II 

117TH CONGRESS 

2D SESSION S. 4129 

To promote peace through strength in Taiwan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2022 

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

to the Committee on Foreign Relations 

A BILL 

To promote peace through strength in Taiwan, 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 ‘‘Taiwan Peace through 

5 Strength Act of 2022’’. 

6 SEC. 2. ANTICIPATORY POLICY PLANNING AND ANNUAL RE7 VIEW OF UNITED STATES WAR PLANS TO DE8 FEND TAIWAN. 

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

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

11 the Secretary of Defense shall conduct a classified review 


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1 of United States war plans to defend Taiwan and share 

2 the results of the review with the Chairman and Ranking 

3 Member of the Committee on Armed Services of the Sen4 ate and the Committee on Armed Services of the House 

5 of Representatives. 

6 (b) ELEMENTS.—The review conducted under sub7 section (a) shall include the following elements: 

8 (1) An assessment of Taiwan’s current and 

9 near-term capabilities and United State force readi10 ness and the adequacy of United States conflict con11 tingency plans. 

12 (2) A detailed strategy of denial to defend Tai13 wan against aggression by the People’s Liberation 

14 Army, especially an attempted fait accompli to seize 

15 and hold the island. 

16 (3) A comprehensive assessment of risks to the 

17 United States and United States interests, including 

18 readiness shortfalls that pose strategic risk. 

19 (4) A review of indicators of the near-term like20 lihood of the use of force by the People’s Liberation 

21 Army against Taiwan. 

22 (5) The compilation of a pre-approved list of 

23 military capabilities, including both asymmetric and 

24 traditional capabilities selected to suit the oper25 ational environment and to allow Taiwan to respond 


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1 effectively to a variety of contingencies across all 

2 phases of conflict involving the People’s Liberation 

3 Army, that the Secretary of Defense has pre-cleared 

4 for Taiwan to acquire, and that would reduce the 

5 threat of conflict, thwart an invasion, and mitigate 

6 other risks to the United States and Taiwan. 

7 SEC. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOR8 EIGN MILITARY SALES PROGRAM. 

9 (a) PRECLEARANCE OF CERTAIN FOREIGN MILITARY

10 SALES ITEMS.— 

11 (1) IN GENERAL.—Not later than one year 

12 after the date of the enactment of this Act, and an13 nually thereafter, the Secretary of State, in coordi14 nation with the Secretary of Defense and in conjunc15 tion with coordinating entities such as the National 

16 Disclosure Policy Committee and the Arms Transfer 

17 and Technology Release Senior Steering Group, 

18 shall compile a list of available and emerging mili19 tary platforms, technologies, and equipment that are 

20 pre-cleared and prioritized for sale and release to 

21 Taiwan through the Foreign Military Sales program. 

22 The Department of Defense shall serve as the lead 

23 Federal agency for purposes of making final deter24 minations when disputes arise between agencies 


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1 about the appropriateness of specific items for sale 

2 to Taiwan. 

3 (2) SELECTION OF ITEMS.— 

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

5 for sale pursuant to paragraph (1) shall rep6 resent a full range of key asymmetric capabili7 ties as well as the conventional capabilities in8 formed by United States readiness and risk as9 sessments and determined by Taiwan to be re10 quired for various wartime scenarios and peace11 time duties, and shall include each item on the 

12 list of approved items compiled by the Secretary 

13 of Defense pursuant to section 2(b)(5) unless 

14 the Secretary of State includes a determination 

15 for any excluded item that the costs to the 

16 United States of the failure to arm Taiwan with 

17 such item, including the likelihood of being 

18 drawn into conflict with the People’s Republic 

19 of China, are less likely to be incurred, and 

20 would be less costly if incurred, than the poten21 tial costs, such as technology slippage, associ22 ated with providing such item. 

23 (B) RULE OF CONSTRUCTION.—The list 

24 compiled pursuant to section 2(b)(5) shall not 

25 be construed as limiting the type, timing, or 


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1 quantity of items that may be requested by, or 

2 sold to, Taiwan under the Foreign Military 

3 Sales program. 

4 (b) PRIORITIZED PROCESSING OF FOREIGN MILI5 TARY SALES REQUESTS FROM TAIWAN.— 

6 (1) REQUIREMENT.—The Secretary of Defense 

7 and the Secretary of State shall prioritize and expe8 dite the processing of requests from Taiwan under 

9 the Foreign Military Sales program, and may not 

10 delay the processing of requests for bundling pur11 poses. 

