an act described in subsection (a), the President shall—
16(1) determine if the People’s Republic of China

17or the Chinese Communist Party has engaged in

18such an act; and19(2) submit a report to the appropriate commit-

20

tees of Congress that contains a detailed explanation

21

of such determination.

DAV22H09 1TS

S.L.C.

124
1

SEC. 803. IMPOSITION OF SANCTIONS ON OFFICIALS OF

2

THE GOVERNMENT OF THE PEOPLE’S REPUB-

3

LIC OF CHINA RELATING TO OPERATIONS IN

4

TAIWAN.

5(a) DEFINED TERM.—In this section, the term ‘‘top

6 decision-making bodies’’ may include—
7(1) the CCP Politburo Standing Committee;

8(2) the CCP Party Central Military Commis-

9

sion;

10

(3) the CCP Politburo;11(4) the CCP Central Committee;

12(5) the CCP National Congress;

13(6) the State Council of the People’s Republic

14
15

of China; and(7) the State Central Military Commission of

16

the CCP.

17(b) IN GENERAL.—Not later than 60 days after mak-18 ing an affirmative determination under section 802(a), the19 President shall impose the sanctions described in section
20 807 with respect to at least 100 officials of the Govern21 ment of the People’s Republic of China specified in sub22 section (c), to the extent such officials can be identified.
23(c) OFFICIALS SPECIFIED.—The officials specified in

24 this subsection shall include—
25(1) senior civilian and military officials of the26

People’s Republic of China and military officials who

DAV22H09 1TS

S.L.C.

1251

have command or clear and direct decision-making

2

power over military campaigns, military operations,3and military planning against Taiwan conducted by

4

the People’s Liberation Army;

5(2) senior civilian and military officials of the

6

People’s Republic of China who have command or

7clear and direct decision-making power in the Chi-8

nese Coast Guard and the Chinese People’s Armed

9

Police and are engaged in planning or implementing

10

activities that involve the use of force against Tai-

11

wan;

12
13

(3) senior or special advisors to the Presidentof the People’s Republic of China;

14(4) officials of the Government of the People’s

15

Republic of China who are members of the top deci-

16

sion-making bodies of that Government;

17(5) the highest-ranking Chinese Communist

18

Party members of the decision-making bodies re-19

ferred to in paragraph (4); and20(6) officials of the Government of the People’s

21

Republic of China in the intelligence agencies or se-

22

curity services who—

2324(A) have clear and direct decisionmaking
power; andDAV22H09 1TS

S.L.C.

12612(B) have engaged in or implemented activities that—(i) materially undermine the military3
4readiness of Taiwan;(ii) overthrow or decapitate the Tai-

5
6

wan’s government;

7(iii) debilitate Taiwan’s electric grid,8

critical infrastructure, or cybersecurity sys-

9tems through offensive electronic or cyber

10attacks;

11(iv) undermine Taiwan’s democratic

12

processes through campaigns to spread13

disinformation; or

14(v) involve committing serious human

15

rights abuses against citizens of Taiwan,

16

including forceful transfers, enforced dis-17

appearances, unjust detainment, or tor-

18

ture.

19

(d) ADDITIONAL OFFICIALS.—

20(1) LIST REQUIRED.—Not later than 30 days

21

after making an affirmative determination under22

section 802(a) and every 90 days thereafter, the23

President shall submit a list to the appropriate com-24

mittees of Congress that identifies any additional25

foreign persons who—

DAV22H09 1TS

S.L.C.

127(A) the President determines are officials

1
2

specified in subsection (c); and(B) who were not included on any previous

3
4

list of such officials.

5(2) IMPOSITION OF SANCTIONS.—Upon the sub-6

mission of the list required under paragraph (1), the7

President shall impose the sanctions described in

8

section 807 with respect to each foreign person in-9cluded on the list.

10

SEC. 804. IMPOSITION OF SANCTIONS WITH RESPECT TO FI-

11

NANCIAL INSTITUTIONS OF THE PEOPLE’S

12

REPUBLIC OF CHINA.

13(a) DEFINITIONS.—In this section:

14(1) JOINT-EQUITY BANK.—The term ‘‘joint-eq-

15uity bank’’ means a bank under the jurisdiction of

16

the People’s Republic of China in which—(A) the bank’s equity is owned jointly by

17
18

the shareholders; and(B) the Government of the People’s Re-

19
20

public of China holds an interest.

