II 

118TH CONGRESS 

1ST SESSION S. 2761 

To deter conflict in the Taiwan Strait by establishing conditions for suspending normal trade relations with the People’s Republic of China, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2023 

Mr. LANKFORD introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To deter conflict in the Taiwan Strait by establishing conditions for suspending normal trade relations with the People’s Republic of China, 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. 

4 This Act may be cited as the ‘‘Deterring Escalation 

5 Through Economic Retaliation Act of 2023’’ or the 

6 ‘‘DETER Act of 2023’’. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2761 IS

1 (1) The People’s Republic of China has enjoyed 

2 normal trade relations with the United States since 

3 its approval to join the World Trade Organization 

4 on November 10, 2001, and formal accession on De5 cember 10, 2001. 

6 (2) The aggression of the People’s Republic of 

7 China toward Taiwan has increased in recent years, 

8 as incursions into Taiwan’s Air Defense Identifica9 tion Zone by aircraft of the People’s Liberation 

10 Army increased 178 percent from 2021 to 2022. 

11 (3) The economic coercion of the People’s Re12 public of China toward Taiwan has also increased in 

13 recent years, as the People’s Republic of China has 

14 banned the import of more than 2,000 food products 

15 from Taiwan since August 2022. 

16 (4) The United States has a long-standing com17 mitment to the security of Taiwan and stability of 

18 cross-strait relations as outlined in the Six Assur19 ances, the three United States-People’s Republic of 

20 China Joint Communique ́s, and the Taiwan Rela21 tions Act (22 U.S.C. 3301 et seq.). 

22 (5) In response to the unprovoked invasion of 

23 Ukraine by the Russian Federation, the United 

24 States revoked nondiscriminatory treatment for imVerDate Sep 11 2014 01:58 Sep 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761

pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 2761 IS

1 ports from the Russian Federation and Belarus on 

2 April 8, 2022. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the United States has a strong interest in 

6 deterring the People’s Republic of China from invad7 ing and seizing control of Taiwan and should employ 

8 economic levers of influence to promote and preserve 

9 a free and open Indo-Pacific, including prevention of 

10 aggression by the People’s Republic of China toward 

11 Taiwan; 

12 (2) aggression by the People’s Republic of 

13 China toward Taiwan would be a violation of inter14 national norms and inconsistent with standards of 

15 conduct required for countries enjoying normal trade 

16 relations in the United States market; and 

17 (3) the policies of the People’s Republic of 

18 China violate its obligations under the Protocol on 

19 the Accession of the People’s Republic of China, in20 cluding nonmarket practices, intellectual property 

21 theft, use of forced labor, and civil-military fusion. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 2761 IS

1 SEC. 3. ANNUAL CERTIFICATION REGARDING MILITARY 

2 FORCE AGAINST TAIWAN BY THE PEOPLE’S 

3 REPUBLIC OF CHINA. 

4 (a) IN GENERAL.—Not later than one year after the 

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

6 the President shall submit to the appropriate congres7 sional committees a report that includes a certification 

8 with respect to whether or not any entity of the People’s 

9 Republic of China, including the People’s Liberation 

10 Army, engaged in an act of coercion or military aggression 

11 that violated the sovereignty or territorial integrity of Tai12 wan during the one-year period preceding submission of 

13 the report. 

14 (b) REQUESTS FROM CONGRESS.— 

15 (1) REQUESTS.—At any point during the one16 year period after submission of a report required by 

17 subsection (a) and before submission of the next 

18 such report, any Member of Congress may inquire in 

19 writing of the President with respect to whether the 

20 certification included in the most recent such report 

21 is still accurate. 

22 (2) RESPONSES.—Upon receiving an inquiry 

23 from a Member of Congress under paragraph (1), 

24 the President shall respond in writing with respect 

25 to whether the certification included in the most reVerDate Sep 11 2014 01:58 Sep 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761

pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 2761 IS

1 cent report submitted under subsection (a) is still 

2 accurate. 

