II 

Calendar No. 98 

118TH CONGRESS 

1ST SESSION S. 1074 

To require a strategy for countering the People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Mr. RUBIO (for himself and Mr. PETERS) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

JUNE 13, 2023 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require a strategy for countering the People’s Republic 

of China. 

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 ‘‘Taiwan Protection and 

5 National Resilience Act of 2023’’. 


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1 SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE’S RE2 PUBLIC OF CHINA. 

3 (a) IDENTIFICATION OF VULNERABILITIES AND LE4 VERAGE.—Not later than 180 days after the date of the 

5 enactment of this Act, the Secretary of Defense, in con6 sultation with the Secretary of State, the Secretary of 

7 Commerce, the Secretary of the Treasury, the Director of 

8 the Office of Federal Procurement Policy, and the Direc9 tor of the Office of Science and Technology Policy, shall 

10 submit to the appropriate committees of Congress a report 

11 that identifies— 

12 (1) goods and services from the United States 

13 that are relied on by the People’s Republic of China 

14 such that that reliance presents a strategic oppor15 tunity and source of leverage against the People’s 

16 Republic of China; and 

17 (2) procurement practices of the United States 

18 Armed Forces and other Federal agencies that are 

19 reliant on trade with the People’s Republic of China 

20 and other inputs from the People’s Republic of 

21 China, such that that reliance presents a strategic 

22 vulnerability and source of leverage that the Chinese 

23 Communist Party could exploit. 

24 (b) STRATEGY TO RESPOND TO COERCIVE AC25 TION.— 


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•S 1074 RS

1 (1) IN GENERAL.—Not later than 180 days 

2 after the submission of the report required by sub3 section (a), the Secretary of the Treasury, in con4 sultation with the Secretary of the Defense, the Sec5 retary of Commerce, the Secretary of State, the Di6 rector of the Office of Federal Procurement Policy, 

7 and the Director of the Office of Science and Tech8 nology Policy, shall submit to the appropriate com9 mittees of Congress a report, utilizing the findings 

10 of the report required by subsection (a), that de11 scribes a comprehensive sanctions strategy to advise 

12 policymakers on policies the United States and allies 

13 and partners of the United States could adopt with 

14 respect to the People’s Republic of China in re15 sponse to any coercive action, including an invasion, 

16 by the People’s Republic of China that infringes 

17 upon the territorial sovereignty of Taiwan by pre18 venting access to international waterways, airspace, 

19 or telecommunications networks. 

20 (2) ELEMENTS.—The strategy required by 

21 paragraph (1) shall include policies that— 

22 (A) restrict the access of the People’s Lib23 eration Army to oil, natural gas, munitions, and 

24 other supplies needed to conduct military oper25 ations against Taiwan, United States facilities 


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•S 1074 RS

1 in the Pacific and Indian Oceans, and allies and 

2 partners of the United States in the region; 

3 (B) diminish the capacity of the industrial 

4 base of the People’s Republic of China to man5 ufacture and deliver defense articles to replace 

6 those lost in operations of the People’s Libera7 tion Army against Taiwan, the United States, 

8 and allies and partners of the United States; 

9 (C) inhibit the ability of the People’s Re10 public of China to evade United States and 

11 multilateral sanctions through third parties, in12 cluding through secondary sanctions; and 

13 (D) identify specific sanctions-related tools 

14 that may be effective in responding to coercive 

15 action described in paragraph (1) and assess 

16 the feasibility of the use and impact of the use 

17 of those tools. 

18 (c) RECOMMENDATIONS FOR REDUCTION OF

19 VULNERABILITIES AND LEVERAGE.—Not later than 180 

20 days after the submission of the report required by sub21 section (a), the Secretary of Commerce, in consultation 

22 the Secretary of Defense, the Secretary of State, the Di23 rector of National Intelligence, the United States Trade 

24 Representative, the Director of the Office of Federal Pro25 curement Policy, and the Director of the Office of Science 


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•S 1074 RS

1 and Technology Policy, shall submit to the appropriate 

2 committees of Congress a report that— 

3 (1) identifies critical sectors within the United 

4 States economy that rely on trade with the People’s 

5 Republic of China and other inputs from the Peo6 ple’s Republic of China (including active pharma7 ceutical ingredients, rare earth minerals, and met8 allurgical inputs), such that those sectors present a 