21

(2)

22

BANK.—The

23

bank’’ means a bank under the jurisdiction of the24

People’s Republic of China in which—

NATIONAL

JOINT-STOCKCOMMERCIAL

term ‘‘national joint-stock commercial

DAV22H09 1TS

S.L.C.

1281
2
3(A) the bank’s stock is owned jointly by
the shareholders; and(B) the Government of the People’s Re-

4

public of China holds an interest.

5(3) NATIONAL STATE-OWNED POLICY BANK.—6

The term ‘‘national state-owned policy bank’’ means

7

a bank that—

89(A) is incorporated in the People’s Republic of China; and10(B) was established by the Government of

11

the People’s Republic of China to advance in-12vestments in specific policy domains that ad-

13vance the interests and goals of the People’s

14

Republic of China.

15(b) IN GENERAL.—

16(1) IN GENERAL.—Not later than 30 days after17

making an affirmative determination under section

18

802(a), the President shall impose the sanctions de-19

scribed in section 807(a) with respect to—20(A) at least 5 state-owned banks in the21

People’s Republic of China, including at least 3

22of the largest state-owned banks.

2324(B) at least 3 national joint-stock commercial banks in the People’s Republic of China;

DAV22H09 1TS

S.L.C.

12912(C) at least 3 national state-owned policy
banks in the People’s Republic of China;

3(D) at least 3 joint-equity banks or other4

commercial banks in the People’s Republic of

5

China; and6(E) entities that regulate the banking sec-7

tor of the People’s Republic of China, or major

8

financial asset management companies regu-

9

lated by the Government of the People’s Repub-10

lic of China.

11(2) SUBSIDIARIES AND SUCCESSOR ENTITIES.—

12The President may impose the sanctions described13

in section 807 with respect to any subsidiary of, or

14

successor entity to, a financial institution specified

15

in paragraph (1).

16(c) ADDITIONAL PEOPLE’S REPUBLIC OF CHINA FI-

17

NANCIAL INSTITUTIONS.—

18(1) LIST REQUIRED.—Not later than 30 days

19

after making an affirmative determination under20

section 802(a), and every 90 days thereafter, the21

President shall submit a list to the appropriate com-22

mittees of Congress that identifies any foreign per-23

sons that the President determines—

DAV22H09 1TS

S.L.C.

1301(A) are significant financial institutions

2

owned or operated by the Government of the3

People’s Republic of China; and(B) should be sanctioned in the interest of

4
5

United States national security.

6(2) IMPOSITION OF SANCTIONS.—Upon the sub-7

mission of each list required under paragraph (1),8the President shall impose the sanctions described in

9section 807 with respect to each foreign person iden-

10

tified on such list.

11
12SEC. 805. REPORTING REQUIREMENT.

(a) APPROPRIATE CONGRESSIONAL COMMITTEES.—

13 In this section, the term ‘‘appropriate congressional com14 mittees’’ means—
15
16
17
18
19
20
21
22
23
24

(1) the Committee on Foreign Relations of the
Senate;(2) the Committee on Banking, Housing, andUrban Affairs of the Senate;(3) the Committee on Armed Services of the
Senate;(4) the Committee on Foreign Affairs of theHouse of Representatives;(5) the Committee on Financial Services of theHouse of Representatives; andDAV22H09 1TS

S.L.C.

131
1(6) the Committee on Armed Services of the2

House of Representatives.

3(b) IN GENERAL.—Not later than 120 days after the

4 date of the enactment of this Act, and every 90 days there5 after for a period of 3 years, the President shall submit
6 to the appropriate congressional committees a report that
7 includes information, if any, regarding the officials speci8 fied in section 803(b) and the entities specified in section
9 804(b) that could be relevant to making a determination
10 under section 802(a).
11(c) FORM.—Each report required under subsection

12 (b) shall be submitted in classified form.
13
14

SEC. 806. ADDITIONAL SANCTIONS.

(a) IN GENERAL.—Beginning on the date that is 90

15 days after the date of the enactment of this Act, the Presi16 dent shall impose the sanctions described in section 807
17 on any foreign person that the President determines, while
18 acting for or on behalf of the Government of the People’s
19 Republic of China, knowingly—
20(1) ordered or engaged directly in activities

21

interfering significantly in a democratic process in

22

Taiwan; or

2324(2) with the objective of destabilizing Taiwan,
engaged directly in, or ordered—DAV22H09 1TS

S.L.C.

