II 

117TH CONGRESS 

2D SESSION S. 4428 

To support the security of Taiwan and its right of self-determination, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2022 

Mr. MENENDEZ (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To support the security of Taiwan and its right of selfdetermination, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (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 for 

7 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. 


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Sec. 102. Treatment of the Government of Taiwan. 

Sec. 103. Taiwan symbols of sovereignty. 

Sec. 104. Designation and references to Taiwan Representative Office. 

Sec. 105. Senate confirmation of the Director of the Taipei office of the American Institute in Taiwan. 

TITLE II—IMPLEMENTATION OF AN ENHANCED DEFENSE 

PARTNERSHIP 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 defend Taiwan. 

Sec. 203. Joint assessment. 

Sec. 204. Taiwan Security Assistance Initiative. 

Sec. 205. Requirements regarding definition of counter intervention capabilities. 

Sec. 206. Comprehensive training program. 

Sec. 207. Military planning mechanism. 

Sec. 208. Assessment of Taiwan’s needs for civilian defense and resilience. 

Sec. 209. Prioritizing excess defense article transfers for Taiwan. 

Sec. 210. Fast-tracking sales to Taiwan under the Foreign Military Sales program. 

Sec. 211. Whole-of-government deterrence measures to respond to the People’s 

Republic of China’s force against Taiwan. 

Sec. 212. Increase in annual war reserves stockpile additions and support for 

Taiwan. 

Sec. 213. Designation of Taiwan as a major non-NATO ally. 

TITLE III—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S 

AGGRESSION 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 of 

China targeting countries and entities that support Taiwan. 

TITLE IV—INCLUSION OF TAIWAN IN INTERNATIONAL 

ORGANIZATIONS 

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). 

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 with Taiwan, the IndoPacific Economic Framework, and CBP Preclearance. 

TITLE VI—SUPPORTING UNITED STATES EDUCATIONAL AND 

EXCHANGE PROGRAMS WITH TAIWAN 


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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. 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. 

TITLE VIII—SANCTIONS MEASURES FOR CROSS-STRAIT 

STABILITY 

Sec. 801. Definitions. 

Sec. 802. Determinations with respect to activities of the People’s Republic of 

China impacting 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 the 

People’s Republic of China. 

Sec. 805. Imposition of sanctions with respect to provision of specialized financial messaging services to sanctioned People’s Republic of 

China financial institutions. 

Sec. 806. Imposition of sanctions with respect to People’s Republic of China extractive industries. 

Sec. 807. Additional sanctions. 

Sec. 808. Sanctions described. 

Sec. 809. Implementation; regulations; penalties. 

Sec. 810. Exceptions; waiver. 

Sec. 811. Termination. 

TITLE IX—RULE OF CONSTRUCTION 

Sec. 901. Rule of construction. 

1 SEC. 2. FINDINGS. 

2 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. 


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

2 8; 22 U.S.C. 3301 et seq.) has enabled the people 

3 of the United States and the people of Taiwan to 

4 maintain a strong and important relationship that 

5 promotes regional security, prosperity, and shared 

6 democratic values. 

7 (3) The security of Taiwan and the ability for 

8 the people of Taiwan to determine their own future 

9 is fundamental to United States interests and val10 ues. 

11 (4) The Taipei Economic and Cultural Rep12 resentative Office in the United States and the 

13 American Institute in Taiwan facilitate critical con14 sular relations that— 

15 (A) protect the interests of the people of 

16 the United States and the people of Taiwan; 

17 and 

18 (B) strengthen people-to-people ties. 

19 (5) Increased engagement between public offi20 cials, commercial interests, civil society leaders, and 

21 others enhances Taiwanese-American relations and 

22 its economic, security, and democratic dimensions. 

23 (6) Taiwan serves as a critical partner on re24 gional and transnational issues, such as public 

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1 nologies, cybersecurity, trade, and freedom of navi2 gation. 

3 (7) Taiwan exemplifies a thriving democracy 

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

5 value their suffrage, free markets, right to due proc6 ess, freedom of expression, and other individual lib7 erties. 

8 (8) President Xi Jinping of the People’s Repub9 lic of China (referred to in this Act as the ‘‘PRC’’) 

10 continues to repeat his desire to stifle the freedom 

11 of Taiwan, as evidenced by his July 2021 proclama12 tion, in which he stated, ‘‘All sons and daughters of 

13 China, including compatriots on both sides of the 

14 Taiwan Strait, must work together and move for15 ward in solidarity, resolutely smashing any Taiwan 

16 independence plots.’’. 

17 (9) As President Xi Jinping concentrates his 

18 power in the Chinese Communist Party (referred to 

19 in this Act as the ‘‘CCP’’), he is escalating the 

20 PRC’s campaign of coercion and intimidation 

21 against Taiwan, as evidenced by— 

22 (A) the accelerated preparations made by 

23 the PRC and its People’s Liberation Army (re24 ferred to in this Act as the ‘‘PLA’’) for an of25 fensive attack against Taiwan, such as the 


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1 PLA’s January 2022 incursion of nearly 40 

2 fighters, bombers, and other warplanes into 

3 Taiwan’s air defense identification zone; 

4 (B) the PLA’s growing offensive prepara5 tions in the Taiwan Strait, such as amphibious 

6 assault and live-fire exercises and record-scale 

7 incursions into Taiwanese air space; 

8 (C) the Foreign Ministry’s diplomatic ef9 forts to isolate Taiwan, such as abusing its po10 sition in international intuitions and multilat11 eral fora to exclude Taiwanese participation de12 spite Taiwan’s demonstrated expertise in rel13 evant subjects, such as public health; 

14 (D) threats and actions to compromise 

15 Taiwan’s economy and critical suppliers, such 

16 as draconian export controls and the ‘‘31 Meas17 ures’’ intended to lure Taiwanese talent to 

18 mainland China and away from Taiwan; 

19 (E) persistent and targeted cyberattacks, 

20 numbering nearly 20,000,000 per month, which 

21 are intended to compromise Taiwan’s critical 

22 infrastructure and inflict civilian harm; and 

23 (F) political and economic pressure on 

24 other countries who seek closer ties with Tai25 wan, such as recent export controls related to 


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1 Lithuania after Lithuania announced a perma2 nent Taiwanese Representative Office in Lith3 uania. 

4 (10) On multiple occasions, through both for5 mal and informal channels, the United States has 

6 expressed its concern for the PRC’s destabilizing ac7 tivities in the Taiwan Strait and on the international 

8 stage that aim to subvert Taiwan’s democratic intui9 tions. 

10 (11) The Indo-Pacific Strategy of the United 

11 States— 

12 (A) identifies Taiwan as an important 

13 leading regional partner; 

14 (B) seeks to bolster Taiwan’s self-defense 

15 capabilities; and 

16 (C) reaffirms that Taiwan’s future must be 

17 determined peacefully and in accordance with 

18 the wishes and best interests of the people of 

19 Taiwan. 

20 (12) The PRC considers stifling the freedom of 

21 Taiwan as a critical and necessary step to displacing 

22 the United States as the preeminent military power 

23 in the Indo-Pacific and continues its modernization 

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1 ties of the PLA and its ability to conduct joint oper2 ations. 

3 (13) Taiwan maintains a modern, ready, self4 defense force that adheres to the highest democratic 

5 principles and benefits from continued state of the 

6 art security assistance. 

7 (14) It is a vital national security interest of 

8 the United States to defend Taiwan for the purposes 

9 of— 

10 (A) mitigating the PLA’s ability to project 

11 power and establish contested zones within the 

12 First and Second Island Chains and limiting 

13 the PLA’s freedom of maneuver to conduct un14 constrained power projection capabilities beyond 

15 the First Island Chain in order to protect 

16 United States territory, such as Hawaii and 

17 Guam; 

18 (B) defending the territorial integrity of 

19 Indo-Pacific allies, such as Japan; 

20 (C) deterring other countries and competi21 tors from exercising force as a means to revise 

22 the established status quo; 

23 (D) championing democratic institutions 

24 and societies in the Indo-Pacific region and 

25 throughout the world; and 


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1 (E) maintaining a rules-based international 

2 order that— 

3 (i) constrains authoritarian powers; 

4 (ii) enshrines collective security; 

5 (iii) promotes democracy and respect 

6 for human rights and fundamental free7 doms; and 

8 (iv) promotes peace and prosperity. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—Except as otherwise provided in this Act, 

13 the term ‘‘appropriate committees of Congress’’ 

14 means— 

15 (A) the Committee on Foreign Relations of 

16 the Senate; 

17 (B) the Committee on Armed Services of 

18 the Senate; 

19 (C) the Committee on Appropriations of 

20 the Senate; 

21 (D) the Committee on Foreign Affairs of 

22 the House of Representatives; 

23 (E) the Committee on Armed Services of 

24 the House of Representatives; and 


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1 (F) the Committee on Appropriations of 

2 the House of Representatives. 

3 (2) COUNTER INTERVENTION CAPABILITIES.— 

4 The term ‘‘counter intervention capabilities’’ in5 cludes, in such quantities as the Secretary of State, 

6 in consultation with the Secretary of Defense, deter7 mines to be necessary to achieve the purpose de8 scribed in section 204(c)— 

9 (A) mobile, ground-based coastal defense 

10 cruise missiles and launchers; 

11 (B) mobile, ground-based short-range and 

12 medium-range air defense systems; 

13 (C) smart, self-propelled naval mines and 

14 coastal minelaying platforms; 

15 (D) missile boats and fast-attack craft 

16 equipped with anti-ship and anti-landing craft 

17 missiles; 

18 (E) manned and unmanned aerial and 

19 other mobile, resilient surveillance systems to 

20 support coastal and air defense operations; 

21 (F) equipment to support target location, 

22 tracking, identification, and targeting, especially 

23 at the local level, in communications degraded 

24 or denied environments; 


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1 (G) man-portable anti-armor weapons, 

2 mortars, and small arms for ground combat op3 erations; 

4 (H) equipment and technical assistance for 

5 the purpose of developing civil defense forces, 

6 composed of civilian volunteers and militia; 

7 (I) training and equipment, including ap8 propriate war reserves, required for Taiwan 

9 forces to independently maintain, sustain, and 

10 employ the capabilities described in subpara11 graphs (A) through (H); 

12 (J) concept development for coastal de13 fense, air defense, decentralized command and 

14 control, civil defense, logistics, planning, and 

15 other critical military functions, with an empha16 sis on operations in a communications degraded 

17 or denied environment; and 

18 (K) any other capability that the Secretary 

19 of State, in consultation with the Secretary of 

20 Defense, considers appropriate for the purpose 

21 described in section 204(d). 

22 (3) REPUBLIC OF CHINA.—The term ‘‘Republic 

23 of China’’ means the East Asia island country com24 monly known as ‘‘Taiwan’’. 


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1 (4) SHARP POWER.—The term ‘‘sharp power’’ 

2 means the coordinated and often concealed applica3 tion of disinformation, media manipulation, eco4 nomic coercion, cyber-intrusions, targeted invest5 ments, and academic censorship that is intended— 

6 (A) to corrupt political and nongovern7 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 Com11 munist Party; or 

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

13 or outcomes in Taiwan and elsewhere that sup14 port the interests of the Government of the 

15 People’s Republic of China or the Chinese Com16 munist Party. 

17 TITLE I—UNITED STATES 

18 POLICY TOWARD TAIWAN 

19 SEC. 101. DECLARATION OF POLICY. 

20 It is the policy of the United States— 

21 (1) to support the security of Taiwan, the sta22 bility of cross-Strait relations, and the freedom of 

23 the people of Taiwan to determine their own future 

24 and to strenuously oppose any action by the PRC to 

25 use force to change the status quo of Taiwan; 


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1 (2) to cooperate with Taiwan as an important 

2 partner of the United States in promoting a free and 

3 open Indo-Pacific; 

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

5 change the status quo of Taiwan by coordinating 

6 with allies and partners to identify and develop sig7 nificant economic, diplomatic, and other measures 

8 that will deter and impose costs on any such use of 

9 force and support and cooperate with Taiwan to im10 plement, resource, and modernize its military capa11 bilities, including an asymmetric defense strategy, 

12 through security assistance and increases in defense 

13 spending; 

14 (4) to strengthen cooperation with the military 

15 of Taiwan under the framework of the Taiwan Rela16 tions Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) 

17 and the Six Assurances, with consideration of the 

18 ongoing military buildup in China and the imbalance 

19 in the security environment in the Taiwan Strait, 

20 and to transfer defense articles to Taiwan to en21 hance its capabilities, including its efforts to under22 take defensive operations, such as undersea warfare 

23 and air defense capabilities, and maintain the ability 

24 to deny PRC coercion and invasion; 


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1 (5) to urge Taiwan to increase its own invest2 ments in military capabilities, including those that 

3 support the implementation of an asymmetric de4 fense strategy; 

5 (6) to advance and finalize key provisions of the 

6 United States-Taiwan Trade and Investment Frame7 work Agreement and deepen economic ties between 

8 the United States and Taiwan and advance the in9 terests of the United States by negotiating a bilat10 eral free trade agreement as soon as possible that 

11 will include appropriate levels of labor rights and en12 vironmental protections; 

13 (7) to include Taiwan as a partner in the Indo14 Pacific Economic Framework; 

15 (8) to welcome Taiwan’s meaningful participa16 tion in important international organizations, includ17 ing organizations that address global health, civilian 

18 air safety, and efforts to counter transnational crime 

19 and bilateral and multilateral security summits, mili20 tary exercises, and economic dialogues and forums; 

21 (9) to support the Government of Taiwan as a 

22 representative democratic government, constituted 

23 through free and fair elections that reflect the will 

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

2 by using the full range of diplomatic and financial 

3 tools available to promote Taiwan’s international 

4 space; 

5 (10) to ensure that distinctions in practice re6 garding relations with Taiwan are consistent with 

7 the longstanding, comprehensive, strategic, and val8 ues-based relationship the United States shares with 

9 Taiwan, and contribute to the peaceful resolution of 

10 cross-Strait issues; and 

11 (11) to create and execute a plan for enhancing 

12 our relationship with Taiwan by forming a robust 

13 partnership that— 

14 (A) meets the challenges of the 21st cen15 tury; 

16 (B) fully accounts for Taiwan’s democratic 

17 status; and 

18 (C) remains faithful to United States prin19 ciples and values, consistent with the Taiwan 

20 Relations Act and the Six Assurances. 

21 SEC. 102. TREATMENT OF THE GOVERNMENT OF TAIWAN. 

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

23 Federal departments and agencies shall— 


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1 (1) engage with the democratically elected gov2 ernment of Taiwan as the legitimate representative 

3 of the people of Taiwan; and 

4 (2) end the outdated practice of referring to the 

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

6 (b) NO RESTRICTIONS ON BILATERAL INTER7 ACTIONS.—Notwithstanding the continued supporting role 

8 of the American Institute in Taiwan in carrying out 

9 United States foreign policy and protecting United States 

10 interests in Taiwan, the United States Government shall 

11 not place any undue restrictions on the ability of officials 

12 of the Department of State or other Federal departments 

13 and agencies to interact directly and routinely with their 

14 counterparts in the Government of Taiwan. 