3 SEC. 4. SUSPENSION OF NORMAL TRADE RELATIONS WITH 

4 THE PEOPLE’S REPUBLIC OF CHINA. 

5 (a) SUSPENSION.— 

6 (1) IN GENERAL.—Notwithstanding title I of 

7 the Act entitled, ‘‘An Act to authorize extension of 

8 nondiscriminatory treatment (normal trade relations 

9 treatment) to the People’s Republic of China, and to 

10 establish a framework for relations between the 

11 United States and the People’s Republic of China’’, 

12 approved October 10, 2000 (Public Law 106–286; 

13 114 Stat. 881), or any other provision of law, if, in 

14 a report submitted under section 3(a), the President 

15 is unable to certify that no entity of the People’s Re16 public of China, including the People’s Liberation 

17 Army, engaged in an act of coercion or military ag18 gression that violated the sovereignty or territorial 

19 integrity of Taiwan during the one-year period pre20 ceding submission of the report— 

21 (A) on and after the date that is 30 days 

22 after submission of the report, the rates of duty 

23 set forth in column 2 of the Harmonized Tariff 

24 Schedule of the United States shall apply to all 

25 products of the People’s Republic of China; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 2761 IS

1 (B) not later than the date described in 

2 subparagraph (A), the President shall proclaim 

3 increases in such rates of duty with respect to 

4 such products. 

5 (2) PRIOR CONSULTATION.—The President 

6 shall, not later than 5 calendar days before issuing 

7 any proclamation under paragraph (1)(B), consult 

8 with the appropriate congressional committees re9 garding the basis for and anticipated impact of the 

10 proposed increases to rates of duty under that para11 graph. 

12 (b) RESTORATION OF NORMAL TRADE RELATIONS

13 TREATMENT.—The President may resume the application 

14 of the rates of duty set forth in column 1 of the Har15 monized Tariff Schedule of the United States to the prod16 ucts of the People’s Republic of China on or after the date 

17 on which the President submits a report under section 

18 3(a) that includes a certification that no entity of the Peo19 ple’s Republic of China, including the People’s Liberation 

20 Army, engaged in an act of coercion or military aggression 

21 that violated the sovereignty or territorial integrity of Tai22 wan during the one-year period preceding submission of 

23 the report. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 2761 IS

1 SEC. 5. ASSESSMENT OF SUPPLY CHAIN SECURITY. 

2 (a) ASSESSMENT REQUIRED.—The Secretary of 

3 Commerce, in consultation with the United States Trade 

4 Representative, the Secretary of State, the Secretary of 

5 Defense, and the Chief Executive Officer of the United 

6 States International Development Finance Corporation, 

7 shall— 

8 (1) conduct an assessment of United States 

9 supply chain vulnerabilities and risk exposure to the 

10 People’s Republic of China; and 

11 (2) submit to the appropriate congressional 

12 committees, with each report required by section 

13 3(a), a report on the assessment. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a)(2) shall include— 

16 (1) identification of goods— 

17 (A) for which the United States is signifi18 cantly reliant on imports from the People’s Re19 public of China; and 

20 (B) that are critical to the economic sta21 bility, health interests, and national security of 

22 the people of the United States; 

23 (2) an assessment of the economic impact that 

24 revocation of normal trade relations with the Peo25 ple’s Republic of China would have on the price and 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 2761 IS

1 supply of imports of goods identified under para2 graph (1); and 

3 (3) proposals to mitigate the economic impact 

4 described in paragraph (2) by diversifying sourcing 

5 and supply chains for imports of such goods, includ6 ing the use of development financing tools in coordi7 nation with allies of the United States and countries 

8 with which the United States has a free trade agree9 ment in effect. 

10 (c) FORM; PUBLIC AVAILABILITY.— 

11 (1) FORM.—The report required by subsection 

12 (a)(2) shall be submitted in unclassified form, but 

13 may include a classified annex. 

14 (2) PUBLIC AVAILABILITY.—The unclassified 

15 portion of the report required by subsection (a)(2) 

16 shall be posted on a publicly accessible website of the 

17 Department of Commerce. 

18 SEC. 6. NATIONAL INTEREST WAIVER AND CONGRES19 SIONAL REVIEW. 

20 (a) WAIVER.—The President may waive the require21 ment under section 4(a)(1) for a one-year period if— 

22 (1) the President— 

23 (A) determines that such a waiver is in the 

24 national interest of the United States; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 2761 IS

1 (B) submits to the appropriate congres2 sional committees a notice of and justification 

3 for the waiver; and 

4 (2) a joint resolution of approval is enacted into 

5 law under subsection (b) during the period of 60 cal6 endar days beginning on the date on which the 

7 President submits the notice required by paragraph 

8 (1)(B). 