132
1
2
3
4

(A) malicious, offensive cyber-enabled activities targeting—(i) the Government or armed forces of
Taiwan; or5(ii) the critical infrastructure, includ-6

ing military, industrial, or financial infra-

7

structure of Taiwan;

8(B) significant economic practices intended

9

to coerce or intimidate—

10(i) the government in Taiwan; or11(ii) businesses, academic, or civil soci-12

ety institutions located in Taiwan; or

13(C) military activities that are designed to14

intimidate the armed forces of Taiwan or that15

seek to normalize a coercive military posture16

and sustained presence by the People’s Libera-

17

tion Army in the Taiwan Strait.

18(b) WAIVER.—The President may waive the applica-

19 tion of sanctions under subsection (a) if the President sub20 mits to the appropriate committees of Congress a written
21 determination that such waiver is in the national interests
22 of the United States.
23
24

SEC. 807. SANCTIONS DESCRIBED.

(a) PROPERTY BLOCKING.—Except as provided in

25 section 809, the President shall exercise all of the powers

DAV22H09 1TS

S.L.C.

133
1 granted by the International Emergency Economic Powers
2 Act (50 U.S.C. 1701 et seq.) to the extent necessary to
3 block and prohibit all transactions in all property and in4 terests in property of the foreign person if such property
5 and interests in property are in the United States, come6 within the United States, or are or come within the posses7 sion or control of a United States person.
8
9
10
11

(b) ALIENS INADMISSIBLE FOR VISAS, ADMISSION,
OR PAROLE.—(1) VISAS,ADMISSION, OR PAROLE.—In

thecase of an alien, the alien is—

12(A) inadmissible to the United States;

13(B) ineligible to receive a visa or other doc-

14

umentation to enter the United States; and15(C) otherwise ineligible to be admitted or16paroled into the United States or to receive any

17other benefit under the Immigration and Na-

18tionality Act (8 U.S.C. 1101 et seq.).

19(2) CURRENT VISAS REVOKED.—

20(A) IN GENERAL.—The visa or other entry

21

documentation of an alien described in para-

22

graph (1) shall be revoked, regardless of when

23

such visa or other entry documentation was

24

issued.

DAV22H09 1TS

S.L.C.

134(B) IMMEDIATE

1

EFFECT.—A

revocation

under subparagraph (A) shall—

23(i) take effect immediately; and4(ii) automatically cancel any other5

valid visa or entry documentation that is in6

the alien’s possession.

7

SEC. 808. IMPLEMENTATION; REGULATIONS; PENALTIES.

(a) IMPLEMENTATION.—The President may exercise

8

9 all authorities provided to the President under sections
10 203 and 205 of the International Emergency Economic
11 Powers Act (50 U.S.C. 1702 and 1704) to carry out this
12 title.
13(b) RULEMAKING.—The President shall issue such

14 regulations, licenses, and orders as are necessary to carry
15 out this title.
16(c) PENALTIES.—Any person that violates, attempts

17 to violate, conspires to violate, or causes a violation of this18 title, or any regulation, license, or order issued to carry
19 out this title, shall be subject to the penalties set forth
20 in subsections (b) and (c) of section 206 of the Inter21 national Emergency Economic Powers Act (50 U.S.C.
22 1705) to the same extent as a person that commits an
23 unlawful act described in subsection (a) of that section.
24

SEC. 809. EXCEPTIONS; WAIVER.

25(a) EXCEPTIONS.—DAV22H09 1TS

S.L.C.

13512(1) EXCEPTIONFORINTELLIGENCEACTIVI-

TIES.—This title shall not apply with respect to—3(A) activities subject to the reporting re-4quirements under title V of the National Secu-

5

rity Act of 1947 (50 U.S.C. 3091 et seq.); or

6(B) authorized intelligence activities of the

7

United States.

8(2) EXCEPTION FOR COMPLIANCE WITH INTER-

9NATIONAL OBLIGATIONS AND LAW ENFORCEMENT

10ACTIVITIES.—Sanctions

11

apply with respect to an alien if admitting or parol-

12

ing such alien into the United States is necessary—

13(A) to permit the United States to comply

14with the Agreement regarding the Head-

15

quarters of the United Nations, signed at Lake

16

Success on June 26, 1947, and entered into

17

force November 21, 1947, between the United

18

Nations and the United States, or other appli-

19

cable international obligations of the United

20

States; orunder this title shall not(B) to carry out or assist law enforcement

21
22

activity in the United States.

23(3) EXCEPTION RELATING TO IMPORTATION OF

24

GOODS.—

DAV22H09 1TS

S.L.C.