15 SEC. 103. TAIWAN SYMBOLS OF SOVEREIGNTY. 

16 (a) DEFINED TERM.—In this section, the term ‘‘offi17 cial purposes’’ means— 

18 (1) the wearing of official uniforms; 

19 (2) conducting government-hosted ceremonies 

20 or functions; and 

21 (3) appearances on Department of State social 

22 media accounts promoting engagements with Tai23 wan. 

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

25 date of the enactment of this Act, the Secretary of State 


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1 shall rescind any contact guideline, internal restriction, 

2 section of the Foreign Affairs Manual or the Foreign Af3 fairs Handbook, or related guidance or policies that, ex4 plicitly or implicitly, including through restrictions or limi5 tations on activities of United States Government per6 sonnel, limits the ability of members of the armed forces 

7 of the Republic of China (Taiwan) and government rep8 resentatives from the Taipei Economic and Cultural Rep9 resentative Office to display, for official purposes, symbols 

10 of Republic of China sovereignty, including— 

11 (1) the flag of the Republic of China (Taiwan); 

12 and 

13 (2) the corresponding emblems or insignia of 

14 military units. 

15 SEC. 104. DESIGNATION AND REFERENCES TO TAIWAN REP16 RESENTATIVE OFFICE. 

17 (a) STATEMENT OF POLICY.—It shall be the policy 

18 of the United States, consistent with the Taiwan Relations 

19 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the 

20 Six Assurances— 

21 (1) to provide the people of Taiwan with de 

22 facto diplomatic treatment equivalent to foreign 

23 countries, nations, states, governments, or similar 

24 entities; and 


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1 (2) to rename the ‘‘Taipei Economic and Cul2 tural Representative Office’’ in the United States as 

3 the ‘‘Taiwan Representative Office’’. 

4 (b) RENAMING.—The Secretary of State shall seek 

5 to enter into negotiations with the Taipei Economic and 

6 Cultural Representative Office to rename its office in 

7 Washington, DC, the ‘‘Taiwan Representative Office’’. 

8 (c) REFERENCES.—If the negotiations under sub9 section (b) results in the renaming of the Taipei Economic 

10 and Cultural Representative Office as the Taiwan Rep11 resentative Office, any reference in a law, map, regulation, 

12 document, paper, or other record of the United States 

13 Government to the Taipei Economic and Cultural Rep14 resentative Office shall be deemed to be a reference to the 

15 Taiwan Representative Office, including for all official 

16 purposes of the United States Government, all courts of 

17 the United States, and any proceedings by such Govern18 ment or in such courts. 

19 SEC. 105. SENATE CONFIRMATION OF THE DIRECTOR OF 

20 THE TAIPEI OFFICE OF THE AMERICAN INSTI21 TUTE IN TAIWAN. 

22 The appointment of an individual to the position of 

23 Director of the American Institute in Taiwan’s Taipei of24 fice shall be subject to the advice and consent of the SenVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 ate. Upon Senate confirmation, such individual shall have 

2 the title of Representative. 

3 TITLE II—IMPLEMENTATION OF 

4 AN ENHANCED DEFENSE 

5 PARTNERSHIP BETWEEN THE 

6 UNITED STATES AND TAIWAN 

7 SEC. 201. AMENDMENTS TO THE TAIWAN RELATIONS ACT. 

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

9 Taiwan Relations Act (22 U.S.C. 3301(b)) is amended— 

10 (1) in paragraph (5), by inserting ‘‘and arms 

11 conducive to deterring acts of aggression by the Peo12 ple’s Liberation Army’’ after ‘‘arms of a defensive 

13 character’’; and 

14 (2) in paragraph (6), by striking ‘‘to maintain 

15 the capacity of the United States’’. 

16 (b) PROVISION OF DEFENSE ARTICLES AND SERV17 ICES.—Section 3(a) of the Taiwan Relations Act (22 

18 U.S.C. 3302(a)) is amended by striking ‘‘to maintain a 

19 sufficient self-defense capability’’ and inserting ‘‘to imple20 ment a strategy to deny and deter acts of coercion or ag21 gression by the People’s Liberation Army’’. 

22 (c) RULE OF CONSTRUCTION.—Section 4 of the Tai23 wan Relations Act (22 U.S.C. 3303) is amended by adding 

24 at the end the following: 


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1 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this Act, 

2 nor the President’s action in extending diplomatic recogni3 tion to the People’s Republic of China, nor the absence 

4 of diplomatic relations between the people of Taiwan and 

5 the United States, and nor the lack of formal recognition 

6 of Taiwan by the United States, and any related cir7 cumstances, may be construed to constitute a legal or 

8 practical obstacle to any otherwise lawful action of the 

9 President or of any United States Government agency 

10 that is needed to advance or protect United States inter11 ests pertaining to Taiwan, including actions intended to 

12 strengthen security cooperation between the United States 

13 and Taiwan or to otherwise deter the use of force against 

14 Taiwan by the People’s Liberation Army.’’. 

15 SEC. 202. ANTICIPATORY PLANNING AND ANNUAL REVIEW 

16 OF THE UNITED STATES STRATEGY TO DE17 FEND TAIWAN. 

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

19 date of the enactment of this Act, and annually thereafter 

20 for 10 years, the Secretary of Defense shall— 

21 (1) conduct a classified review of the United 

22 States strategy to defend Taiwan; and 

23 (2) share the results of such review with the 

24 Chairman and Ranking Member of the appropriate 

25 committees of Congress. 


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

2 subsection (a) shall include— 

3 (1) an assessment of Taiwan’s current and 

4 near-term capabilities, United States force readiness, 

5 and the adequacy of the United States strategy to 

6 enable the defense of Taiwan; 

7 (2) a detailed strategy of denial to defend Tai8 wan against aggression by the People’s Liberation 

9 Army, including an effort to seize and hold the is10 land of Taiwan; 

11 (3) a comprehensive assessment of risks to the 

12 United States and United States interests, including 

13 readiness shortfalls that pose strategic risk; 

14 (4) a review of indicators of the near-term like15 lihood of the use of force by the People’s Liberation 

16 Army against Taiwan; and 

17 (5) a list of military capabilities, including ca18 pabilities that enable a strategy of denial, that— 

19 (A) would suit the operational environment 

20 and allow Taiwan to respond effectively to a va21 riety of contingencies across all potential phases 

22 of conflict involving the People’s Liberation 

23 Army; and 


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1 (B) would reduce the threat of conflict, 

2 thwart an invasion, and mitigate other risks to 

3 the United States and Taiwan. 

4 SEC. 203. JOINT ASSESSMENT. 

5 (a) IN GENERAL.—The Secretary of State, in con6 sultation with the Secretary of Defense, shall establish a 

7 mechanism with Taiwan— 

8 (1) to develop a joint assessment of the threats 

9 Taiwan faces from the People’s Republic of China 

10 across the spectrum of possible military action; and 

11 (2) to identify nonmaterial and material solu12 tions to deter and defeat such threats. 

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

14 subsection (a), the Secretary of Defense, in consultation 

15 with the Secretary of State, shall develop with Taiwan— 

16 (1) an integrated priorities list; 

17 (2) relevant plans for acquisition and training 

18 for relevant nonmaterial and material solutions; and 

19 (3) other measures to appropriately prioritize 

20 the defense needs of Taiwan to maintain effective 

21 deterrence across the spectrum of possible military 

22 action by the People’s Republic of China. 

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

24 of the enactment of this Act, the Secretary of Defense, 

25 in consultation with the Secretary of State, shall submit 


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1 a report to the appropriate committees of Congress that 

2 describes the joint assessment developed pursuant to sub3 section (a)(1). 

4 SEC. 204. TAIWAN SECURITY ASSISTANCE INITIATIVE. 

5 (a) TAIWAN SECURITY PROGRAMS.—The Secretary 

6 of State, in consultation with the Secretary of Defense, 

7 shall establish an initiative, to be known as the ‘‘Taiwan 

8 Security Assistance Initiative’’ (referred to in this section 

9 as the ‘‘Initiative’’), that provides a Foreign Military Fi10 nancing Program for Taiwan and other measures to 

11 strengthen the United States-Taiwan defense relationship, 

12 and to accelerate the modernization of Taiwan’s defense 

13 capabilities required to deter or, if necessary, to defeat an 

14 invasion of Taiwan by the People’s Republic of China. 

15 (b) ANNUAL REPORT ON ADVANCING THE DEFENSE

16 OF TAIWAN.— 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES DEFINED.—In this subsection, the term ‘‘ap19 propriate congressional committees’’ means— 

20 (A) the Committee on Foreign Relations of 

21 the Senate; and 

22 (B) the Committee on Foreign Affairs of 

23 the House of Representatives. 

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

25 after the date of the enactment of this Act, and anVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 nually thereafter for 7 years, the Secretary of State 

2 and the Secretary of Defense shall jointly submit a 

3 report to the appropriate congressional committees 

4 that describes Taiwan’s enhancement of its self-de5 fense capabilities. 

6 (3) MATTERS TO BE INCLUDED.—Each report 

7 required under paragraph (2) shall include— 

8 (A) an assessment of the commitment of 

9 Taiwan to implementing the tenets of the Over10 all Defense Concept, including the steps that 

11 Taiwan has taken and the steps that Taiwan 

12 has not taken to implement those tenets; 

13 (B) an assessment of the efforts of Taiwan 

14 to acquire and employ within its forces asym15 metric capabilities, including— 

16 (i) long-range precision fires; 

17 (ii) integrated air and missile defense 

18 systems; 

19 (iii) anti-ship cruise missiles; 

20 (iv) land-attack cruise missiles; 

21 (v) coastal defense; 

22 (vi) anti-armor; 

23 (vii) undersea warfare; 

24 (viii) survivable swarming maritime 

25 assets; 


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1 (ix) manned and unmanned aerial sys2 tems; 

3 (x) mining and countermining capa4 bilities; 

5 (xi) intelligence, surveillance, and re6 connaissance capabilities; 

7 (xii) command and control systems; 

8 and 

9 (xiii) any other defense capabilities 

10 that the United States and Taiwan jointly 

11 determine are crucial to the defense of Tai12 wan, in accordance with the process devel13 oped pursuant to section 203(a); 

14 (C) an evaluation of the balance between 

15 conventional and counter intervention capabili16 ties in the defense force of Taiwan as of the 

17 date on which the report is submitted; 

18 (D) an assessment of steps taken by Tai19 wan to enhance the overall readiness of its de20 fense forces, including— 

21 (i) the extent to which Taiwan is re22 quiring and providing regular training to 

23 such forces; 


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1 (ii) the extent to which such training 

2 is realistic to the security environment that 

3 Taiwan faces; and 

4 (iii) the sufficiency of the financial 

5 and budgetary resources Taiwan is putting 

6 toward readiness of such forces; 

7 (E) an assessment of steps taken by Tai8 wan to ensure that the Taiwan Reserve Com9 mand can recruit, train, and equip its forces; 

10 (F) an evaluation of— 

11 (i) the severity of manpower shortages 

12 in the military of Taiwan, including in the 

13 reserve forces; 

14 (ii) the impact of such shortages in 

15 the event of a conflict scenario; and 

16 (iii) the efforts made by Taiwan to 

17 address such shortages; 

18 (G) an assessment of the efforts made by 

19 Taiwan to boost its civilian defenses, including 

20 any informational campaigns to raise awareness 

21 among the population of Taiwan of the risks of 

22 Taiwan’s security environment; 

23 (H) an assessment of the efforts made by 

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1 cluding in transportation, telecommunications 

2 networks, and energy; 

3 (I) an assessment of the efforts made by 

4 Taiwan to enhance its cybersecurity, including 

5 the security of civilian government and military 

6 networks; 

7 (J) an assessment of any significant gaps 

8 in any of the matters described in subpara9 graphs (A) through (I) with respect to which 

10 the United States assesses that additional ac11 tion is needed; 

12 (K) a description of cooperative efforts be13 tween the United States and Taiwan on the 

14 matters described in subparagraphs (A) 

15 through (J); and 

16 (L) a description of any resistance within 

17 the Government of Taiwan to— 

18 (i) implementing the matters de19 scribed in subparagraphs (A) through (I); 

20 or 

21 (ii) United States support or engage22 ment with regard to such matters. 