12 (2) DURATION.—The requirement under para13 graph (1) shall continue until the Secretary of De14 fense determines and certifies to the Committee on 

15 Armed Services of the Senate and the Committee on 

16 Armed Services of the House of Representatives that 

17 the threat to Taiwan has significantly abated. 

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

19 after the date of the enactment of this Act, and an20 nually thereafter for 10 years, the Secretary of De21 fense shall submit to the Committee on Armed Serv22 ices of the Senate and the Committee on Armed 

23 Services of the House of Representatives a report 

24 describing steps taken to implement the requirement 

25 under paragraph (1). 


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1 (c) PRIORITY PRODUCTION.— 

2 (1) REQUIREMENT.—Contractors awarded De3 partment of Defense contracts to provide items for 

4 sale to Taiwan under the Foreign Military Sales pro5 gram shall be required, as a condition of receiving 

6 such contracts, to expedite and prioritize the produc7 tion of such items above the production of other 

8 items regardless of the order in which contracts were 

9 signed. 

10 (2) DURATION.—The requirement under para11 graph (1) shall continue until the Secretary of De12 fense determines and certifies to the Committee on 

13 Armed Services of the Senate and the Committee on 

14 Armed Services of the House of Representatives that 

15 the threat to Taiwan has significantly abated. 

16 (3) ANNUAL REPORT.—Contractors covered 

17 under paragraph (1) shall be required to report an18 nually to the Committee on Armed Services of the 

19 Senate and the Committee on Armed Services of the 

20 House of Representatives on efforts to expedite and 

21 prioritize production as required under such para22 graph. 

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

24 and the Secretary of Defense shall jointly review and up25 date interagency policies and implementation guidance reVerDate Sep 11 2014 22:01 May 04, 2022 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4129.IS S4129

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1 lated to Foreign Military Sales requests from Taiwan, in2 cluding incorporating the preclearance and prioritization 

3 provisions of this section. 

4 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR FOR5 EIGN MILITARY FINANCING GRANT ASSIST6 ANCE TO TAIWAN. 

7 (a) TAIWAN SECURITY PROGRAMS.—In addition to 

8 amounts otherwise authorized to be appropriated for For9 eign Military Financing, there is authorized to be appro10 priated to the Department of State for the exclusive pur11 pose of Taiwan Foreign Military Finance grant assistance 

12 programs $2,000,000,000 for each of fiscal years 2023 to 

13 2032. 

14 (b) RESTRICTIONS ON TAIWAN FOREIGN MILITARY

15 FINANCING.—Amounts authorized to be appropriated 

16 under subsection (a) shall be available only if— 

17 (1) Taiwan commits to match the appropriated 

18 spending on a dollar-for-dollar basis, as reflected in 

19 Taiwan’s annual allocation for defense spending and 

20 special budgets passed by the Legislative Yuan for 

21 additional defense spending; 

22 (2) Taiwan focuses on the acquisition of asym23 metric capabilities consistent with a strategy of de24 nial while also modernizing sufficient conventional 

25 capabilities to respond to a variety of contingencies 


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1 across all phases of conflict, including grey zone ac2 tivities, and execute essential peacetime missions; 

3 and 

4 (3) the United States and Taiwan formally 

5 agree— 

6 (A) to conduct joint long-range planning 

7 for capability development; and 

8 (B) on the expenditure of such amounts 

9 and on specific, pre-cleared systems and train10 ing that reduce risk to Taiwan and the United 

11 States by deterring the People’s Liberation 

12 Army. 

13 (c) UPDATED INTERAGENCY POLICY AND GUID14 ANCE.— 

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

16 after the date of the enactment of this Act, the Sec17 retary of State and the Secretary of Defense shall 

18 review and update interagency written policy and 

19 implementation guidance related to the Taiwan Re20 lations Act (Public Law 96–8). 