136
1(A) DEFINED TERM.—In this paragraph,2

the term ‘‘good’’ means any article, natural or3manmade substance, material, supply, or manu-

4

factured product, including inspection and test

5equipment, and excluding technical data.

6(B) IN

GENERAL.—Notwithstandingany

7other provision of this title, the authority or a8requirement to impose sanctions under this title

9

shall not include the authority or a requirement10

to impose sanctions on the importation of11

goods.

12(b) NATIONAL SECURITY WAIVER.—The President

13 may waive the imposition of sanctions based on a deter14 mination under section 802(a) with respect to a person
15 if the President—
1617(1) determines that such a waiver is in the national security interests of the United States; and18(2) submits a notification of the waiver and the19reasons for the waiver to the appropriate committees

20of Congress.

21

SEC. 810. TERMINATION.

22

The President may terminate the sanctions imposed

23 under this title based on a determination under section
24 802(a), after determining and certifying to the appro-

DAV22H09 1TS

S.L.C.

137
1 priate committees of Congress that the Government of the
2 People’s Republic of China—
3(1) has verifiably ceased the activities described4

in section 802(a) with respect to operations against

5

Taiwan; and6(2) to the extent applicable, has entered into an

7

agreed settlement with a legitimate democratic gov-

8

ernment in Taiwan.

TITLE IX—UNITED STATES-TAI10
WAN PUBLIC HEALTH PRO11TECTION
912
13SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘United States-Taiwan

14 Public Health Protection Act’’.
15

SEC. 902. DEFINITIONS.

16

In this title:

17(1) APPROPRIATECONGRESSIONAL

COMMIT-

18

TEES.—For the purposes of this title, the term ‘‘ap-

19

propriate congressional committees’’ means—

20
21
22
23
24
25

(A) the Committee on Foreign Relations of
the Senate;(B) the Committee on Health, Education,
Labor, and Pensions of the Senate;(C) the Committee on Foreign Affairs ofthe House of Representatives; andDAV22H09 1TS

S.L.C.

1381(D) the Committee on Energy and Com-2

merce of the House of Representatives.

3(2) CENTER.—The term ‘‘Center’’ means the4

Infectious Disease Monitoring Center described in

5section 903.

6
7
8
9

(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
SEC. 903. STUDY.

(a) STUDY.—Not later than 1 year after the date of

10 the enactment of this Act, the Secretary, in consultation
11 with the Secretary of Health and Human Services and the
12 heads of other relevant Federal departments and agencies,
13 shall submit to the relevant congressional committees a
14 study that includes the following:
15(1) A description of ongoing cooperation be-

16

tween the United States Government and Taiwan re-17

lated to public health, including disease surveillance,

18

information sharing, and telehealth.

19(2) A description how the United States and20

Taiwan can promote further cooperation, including

21

the feasibility of establishing an Infectious Disease22

Monitoring Center within the American Institute of23

Taiwan in Taipei, Taiwan that, in partnership with24

the Taiwan Centers for Disease Control, conducts

DAV22H09 1TS

S.L.C.

139
1

health monitoring of infectious diseases in the region

2

by—

3

(A) regularly monitoring, analyzing, and4disseminating open-source material from coun-5

tries in the region, including viral strains, bac-6

terial subtypes, and other pathogens;

7(B) engaging in people-to-people contacts

8with medical specialists and public health offi-

9cials in the region;

10(C) providing expertise and information on

11

infectious diseases to the United States Govern-

12

ment and the Taiwanese government; and13(D) carrying out other appropriate activi-

14ties, as determined by the Director of the Cen-

15

ter.

16

(b) ELEMENTS.—The study required by subsection

17 (a) shall include—1819(1) a plan on how to establish and operate sucha Center, including—20(A) the personnel, material, and funding

21

requirements necessary to establish and operate

22

the Center; and23(B) the proposed structure and composi-

24tion of Center personnel, which may include—DAV22H09 1TS

S.L.C.

1401(i) infectious disease experts from2

among the National Institutes of Health,3

the Centers for Disease Control and Pre-

4vention, and the Food and Drug Adminis-

5

tration, who are recommended to serve as

6detailees to the Center; and7(ii) additional qualified persons to8

serve as detailees to or employees of the9

Center, including—

10(I) from any other relevant Fed-11eral department or agencies, to in-

12clude the Department of State and13

the United States Agency for Inter-

14

national Development;

15(II) qualified foreign service na-

16tionals or locally engaged staff who

17

are considered citizens of Taiwan; and18(III) employees of the Taiwan

19

Centers for Disease Control;

20(2) an evaluation, based on the factors in para-

21

graph (1), of whether to establish the Center, and22

a timeline for doing so; and23(3) a description of any consultations or agree-24

ments between the American Institute in Taiwan

25

and the Taipei Economic and Cultural Representa-

DAV22H09 1TS

S.L.C.