23 (4) FORM.—The report required under para24 graph (2) shall be submitted in classified form, but 

25 shall include a detailed unclassified summary. 


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

2 State and the Secretary of Defense shall jointly 

3 share the unclassified summary required under para4 graph (4) with the government and military of Tai5 wan. 

6 (c) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec7 retary of State, in consultation with the Secretary of De8 fense, shall use amounts appropriated pursuant to sub9 section (i) to provide assistance to the Government of Tai10 wan to achieve the purpose described in subsection (d). 

11 (d) PURPOSE.—The purpose of the Foreign Military 

12 Financing Program shall be to provide assistance, includ13 ing equipment, training, and other support, to enable the 

14 Government of Taiwan— 

15 (1) to accelerate the modernization of its de16 fense capabilities, including for asymmetric oper17 ations, that will delay, degrade, and deny attempts 

18 by People’s Liberation Army forces— 

19 (A) to conduct coercive or grey zone activi20 ties; 

21 (B) to enter or transit the Taiwan Strait 

22 and adjoining seas; or 

23 (C) to secure a lodgment on Taiwan and 

24 expand or otherwise use such lodgment to seize 


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1 control of a population center or other key ter2 ritory in Taiwan; and 

3 (2) to prevent the People’s Republic of China 

4 from decapitating, seizing control of, or otherwise 

5 neutralizing or rendering ineffective the Government 

6 of Taiwan. 

7 (e) WAR RESERVE STOCKPILE.—Of the amounts ap8 propriated pursuant to subsection (i)(2), not more than 

9 $100,000,000 may be used during each of the fiscal years 

10 2023 through 2032 to maintain a stockpile (if established 

11 under section 213), in accordance with section 514 of the 

12 Foreign Assistance Act of 1961 (22 U.S.C. 2321h), as 

13 amended by section 212. 

14 (f) AVAILABILITY OF FUNDS.— 

15 (1) ANNUAL SPENDING PLAN.—Not later than 

16 December 1, 2022, and annually thereafter, the Sec17 retary of State, in coordination with the Secretary of 

18 Defense, shall submit a plan to the appropriate com19 mittees of Congress describing how funds appro20 priated pursuant to subsection (i)(2) will be used to 

21 achieve the purpose described in subsection (d). 

22 (2) CERTIFICATION.—Amounts appropriated 

23 for each fiscal year pursuant to subsection (i)(2) 

24 shall be made available for the purpose described in 

25 such subsection after the Secretary of State certifies 


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1 to the appropriate committees of Congress that Tai2 wan has increased its defense spending relative to 

3 Taiwan’s defense spending in its prior fiscal year, 

4 excepting accounts in Taiwan’s defense budget re5 lated to personnel expenditures (other than military 

6 training and education). 

7 (3) REMAINING FUNDS.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), amounts appropriated for a fiscal 

10 year pursuant to subsection (i)(2) that are not 

11 obligated and expended during such fiscal year 

12 shall be added to the amount that may be used 

13 for the Initiative in the subsequent fiscal year. 

14 (B) RESCISSION.—Amounts appropriated 

15 pursuant to subsection (i)(2) that remain unob16 ligated on September 30, 2027, shall be re17 scinded and deposited into the general fund of 

18 the Treasury. 

19 (g) DEFENSE ARTICLES AND SERVICES FROM THE

20 UNITED STATES INVENTORY AND OTHER SOURCES.— 

21 (1) IN GENERAL.—In addition to assistance 

22 provided pursuant to subsection (c), the Secretary of 

23 State, in coordination with the Secretary of Defense, 

24 may make available to the Government of Taiwan, 

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1 siders appropriate for the purpose described in sub2 section (d)— 

3 (A) weapons and other defense articles 

4 from the United States inventory and other 

5 sources; 

6 (B) excess defense articles from the United 

7 States inventory; and 

8 (C) defense services. 

9 (2) REPLACEMENT.—The Secretary of State 

10 may use amounts appropriated pursuant to sub11 section (i)(2) for the cost of replacing any item pro12 vided to the Government of Taiwan pursuant to 

13 paragraph (1)(A). 

14 (h) FOREIGN MILITARY FINANCING LOAN AND LOAN

15 GUARANTEE AUTHORITY.— 

16 (1) DIRECT LOANS.— 

17 (A) IN GENERAL.—Notwithstanding sec18 tion 23(c)(1) of the Arms Export Control Act 

19 (22 U.S.C. 2763), during fiscal years 2022 and 

20 2023, the Secretary of State may make direct 

21 loans available for Taiwan pursuant to section 

22 23 of such Act. 

23 (B) MAXIMUM OBLIGATIONS.—Gross obli24 gations for the principal amounts of loans auVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 thorized under subparagraph (A) may not ex2 ceed $2,000,000,000. 

3 (C) SOURCE OF FUNDS.— 

4 (i) DEFINED TERM.—In this subpara5 graph, the term ‘‘cost’’— 

6 (I) has the meaning given such 

7 term in section 502(5) of the Congres8 sional Budget Act of 1974 (2 U.S.C. 

9 661a(5)); 

10 (II) shall include the cost of 

11 modifying a loan authorized under 

12 subparagraph (A); and 

13 (III) may include the costs of 

14 selling, reducing, or cancelling any 

15 amounts owed to the United States or 

16 to any agency of the United States. 

17 (ii) IN GENERAL.—Amounts appro18 priated pursuant to subsection (i)(1) may 

19 be made available to pay for the cost of 

20 loans authorized under subparagraph (A). 

21 (D) FEES AUTHORIZED.— 

22 (i) IN GENERAL.—The Government of 

23 the United States may charge fees for 

24 loans made pursuant to subparagraph (A), 

25 which shall be collected from borrowers 


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1 through a financing account (as defined in 

2 section 502(7) of the Congressional Budget 

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

4 (ii) LIMITATION ON FEE PAYMENTS.— 

5 Amounts made available under any appro6 priations Act for any fiscal year may not 

7 be used to pay any fees associated with a 

8 loan authorized under subparagraph (A). 

9 (E) REPAYMENT.—Loans made pursuant 

10 to subparagraph (A) shall be repaid not later 

11 than 12 years after the loan is received by the 

12 borrower, including a grace period of not more 

13 than 1 year on repayment of principal. 

14 (F) INTEREST.— 

15 (i) IN GENERAL.—Notwithstanding 

16 section 23(c)(1) of the Arms Export Con17 trol Act (22 U.S.C. 2763(c)(1)), interest 

18 for loans made pursuant to subparagraph 

19 (A) may be charged at a rate determined 

20 by the Secretary of State, except that such 

21 rate may not be less than the prevailing in22 terest rate on marketable Treasury securi23 ties of similar maturity. 

24 (ii) TREATMENT OF LOAN AMOUNTS

25 USED TO PAY INTEREST.—Amounts made 


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1 available under this paragraph for interest 

2 costs shall not be considered assistance for 

3 the purposes of any statutory limitation on 

4 assistance to a country. 

5 (2) LOAN GUARANTEES.— 

6 (A) IN GENERAL.—Amounts appropriated 

7 pursuant to subsection (i)(1) may be made 

8 available for the costs of loan guarantees for 

9 Taiwan under section 24 of the Arms Export 

10 Control Act (22 U.S.C. 2764) for Taiwan to 

11 subsidize gross obligations for the principal 

12 amount of commercial loans and total loan 

13 principal, any part of which may be guaranteed, 

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

15 (B) MAXIMUM AMOUNTS.—A loan guar16 antee authorized under subparagraph (A)— 

17 (i) may not guarantee a loan that ex18 ceeds $2,000,000,000; and 

19 (ii) may not exceed 80 percent of the 

20 loan principal with respect to any single 

21 borrower. 

22 (C) SUBORDINATION.—Any loan guaran23 teed pursuant to subparagraph (A) may not be 

24 subordinated to— 


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1 (i) another debt contracted by the 

2 borrower; or 

3 (ii) any other claims against the bor4 rower in the case of default. 

5 (D) REPAYMENT.—Repayment in United 

6 States dollars of any loan guaranteed under 

7 this paragraph shall be required not later than 

8 12 years after the loan agreement is signed. 

9 (E) FEES.—Notwithstanding section 24 of 

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

11 the Government of the United States may 

12 charge fees for loan guarantees authorized 

13 under subparagraph (A), which shall be col14 lected from borrowers, or from third parties on 

15 behalf of such borrowers, through a financing 

16 account (as defined in section 502(7) of the 

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

18 661a(7))). 

19 (F) TREATMENTS OF LOAN GUARAN20 TEES.—Amounts made available under this 

21 paragraph for the costs of loan guarantees au22 thorized under subparagraph (A) shall not be 

23 considered assistance for the purposes of any 

24 statutory limitation on assistance to a country. 


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1 (3) NOTIFICATION REQUIREMENT.—Amounts 

2 appropriated to carry out this subsection may not be 

3 expended without prior notification of the appro4 priate committees of Congress. 

5 (i) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) FOREIGN MILITARY FINANCING PRO7 GRAM.—There is authorized to be appropriated, 

8 under the heading ‘‘Foreign Military Financing Pro9 gram’’, such sums as may be necessary to carry out 

10 the program authorized under subsection (c). 

11 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

12 addition to amounts appropriated pursuant to para13 graph (1), there is authorized to be appropriated to 

14 the Department of State to carry out the Initia15 tive— 

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

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

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

19 and 

20 (D) $2,000,000,000 for fiscal year 2026. 

21 (j) SUNSET PROVISION.—Assistance may not be pro22 vided under this section after September 30, 2032. 


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1 SEC. 205. REQUIREMENTS REGARDING DEFINITION OF 

2 COUNTER INTERVENTION CAPABILITIES. 

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

4 United States— 

5 (1) to ensure that requests by Taiwan to pur6 chase arms from the United States are not pre7 maturely rejected or dismissed before Taiwan sub8 mits a letter of request or other formal documenta9 tion, particularly when such requests are for capa10 bilities that are not included on any United States 

11 Government priority lists of necessary capabilities 

12 for the defense of Taiwan; and 

13 (2) to ensure close consultation among rep14 resentatives of Taiwan, Congress, industry, and the 

15 Executive branch about requests referred to in para16 graph (1) and the needs of Taiwan before Taiwan 

17 submits formal requests for such purchases. 

18 (b) REQUIREMENT.—Not later than 45 days after the 

19 date of the enactment of this Act, the Secretary of State 

20 and the Secretary of Defense shall jointly submit to the 

21 appropriate committees of Congress— 

22 (1) a list of categories of counter intervention 

23 capabilities and a justification for each such cat24 egory; and 

25 (2) a description of the degree to which the 

26 United States has a policy of openness or flexibility 


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1 for the consideration of capabilities that may not fall 

2 within the scope of counter intervention capabilities 

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

4 due to potential changes, such as— 

5 (A) the evolution of defense technologies; 

6 (B) the identification of new concepts of 

7 operation or ways to employ certain capabilities; 

8 and 

9 (C) other factors that might change assess10 ments by the United States and Taiwan of 

11 what constitutes counter intervention capabili12 ties. 

13 SEC. 206. COMPREHENSIVE TRAINING PROGRAM. 

14 (a) IN GENERAL.—The Secretary of State, in con15 sultation with the Secretary of Defense, shall establish a 

16 comprehensive training program with the Government of 

17 Taiwan that is designed— 

18 (1) to achieve interoperability; 

19 (2) to familiarize the militaries of the United 

20 States and Taiwan with each other; and 

21 (3) to improve Taiwan’s defense capabilities. 

22 (b) ELEMENTS.—The training program established 

23 pursuant to subsection (a) shall include joint United 

24 States-Taiwan— 

25 (1) contingency tabletop exercises; 


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1 (2) war games; and 

2 (3) robust, operationally relevant, or full-scale 

3 military exercises. 

4 (c) ANNUAL REPORT.—Not later than 180 days after 

5 the date of the enactment of this Act, and annually there6 after for the following 10 years, the Secretary of State, 

7 in consultation with the Secretary of Defense, shall submit 

8 a report to the appropriate committees of Congress that 

9 describes the establishment and implementation of the 

10 training program established pursuant to subsection (a). 

11 SEC. 207. MILITARY PLANNING MECHANISM. 

12 The Secretary of Defense, in consultation with the 

13 Secretary of State, shall establish a high-level military 

14 planning mechanism between the United States and Tai15 wan that— 

16 (1) is designed to oversee a Joint and Com17 bined Exercise Program and to coordinate Inter18 national Military Education and Training assistance 

19 and professional exchanges aimed at determining 

20 and coordinating the acquisition of capabilities for 

21 United States and Taiwan military forces to address 

22 the needs of currently anticipated and future contin23 gencies; and 

24 (2) may be modeled after the Joint United 

25 States Military Advisory Group Thailand, or any 


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1 such similar existing arrangement, as determined by 

2 the Secretary of Defense. 

3 SEC. 208. ASSESSMENT OF TAIWAN’S NEEDS FOR CIVILIAN 

4 DEFENSE AND RESILIENCE. 

5 (a) ASSESSMENT REQUIRED.—Not later than 120 

6 days after the date of enactment of this Act, the Secretary 

7 of State and the Secretary of Defense, in consultation with 

8 heads of other relevant Federal departments and agencies, 

9 shall submit a written, classified assessment of Taiwan’s 

10 needs in the areas of civilian defense and resilience to the 

11 appropriate committees of Congress, the Committee on 

12 Appropriations of the Senate, and the Committee on Ap13 propriations of the House of Representatives. 

14 (b) MATTERS TO BE INCLUDED.—The assessment 

15 required under subsection (a) shall— 

16 (1) analyze the potential role of Taiwan’s public 

17 and civilian assets in defending against various sce18 narios to coerce or conduct military aggression 

19 against Taiwan; 

20 (2) carefully analyze Taiwan’s needs for en21 hancing its defensive capabilities through the sup22 port of civilians and civilian sectors, including— 

23 (A) greater utilization of Taiwan’s high 

24 tech labor force; 


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1 (B) the creation of clear structures and lo2 gistics support for civilian defense role alloca3 tion; 

4 (C) recruitment and skills training for Tai5 wan’s defense and civilian sectors; and 

6 (D) other defense needs and considerations 

7 at the provincial, city, and neighborhood levels; 

8 (3) analyze Taiwan’s needs for enhancing resil9 iency among its people and in key economic sectors; 

10 and 

11 (4) identify the areas and means through which 

12 the United States could provide training and assist13 ance to support the needs discovered through the as14 sessment and fill any critical gaps where capacity 

15 falls short of such needs. 