9 (b) CONGRESSIONAL APPROVAL.— 

10 (1) JOINT RESOLUTION OF APPROVAL DE11 FINED.—In this subsection, the term ‘‘joint resolu12 tion’’ means only a joint resolution— 

13 (A) that is introduced not later than 10 

14 calendar days after the date on which Congress 

15 receives the notice required by subsection 

16 (a)(1)(B); 

17 (B) that does not have a preamble; 

18 (C) the title of which is as follows: ‘‘Joint 

19 resolution relating to the approval of continuing 

20 normal trade relations with the People’s Repub21 lic of China.’’; and 

22 (D) the matter after the resolving clause of 

23 which is as follows: ‘‘Congress approves of the 

24 waiver for a one-year period of the requirement 

25 under section 4(a)(1) of the Deterring EscaVerDate Sep 11 2014 01:58 Sep 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761

pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 2761 IS

1 lation Through Economic Retaliation Act of 

2 2023 to suspend normal trade relations with 

3 the People’s Republic of China, with respect to 

4 which notice was submitted to Congress on 

5 llll.’’, with the blank space being filled 

6 with the appropriate date. 

7 (2) FAST TRACK CONSIDERATION IN HOUSE OF

8 REPRESENTATIVES.— 

9 (A) RECONVENING.—Upon receipt of a no10 tice under subsection (a)(1)(B), the Speaker of 

11 the House of Representatives, if the House 

12 would otherwise be adjourned, shall notify the 

13 Members of the House that, pursuant to this 

14 paragraph, the House shall convene not later 

15 than 10 calendar day after receipt of such no16 tice. 

17 (B) COMMITTEE REFERRAL.—A joint reso18 lution of approval introduced in the House of 

19 Representatives shall be referred to the Com20 mittee on Ways and Means. 

21 (C) REPORTING AND DISCHARGE.—If the 

22 Committee on Ways and Means has not re23 ported a joint resolution of approval within 10 

24 calendar days after the date of referral, the 

25 Committee shall be discharged from further 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 2761 IS

1 consideration of the joint resolution and the 

2 joint resolution shall be referred to the appro3 priate calendar. 

4 (D) PROCEEDING TO CONSIDERATION.— 

5 After the Committee on Ways and Means has 

6 considered a joint resolution and reports it to 

7 the House, or has been discharged from its con8 sideration, it shall be in order, not later than 

9 60 calendar days after Congress receives the 

10 notice described in subsection (a)(1)(B) to move 

11 to proceed to consider the joint resolution in the 

12 House. All points of order against the motion 

13 are waived. Such a motion shall not be in order 

14 after the House has disposed of a motion to 

15 proceed on the joint resolution. The previous 

16 question shall be considered as ordered on the 

17 motion to its adoption without intervening mo18 tion. The motion shall not be debatable. A mo19 tion to reconsider the vote by which the motion 

20 is disposed of shall not be in order. 

21 (E) CONSIDERATION.—The joint resolution 

22 shall be considered as read. All points of order 

23 against the joint resolution and against its con24 sideration are waived. The previous question 

25 shall be considered as ordered on the joint resoVerDate Sep 11 2014 01:58 Sep 12, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761

pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 2761 IS

1 lution to its passage without intervening motion 

2 except not more than 10 hours of debate equal3 ly divided and controlled by the proponent and 

4 an opponent. A motion to reconsider the vote 

5 on passage of the joint resolution shall not be 

6 in order. 

7 (3) FAST TRACK CONSIDERATION IN SENATE.— 

8 (A) RECONVENING.—Upon receipt of a no9 tice under subsection (a)(1)(B), if the Senate 

10 has adjourned or recessed for more than 2 

11 days, the majority leader of the Senate, after 

12 consultation with the minority leader of the 

13 Senate, shall notify the Members of the Senate 

14 that, pursuant to this paragraph, the Senate 

15 shall convene not later than 10 calendar days 

16 after receipt of such notice. 

17 (B) COMMITTEE REFERRAL.—A joint reso18 lution of approval introduced in the Senate 

19 shall be referred to the Committee on Finance. 

