Taiwan Invasion Prevention Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 477 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 477

  To authorize the President to use military force for the purpose of 
   securing and defending Taiwan against armed attack, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

  Mr. Scott of Florida introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To authorize the President to use military force for the purpose of 
   securing and defending Taiwan against armed attack, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taiwan Invasion Prevention Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

Sec. 101. Findings; sense of Congress.
Sec. 102. Authorization for use of United States Armed Forces.
                        TITLE II--OTHER MATTERS

Sec. 201. Regional security dialogue to improve security relationships 
                            in the Western Pacific area.
Sec. 202. United States-Taiwan bilateral trade agreement.
Sec. 203. United States-Taiwan combined military exercises and related 
                            actions.
Sec. 204. Sense of Congress regarding United States support for 
                            defending Taiwan.
Sec. 205. High-level visits.
Sec. 206. Sense of Congress regarding address to joint session of 
                            Congress by President of Taiwan.

      TITLE I--AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES

SEC. 101. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Taiwan is a free and prosperous democracy of nearly 
        24,000,000 people and is an important contributor to peace and 
        stability around the world.
            (2) Section 2(b) of the Taiwan Relations Act (Public Law 
        96-8; 22 U.S.C. 3301(b)) states that it is the policy of the 
        United States--
                    (A) ``to preserve and promote extensive, close, and 
                friendly commercial, cultural, and other relations 
                between the people of the United States and the people 
                on Taiwan, as well as the people on the China mainland 
                and all other peoples of the Western Pacific area'';
                    (B) ``to declare that peace and stability in the 
                area are in the political, security, and economic 
                interests of the United States, and are matters of 
                international concern'';
                    (C) ``to make clear that the United States decision 
                to establish diplomatic relations with the People's 
                Republic of China rests upon the expectation that the 
                future of Taiwan will be determined by peaceful 
                means'';
                    (D) ``to consider any effort to determine the 
                future of Taiwan by other than peaceful means, 
                including by boycotts or embargoes, a threat to the 
                peace and security of the Western Pacific area and of 
                grave concern to the United States'';
                    (E) ``to provide Taiwan with arms of a defensive 
                character''; and
                    (F) ``to maintain the capacity of the United States 
                to resist any resort to force or other forms of 
                coercion that would jeopardize the security, or the 
                social or economic system, of the people on Taiwan''.
            (3) Since the election of President Tsai Ing-wen as 
        President of Taiwan in 2016, the Government of the People's 
        Republic of China has intensified its efforts to pressure 
        Taiwan through diplomatic isolation and military provocations.
            (4) The rapid modernization of the People's Liberation Army 
        and recent military maneuvers in and around the Taiwan Strait 
        illustrate a clear threat to Taiwan's security.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) both the United States and Taiwan have made significant 
        strides since 1979 in bolstering their defense relationship;
            (2) the People's Republic of China has dramatically 
        increased the capability of its military forces since 1979;
            (3) the People's Republic of China has in recent years 
        increased the use of its military forces to harass and provoke 
        Taiwan with the threat of overwhelming force; and
            (4) it is the policy of the United States to consider any 
        effort to determine the future of Taiwan by anything other than 
        peaceful means, including by boycotts or embargoes, a threat to 
        the peace and security of the Western Pacific area, and of 
        grave concern to the United States.

SEC. 102. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

    (a) In General.--The President is authorized to use the Armed 
Forces of the United States and take such other measures as the 
President determines to be necessary and appropriate in order to secure 
and protect Taiwan against--
            (1) a direct armed attack by the military forces of the 
        People's Republic of China against the military forces of 
        Taiwan;
            (2) the taking of territory under the effective 
        jurisdiction of Taiwan by the military forces of the People's 
        Republic of China; or
            (3) the endangering of the lives of members of the military 
        forces of Taiwan or civilians within the effective jurisdiction 
        of Taiwan in cases in which such members or civilians have been 
        killed or are in imminent danger of being killed.
    (b) War Powers Resolution Requirements.--
            (1) Specific statutory authorization.--Consistent with 
        section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
        1547(a)(1)), Congress declares that this section is intended to 
        constitute specific statutory authorization within the meaning 
        of section 5(b) of the War Powers Resolution (50 U.S.C. 
        1544(b)).
            (2) Applicability of other requirements.--Nothing in this 
        Act may be construed to supersede any requirement of the War 
        Powers Resolution (50 U.S.C. 1541 et seq.).
    (c) Sense of Congress.--It is the sense of Congress that, at the 
earliest possible date after the date of the enactment of this Act, the 
President should release a public declaration that it is the policy of 
the United States to secure and protect Taiwan against any action of 
the People's Republic of China described in paragraph (1), (2), or (3) 
of subsection (a).
    (d) Statement of Policy.--It is the policy of the United States to 
demand that the People's Republic of China officially renounce the use 
or threat of military force in any attempt to unify with Taiwan.
    (e) Authorization Period.--
            (1) In general.--The authorization for use of the Armed 
        Forces under this section shall expire on the date that is 5 
        years after the date of the enactment of this Act.
            (2) Sense of congress.--It is the sense of Congress that 
        the authorization for use of the Armed Forces under this 
        section should be reauthorized by a subsequent Act of Congress.