16 (c) FORM OF REPORT.—Notwithstanding the classi17 fied nature of the assessment required under subsection 

18 (a), the assessment shall be shared with appropriate offi19 cials of the Government of Taiwan to facilitate coopera20 tion. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.— 

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

23 appropriated to complete the assessment required 

24 under subsection (a)— 


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1 (A) $500,000 for the Department of State; 

2 and 

3 (B) $500,000 for the Department of De4 fense. 

5 (2) TRANSFER AUTHORITY.—The Secretary of 

6 State and the Secretary of Defense are authorized to 

7 transfer any funds appropriated to their respective 

8 departments pursuant to paragraph (1) to other 

9 Federal departments and agencies for the purposes 

10 of facilitating the contributions of such departments 

11 and agencies to the assessment required under sub12 section (a). 

13 SEC. 209. PRIORITIZING EXCESS DEFENSE ARTICLE TRANS14 FERS FOR TAIWAN. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that the United States Government should appro17 priately prioritize the review of excess defense article 

18 transfers to Taiwan. 

19 (b) FIVE-YEAR PLAN.—Not later than 90 days after 

20 the date of the enactment of this Act, the President 

21 shall— 

22 (1) develop a 5-year plan to appropriately 

23 prioritize excess defense article transfers to Taiwan; 

24 and 


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1 (2) submit a report to the appropriate commit2 tees of Congress that describes such plan. 

3 (c) REQUIRED COORDINATION.—The United States 

4 Government shall coordinate and align excess defense arti5 cle transfers with capacity building efforts of Taiwan. 

6 (d) TRANSFER AUTHORITY.— 

7 (1) IN GENERAL.—Section 516(c)(2) of the 

8 Foreign Assistance Act of 1961 (22 U.S.C. 

9 2321j(c)(2)) is amended by striking ‘‘and to the 

10 Philippines’’ and inserting ‘‘, to the Philippines, and 

11 to Taiwan’’. 

12 (2) TREATMENT OF TAIWAN.—With respect to 

13 the transfer of excess defense articles under section 

14 516(c)(2) of the Foreign Assistance Act of 1961, as 

15 amended by paragraph (1), Taiwan shall receive the 

16 same benefits as the other countries referred to in 

17 such section. 

18 SEC. 210. FAST-TRACKING SALES TO TAIWAN UNDER THE 

19 FOREIGN MILITARY SALES PROGRAM. 

20 (a) PRIORITIZED PROCESSING OF FOREIGN MILI21 TARY SALES REQUESTS FROM TAIWAN.—The Secretary 

22 of State, in coordination with the Secretary of Defense 

23 shall appropriately prioritize and expedite the processing 

24 of requests from Taiwan under the Foreign Military Sales 


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1 program and may not delay the processing of such re2 quests for bundling purposes. 

3 (b) ANNUAL REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act, and annually there5 after for the following 10 years, the Secretary of State, 

6 in coordination with the Secretary of Defense, shall submit 

7 a report to the appropriate committees of Congress that 

8 describes the steps that have been taken to carry out sub9 section (a). 

10 SEC. 211. WHOLE-OF-GOVERNMENT DETERRENCE MEAS11 URES TO RESPOND TO THE PEOPLE’S REPUB12 LIC OF CHINA’S FORCE AGAINST TAIWAN. 

13 (a) BRIEFING REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, and annually 

15 thereafter for the following 5 years, the Secretary of State, 

16 the Secretary of the Treasury, the Secretary of Defense, 

17 the Secretary of Commerce, the Director of National Intel18 ligence, and any other relevant heads of Federal depart19 ments and agencies shall provide a detailed briefing to the 

20 appropriate committees of Congress regarding— 

21 (1) all available economic, diplomatic, and other 

22 strategic measures to deter the use of force by the 

23 People’s Republic of China, including coercion, grey24 zone tactics, assertions, shows of force, quarantines, 


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1 embargoes, or other measures to change the status 

2 quo of Taiwan; 

3 (2) efforts by the United States Government to 

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

5 China to change the status quo of Taiwan; and 

6 (3) progress to date of all coordination efforts 

7 between the United States Government and its allies 

8 and partners with respect to deterring the use of 

9 force to change the status quo of Taiwan. 

10 (b) COORDINATED CONSEQUENCES WITH ALLIES

11 AND PARTNERS.—The Secretary of State shall coordinate 

12 with United States allies and partners to identify and de13 velop significant economic, diplomatic, and other measures 

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

15 to change the status quo of Taiwan. 

16 SEC. 212. INCREASE IN ANNUAL WAR RESERVES STOCK17 PILE ADDITIONS AND SUPPORT FOR TAIWAN. 

18 (a) IN GENERAL.—Section 514(b)(2)(A) of the For19 eign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A)) 

20 is amended by striking ‘‘$200,000,000’’ and all that fol21 lows and inserting ‘‘$500,000,000 for any of the fiscal 

22 years 2023, 2024, or 2025.’’. 

23 (b) ESTABLISHMENT.—Subject to section 514 of the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the 


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1 President may establish a war reserve stockpile for Tai2 wan 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 section 514(c)(2) (22 U.S.C. 

8 2321h(c)(2)), by inserting ‘‘Taiwan,’’ after ‘‘Thai9 land,’’; and 

10 (2) in section 516(c)(2) (22 U.S.C. 

11 2321j(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 war reserve stockpile established under subsection (b). 

19 SEC. 213. DESIGNATION OF TAIWAN AS A MAJOR NON-NATO 

20 ALLY. 

21 Section 517 of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2321k) is amended by adding at the end the 

23 following: 

24 ‘‘(c) ADDITIONAL DESIGNATIONS.— 


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1 ‘‘(1) IN GENERAL.—Taiwan is designated as a 

2 major non-NATO ally for purposes of this Act, the 

3 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

4 and section 2350a of title 10, United States Code. 

5 ‘‘(2) NOTICE OF TERMINATION OF DESIGNA6 TION.—The President shall notify Congress in ac7 cordance with subsection (a)(2) before terminating 

8 the designation specified in paragraph (1).’’. 

9 TITLE III—COUNTERING PEO10 PLE’S REPUBLIC OF CHINA’S 

11 AGGRESSION AND INFLU12 ENCE CAMPAIGNS 

13 SEC. 301. STRATEGY TO RESPOND TO INFLUENCE AND IN14 FORMATION OPERATIONS TARGETING TAI15 WAN. 

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

17 date of the enactment of this Act, the Secretary of State 

18 shall develop and implement a strategy to respond to— 

19 (1) the Chinese Communist Party’s United 

20 Front; and 

21 (2) information and disinformation campaigns, 

22 cyber attacks, and nontraditional propaganda meas23 ures supported by the Government of the People’s 

24 Republic of China and the Chinese Communist 


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1 Party that are directed toward persons or entities in 

2 Taiwan. 

3 (b) ELEMENTS.—The strategy required under sub4 section (a) shall include— 

5 (1) the development of a response to propa6 ganda and disinformation campaigns by the People’s 

7 Republic of China and cyber-intrusions targeting 

8 Taiwan, including— 

9 (A) assistance in building the capacity of 

10 the Government of Taiwan and private-sector 

11 entities to document and expose propaganda 

12 and disinformation supported by the Govern13 ment of the People’s Republic of China, the 

14 Chinese Communist Party, or affiliated entities; 

15 (B) assistance to enhance the Government 

16 of Taiwan’s ability to develop a whole-of-govern17 ment strategy to respond to sharp power oper18 ations, including election interference; and 

19 (C) media training for Taiwan officials and 

20 other Taiwan entities targeted by 

21 disinformation campaigns; 

22 (2) the development of a response to political 

23 influence operations that includes an assessment of 

24 the extent of influence exerted by the Government of 

25 the People’s Republic of China and the Chinese 


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1 Communist Party in Taiwan on local political par2 ties, financial institutions, media organizations, and 

3 other entities; 

4 (3) support for exchanges and other technical 

5 assistance to strengthen the Taiwan legal system’s 

6 ability to respond to sharp power operations; and 

7 (4) the establishment of a coordinated partner8 ship, through the American Institute in Taiwan’s 

9 Global Cooperation and Training Framework, with 

10 like-minded governments to share data and best 

11 practices with the Government of Taiwan regarding 

12 ways to address sharp power operations supported 

13 by the Government of the People’s Republic of 

14 China and the Chinese Communist Party. 

15 SEC. 302. STRATEGY TO COUNTER ECONOMIC COERCION 

16 BY THE PEOPLE’S REPUBLIC OF CHINA TAR17 GETING COUNTRIES AND ENTITIES THAT 

18 SUPPORT TAIWAN. 

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

20 date of the enactment of this Act, and every 180 days 

21 thereafter for the following 5 years, the Secretary of State 

22 shall submit to the appropriate committees of Congress 

23 a description of the strategy being used by the Depart24 ment of State to respond to the Government of the Peo25 ple’s Republic of China’s increased economic coercion 


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1 against countries which have strengthened their ties with, 

2 or support for, Taiwan. 

3 (b) ASSISTANCE FOR COUNTRIES AND ENTITIES

4 TARGETED BY THE PEOPLE’S REPUBLIC OF CHINA FOR

5 ECONOMIC COERCION.—The Department of State, the 

6 United States Agency for International Development, the 

7 United States International Development Finance Cor8 poration, the Department of Commerce and the Depart9 ment of the Treasury shall provide appropriate assistance 

10 to countries and entities that are subject to trade restric11 tions and other forms of economic coercion by the People’s 

12 Republic of China to support its supply chain resilience 

13 and other economic measures in response to the trade re14 strictions imposed by China. 

15 TITLE IV—INCLUSION OF TAI16 WAN IN INTERNATIONAL OR17 GANIZATIONS 

18 SEC. 401. PARTICIPATION OF TAIWAN IN INTERNATIONAL 

19 ORGANIZATIONS. 

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

21 United States to promote Taiwan’s inclusion and mean22 ingful participation in meetings held by international orga23 nizations. 

24 (b) SUPPORT FOR MEANINGFUL PARTICIPATION.— 

25 The Permanent Representative of the United States to the 


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1 United Nations and other relevant United States officials 

2 should actively support Taiwan’s meaningful participation 

3 in all appropriate international organizations. 

4 (c) REPORT.—Not later than 90 days after the date 

5 of the enactment of this Act, the Secretary of State shall 

6 submit a report to the appropriate congressional commit7 tees that— 

8 (1) describes the People’s Republic of China’s 

9 efforts at the United Nations and other international 

10 bodies to block Taiwan’s meaningful participation 

11 and inclusion; and 

12 (2) recommends appropriate responses that 

13 should be taken by the United States to carry out 

14 the policy described in subsection (a). 

15 SEC. 402. PARTICIPATION OF TAIWAN IN THE INTER-AMER16 ICAN DEVELOPMENT BANK. 

17 It is the sense of Congress that— 

18 (1) the United States fully supports Taiwan’s 

19 participation in, and contribution to, international 

20 organizations and understands the importance of the 

21 relationship between Taiwan and the United States; 

22 (2) diversifying the donor base of the Inter23 American Development Bank (referred to in this 

24 title as the ‘‘IDB’’) and increasing ally engagement 


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1 in the Western Hemisphere reinforces United States 

2 national interests; 

3 (3) Taiwan’s significant contribution to the de4 velopment and economies of Latin America and the 

5 Caribbean demonstrate that Taiwan’s membership 

6 in the IDB as a non-borrowing member would ben7 efit the IDB and the entire Latin American and 

8 Caribbean region; and 

9 (4) non-borrowing membership in the IDB 

10 would allow Taiwan to substantially leverage and 

11 channel the immense resources Taiwan already pro12 vides to Latin America and the Caribbean to reach 

13 a larger number of beneficiaries. 

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

15 INTER-AMERICAN DEVELOPMENT BANK. 

16 The Secretary of State, in coordination with the Sec17 retary of the Treasury, is authorized— 

18 (1) to initiate a United States plan to endorse 

19 non-borrowing IDB membership for Taiwan; and 

20 (2) to instruct the United States Governor of 

21 the IDB to work with the IDB Board of Governors 

22 to admit Taiwan as a non-borrowing member of the 

23 IDB. 


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1 SEC. 404. REPORT CONCERNING MEMBER STATE STATUS 

2 FOR TAIWAN AT THE INTER-AMERICAN DE3 VELOPMENT BANK. 

4 Not later than 90 days after the date of the enact5 ment of this Act, and not later than April 1 of each year 

6 thereafter, the Secretary of State, in coordination with the 

7 Secretary of the Treasury, shall submit an unclassified re8 port to the Committee on Foreign Relations of the Senate 

9 and the Committee on Foreign Affairs of the House of 

10 Representatives that— 

11 (1) describes the United States plan to endorse 

12 and obtain non-borrowing membership status for 

13 Taiwan at the IDB; 

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

15 the Secretary of State and the Secretary of the 

16 Treasury to encourage IDB member states to pro17 mote Taiwan’s bid to obtain non-borrowing member18 ship at the IDB; and 

19 (3) identifies the steps that the Secretary of 

20 State and the Secretary of the Treasury will take to 

21 endorse and obtain non-borrowing membership sta22 tus for Taiwan at the IDB in the following year. 