141
1

tive Office in the United States regarding the estab-2lishment and operation of the Center, including—3(A) the role that employees of the Taiwan

4

Centers for Disease Control would play in sup-5

porting or coordinating with the Center; and6(B) whether any employees of the Taiwan

7

Centers for Disease Control would be detailed

8

to, or co-located with, the Center.

9(c) CONSULTATION.—The Secretary of State shall

10 consulate with the appropriate congressional committees
11 before full completion of the study.
12(d) SUBMISSION.—The Secretary of State, in coordi-

13 nation with the Secretary of Health and Human Services,
14 shall submit the study to the appropriate congressional
15 committees not later than one year after the enactment
16 of this Act.
17
18

SEC. 904. INFECTIOUS DISEASE MONITORING CENTER.

(a) ESTABLISHMENT.—The Secretary, in consulta-

19 tion with the Secretary of Health and Human Services
20 and the heads of other relevant Federal departments and21 agencies, is authorized to establish an Infectious Disease
22 Monitoring Center under the auspices of the American In23 stitute in Taiwan in Taipei, Taiwan, when the conditions
24 outlined in subsection (b) have been met.

DAV22H09 1TS

S.L.C.

142
1(b) CONDITIONS.—The conditions for establishment

2 of an Infectious Disease Monitoring Center within under
3 the auspices of the American Institute in Taiwan in Tai4 pei, Taiwan, are—5(1) that the study required in section 903 has

6been submitted to the appropriate congressional

7

committees; and

8(2) not later than 30 days after the submission

9of the study, the Secretary of State and the Sec-10

retary of Health and Human Services have briefed

11

the appropriate congressional committees;

12(c) PARTNERSHIP.—Should the Secretary determine

13 to establish the Center, the American Institute in Taiwan
14 should seek to partner with the Taiwan Centers for Dis15 ease Control to conduct health monitoring of infectious
16 diseases in the region by—
17(1) regularly monitoring, analyzing, and dis-18

seminating open-source material from countries in

19

the

20

subtypes, and other pathogens;region,includingviralstrains,bacterial

21(2) engaging in people-to-people contacts with22

medical specialists and public health officials in the23

region;DAV22H09 1TS

S.L.C.

1431(3) providing expertise and information on in-

2

fectious diseases to the Government of the United

3

States and the Taiwanese government; and4(4) carrying out other appropriate activities, as

5determined by the Director of the Center.

6(d) UPDATES.—The Secretary, in consultation with

7 the Secretary of Health and Human Services, shall pro8 vide an annual update the appropriate congressional com9 mittees on the functioning and costs of the Center, if es10 tablished, as well as an assessment of how the Center is
11 serving United States interests.

TITLE X—SOUTH CHINA SEA AND
13
EAST CHINA SEA SANCTIONS
14
ACT
12

15
16

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘South China Sea and17 East China Sea Sanctions Act of 2022’’.
18

SEC. 1002. SANCTIONS WITH RESPECT TO CHINESE PER-19

SONS RESPONSIBLE FOR CHINA’S ACTIVITIES20IN THE SOUTH CHINA SEA AND THE EAST

21

CHINA SEA.

22(a) INITIAL IMPOSITION OF SANCTIONS.—On and

23 after the date that is 120 days after the date of the enact24 ment of this Act, the President may impose the sanctions
25 described in subsection (b) with respect to any Chinese

DAV22H09 1TS

S.L.C.

144
1 person, including any senior official of the Government of
2 the People’s Republic of China, that the President deter3 mines—
4(1) is responsible for or significantly contributes

5

to large-scale reclamation, construction, militariza-

6tion, or ongoing supply of outposts in disputed areas

7of the South China Sea;8(2) is responsible for or significantly contributes

9

to, or has engaged in, directly or indirectly, actions,10

including the use of coercion, to inhibit another11

country from protecting its sovereign rights to ac-

12cess offshore resources in the South China Sea, in-13

cluding in such country’s exclusive economic zone,

14

consistent with such country’s rights and obligations

15

under international law;16(3) is responsible for or complicit in, or has en-

17

gaged in, directly or indirectly, actions that signifi-

18

cantly threaten the peace, security, or stability of

19

disputed areas of the South China Sea or areas of20

the East China Sea administered by Japan or the21

Republic of Korea, including through the use of ves-

22

sels and aircraft by the People’s Republic of China

23

to occupy or conduct extensive research or drilling24

activity in those areas;

DAV22H09 1TS

S.L.C.