9 strategic vulnerability and source of leverage that 

10 the Chinese Communist Party could exploit; and 

11 (2) makes recommendations to Congress on 

12 steps that can be taken to reduce the sources of le13 verage described in paragraph (1) and subsection 

14 (a)(1), including through— 

15 (A) provision of economic incentives and 

16 making other trade and contracting reforms to 

17 support United States industry and job growth 

18 in critical sectors and to indigenize production 

19 of critical resources; and 

20 (B) policies to facilitate ‘‘near- or friend21 shoring’’, or otherwise developing strategies to 

22 facilitate that process with allies and partners 

23 of the United States, in other sectors for which 

24 domestic reshoring would prove infeasible for 

25 any reason. 


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1 (d) FORM.—The reports required by subsections (a), 

2 (b), and (c) shall be submitted in unclassified form but 

3 may include a classified annex. 

4 (e) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate commit6 tees of Congress’’ means— 

7 (1) the Committee on Foreign Relations, the 

8 Committee on Armed Services, the Select Committee 

9 on Intelligence, the Committee on Finance, the Com10 mittee on Banking, Housing, and Urban Affairs, 

11 and the Committee on Commerce, Science, and 

12 Transportation of the Senate; and 

13 (2) the Committee on Foreign Affairs, the 

14 Committee on Armed Services, the Committee on Fi15 nancial Services, the Committee on Energy and 

16 Commerce, and the Permanent Select Committee on 

17 Intelligence of the House of Representatives. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Taiwan Protection and 

20 National Resilience Act of 2023’’. 

21 SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE’S REPUB22 LIC OF CHINA. 

23 (a) IDENTIFICATION OF VULNERABILITIES AND LE24 VERAGE.—Not later than 180 days after the date of the en25 actment of this Act, the Secretary of State and the Secretary 


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•S 1074 RS

1 of Defense shall jointly, in consultation with the Secretary 

2 of Commerce, the Secretary of the Treasury, the Director 

3 of the Office of Federal Procurement Policy, and the Direc4 tor of the Office of Science and Technology Policy, submit 

5 to the appropriate committees of Congress a report that 

6 identifies— 

7 (1) goods and services from the United States 

8 that are relied on by the People’s Republic of China 

9 such that that reliance presents a strategic oppor10 tunity and source of leverage against the People’s Re11 public of China, including during a conflict; and 

12 (2) procurement practices of the United States 

13 Government that are reliant on trade with the Peo14 ple’s Republic of China and other inputs from the 

15 People’s Republic of China, such that that reliance 

16 presents a strategic vulnerability and source of lever17 age that the Chinese Communist Party could exploit, 

18 including during a conflict. 

19 (b) STRATEGY TO RESPOND TO COERCIVE ACTION.— 

20 (1) IN GENERAL.—Not later than 180 days after 

21 the submission of the report required by subsection 

22 (a), the Secretary of the Treasury, in coordination 

23 with the Secretary of State and in consultation with 

24 the Secretary of the Defense, the Secretary of Com25 merce, the Director of the Office of Federal ProcureVerDate Sep 11 2014 23:48 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1074.RS S1074

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1 ment Policy, and the Director of the Office of Science 

2 and Technology Policy, shall submit to the appro3 priate committees of Congress a report, utilizing the 

4 findings of the report required by subsection (a), that 

5 describes a comprehensive sanctions strategy to advise 

6 policymakers on policies the United States and allies 

7 and partners of the United States could adopt with 

8 respect to the People’s Republic of China in response 

9 to any coercive action, including an invasion, by the 

10 People’s Republic of China that infringes upon the 

11 territorial sovereignty of Taiwan by preventing access 

12 to international waterways, airspace, or telecommuni13 cations networks. 