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1 SEC. 405. CLARIFICATION REGARDING UNITED NATIONS 

2 GENERAL ASSEMBLY RESOLUTION 2758 

3 (XXVI). 

4 Section 2(a) of the Taiwan Allies International Pro5 tection and Enhancement Initiative (TAIPEI) Act of 2019 

6 (Public Law 116–135) (relating to diplomatic relations 

7 with Taiwan) is amended by adding at the end the fol8 lowing: 

9 ‘‘(10) United Nations General Assembly Reso10 lution 2758 (1971)— 

11 ‘‘(A) established the representatives of the 

12 Government of the People’s Republic of China 

13 as the only lawful representatives of China to 

14 the United Nations; 

15 ‘‘(B) did not address the issue of represen16 tation of Taiwan and its people in the United 

17 Nations or in any related organizations; and 

18 ‘‘(C) did not take a position on the rela19 tionship between the People’s Republic of China 

20 and Taiwan or include any statement pertaining 

21 to Taiwan’s sovereignty. 

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

23 that seeks to change Taiwan’s status without the 

24 consent of the people of Taiwan.’’. 


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1 TITLE V—ENHANCED DEVELOP2 MENT AND ECONOMIC CO3 OPERATION BETWEEN THE 

4 UNITED STATES AND TAIWAN 

5 SEC. 501. FINDINGS. 

6 Congress makes the following findings: 

7 (1) Taiwan has been an important trading part8 ner of the United States for many years, accounting 

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

10 (2) Taiwan has demonstrated the capacity to 

11 hold a strong economic partnership with the United 

12 States. Along with a robust trading profile of goods 

13 and services, Taiwan supports an estimated 208,000 

14 American jobs, a number that will only increase with 

15 a comprehensive bilateral trade agreement. 

16 (3) In addition to supplementing United States 

17 goods and services, Taiwan is a reliable partner in 

18 many of our Nation’s industries, which is not only 

19 critical for diversifying our Nation’s supply chains, 

20 but is also essential to reducing our Nation’s reli21 ance on other countries, such as China, who seek to 

22 leverage supply chain inefficiencies in their path to 

23 regional and global dominance. Such diversification 

24 of our Nation’s supply chain is critical to United 

25 States national security. 


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1 (4) The challenges to establishing an agreement 

2 with Taiwan, such as reaching an agreement on ag3 ricultural standards, will not prevent the completion 

4 of a bilateral trade agreement. Taiwan has already 

5 taken steps to further the progress towards such an 

6 agreement by announcing its intent to lift their re7 strictions on United States pork and beef products, 

8 which will greatly increase the accessibility of Amer9 ican farmers and ranchers to Taiwan markets. In 

10 light of this important development, the United 

11 States should immediately move forward with sub12 stantial negotiations for a comprehensive bilateral 

13 trade agreement with Taiwan. 

14 (5) A free and open Indo-Pacific is a goal that 

15 needs to be actively pursued to counter China’s use 

16 of unfair trading practices and other policies to ad17 vance its economic dominance in the Indo-Pacific re18 gion. An agreement with Taiwan would— 

19 (A) help the United States accomplish this 

20 goal by building a network of like-minded gov21 ernments dedicated to fair competition and 

22 open markets that are free from government 

23 manipulation; and 


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1 (B) serve as a signal to other nations that 

2 Taiwan is a viable partner that is open for busi3 ness. 

4 (6) Since November 2020, Taiwan and the 

5 United States have engaged in the U.S.-Taiwan Eco6 nomic Prosperity Partnership Dialogue, covering a 

7 broad range of economic issues including— 

8 (A) 5G networks and telecommunications 

9 security; 

10 (B) supply chains resiliency; 

11 (C) infrastructure cooperation; 

12 (D) renewable energy; 

13 (E) global heath; and 

14 (F) science and technology. 

15 (7) A trade agreement between the United 

16 States and Taiwan would promote security and eco17 nomic growth for the United States, Taiwan, and 

18 the entire Indo-Pacific region. 

19 (8) Leaving Taiwan out of the conversation on 

20 Indo-Pacific Economic Framework would— 

21 (A) create significant distortions for the 

22 structure of the regional and global economic 

23 architecture; and 

24 (B) run counter to the United States eco25 nomic interests. 


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1 SEC. 502. SENSE OF CONGRESS ON A FREE TRADE AGREE2 MENT WITH TAIWAN, THE INDO-PACIFIC ECO3 NOMIC FRAMEWORK, AND CBP 

4 PRECLEARANCE. 

5 It is the sense of Congress that— 

6 (1) the United States Trade Representative 

7 should resume meetings under the United States 

8 and Taiwan Trade and Investment Framework 

9 Agreement with the goal of reaching a bilateral free 

10 trade agreement with Taiwan; 

11 (2) the United States Trade Representative and 

12 the Secretary of Commerce should undertake efforts 

13 to assure Taiwan’s engagement and participation in 

14 the Indo-Pacific Economic Framework; and 

15 (3) the United States should utilize and expand 

16 Preclearance programs to meet the needs of the 

17 United States travel and tourism industry, including 

18 by prioritizing the establishment of Preclearance fa19 cilities with Indo-Pacific allies and partners, includ20 ing Taiwan. 


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1 TITLE VI—SUPPORTING UNITED 

2 STATES EDUCATIONAL AND 

3 EXCHANGE PROGRAMS WITH 

4 TAIWAN 

5 SEC. 601. SHORT TITLE. 

6 This title may be cited as the ‘‘Taiwan Fellowship 

7 Act’’. 

8 SEC. 602. FINDINGS. 

9 Congress makes the following findings: 

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

11 8; 22 U.S.C. 3301 et seq.) affirmed United States 

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

13 friendly commercial, cultural, and other relations be14 tween the people of the United States and the people 

15 on Taiwan, as well as the people on the China main16 land and all other peoples of the Western Pacific 

17 area’’. 

18 (2) Consistent with the Asia Reassurance Ini19 tiative Act of 2018 (Public Law 115–409), the 

20 United States has grown its strategic partnership 

21 with Taiwan’s vibrant democracy of 23,000,000 peo22 ple. 

23 (3) Despite a concerted campaign by the Peo24 ple’s Republic of China to isolate Taiwan from its 

25 diplomatic partners and from international organizaVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 tions, including the World Health Organization, Tai2 wan has emerged as a global leader in the 

3 coronavirus global pandemic response, including by 

4 donating more than 2,000,000 surgical masks and 

5 other medical equipment to the United States. 

6 (4) The creation of a United States fellowship 

7 program with Taiwan would support a key priority 

8 of expanding people-to-people exchanges, which was 

9 outlined in the President’s 2017 National Security 

10 Strategy. 

11 SEC. 603. PURPOSES. 

12 The purposes of this title are— 

13 (1) to further strengthen the United States-Tai14 wan strategic partnership and broaden under15 standing of the Indo-Pacific region by temporarily 

16 assigning officials of any branch of the United 

17 States Government to Taiwan for intensive study in 

18 Mandarin and placement as Fellows with the gov19 erning authorities on Taiwan or a Taiwanese civic 

20 institution; 

21 (2) to provide for eligible United States per22 sonnel— 

23 (A) to learn or strengthen Mandarin Chi24 nese language skills; and 


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1 (B) to expand their understanding of the 

2 political economy of Taiwan and the Indo-Pa3 cific region; and 

4 (3) to better position the United States to ad5 vance its economic, security, and human rights in6 terests and values in the Indo-Pacific region. 

7 SEC. 604. DEFINITIONS. 

8 In this title: 

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

10 means— 

11 (A) with respect to the executive branch of 

12 United States Government or an agency of the 

13 legislative branch other than the Senate or the 

14 House of Representatives, the head of the re15 spective agency; 

16 (B) with respect to the judicial branch of 

17 United States Government, the chief judge of 

18 the respective court; 

19 (C) with respect to the Senate, the Presi20 dent pro tempore, in consultation with the ma21 jority leader and the minority leader of the Sen22 ate; and 

23 (D) with respect to the House of Rep24 resentatives, the Speaker of the House, in conVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 sultation with the majority leader and the mi2 nority leader of the House of Representatives. 

3 (2) AGENCY OF THE UNITED STATES GOVERN4 MENT.—The term ‘‘agency of the United States 

5 Government’’ includes— 

6 (A) any agency of the legislative branch; 

7 (B) any court of the judicial branch; and 

8 (C) any agency of the executive branch. 

9 (3) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Foreign Relations of 

13 the Senate; 

14 (B) the Committee on Appropriations of 

15 the Senate; 

16 (C) the Committee on Foreign Affairs of 

17 the House of Representatives; and 

18 (D) the Committee on Appropriations of 

19 the House of Representatives. 

20 (4) DETAILEE.—The term ‘‘detailee’’— 

21 (A) means an employee of a branch of the 

22 United States Government who is on loan to 

23 the American Institute in Taiwan, without a 

24 change of position from the agency at which he 

25 or she is employed; and 


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1 (B) does not include employees of the leg2 islative branch, who may separate from their 

3 branch in order to fulfill the terms of their fel4 lowship pursuant to section 607(g). 

5 (5) IMPLEMENTING PARTNER.—The term ‘‘im6 plementing partner’’ means any United States orga7 nization described in 501(c)(3) of the Internal Rev8 enue Code of 1986 that— 

9 (A) performs logistical, administrative, and 

10 other functions, as determined by the Depart11 ment of State and the American Institute of 

12 Taiwan in support of the Taiwan Fellowship 

13 Program; and 

14 (B) enters into a cooperative agreement 

15 with the American Institute in Taiwan to ad16 minister the Taiwan Fellowship Program. 

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

18 the Taiwan Fellowship Program established pursu19 ant to section 605. 

20 SEC. 605. TAIWAN FELLOWSHIP PROGRAM. 

21 (a) ESTABLISHMENT.—The Secretary of State— 

22 (1) shall establish the Taiwan Fellowship Pro23 gram to provide eligible United States citizens with 

24 fellowship opportunities in Taiwan lasting up to 2 

25 years; and 


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1 (2) may modify the name of the Program, in 

2 consultation with the American Institute in Taiwan 

3 and the implementing partner. 

4 (b) GRANTS.— 

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

6 Taiwan should use amounts appropriated pursuant 

7 to section 608(a) to provide annual or multi-year 

8 grants to an appropriate implementing partner. 

9 (2) FELLOWSHIPS.—The Secretary of State, in 

10 consultation with the American Institute in Taiwan 

11 and, as appropriate, the implementing partner, sub12 ject to available funding, should award to eligible 

13 United States citizens— 

14 (A) not fewer than 5 fellowships during 

15 each of the first 2 years of the Program; and 

16 (B) not fewer than 10 fellowships during 

17 each of the remaining years of the Program. 

18 (c) INTERNATIONAL AGREEMENT; IMPLEMENTING

19 PARTNER.—Not later than 30 days after the date of the 

20 enactment of this Act, the American Institute in Taiwan, 

21 in consultation with the Secretary of State, should— 

22 (1) begin negotiations with the Taipei Economic 

23 and Cultural Representative Office, or with another 

24 appropriate entity, for the purpose of entering into 

25 an agreement to facilitate the placement of fellows 


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1 in an agency of the governing authorities on Taiwan; 

2 and 

3 (2) begin the process of selecting an imple4 menting partner, which— 

5 (A) shall agree to meet all of the legal re6 quirements required to operate in Taiwan; and 

7 (B) shall be composed of staff who dem8 onstrate significant experience managing ex9 change programs in the Indo-Pacific region. 

10 (d) CURRICULUM.— 

11 (1) FIRST YEAR.—During the first year of each 

12 fellowship under this section, each fellow should 

13 study— 

14 (A) the Mandarin Chinese language; 

15 (B) the people, history, and political cli16 mate on Taiwan; and 

17 (C) the issues affecting the relationship be18 tween the United States and the Indo-Pacific 

19 region. 

20 (2) SECOND YEAR.—During the second year of 

21 each fellowship under this section, each fellow, sub22 ject to the approval of the Secretary of State, the 

23 American Institute in Taiwan, and the implementing 

24 partner, and in accordance with the purposes of this 

25 title, shall work in— 


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1 (A) a parliamentary office, ministry, or 

2 other agency of the governing authorities on 

3 Taiwan; or 

4 (B) an organization outside of the gov5 erning authorities on Taiwan, whose interests 

6 are associated with the interests of the fellow 

7 and the agency of the United States Govern8 ment from which the fellow had been employed. 

9 (e) FLEXIBLE FELLOWSHIP DURATION.—Notwith10 standing any requirement under this section, the Sec11 retary of State, in consultation with the American Insti12 tute in Taiwan and, as appropriate, the implementing 

13 partner, may alter the curriculum requirements under 

14 subsection (d) for fellows whose placement in a parliamen15 tary office, ministry, or other agency of the governing au16 thorities on Taiwan is for a period shorter than 2 years. 

17 (f) PROGRAM REQUIREMENTS.— 

18 (1) ELIGIBILITY REQUIREMENTS.—A United 

19 States citizen is eligible for a fellowship under this 

20 section if he or she— 

21 (A) is an employee of the United States 

22 Government; 

23 (B) has at least 2 years of experience in 

24 any branch of the United States Government; 


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1 (C) has a demonstrated professional or 

2 educational background in the relationship be3 tween the United States and countries in the 

4 Indo-Pacific region; and 

5 (D) has demonstrated his or her commit6 ment to further service in the United States 

7 Government. 

8 (2) RESPONSIBILITIES OF FELLOWS.—Each re9 cipient of a fellowship under this section shall agree, 

10 as a condition of such fellowship— 

11 (A) to maintain satisfactory progress in 

12 language training and appropriate behavior in 

13 Taiwan, as determined by the Department of 

14 State, the American Institute in Taiwan and, as 

15 appropriate, its implementing partner; 

16 (B) to refrain from engaging in any intel17 ligence or intelligence-related activity on behalf 

18 of the United States Government; and 

19 (C) to continue Federal Government em20 ployment for a period of not shorter than 4 

21 years after the conclusion of the fellowship or 

22 for not shorter than 2 years for a fellowship 

23 that is 1 year or shorter. 