1451(4) has materially assisted, sponsored, or pro-2

vided financial, material, or technological support

3

for, or goods or services to, or in support of, any

4person subject to sanctions pursuant to paragraph5(1), (2), or (3); or

6(5) is owned or controlled by, or has acted for7

or on behalf of, directly or indirectly, any person

8subject to sanctions pursuant to paragraph (1), (2),9or (3).

10(b) SANCTIONS DESCRIBED.—The sanctions that

11 may be imposed with respect to a person described in sub12 section (a) are the following:
13(1) BLOCKING OF PROPERTY.—The President

14

may, in accordance with the International Emer-

15

gency Economic Powers Act (50 U.S.C. 1701 et

16seq.), block and prohibit all transactions in all prop-

17

erty and interests in property of the person if such18

property and interests in property are in the United

19

States, come within the United States, or are or20

come within the possession or control of a United

21

States person.

22
23
24
25

(2) INELIGIBILITY FOR VISAS, ADMISSION, OR
PAROLE.—(A) VISAS, ADMISSION, OR PAROLE.—In
the case of an alien, the alien may be—

DAV22H09 1TS

S.L.C.

1461(i) inadmissible to the United States;2(ii) ineligible to receive a visa or other3

documentation to enter the United States;

4

and

5

(iii) otherwise ineligible to be admitted

6

or paroled into the United States or to re-7

ceive any other benefit under the Immigra-

8tion and Nationality Act (8 U.S.C. 1101 et

9seq.).

10(B) CURRENT VISAS REVOKED.—

11(i) IN GENERAL.—An alien described

12

in subparagraph (A) may be subject to rev-

13

ocation of any visa or other entry docu-

14

mentation regardless of when the visa or

15

other entry documentation is or was

16

issued.

1718(ii) IMMEDIATE EFFECT.—A revocation under clause (i) may—

19(I) take effect immediately; and20(II) cancel any other valid visa or

21

entry documentation that is in the22

alien’s possession.

23(3) EXCLUSION OF CORPORATE OFFICERS.—

24

The President may direct the Secretary of State to25

deny a visa to, and the Secretary of Homeland Secu-DAV22H09 1TS

S.L.C.

147
1

rity to exclude from the United States, any alien

2that the President determines is a corporate officer

3

or principal of, or a shareholder with a controlling

4interest in, the person.

5(4) EXPORT SANCTION.—The President may

6order the United States Government not to issue

7

any specific license and not to grant any other spe-8cific permission or authority to export any goods or

9technology to the person under—

1011(A) the Export Control Reform Act of2018 (50 U.S.C. 4801 et seq.); or

12(B) any other statute that requires the

13prior review and approval of the United States

14

Government as a condition for the export or re-15

export of goods or services.

16(5) INCLUSION ON ENTITY LIST.—The Presi-

17

dent may include the entity on the entity list main-18

tained by the Bureau of Industry and Security of

19

the Department of Commerce and set forth in Sup-20

plement No. 4 to part 744 of the Export Adminis-

21

tration Regulations, for activities contrary to the na-

22tional security or foreign policy interests of the23

United States.

24(6) BAN ON INVESTMENT IN EQUITY OR DEBT

25

OF SANCTIONED PERSON.—The President may, pur-

DAV22H09 1TS

S.L.C.

1481

suant to such regulations or guidelines as the Presi-

2

dent may prescribe, prohibit any United States per-3

son from investing in or purchasing equity or debt

4

instruments of the person.

5(7) BANKING TRANSACTIONS.—The President

6

may, pursuant to such regulations as the President

7

may prescribe, prohibit any transfers of credit or8

payments between financial institutions or by,

9through, or to any financial institution, to the extent

10that such transfers or payments are subject to the11jurisdiction of the United States and involve any in-

12terest of the person.

13(8) CORRESPONDENT AND PAYABLE-THROUGH

14

ACCOUNTS.—In the case of a foreign financial insti-

15

tution, the President may prohibit the opening, and16

prohibit or impose strict conditions on the maintain-

17

ing, in the United States of a correspondent account18

or a payable-through account by the foreign finan-

19

cial institution.

20(c) EXCEPTIONS.—

21(1) INAPPLICABILITYOF

NATIONAL

EMER-

22

GENCY REQUIREMENT.—The requirements of section

23

202 of the International Emergency Economic Pow-24

ers Act (50 U.S.C. 1701) shall not apply for pur-25

poses of subsection (b)(1).