21 (2) ELEMENTS.—The updated policy and guid22 ance required under paragraph (1) shall— 

23 (A) reflect the Foreign Military Sales 

24 prioritization requirements under section 3; and 


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1 (B) update obsolete policy guidance based 

2 on ‘‘arms of a defensive character’’ to a policy 

3 based on deterring the People’s Liberation 

4 Army, including the provision of arms designed 

5 to deter an invasion, whether arms of a defen6 sive or offensive nature. 

7 SEC. 5. AMENDMENTS TO TAIWAN RELATIONS ACT. 

8 (a) POLICY.—Section 2(b)(5) of the Taiwan Rela9 tions Act (22 U.S.C. 3301(b)(5)) is amended by striking 

10 ‘‘arms of a defensive character’’ and inserting ‘‘arms con11 ducive to the deterrence of acts of aggression by the Peo12 ple’s Liberation Army’’. 

13 (b) PROVISION OF DEFENSE ARTICLES AND SERV14 ICES.—Section 3(a) of the Taiwan Relations Act (22 

15 U.S.C. 3302(a)) is amended by striking ‘‘such defense ar16 ticles and defense services in such quantity as may be nec17 essary to enable Taiwan to maintain a sufficient self-de18 fense capability’’ and inserting ‘‘such defense articles and 

19 defense services in such quantity as may be necessary to 

20 enable Taiwan to implement a strategy of denial and deter 

21 acts of aggression 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 new subsection: 


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1 ‘‘(e) SECURITY COOPERATION AND DETERRENCE OF

2 USE OF FORCE BY PEOPLE’S LIBERATION ARMY.—Noth3 ing in this Act, nor the facts of the President’s action in 

4 extending diplomatic recognition to the People’s Republic 

5 of China, the absence of diplomatic relations between the 

6 people of Taiwan and the United States, or the lack of 

7 formal recognition by the United States, and attendant 

8 circumstances thereto, shall be construed to constitute a 

9 legal or practical obstacle to any otherwise lawful action 

10 of the President or of any United States Government 

11 agency that is needed to advance or protect United States 

12 interests pertaining to Taiwan, including actions intended 

13 to strengthen security cooperation between the United 

14 States and Taiwan or to otherwise deter the use of force 

15 against Taiwan by the People’s Liberation Army.’’. 

16 SEC. 6. COMPREHENSIVE TRAINING PROGRAM. 

17 (a) IN GENERAL.—The Secretary of Defense shall es18 tablish a comprehensive training program with Taiwan de19 signed to achieve interoperability and improve Taiwan’s 

20 defense capabilities. The training program should include 

21 joint United States-Taiwan contingency tabletop exercises, 

22 war games, full-scale military exercises, and an enduring 

23 rotational United States military advisory group large 

24 enough to ensure Taiwan maintains force readiness and 

25 can fully utilize United States technologies released 


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1 through the Foreign Military Sales and Foreign Military 

2 Financing programs. 

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

4 the date of the enactment of this Act, and annually there5 after for 10 years, the Secretary of Defense shall submit 

6 to the Committee on Armed Services of the Senate and 

7 the Committee on Armed Services of the House of Rep8 resentatives a report on the establishment and implemen9 tation of the comprehensive training program required 

10 under subsection (a). 

11 SEC. 7. MILITARY PLANNING MECHANISM. 

12 The Secretary of Defense shall establish a high-level 

13 military planning mechanism between the United States 

14 and Taiwan to oversee a Joint and Combined Exercise 

15 Program and coordinate International Military Education 

16 and Training assistance and professional exchanges aimed 

17 at determining and coordinating the acquisition of capa18 bilities for both United States and Taiwan military forces 

19 to address the needs of currently anticipated and future 

20 contingencies. The mechanism may be modeled after the 

21 Joint United States Military Advisory Group Thailand, or 

22 any such similar existing arrangement, as determined by 

23 the Secretary of Defense. 


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1 SEC. 8. PROHIBITION ON DOING BUSINESS IN CHINA. 

2 Any contractor awarded a Department of Defense 

3 contract shall be required, as a condition of receiving such 

4 contract, not to conduct any business in the People’s Re5 public of China. Noncompliance with such requirement 

6 shall be grounds for termination of the contract. 

Æ 


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