                        TITLE II--OTHER MATTERS

SEC. 201. REGIONAL SECURITY DIALOGUE TO IMPROVE SECURITY RELATIONSHIPS 
              IN THE WESTERN PACIFIC AREA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of State and the heads of other relevant Federal 
agencies, as appropriate, shall seek to convene, on an annual basis, a 
regional security dialogue with the Government of Taiwan and the 
governments of like-minded security partners to improve the security 
relationships among the United States and such countries in the Western 
Pacific area.
    (b) Matters To Be Included.--The regional security dialogue may 
consider matters relating to--
            (1) coordinating lower-level military-to-military dialogue; 
        and
            (2) planning for potential military confrontation 
        scenarios.

SEC. 202. UNITED STATES-TAIWAN BILATERAL TRADE AGREEMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the United States Trade Representative should seek to enter into 
negotiations with representatives from Taiwan to establish a bilateral 
trade agreement between the United States and Taiwan.

SEC. 203. UNITED STATES-TAIWAN COMBINED MILITARY EXERCISES AND RELATED 
              ACTIONS.

    (a) Combined Military Exercises.--The Secretary of Defense, in 
coordination with the heads of other relevant Federal agencies, should 
seek to carry out a program of combined military exercises between the 
United States, Taiwan, and, if feasible, other United States allies and 
partners to improve military coordination and relations with Taiwan.
    (b) Combined Disaster Relief Exercises.--The Secretary of Defense, 
in coordination with the heads of other relevant Federal agencies, 
should engage with their counterparts in Taiwan to organize combined 
disaster and humanitarian relief exercises.
    (c) Taiwan Strait Transits, Freedom of Navigation Operations, and 
Presence Operations.--The Secretary of Defense should consider 
increasing transits through the Taiwan Strait, freedom of navigation 
operations in the Taiwan Strait, and presence operations in the Western 
Pacific by the United States Navy, including in conjunction with United 
States allies and partners.
    (d) Sense of Congress.--It is the sense of Congress that Taiwan 
should dedicate additional domestic resources toward advancing its 
military readiness for purposes of defending Taiwan, including 
through--
            (1) steady increases in annual defense spending as a share 
        of gross domestic product;
            (2) procurements of defense technologies that directly 
        bolster Taiwan's asymmetric defense capabilities;
            (3) reform of Taiwan's military reserves, including 
        increasing the length of training required and number of days 
        required in service annually;
            (4) participation with United States Armed Forces in 
        combined military exercises; and
            (5) further engagement with the United States on 
        strengthening Taiwan's cyber capabilities.

SEC. 204. SENSE OF CONGRESS REGARDING UNITED STATES SUPPORT FOR 
              DEFENDING TAIWAN.

    It is the sense of Congress that--
            (1) given the security considerations posed by the People's 
        Republic of China, the Secretary of State should accelerate the 
        approval of sales of defense articles and services to Taiwan 
        for purposes of defending Taiwan; and
            (2) the Secretary of Defense should offer support to Taiwan 
        by--
                    (A) continuing to send United States military 
                advisors to Taiwan for training purposes;
                    (B) encouraging members of the United States Armed 
                Forces to enroll in Taiwan's National Defense 
                University;
                    (C) maintaining a significant United States naval 
                presence within a close proximity to Taiwan; and
                    (D) reestablishing the Taiwan Patrol Force under 
                the direction of the United States Navy.

SEC. 205. HIGH-LEVEL VISITS.

    (a) Visit to Taiwan by President of the United States.--Not later 
than 1 year after the date of the enactment of this Act, the President 
or the Secretary of State (if designated by the President), with 
appropriate interagency consultation and participation, should arrange 
a meeting in Taiwan with the President of Taiwan.
    (b) Visit to the United States by President of Taiwan.--It is the 
sense of Congress that the United States would benefit from a meeting 
in the United States between the President or the Secretary of State 
and the President of Taiwan.

SEC. 206. SENSE OF CONGRESS REGARDING ADDRESS TO JOINT SESSION OF 
              CONGRESS BY PRESIDENT OF TAIWAN.

    It is the sense of Congress that it would be beneficial for the 
United States and Taiwan to invite the President of Taiwan to address a 
joint session of Congress and subsequently participate in a roundtable 
discussion with members of Congress.
                                 &lt;all&gt;
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