DAV22H09 1TS

S.L.C.

149
1(2) EXCEPTION FOR INTELLIGENCE, LAW EN-

2

FORCEMENT,3

TIES.—Sanctions under this section shall not apply4

to any authorized intelligence, law enforcement, or

5national security activities of the United States.

AND

NATIONAL

SECURITY

ACTIVI-

6(3) COMPLIANCE WITH UNITED NATIONS HEAD-

7

QUARTERS AGREEMENT.—Paragraphs (2) and (3) of

8

subsection (b) shall not apply if admission of an

9alien to the United States is necessary to permit the10

United States to comply with the Agreement regard-

11

ing the Headquarters of the United Nations, signed

12

at Lake Success, June 26, 1947, and entered into

13

force, November 21, 1947, between the United Na-

14tions and the United States.

1516(4) EXCEPTION RELATING TO IMPORTATION OFGOODS.—

17(A) IN GENERAL.—The authority or a re-18

quirement to impose sanctions under this sec-

19

tion shall not include the authority or a require-20

ment to impose sanctions on the importation of21

goods.

22(B) GOOD DEFINED.—In this paragraph,23

the term ‘‘good’’ means any article, natural or24manmade substance, material, supply, or manu-DAV22H09 1TS

S.L.C.

150
1

factured product, including inspection and test2

equipment, and excluding technical data.

3(d) IMPLEMENTATION; PENALTIES.—

4(1) IMPLEMENTATION.—The President may ex-

5ercise all authorities provided under sections 203

6

and 205 of the International Emergency Economic

7

Powers Act (50 U.S.C. 1702 and 1704) to carry out

8this section.

9(2) PENALTIES.—The penalties provided for in

10

subsections (b) and (c) of section 206 of the Inter-11

national Emergency Economic Powers Act (5012

U.S.C. 1705) shall apply to a person that violates,

13

attempts to violate, conspires to violate, or causes a

14

violation of regulations prescribed under subsection

15(b)(1) to the same extent that such penalties apply

16

to a person that commits an unlawful act described17

in subsection (a) of such section 206.

18(e) DEFINITIONS.—In this section:

19(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY-20

ABLE-THROUGH ACCOUNT.—Theterms ‘‘account’’,

21‘‘correspondent account’’, and ‘‘payable-through ac-

22

count’’ have the meanings given those terms in sec-

23

tion 5318A of title 31, United States Code.

DAV22H09 1TS

S.L.C.

151
1(2) ALIEN.—The term ‘‘alien’’ has the meaning

2

given that term in section 101(a) of the Immigration

3and Nationality Act (8 U.S.C. 1101(a)).

4(3) CHINESE

5

person’’ means—

6
7

PERSON.—Theterm ‘‘Chinese(A) an individual who is a citizen or national of the People’s Republic of China; or

8(B) an entity organized under the laws of

9

the People’s Republic of China or otherwise

10

subject to the jurisdiction of the Government of

11

the People’s Republic of China.

12(4) FINANCIAL INSTITUTION.—The term ‘‘fi-

13

nancial institution’’ means a financial institution

14

specified in subparagraph (A), (B), (C), (D), (E),15(F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T),

16(Y), or (Z) of section 5312(a)(2) of title 31, United

17

States Code.

18(5) FOREIGN

FINANCIALINSTITUTION.—The

19

term ‘‘foreign financial institution’’ has the meaning

20

given that term in section 1010.605 of title 31, Code21

of Federal Regulations (or any corresponding similar

22

regulation or ruling).

2324(6) PERSON.—The term ‘‘person’’ means any
individual or entity.

DAV22H09 1TS

S.L.C.

152
1
2

(7)

UNITED

STATESPERSON.—The

term‘‘United States person’’ means—3(A) a United States citizen or an alien law-4

fully admitted for permanent residence to the5United States;

6(B) an entity organized under the laws of

7

the United States or of any jurisdiction within

8

the United States, including a foreign branch of

9such an entity; or

10(C) any person in the United States.

11

SEC. 1003. SENSE OF CONGRESS REGARDING PORTRAYALS

12OF THE SOUTH CHINA SEA OR THE EAST

13

CHINA SEA AS PART OF CHINA.