20 (C) REPORTING AND DISCHARGE.—If the 

21 Committee on Finance has not reported a joint 

22 resolution of approval within 10 calendar days 

23 after the date of referral, the Committee shall 

24 be discharged from further consideration of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 2761 IS

1 joint resolution and the joint resolution shall be 

2 placed immediately on the calendar. 

3 (D) FLOOR CONSIDERATION.— 

4 (i) IN GENERAL.—Notwithstanding 

5 Rule XXII of the Standing Rules of the 

6 Senate, it is in order at any time after the 

7 joint resolution has been placed on the cal8 endar, and before the date that is 60 cal9 endar days after Congress receives the no10 tice described in subsection (a)(1)(B), to 

11 move to proceed to the consideration of the 

12 joint resolution. All points of order against 

13 the joint resolution (and against consider14 ation of the joint resolution) are waived. 

15 The motion to proceed is not debatable. 

16 The motion is not subject to a motion to 

17 postpone. A motion to reconsider the vote 

18 by which the motion is agreed to or dis19 agreed to shall not be in order. If a motion 

20 to proceed to the consideration of the reso21 lution is agreed to, the joint resolution 

22 shall remain the unfinished business until 

23 disposed of. 

24 (ii) DEBATE.—Debate on the joint 

25 resolution, and on all debatable motions 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 2761 IS

1 and appeals in connection therewith, shall 

2 be limited to not more than 10 hours, 

3 which shall be divided equally between the 

4 majority and minority leaders or their des5 ignees. A motion further to limit debate is 

6 in order and not debatable. An amendment 

7 to, or a motion to postpone, or a motion to 

8 proceed to the consideration of other busi9 ness, or a motion to recommit the joint 

10 resolution is not in order. 

11 (iii) VOTE ON PASSAGE.—The vote on 

12 passage on a joint resolution of approval 

13 shall occur immediately following the con14 clusion of the debate on a joint resolution, 

15 and a single quorum call at the conclusion 

16 of the debate if requested in accordance 

17 with the rules of the Senate. 

18 (iv) RULINGS OF THE CHAIR ON PRO19 CEDURE.—Appeals from the decisions of 

20 the Chair relating to the application of the 

21 rules of the Senate, as the case may be, to 

22 the procedure relating to a joint resolution 

23 of approval shall be decided without de24 bate. 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 2761 IS

1 (4) RULES RELATING TO SENATE AND HOUSE

2 OF REPRESENTATIVES.— 

3 (A) COORDINATION WITH ACTION BY

4 OTHER HOUSE.—If, before the passage by one 

5 House of a joint resolution of approval of that 

6 House, that House receives from the other 

7 House a joint resolution of approval, then the 

8 following procedures shall apply: 

9 (i) The joint resolution of the other 

10 House shall not be referred to a com11 mittee. 

12 (ii) With respect to a joint resolution 

13 of the House receiving the resolution— 

14 (I) the procedure in that House 

15 shall be the same as if no joint resolu16 tion had been received from the other 

17 House; but 

18 (II) the vote on passage shall be 

19 on the joint resolution of the other 

20 House. 

21 (B) TREATMENT OF JOINT RESOLUTION

22 OF OTHER HOUSE.—If one House fails to intro23 duce or consider a joint resolution of approval 

24 under this subsection, the joint resolution of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 2761 IS

1 other House shall be entitled to expedited floor 

2 procedures under this subsection. 

3 (5) RULES OF HOUSE OF REPRESENTATIVES

4 AND SENATE.—This subsection is enacted by Con5 gress— 

6 (A) as an exercise of the rulemaking power 

7 of the Senate and the House of Representa8 tives, respectively, and as such is deemed a part 

9 of the rules of each House, respectively, and su10 persedes other rules only to the extent that it 

11 is inconsistent with such rules; and 

12 (B) with full recognition of the constitu13 tional right of either House to change the rules 

14 (so far as relating to the procedure of that 

15 House) at any time, in the same manner, and 

16 to the same extent as in the case of any other 

17 rule of that House. 

18 SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED. 

20 In this Act, unless otherwise specified, the term ‘‘ap21 propriate congressional committees’’ means— 

22 (1) the Committee on Finance and the Com23 mittee on Foreign Relations of the Senate; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 2761 IS

1 (2) the Committee on Ways and Means and the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB