II 117th CONGRESS 2d Session S. 4331 IN THE SENATE OF THE UNITED STATES May 26, 2022 Ms. Duckworth (for herself, Ms. Rosen , Mr. Tillis , Mr. Blumenthal , Mrs. Fischer , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require a plan on emergency military assistance to Taiwan and other support to Taiwan's defensive capabilities, and for other purposes.

1. Short title This Act may be cited as the Strengthen Taiwan's Security Act of 2022 . 2. Annual report on the ability of the United States to support defensive capabilities of Taiwan (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress, a report on the ability of the United States to support the defensive capabilities of Taiwan. (b) Elements (1) In general The elements described in this paragraph are the following: (A) An assessment of the implications of current levels of pre-positioned war reserve materiel on the ability of the United States to respond to a natural disaster in or military invasion of Taiwan, with respect to— (i) providing military or nonmilitary aid to the Government of Taiwan; and (ii) sustaining military installations and other infrastructure of the United States in the Indo-Pacific region. (B) An evaluation of the use by the United States Government of privileges available with respect to Taiwan under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), including war reserve stockpiles for allies and pre-positioned facilities. (C) An assessment of ways the United States Government could employ such privileges to support the defensive capabilities of Taiwan in the event of a military invasion. (D) An assessment of the current intelligence, surveillance, and reconnaissance capabilities of Taiwan and any existing gaps in such capabilities. (E) An evaluation of options to enhance such capabilities, that includes for each such option— (i) a description of— (I) the gaps addressed; (II) the resources required for implementation; and (III) the potential constraints with respect to implementation; (ii) projected timeline for implementation; and (iii) any other consideration the Secretary of Defense considers necessary. (2) Initial report The initial report required by subsection (a) shall include the following: (A) The elements described in paragraph (1). (B) The plan required by subsection (c). (3) Additional reports The second and any subsequent report required by subsection (a) shall include the following: (A) The elements described in paragraph (1). (B) A summary of changes to pre-positioned war reserve materiel of the United States in the Indo-Pacific region as reported by the Armed Forces since the preceding report. (C) A summary of investments made by Taiwan in intelligence, surveillance, and reconnaissance capabilities since the preceding report. (D) Any updates to the plan required by subsection (c), as determined by the Secretary of Defense. (c) Plan for emergency military assistance (1) In general The Secretary of Defense, in close consultation with the Taiwan Ministry of Defense of Taiwan and the military forces of Taiwan, shall develop a plan for the United States to use, to the maximum extent practicable, existing authorities or programs to expedite military assistance to Taiwan necessary for Taiwan to defend itself in the event of a military invasion. (2) Elements The plan required by paragraph (1) shall include the following: (A) A list of defense articles of the United States that may, with pre-approved authority, be transferred to Taiwan during a military invasion. (B) A list of measures to be prioritized to assist Taiwan during a military invasion, including— (i) prioritization of delivery of excess defense articles to Taiwan; (ii) use by the Secretary of Defense of the lease authority and the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act ( 22 U.S.C. 2795 ); (iii) use of the presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ); (iv) use of presidential authority to lend or lease defense articles to the Government of Taiwan; and (v) temporary expedited congressional review of arms sales to Taiwan. (C) An assessment of methods that could be used to deliver aid to Taiwan during a military invasion of Taiwan, including— (i) the feasibility of employing such methods in different scenarios; and (ii) recommendations for improving the ability of the Armed Forces to deliver assistance to Taiwan. (D) An assessment of additional assistance that could be provided to Taiwan if additional authority is granted. (d) Form Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 3. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Military invasion The term military invasion includes— (A) an amphibious landing or assault; (B) an airborne operation or air assault; (C) an aerial bombardment or blockade; (D) missile attacks, including rockets, ballistic missiles, cruise missiles, and hypersonic missiles; and (E) a naval bombardment or blockade. (3) Natural disaster The term natural disaster means a disaster caused by natural forces, including extreme weather events, sea-level rise, or extreme drought conditions.