II 118th CONGRESS 2d Session S. 4097 IN THE SENATE OF THE UNITED STATES April 10, 2024 Mr. Hagerty (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modernize the defense capabilities of the Philippines, and for other purposes.

1. Short title This Act may be cited as the Philippines Enhanced Resilience Act or the PERA Act . 2. Modernizing the defense capabilities of the Philippines (a) Use of authorities The Secretary of State, in consultation with the Secretary of Defense, shall use the authorities under this section— (1) to strengthen the United States-Philippines alliance; and (2) to support the acceleration of the modernization of the defense capabilities of the Philippines. (b) Purpose In addition to the purposes otherwise authorized for Foreign Military Financing programs under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), a purpose of such programs shall be to provide assistance, including equipment, training, and other support, to modernize the defense capabilities of the Armed Forces of the Philippines— (1) to safeguard the territorial sovereignty of the Philippines; (2) to improve maritime domain awareness; (3) to counter coercive military activities; (4) to improve the military and civilian infrastructure and capabilities necessary to prepare for regional contingencies; and (5) to strengthen cooperation between the United States and the Philippines on counterterrorism-related efforts. (c) Annual spending plan Not later than March 1, 2025, and annually thereafter for a period of 5 years, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a plan describing how amounts authorized to be appropriated pursuant to subsection (e), if made available, would be used to achieve the purpose described in subsection (b). (d) Annual report on enhancing the United States-Philippines defense relationship (1) Report Not later than 270 days after the date of the enactment of this Act, and annually thereafter for a period of 7 years, the Secretary of State, in consultation with the Secretary of Defense, and in consultation with such other heads of Federal departments and agencies as the Secretary of State considers appropriate, shall submit to the appropriate congressional committees a report that describes steps taken to enhance the United States-Philippines defense relationship. (2) Matters to be included Each report required under paragraph (1) shall include the following: (A) A description of the capabilities needed to modernize the defense capabilities of the Philippines, including with respect to— (i) coastal defense; (ii) long-range fires; (iii) integrated air defenses; (iv) maritime security; (v) manned and unmanned aerial systems; (vi) mechanized ground mobility vehicles; (vii) intelligence, surveillance, and reconnaissance; (viii) defensive cybersecurity; and (ix) any other defense capabilities that the Secretary of State determines, including jointly with the Philippines, are crucial to the defense of the Philippines. (B) A description of additional statutory authorities and funding levels required to provide support for and cooperation with the Philippines on the capabilities described in subparagraph (A). (3) Form Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (e) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for Foreign Military Financing grant assistance for the Philippines $500,000,000 for each of fiscal years 2024 through 2029. (f) Use of funds Of the amounts authorized to be appropriated pursuant to subsection (e), the Secretary of State shall obligate and expend not less than $500,000 each fiscal year for one or more blanket order agreements for Foreign Military Financing training programs related to the defense needs of the Philippines. (g) Sunset provision Assistance may not be provided under this section after September 30, 2030. (h) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Blanket order agreement The term blanket order agreement means an agreement between a foreign customer and the United State Government for a specific category of items or services (including training) that— (A) does not include a definitive list of items or quantities; and (B) specifies a dollar ceiling against which orders may be placed.