24 (3) RESPONSIBILITIES OF IMPLEMENTING

25 PARTNER.— 


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1 (A) SELECTION OF FELLOWS.—The imple2 menting partner, in close coordination with the 

3 Department of State and the American Insti4 tute in Taiwan, shall— 

5 (i) make efforts to recruit fellowship 

6 candidates who reflect the diversity of the 

7 United States; 

8 (ii) select fellows for the Taiwan Fel9 lowship Program based solely on merit, 

10 with appropriate supervision from the De11 partment of State and the American Insti12 tute in Taiwan; and 

13 (iii) prioritize the selection of can14 didates willing to serve a fellowship lasting 

15 1 year or longer. 

16 (B) FIRST YEAR.—The implementing part17 ner should provide each fellow in the first year 

18 (or shorter duration, as jointly determined by 

19 the Department of State and the American In20 stitute in Taiwan for those who are not serving 

21 a 2-year fellowship) with— 

22 (i) intensive Mandarin Chinese lan23 guage training; and 


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1 (ii) courses in the political economy of 

2 Taiwan, China, and the broader Indo-Pa3 cific. 

4 (C) WAIVER OF REQUIRED TRAINING.— 

5 The Department of State, in coordination with 

6 the American Institute in Taiwan and, as ap7 propriate, the implementing partner, may waive 

8 any of the training required under paragraph 

9 (2) to the extent that a fellow has Mandarin 

10 language skills, knowledge of the topic de11 scribed in paragraph (2)(B), or for other re12 lated reasons approved by the Department of 

13 State and the American Institute in Taiwan. If 

14 any of the training requirements are waived for 

15 a fellow serving a 2-year fellowship, the training 

16 portion of his or her fellowship may be short17 ened to the extent appropriate. 

18 (D) OFFICE; STAFFING.—The imple19 menting partner, in consultation with the De20 partment of State and the American Institute 

21 in Taiwan, shall maintain an office and at least 

22 1 full-time staff member in Taiwan— 

23 (i) to liaise with the American Insti24 tute in Taiwan and the governing authori25 ties on Taiwan; and 


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1 (ii) to serve as the primary in-country 

2 point of contact for the recipients of fellow3 ships under this Act and their dependents. 

4 (E) OTHER FUNCTIONS.—The imple5 menting partner shall perform other functions 

6 in association in support of the Taiwan Fellow7 ship Program, including logistical and adminis8 trative functions, as prescribed by the Depart9 ment of State and the American Institute in 

10 Taiwan. 

11 (4) NONCOMPLIANCE.— 

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

13 comply with the requirements under this section 

14 shall reimburse the American Institute in Tai15 wan for— 

16 (i) the Federal funds expended for the 

17 fellow’s participation in the fellowship, as 

18 set forth in paragraphs (2) and (3); and 

19 (ii) interest accrued on such funds 

20 (calculated at the prevailing rate). 

21 (B) FULL REIMBURSEMENT.—Any fellow 

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

23 (b) shall reimburse the American Institute in 

24 Taiwan in an amount equal to the sum of— 


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1 (i) all of the Federal funds expended 

2 for the fellow’s participation in the fellow3 ship; and 

4 (ii) interest on the amount specified in 

5 subparagraph (A), which shall be cal6 culated at the prevailing rate. 

7 (C) PRO RATA REIMBURSEMENT.—Any fel8 low who violates subsection (b)(3) shall reim9 burse the American Institute in Taiwan in an 

10 amount equal to the difference between— 

11 (i) the amount specified in paragraph 

12 (2); and 

13 (ii) the product of— 

14 (I) the amount the fellow re15 ceived in compensation during the 

16 final year of the fellowship, including 

17 the value of any allowances and bene18 fits received by the fellow; multiplied 

19 by 

20 (II) the percentage of the period 

21 specified in subsection (b)(3) during 

22 which the fellow did not remain em23 ployed by the Federal Government. 


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1 SEC. 606. REPORTS AND AUDITS. 

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

3 the selection of the first class of fellows under this title, 

4 and annually thereafter, the Department of State shall 

5 offer to brief the appropriate congressional committees re6 garding the following issues: 

7 (1) An assessment of the performance of the 

8 implementing partner in fulfilling the purposes of 

9 this Act. 

10 (2) The names and sponsoring agencies of the 

11 fellows selected by the implementing partner and the 

12 extent to which such fellows represent the diversity 

13 of the United States. 

14 (3) The names of the parliamentary offices, 

15 ministries, other agencies of the governing authori16 ties on Taiwan, and nongovernmental institutions to 

17 which each fellow was assigned during the second 

18 year of the fellowship. 

19 (4) Any recommendations, as appropriate, to 

20 improve the implementation of the Taiwan Fellows 

21 Program, including added flexibilities in the admin22 istration of the program. 

23 (5) An assessment of the Taiwan Fellows Pro24 gram’s value upon the relationship between the 

25 United States and Taiwan or the United States and 

26 Asian countries. 


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1 (b) ANNUAL FINANCIAL AUDIT.— 

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

3 implementing partner shall be audited annually in 

4 accordance with generally accepted auditing stand5 ards by independent certified public accountants or 

6 independent licensed public accountants who are cer7 tified or licensed by a regulatory authority of a State 

8 or another political subdivision of the United States. 

9 (2) LOCATION.—Each audit under paragraph 

10 (1) shall be conducted at the place or places where 

11 the financial records of the implementing partner 

12 are normally kept. 

13 (3) ACCESS TO DOCUMENTS.—The imple14 menting partner shall make available to the account15 ants conducting an audit under paragraph (1)— 

16 (A) all books, financial records, files, other 

17 papers, things, and property belonging to, or in 

18 use by, the implementing partner that are nec19 essary to facilitate the audit; and 

20 (B) full facilities for verifying transactions 

21 with the balances or securities held by deposi22 tories, fiscal agents, and custodians. 

23 (4) REPORT.— 

24 (A) IN GENERAL.—Not later than 6 

25 months after the end of each fiscal year, the 


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1 implementing partner shall provide a report 

2 containing the findings of the audit conducted 

3 for such fiscal year pursuant to paragraph (1) 

4 to the Secretary of State and the American In5 stitute in Taiwan. 

6 (B) CONTENTS.—Each audit report under 

7 subparagraph (A) shall— 

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

9 (ii) include such statements, along 

10 with the auditor’s opinion of those state11 ments, as may be necessary to present fair12 ly the implementing partner’s assets and 

13 liabilities, surplus or deficit, with reason14 able detail; 

15 (iii) include a statement of the imple16 menting partner’s income and expenses 

17 during the year; and 

18 (iv) include a schedule of— 

19 (I) all contracts and grants re20 quiring payments greater than 

21 $5,000; and 

22 (II) any payments of compensa23 tion, salaries, or fees at a rate greater 

24 than $5,000 per year. 


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1 (C) COPIES.—Each audit report under 

2 subparagraph (A) shall be produced in suffi3 cient copies for distribution to the public. 

4 SEC. 607. TAIWAN FELLOWS ON DETAIL FROM GOVERN5 MENT SERVICE. 

6 (a) IN GENERAL.— 

7 (1) DETAIL AUTHORIZED.—With the approval 

8 of the Secretary of State, an agency head may de9 tail, for a period of not more than 2 years, an em10 ployee of the agency of the United States Govern11 ment who has been awarded a fellowship under this 

12 title, to the American Institute in Taiwan for the 

13 purpose of assignment to the governing authorities 

14 on Taiwan or an organization described in section 

15 605(d)(2)(B). 

16 (2) AGREEMENT.—Each detailee or legislative 

17 branch employee who separates from service of the 

18 sponsoring agency shall enter into a written agree19 ment with the Federal Government before receiving 

20 a fellowship, in which the fellow shall agree— 

21 (A) to continue in the service of the spon22 soring agency at the end of fellowship for a pe23 riod of at least 4 years (or at least 2 years if 

24 the fellowship duration is 1 year or shorter) unVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 less the detailee is involuntarily separated from 

2 the service of such agency; and 

3 (B) to pay to the American Institute in 

4 Taiwan any additional expenses incurred by the 

5 Federal Government in connection with the fel6 lowship if the detailee voluntarily separates 

7 from service with the sponsoring agency before 

8 the end of the period for which the detailee has 

9 agreed to continue in the service of such agen10 cy. 

11 (3) EXCEPTION.—The payment agreed to under 

12 paragraph (2)(B) may not be required from— 

13 (A) a detailee who leaves the service of the 

14 sponsoring agency to enter into the service of 

15 another agency of the United States Govern16 ment unless the head of the sponsoring agency 

17 notifies the detailee before the effective date of 

18 entry into the service of the other agency that 

19 payment will be required under this subsection; 

20 or 

21 (B) a legislative branch employee who sep22 arates from service of such agency to partici23 pate in the fellowship. 

24 (b) STATUS AS GOVERNMENT EMPLOYEE.—A 

25 detailee— 


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1 (1) is deemed, for the purpose of preserving al2 lowances, privileges, rights, seniority, and other ben3 efits, to be an employee of the sponsoring agency; 

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

5 from funds available to such agency, which is 

6 deemed to comply with section 5536 of title 5, 

7 United States Code; and 

8 (3) may be assigned to a position with an entity 

9 described in section 605(d)(2)(A) if acceptance of 

10 such position does not involve— 

11 (A) the taking of an oath of allegiance to 

12 another government; or 

13 (B) the acceptance of compensation or 

14 other benefits from any foreign government by 

15 such detailee. 

16 (c) RESPONSIBILITIES OF SPONSORING AGENCY.— 

17 (1) IN GENERAL.—The Federal agency from 

18 which a detailee is detailed should provide the fellow 

19 allowances and benefits that are consistent with De20 partment of State Standardized Regulations or other 

21 applicable rules and regulations, including— 

22 (A) a living quarters allowance to cover the 

23 cost of housing in Taiwan; 

24 (B) a cost of living allowance to cover any 

25 possible higher costs of living in Taiwan; 


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1 (C) a temporary quarters subsistence al2 lowance for up to 7 days if the fellow is unable 

3 to find housing immediately upon arriving in 

4 Taiwan; 

5 (D) an education allowance to assist par6 ents in providing the fellow’s minor children 

7 with educational services ordinarily provided 

8 without charge by public schools in the United 

9 States; 

10 (E) moving expenses to transport personal 

11 belongings of the fellow and his or her family 

12 in their move to Taiwan, which is comparable 

13 to the allowance given for American Institute in 

14 Taiwan employees assigned to Taiwan; and 

15 (F) an economy-class airline ticket to and 

16 from Taiwan for each fellow and the fellow’s 

17 immediate family. 

18 (2) MODIFICATION OF BENEFITS.—The Amer19 ican Institute in Taiwan and its implementing part20 ner, with the approval of the Secretary of State, may 

21 modify the benefits set forth in paragraph (1) if 

22 such modification is warranted by fiscal cir23 cumstances. 

24 (d) NO FINANCIAL LIABILITY.—The American Insti25 tute in Taiwan, the implementing partner, and any govVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 erning authorities on Taiwan or nongovernmental entities 

2 in Taiwan at which a fellow is detailed during the second 

3 year of the fellowship may not be held responsible for the 

4 pay, allowances, or any other benefit normally provided 

5 to the detailee. 

6 (e) REIMBURSEMENT.—Fellows may be detailed 

7 under subsection (a)(1) without reimbursement to the 

8 United States by the American Institute in Taiwan. 

9 (f) ALLOWANCES AND BENEFITS.—Detailees and 

10 legislative branch fellows who separate from service to par11 ticipate in the fellowship may be paid by the American 

12 Institute in Taiwan for the allowances and benefits listed 

13 in subsection (c). 

14 (g) SEPARATION OF LEGISLATIVE BRANCH PER15 SONNEL DURING THE FELLOWSHIPS.— 

16 (1) IN GENERAL.—Under such terms and con17 ditions as the agency head may direct, a legislative 

18 branch agency of the United States Government 

19 may separate from Government service for a speci20 fied period any officer or employee of such agency 

21 who accepts a fellowship under the Taiwan Fellow22 ship Program and is not a detailee under subsection 

23 (a). 

24 (2) RIGHTS AND BENEFITS.— 


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1 (A) IN GENERAL.—Notwithstanding sec2 tion 8347(o), 8713, or 8914 of title 5, United 

3 States Code, and in accordance with regulations 

4 of the Office of Personnel Management, a legis5 lative branch employee, while serving as a fellow 

6 who is not a detailee under subsection (a), is 

7 entitled to the rights and benefits described in 

8 subsections (a) and (d) of section 3582 of title 

9 5, United States Code. 

10 (B) REIMBURSEMENT.—The American In11 stitute in Taiwan shall reimburse the employing 

12 agency for any costs incurred for fellows under 

13 subsections (a) and (d) of section 3582 of title 

14 5, United States Code, during a fellowship 

15 under this title and may provide any other pay 

16 or allowances to such fellows. 