14

It is the sense of Congress that the Government Pub-

15 lishing Office should not publish any map, document,
16 record, electronic resource, or other paper of the United
17 States (other than materials relating to hearings held by
18 committees of Congress or internal work product of a Fed19 eral agency) portraying or otherwise indicating that it is
20 the position of the United States that the territory or air21 space in the South China Sea that is disputed among two
22 or more parties or the territory or airspace of areas ad23 ministered by Japan or the Republic of Korea, including
24 in the East China Sea, is part of the territory or airspace
25 of the People’s Republic of China.

DAV22H09 1TS

S.L.C.

153
1

SEC. 1004. SENSE OF CONGRESS ON 2016 PERMANENT

2

COURT OF ARBITRATION’S TRIBUNAL RUL-3

ING ON ARBITRATION CASE BETWEEN PHIL-

4

IPPINES AND PEOPLE’S REPUBLIC OF CHINA.

5(a) FINDING.—Congress finds that on July 12, 2016,

6 a tribunal of the Permanent Court of Arbitration found
7 in the arbitration case between the Philippines and the
8 People’s Republic of China under the United Nations Con9 vention on the Law of the Sea that the People’s Republic
10 of China’s claims, including those to offshore resources
11 and ‘‘historic rights’’, were unlawful, and that the tribu12 nal’s ruling is final and legally binding on both parties.
13(b) SENSE OF CONGRESS.—It is the sense of Con-

14 gress that—15(1) the United States and the international

16

community should reject the unlawful claims of the17

People’s Republic of China within the exclusive eco-18

nomic zone or on the continental shelf of the Phil-19

ippines, as well as the maritime claims of the Peo-20

ple’s Republic of China beyond a 12-nautical-mile21

territorial sea from the islands it claims in the South

22

China Sea;

23(2) the provocative behavior of the People’s Re-

24

public of China, including coercing other countries

25

with claims in the South China Sea and preventing

26

those countries from accessing offshore resources,

DAV22H09 1TS

S.L.C.

1541

undermines peace and stability in the South China

2

Sea;

3

(3) the international community should—

4(A) support and adhere to the ruling de-5

scribed in subsection (a) in compliance with

6

international law; and

7(B) take all necessary steps to support the8rules-based international order in the South9

China Sea; and

10(4) all claimants in the South China Sea

11should—12(A) refrain from engaging in destabilizing

13

activities, including illegal occupation or efforts

14

to unlawfully assert control over disputed

15

claims;

16
17
18
19

(B) ensure that disputes are managedwithout intimidation, coercion, or force;(C) clarify or adjust claims in accordancewith international law; and20(D) uphold the principle that territorial

21

and maritime claims, including over territorial

22

waters or territorial seas, must be derived from23

land features and otherwise comport with inter-24

national law.

DAV22H09 1TS

S.L.C.

155
1

SEC. 1005. REPORT ON COUNTRIES THAT RECOGNIZE CHI-

2

NESE SOVEREIGNTY OVER THE SOUTH CHINA3

SEA OR THE EAST CHINA SEA.

4(a) IN GENERAL.—Not later than 60 days after the

5 date of the enactment of this Act, and annually thereafter
6 until the date that is 3 years after such date of enactment,
7 the Secretary of State shall submit to the Committee on
8 Foreign Relations of the Senate and the Committee on
9 Foreign Affairs of the House of Representatives a report
10 identifying each country that the Secretary determines has
11 taken an official and stated position to recognize, after
12 such date of enactment, the sovereignty of the People’s
13 Republic of China over territory or airspace disputed by
14 one or more countries in the South China Sea or the terri15 tory or airspace of areas of the East China Sea adminis16 tered by Japan or the Republic of Korea.
17(b) FORM.—The report required by subsection (a)18 shall be submitted in unclassified form, but may include
19 a classified annex if the Secretary of State determines it
20 is necessary for the national security interests of the
21 United States to do so.
22(c) PUBLIC AVAILABILITY.—The Secretary of State

23 shall publish the unclassified part of the report required
24 by subsection (a) on a publicly available website of the
25 Department of State.

DAV22H09 1TS

S.L.C.

156
1
2
3
4
5
6

TITLE XI—RULES OFCONSTRUCTION
SEC. 1101. RULE OF CONSTRUCTION.

Nothing in this Act may be construed—(1) to restore diplomatic relations with the Republic of China; or

7(2) to alter the United States Government’s po-

8

sition with respect to the international status of the9

Republic of China.

10
11
12

SEC. 1102. RULE OF CONSTRUCTION REGARDING THE USE
OF MILITARY FORCE.

Nothing in this Act may be construed as authorizing

13 the use of military force or the introduction of United
14 States forces into hostilities.