14 (2) ELEMENTS.—The strategy required by para15 graph (1) shall include policies that— 

16 (A) restrict the access of the People’s Libera17 tion Army to oil, natural gas, munitions, and 

18 other supplies needed to conduct military oper19 ations against Taiwan, United States facilities 

20 in the Pacific and Indian Oceans, and allies and 

21 partners of the United States in the region; 

22 (B) diminish the capacity of the industrial 

23 base of the People’s Republic of China to manu24 facture and deliver defense articles to replace 

25 those lost in operations of the People’s Liberation 


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•S 1074 RS

1 Army against Taiwan, the United States, and 

2 allies and partners of the United States; 

3 (C) inhibit the ability of the People’s Re4 public of China to evade United States and mul5 tilateral sanctions through third parties, includ6 ing through secondary sanctions; 

7 (D) identify specific sanctions-related tools 

8 that may be effective in responding to coercive 

9 action described in paragraph (1) and assess the 

10 feasibility of the use and impact of the use of 

11 those tools; 

12 (E) identify and resolve potential impedi13 ments to coordinating sanctions-related efforts 

14 with respect to responding to or deterring aggres15 sion against Taiwan with allies and partners of 

16 the United States; 

17 (F) identify industries, sectors, or goods and 

18 services with respect to which the United States, 

19 working with allies and partners of the United 

20 States, can take coordinated action through sanc21 tions or other economic tools that will have a sig22 nificant negative impact on the economy of the 

23 People’s Republic of China; and 

24 (G) identify tactics used by the Government 

25 of the People’s Republic of China to influence the 


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1 public in the United States and Taiwan through 

2 propaganda and disinformation campaigns, in3 cluding such campaigns focused on 

4 delegitimizing Taiwan or legitimizing a forceful 

5 action by the People’s Republic of China against 

6 Taiwan. 

7 (c) RECOMMENDATIONS FOR REDUCTION OF

8 VULNERABILITIES AND LEVERAGE.—Not later than 180 

9 days after the submission of the report required by sub10 section (a), the Secretary of State and the Secretary of De11 fense shall jointly, in consultation with the Secretary of 

12 Commerce, the Secretary of the Treasury, the Director of 

13 the Office of Federal Procurement Policy, and the Director 

14 of the Office of Science and Technology Policy, submit to 

15 the appropriate committees of Congress a report that— 

16 (1) identifies critical sectors within the United 

17 States economy that rely on trade with the People’s 

18 Republic of China and other inputs from the People’s 

19 Republic of China (including active pharmaceutical 

20 ingredients, rare earth minerals, and metallurgical 

21 inputs), such that those sectors present a strategic vul22 nerability and source of leverage that the Chinese 

23 Communist Party or the People’s Republic of China 

24 could exploit; and 


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1 (2) makes recommendations to Congress on steps 

2 that can be taken to reduce the sources of leverage de3 scribed in paragraph (1) and subsection (a)(1), in4 cluding through— 

5 (A) provision of economic incentives and 

6 making other trade and contracting reforms to 

7 support United States industry and job growth 

8 in critical sectors and to indigenize production 

9 of critical resources; and 

10 (B) policies to facilitate ‘‘near- or friend11 shoring’’, or otherwise developing strategies to fa12 cilitate that process with allies and partners of 

13 the United States, in other sectors for which do14 mestic reshoring would prove infeasible for any 

15 reason. 

16 (d) FORM.—The reports required by subsections (a), 

17 (b), and (c) shall be submitted in unclassified form but may 

18 include a classified annex. 

19 (e) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate committees 

21 of Congress’’ means— 

22 (1) the Committee on Foreign Relations, the 

23 Committee on Armed Services, the Select Committee 

24 on Intelligence, the Committee on Finance, the Com25 mittee on Banking, Housing, and Urban Affairs, and 


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1 the Committee on Commerce, Science, and Transpor2 tation of the Senate; and 

3 (2) the Committee on Foreign Affairs, the Com4 mittee on Armed Services, the Committee on Finan5 cial Services, the Committee on Energy and Com6 merce, and the Permanent Select Committee on Intel7 ligence of the House of Representatives. 

8 SEC. 3. RULE OF CONSTRUCTION ON MAINTAINING ONE 

9 CHINA POLICY. 

10 Nothing in this Act may be construed as a change to 

11 the one China policy of the United States, which is guided 

12 by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the 

13 three United States-People’s Republic of China Joint 

14 Communique ́s, and the Six Assurances. 

15 SEC. 4. RULE OF CONSTRUCTION REGARDING NOT AU16 THORIZING THE USE OF FORCE. 

17 Nothing in this Act may be construed as authorizing 

18 the use of military force. 


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Calendar No. 98 

118TH CONGRESS 

1ST SESSION S. 1074 

A BILL 

To require a strategy for countering the People’s 

Republic of China. 

JUNE 13, 2023 

Reported with an amendment 


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