17 SEC. 608. FUNDING. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the American Insti20 tute in Taiwan— 

21 (1) for fiscal year 2023, $2,900,000, of which— 

22 (A) $500,000 shall be used to launch the 

23 Taiwan Fellowship Program through the 

24 issuance of a competitive grant to an appro25 priate implementing partner; 


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1 (B) $2,300,000 shall be used for a grant 

2 to the appropriate implementing partner; and 

3 (C) $100,000 shall be used for manage4 ment expenses of the American Institute in Tai5 wan related to the management of the Taiwan 

6 Fellowship Program; and 

7 (2) for fiscal year 2023, and each succeeding 

8 fiscal year, $2,400,000, of which— 

9 (A) $2,300,000 shall be used for a grant 

10 to the appropriate implementing partner; and 

11 (B) $100,000 shall be used for manage12 ment expenses of the American Institute in Tai13 wan related to the management of the Taiwan 

14 Fellowship Program. 

15 (b) PRIVATE SOURCES.—The implementing partner 

16 selected to implement the Taiwan Fellowship Program 

17 may accept, use, and dispose of gifts or donations of serv18 ices or property in carrying out such program, subject to 

19 the review and approval of the American Institute in Tai20 wan. 

21 SEC. 609. SUPPORTING UNITED STATES EDUCATIONAL AND 

22 EXCHANGE PROGRAMS WITH TAIWAN. 

23 (a) ESTABLISHMENT OF THE UNITED STATES-TAI24 WAN CULTURAL EXCHANGE FOUNDATION.—The SecVerDate Sep 11 2014 22:12 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S4428.IS S4428

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1 retary of State should consider establishing an inde2 pendent nonprofit entity that— 

3 (1) is dedicated to deepening ties between the 

4 future leaders of Taiwan and the future leaders of 

5 the United States; and 

6 (2) works with State and local school districts 

7 and educational institutions to send high school and 

8 university students to Taiwan to study the Chinese 

9 language, culture, history, politics, and other rel10 evant subjects. 

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

12 educational institutions, including public universities, are 

13 encouraged to partner with the Taipei Economic and Cul14 tural Representative Office in the United States to estab15 lish programs to promote more educational and cultural 

16 exchanges. 

17 TITLE VII—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 701. INVITATION OF TAIWANESE COUNTERPARTS TO 

20 HIGH-LEVEL BILATERAL AND MULTILATERAL 

21 FORUMS AND EXERCISES. 

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

23 United States to invite Taiwanese counterparts to partici24 pate in high-level bilateral and multilateral summits, mili25 tary exercises, and economic dialogues and forums. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the United States Government should invite 

4 Taiwan to regional dialogues on issues of mutual 

5 concern; 

6 (2) the United States Government and Tai7 wanese counterparts should resume meetings under 

8 the United States-Taiwan Trade and Investment 

9 Framework Agreement and reach a bilateral free 

10 trade agreement; 

11 (3) the United States Government should invite 

12 Taiwan to participate in bilateral and multilateral 

13 military training exercises; 

14 (4) the United States Government and Tai15 wanese counterparts should engage in a regular and 

16 routine strategic bilateral dialogue on arms sales in 

17 accordance with Foreign Military Sales mechanisms; 

18 and 

19 (5) the United States Government should sup20 port export licenses for direct commercial sales sup21 porting Taiwan’s indigenous defensive capabilities. 

22 SEC. 702. REPORT ON TAIWAN TRAVEL ACT. 

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

24 180 days after the date of the enactment of this Act, and 

25 annually thereafter, the Secretary of State, in accordance 


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1 with the Taiwan Travel Act (Public Law 115–135), shall 

2 submit to the appropriate congressional committees— 

3 (1) a list of high-level officials from the United 

4 States Government who have traveled to Taiwan; 

5 and 

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

7 have entered the United States. 

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

9 the date of the enactment of this Act, and annually there10 after, the Secretary of State shall submit a report on the 

11 implementation of the Taiwan Travel Act to the appro12 priate congressional committees. 

13 SEC. 703. PROHIBITIONS AGAINST UNDERMINING UNITED 

14 STATES POLICY REGARDING TAIWAN. 

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

16 Government of the People’s Republic of China and the 

17 Chinese Communist Party to compel private United States 

18 businesses, corporations, and nongovernmental entities to 

19 use language mandated by the People’s Republic of China 

20 (referred to in this section as the ‘‘PRC’’) to describe the 

21 relationship between Taiwan and the PRC are an illegit22 imate attempt to enforce political censorship globally. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the United States Government, in coordination 

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1 ties, should formulate a code of conduct for, and otherwise 

2 coordinate on, interacting with the Government of the 

3 PRC and the Chinese Communist Party and their affili4 ated entities, the aim of which is— 

5 (1) to counter PRC operations that threaten 

6 free speech, academic freedom, and the normal oper7 ations of United States businesses and nongovern8 mental entities; and 

9 (2) to counter PRC efforts to censor the way 

10 the world refers to issues deemed sensitive to the 

11 PRC Government and Chinese Communist Party 

12 leaders, including issues related to Taiwan, Tibet, 

13 the Tiananmen Square Massacre, and the mass in14 ternment of Uyghurs and other Turkic Muslims, 

15 among many other issues. 

16 (c) PROHIBITION AGAINST RECOGNIZING THE PEO17 PLE’S REPUBLIC OF CHINA’S CLAIMS TO SOVEREIGNTY

18 OVER TAIWAN.— 

19 (1) SENSE OF CONGRESS.—It is the sense of 

20 Congress that— 

21 (A) issues related to the sovereignty of 

22 Taiwan are for the people of Taiwan to decide 

23 through the democratic process they have estab24 lished; 


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1 (B) the dispute between the PRC and Tai2 wan must be resolved peacefully and with the 

3 assent of the people of Taiwan; 

4 (C) the 2 key obstacles to peaceful resolu5 tion are— 

6 (i) the authoritarian nature of the 

7 PRC political system under one-party rule 

8 of the Chinese Communist Party, which is 

9 fundamentally incompatible with Taiwan’s 

10 democracy; and 

11 (ii) the PRC’s pursuit of coercion and 

12 aggression towards Taiwan, in potential 

13 violation of the third United States-PRC 

14 Joint Communique ́, which was completed 

15 on August 17, 1982; and 

16 (D) any attempt to coerce or force the peo17 ple of Taiwan to accept a political arrangement 

18 that would subject them to direct or indirect 

19 rule by the PRC, including a ‘‘one country, two 

20 systems’’ framework, would constitute a grave 

21 challenge to United States security interests in 

22 the region. 

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

24 the United States to oppose any attempt by the 


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1 PRC authorities to unilaterally impose a timetable 

2 or deadline for unification on Taiwan. 

3 (3) PROHIBITION ON RECOGNITION OF PRC

4 CLAIMS WITHOUT THE ASSENT OF PEOPLE OF TAI5 WAN.—No department or agency of the United 

6 States Government may formally or informally rec7 ognize PRC claims to sovereignty over Taiwan with8 out the assent of the people of Taiwan, as expressed 

9 directly through the democratic process. 

10 (4) TREATMENT OF GOVERNMENT OF TAI11 WAN.— 

12 (A) IN GENERAL.—The Department of 

13 State and other United States Government 

14 agencies shall— 

15 (i) treat the democratically elected 

16 government of Taiwan as the legitimate 

17 representative of the people of Taiwan; and 

18 (ii) end the outdated practice of refer19 ring to the Government in Taiwan as the 

20 ‘‘authorities’’. 

21 (B) NO RESTRICTIONS.—Notwithstanding 

22 the continued supporting role of the American 

23 Institute in Taiwan in carrying out United 

24 States foreign policy and protecting United 

25 States interests in Taiwan, the United States 


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1 Government may not place any undue restric2 tions on the ability of officials of the Depart3 ment of State and other United States Govern4 ment agencies from interacting directly and 

5 routinely with counterparts in the Taiwan gov6 ernment. 

7 (C) RULE OF CONSTRUCTION.—Nothing in 

8 this paragraph may be construed as— 

9 (i) restoring diplomatic relations with 

10 the Republic of China (Taiwan), which 

11 were terminated on January 1, 1979; or 

12 (ii) altering the United States Govern13 ment’s position on Taiwan’s international 

14 status. 

15 (d) STRATEGY TO PROTECT UNITED STATES BUSI16 NESSES AND NONGOVERNMENTAL ENTITIES FROM COER17 CION.— 

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

19 the date of the enactment of this Act, the Secretary 

20 of State, in consultation with the Secretary of Com21 merce, the Secretary of the Treasury, and the heads 

22 of other relevant Federal agencies, shall submit an 

23 unclassified report, with a classified annex, if nec24 essary, on how to protect United States businesses 

25 and nongovernmental entities from PRC operations, 


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1 including coercion and threats that lead to censor2 ship or self-censorship, or which compel compliance 

3 with political or foreign policy positions of the Gov4 ernment of the People’s Republic of China and the 

5 Chinese Communist Party. 

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

7 (A) information regarding efforts by the 

8 PRC Government to censor the websites of 

9 United States airlines, hotels, and other busi10 nesses regarding the relationship between Tai11 wan and the PRC; 

12 (B) information regarding efforts by the 

13 PRC Government to target United States non14 governmental entities through operations in15 tended to weaken support for Taiwan; 

16 (C) information regarding United States 

17 Government efforts to counter the threats posed 

18 by Chinese state-sponsored propaganda and 

19 disinformation, including information on best 

20 practices, current successes, and existing bar21 riers to responding to such threat; and 

22 (D) details of any actions undertaken to 

23 create the code of conduct described in sub24 section (b), including a timetable for the imple25 mentation of such code of conduct. 


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1 TITLE VIII—SANCTIONS MEAS2 URES FOR CROSS-STRAIT 

3 STABILITY 

4 SEC. 801. DEFINITIONS. 

5 In this title: 

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

7 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 

8 meanings given such terms in section 101 of the Im9 migration and Nationality Act (8 U.S.C. 1101). 

10 (2) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Foreign Relations of 

14 the Senate; 

15 (B) the Committee on Banking, Housing, 

16 and Urban Affairs of the Senate; 

17 (C) the Committee on Foreign Affairs of 

18 the House of Representatives; and 

19 (D) the Committee on Financial Services 

20 of the House of Representatives. 

21 (3) CCP.—The term ‘‘CCP’’ means the Chinese 

22 Communist Party. 

23 (4) FINANCIAL INSTITUTION.—The term ‘‘fi24 nancial institution’’ means a financial institution 

25 specified in subparagraph (A), (B), (C), (D), (E), 


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1 (F), (G), (H), (I), (J), (M), or (Y) of section 

2 5312(a)(2) of title 31, United States Code. 

3 (5) FOREIGN FINANCIAL INSTITUTION.—The 

4 term ‘‘foreign financial institution’’ has the meaning 

5 given such term in regulations prescribed by the 

6 Secretary of the Treasury. 

7 (6) FOREIGN PERSON.—The term ‘‘foreign per8 son’’ means an individual or entity that is not a 

9 United States person. 

10 (7) KNOWINGLY.—The term ‘‘knowingly’’, with 

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

12 means that a person had actual knowledge, or 

13 should have known, of the conduct, the cir14 cumstance, or the result. 

15 (8) UNITED STATES PERSON.—The term 

16 ‘‘United States person’’ means— 

17 (A) a United States citizen or an alien law18 fully admitted for permanent residence to the 

19 United States; or 

20 (B) an entity organized under the laws of 

21 the United States or of any jurisdiction within 

22 the United States, including a foreign branch of 

23 such an entity. 


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1 SEC. 802. DETERMINATIONS WITH RESPECT TO ACTIVITIES 

2 OF THE PEOPLE’S REPUBLIC OF CHINA IM3 PACTING TAIWAN. 

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

5 accordance with subsection (b), whether— 

6 (1) the Government of the People’s Republic of 

7 China, including through any of its proxies, is know8 ingly engaged in a significant escalation in hostile 

9 action in or against Taiwan, compared to the level 

10 of hostile action in or against Taiwan before Decem11 ber 1, 2021; and 

12 (2) if such engagement exists, whether such es13 calation has the significant effect of— 

14 (A) undermining, overthrowing, or disman15 tling the governing institutions in Taiwan; 

16 (B) occupying the territory of Taiwan; or 

17 (C) interfering with the territorial integrity 

18 of Taiwan. 

19 (b) TIMING OF DETERMINATIONS.—The President 

20 shall make the determination described in subsection (a)— 

21 (1) not later than 15 days after the date of the 

22 enactment of this Act; 

23 (2) after the first determination under para24 graph (1), not less frequently than once every 90 

25 days (or more frequently, if warranted) during the 


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1 1-year period beginning on such date of enactment; 

2 and 

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

4 frequently than once every 120 days. 

5 (c) REPORT REQUIRED.—Upon making a determina6 tion described in subsection (a), the President shall submit 

7 a report describing the factors influencing such determina8 tion to— 

9 (1) the appropriate committees of Congress; 

10 (2) the Committee on Armed Services of the 

11 Senate; and 

12 (3) the Committee on Armed Services of the 

13 House of Representatives. 

14 SEC. 803. IMPOSITION OF SANCTIONS ON OFFICIALS OF 

15 THE GOVERNMENT OF THE PEOPLE’S REPUB16 LIC OF CHINA RELATING TO OPERATIONS IN 

17 TAIWAN. 

18 (a) IN GENERAL.—Not later than 60 days after mak19 ing an affirmative determination under section 802, the 

20 President shall, to the extent they can be identified, im21 pose the sanctions described in section 808 with respect 

22 to each of the officials specified in subsection (b). 

23 (b) OFFICIALS SPECIFIED.—The officials specified in 

24 this subsection are— 


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1 (1) the President of the People’s Republic of 

2 China; 

3 (2) the Premier of the People’s Republic of 

4 China; 

5 (3) the Foreign Minister of the People’s Repub6 lic of China; 

7 (4) members of the CCP Politburo Standing 

8 Committee; 

9 (5) members of the CCP Party Central Military 

10 Commission; 

11 (6) members of the CCP Politburo; 

12 (7) members of the CCP Central Committee; 

13 (8) members of the CCP National Congress; 

14 (9) members of the State Council of the Peo15 ple’s Republic of China; and 

16 (10) members of the State Central Military 

17 Commission of the CCP. 

18 (c) ADDITIONAL OFFICIALS.— 

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

20 after making an affirmative determination under 

21 section 802 and every 90 days thereafter, the Presi22 dent shall submit a list to the appropriate commit23 tees of Congress that identifies any foreign persons 

24 not specified in subsection (b) who the President de25 termines— 


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1 (A) are— 

2 (i) senior officials of any branch of 

3 the armed forces of the People’s Republic 

4 of China leading any of the operations de5 scribed in section 802; or 

6 (ii) senior officials of the Government 

7 of the People’s Republic of China, includ8 ing any intelligence agencies or security 

9 services of the People’s Republic of China, 

10 who have significant roles in planning or 

11 implementing such operations; and 

12 (B) with respect to which sanctions should 

13 be imposed in the interest of the national secu14 rity of the United States. 

15 (2) IMPOSITION OF SANCTIONS.—Upon the sub16 mission of each list required under paragraph (1), 

17 the President shall impose the sanctions described in 

18 section 808 with respect to each foreign person in19 cluded on the list. 

20 SEC. 804. IMPOSITION OF SANCTIONS WITH RESPECT TO FI21 NANCIAL INSTITUTIONS OF THE PEOPLE’S 

22 REPUBLIC OF CHINA. 

23 (a) IMPOSITION OF SANCTIONS.— 

24 (1) IN GENERAL.—Not later than 30 days after 

25 making an affirmative determination under section 


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1 802, the President shall impose the sanctions de2 scribed in section 808(a) with respect to 3 or more 

3 of the following financial institutions: 

4 (A) Industrial and Commercial Bank of 

5 China (ICBC). 

6 (B) China Construction Bank. 

7 (C) Bank of China. 

8 (D) Agricultural Bank of China. 

9 (E) Bank of Communications. 

10 (F) China Development Bank. 

11 (G) Postal Savings Bank of China 

12 (PSBC). 

13 (H) Industrial Bank Co., Ltd. 

14 (I) China CITIC Bank Corporation. 

15 (J) China Merchants Bank. 

16 (K) Export-Import Bank of China. 

17 (L) Shanghai Pudong Development Bank 

18 Co., Ltd. 

19 (M) China Everbright Bank Co., Ltd. 

20 (N) Hua Xia Bank. 

21 (O) Ping An Bank Co., Ltd. 

22 (2) SUBSIDIARIES AND SUCCESSOR ENTITIES.— 

23 The President may impose the sanctions described 

24 in section 808(a) with respect to any subsidiary of, 


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1 or successor entity to, a financial institution speci2 fied in paragraph (1). 

3 (b) ADDITIONAL PEOPLE’S REPUBLIC OF CHINA FI4 NANCIAL INSTITUTIONS.— 

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

6 after making an affirmative determination under 

7 section 802, and every 90 days thereafter, the Presi8 dent shall submit a list to the appropriate commit9 tees of Congress that identifies any foreign persons 

10 that the President determines— 

11 (A) are significant financial institutions 

12 owned or operated by the Government of the 

13 People’s Republic of China; and 

14 (B) should be sanctioned in the interest of 

15 United States national security. 

16 (2) IMPOSITION OF SANCTIONS.—Upon the sub17 mission of each list required under paragraph (1), 

18 the President shall impose the sanctions described in 

19 section 808(a) with respect to each foreign person 

20 identified on the list. 


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1 SEC. 805. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 PROVISION OF SPECIALIZED FINANCIAL MES3 SAGING SERVICES TO SANCTIONED PEOPLE’S 

4 REPUBLIC OF CHINA FINANCIAL INSTITU5 TIONS. 

6 (a) LIST OF PROVIDERS OF SPECIALIZED FINANCIAL

7 MESSAGING SERVICES TO PRC FINANCIAL INSTITU8 TIONS.—Not later than 60 days after making an affirma9 tive determination under section 802, and not later than 

10 30 days after the submission of any list of People’s Repub11 lic of China financial institutions under section 804(b)(1), 

12 the Secretary of State, in consultation with the Secretary 

13 of the Treasury, shall submit a list to the appropriate com14 mittees of Congress that identifies all known persons that 

15 provide specialized financial messaging services to, or that 

16 enable or facilitate access to such services for, any finan17 cial institution specified in section 804(a) or that is on 

18 the list required under section 804(b). 

19 (b) REPORT ON EFFORTS TO TERMINATE THE PRO20 VISION OF SPECIALIZED FINANCIAL MESSAGING SERV21 ICES FOR SANCTIONED PEOPLE’S REPUBLIC OF CHINA

22 FINANCIAL INSTITUTIONS.—Not later than 90 days after 

23 the imposition of any sanctions authorized under section 

24 804, and every 30 days thereafter, as necessary, the Sec25 retary of State, in consultation with the Secretary of the 


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1 Treasury, shall submit a report to the appropriate com2 mittees of Congress that— 

3 (1) describes the status of efforts to ensure that 

4 the termination of the provision of specialized finan5 cial messaging services to, and the enabling and fa6 cilitation of access to such services for, any financial 

7 institution against which sanctions are imposed pur8 suant to section 804; and 

9 (2) identifies any other provider of specialized 

10 financial messaging services that continues to pro11 vide messaging services to, or enables or facilitates 

12 access to such services for, any such financial insti13 tution. 

14 (c) AUTHORIZATION FOR THE IMPOSITION OF SANC15 TIONS.—If, on or after the date that is 90 days after the 

16 imposition of any sanctions authorized under section 804, 

17 a provider of financial specialized financial messaging 

18 services continues to knowingly provide specialized finan19 cial messaging services to, or knowingly enable or facilitate 

20 direct or indirect access to such messaging services for, 

21 any financial institution with respect to which sanctions 

22 are imposed pursuant to section 804, the President may 

23 impose sanctions pursuant to that section or the Inter24 national Emergency Economic Powers Act (50 U.S.C. 

25 1701 et seq.) with respect to such provider. 


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1 (d) ENABLING OR FACILITATION OF ACCESS TO SPE2 CIALIZED FINANCIAL MESSAGING SERVICES THROUGH

3 INTERMEDIARY FINANCIAL INSTITUTIONS.—For purposes 

4 of this section, enabling or facilitating direct or indirect 

5 access to specialized financial messaging services includes 

6 doing so by serving as an intermediary financial institu7 tion with access to such messaging services. 

8 (e) FORM OF LISTS AND REPORTS.—Each list re9 quired under subsection (a) and each report required 

10 under subsection (b) shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 SEC. 806. IMPOSITION OF SANCTIONS WITH RESPECT TO 

13 PEOPLE’S REPUBLIC OF CHINA EXTRACTIVE 

14 INDUSTRIES. 

15 (a) IDENTIFICATION.—Not later than 60 days after 

16 making an affirmative determination under section 802, 

17 the President shall identify foreign persons involved in any 

18 of the sectors or industries described in subsection (b) that 

19 the President determines should be sanctioned in the in20 terest of United States national security. 

21 (b) SECTORS AND INDUSTRIES DESCRIBED.—The 

22 sectors and industries described in this subsection are— 

23 (1) oil and gas extraction and production; 

24 (2) coal extraction, mining, and production; 

25 (3) minerals extraction and processing; and 


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1 (4) any other sector or industry with respect to 

2 which the President determines the imposition of 

3 sanctions is in the United States national security 

4 interest. 

5 (c) LIST; IMPOSITION OF SANCTIONS.—Not later 

6 than 90 days after making an affirmative determination 

7 under section 802, the President shall— 

8 (1) submit a list of the persons identified under 

9 subsection (a) to the appropriate committees of Con10 gress; and 

11 (2) impose the sanctions described in section 

12 808 with respect to each such person. 

13 SEC. 807. ADDITIONAL SANCTIONS. 

14 (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 808 

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 

23 (2) with the objective of destabilizing Taiwan, 

24 engaged directly in, or ordered— 

25 (A) malicious cyber-enabled activities; or 


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1 (B) any military exercise that crossed that 

2 ‘‘middle line’’ in the Taiwan Strait. 

3 (b) WAIVER.—The President may waive the applica4 tion of sanctions under this section if the President sub5 mits to the appropriate committees of Congress a written 

6 determination that such waiver is in the national interests 

7 of the United States. 

8 SEC. 808. SANCTIONS DESCRIBED. 

9 (a) PROPERTY BLOCKING.—Except as provided in 

10 section 810, the President shall exercise all of the powers 

11 granted by the International Emergency Economic Powers 

12 Act (50 U.S.C. 1701 et seq.) to the extent necessary to 

13 block and prohibit all transactions in all property and in14 terests in property of the foreign person if such property 

15 and interests in property are in the United States, come 

16 within the United States, or are or come within the posses17 sion or control of a United States person. 

18 (b) ALIENS INADMISSIBLE FOR VISAS, ADMISSION, 

19 OR PAROLE.— 

20 (1) VISAS, ADMISSION, OR PAROLE.—In the 

21 case of an alien, the alien is— 

22 (A) inadmissible to the United States; 

23 (B) ineligible to receive a visa or other doc24 umentation to enter the United States; and 


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1 (C) otherwise ineligible to be admitted or 

2 paroled into the United States or to receive any 

3 other benefit under the Immigration and Na4 tionality Act (8 U.S.C. 1101 et seq.). 

5 (2) CURRENT VISAS REVOKED.— 

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

7 documentation of an alien described in para8 graph (1) shall be revoked, regardless of when 

9 such visa or other entry documentation was 

10 issued. 

11 (B) IMMEDIATE EFFECT.—A revocation 

12 under subparagraph (A) shall— 

13 (i) take effect immediately; and 

14 (ii) automatically cancel any other 

15 valid visa or entry documentation that is in 

16 the alien’s possession. 

17 SEC. 809. IMPLEMENTATION; REGULATIONS; PENALTIES. 

18 (a) IMPLEMENTATION.—The President may exercise 

19 all authorities provided to the President under sections 

20 203 and 205 of the International Emergency Economic 

21 Powers Act (50 U.S.C. 1702 and 1704) to carry out this 

22 title. 

23 (b) RULEMAKING.—The President shall issue such 

24 regulations, licenses, and orders as are necessary to carry 

25 out this title. 


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1 (c) PENALTIES.—Any person that violates, attempts 

2 to violate, conspires to violate, or causes a violation of this 

3 title, or any regulation, license, or order issued to carry 

4 out this title, shall be subject to the penalties set forth 

5 in subsections (b) and (c) of section 206 of the Inter6 national Emergency Economic Powers Act (50 U.S.C. 

7 1705) to the same extent as a person that commits an 

8 unlawful act described in subsection (a) of that section. 

9 SEC. 810. EXCEPTIONS; WAIVER. 

10 (a) EXCEPTIONS.— 

11 (1) EXCEPTION FOR INTELLIGENCE ACTIVI12 TIES.—This title shall not apply with respect to— 

13 (A) activities subject to the reporting re14 quirements under title V of the National Secu15 rity Act of 1947 (50 U.S.C. 3091 et seq.); or 

16 (B) authorized intelligence activities of the 

17 United States. 

18 (2) EXCEPTION FOR COMPLIANCE WITH INTER19 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT

20 ACTIVITIES.—Sanctions under this title shall not 

21 apply with respect to an alien if admitting or parol22 ing such alien into the United States is necessary— 

23 (A) to permit the United States to comply 

24 with the Agreement regarding the Head25 quarters of the United Nations, signed at Lake 


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1 Success on June 26, 1947, and entered into 

2 force November 21, 1947, between the United 

3 Nations and the United States, or other appli4 cable international obligations of the United 

5 States; or 

6 (B) to carry out or assist law enforcement 

7 activity in the United States. 

8 (3) EXCEPTION RELATING TO IMPORTATION OF

9 GOODS.— 

10 (A) DEFINED TERM.—In this paragraph, 

11 the term ‘‘good’’ means any article, natural or 

12 manmade substance, material, supply, or manu13 factured product, including inspection and test 

14 equipment, and excluding technical data. 

15 (B) IN GENERAL.—Notwithstanding any 

16 other provision of this title, the authority or a 

17 requirement to impose sanctions under this title 

18 shall not include the authority or a requirement 

19 to impose sanctions on the importation of 

20 goods. 

21 (b) NATIONAL SECURITY WAIVER.—The President 

22 may waive the imposition of sanctions based on a deter23 mination under section 802 with respect to a person if 

24 the President— 


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1 (1) determines that such a waiver is in the na2 tional security interests of the United States; and 

3 (2) submits a notification of the waiver and the 

4 reasons for the waiver to the appropriate committees 

5 of Congress. 

6 SEC. 811. TERMINATION. 

7 The President may terminate the sanctions imposed 

8 under this title based on a determination under section 

9 802, after determining and certifying to the appropriate 

10 committees of Congress that the Government of the Peo11 ple’s Republic of China— 

12 (1) has verifiably ceased the activities described 

13 in section 802(a) with respect to operations against 

14 Taiwan; and 

15 (2) to the extent applicable, has entered into an 

16 agreed settlement with a legitimate democratic Gov17 ernment of Taiwan. 

18 TITLE IX—RULE OF 

19 CONSTRUCTION 

20 SEC. 901. RULE OF CONSTRUCTION. 

21 Nothing in this Act may be construed— 

22 (1) to restore diplomatic relations with the Re23 public of China; or 


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1 (2) to alter the United States Government’s po2 sition with respect to the international status of the 

3 Republic of China. 

Æ 


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