S.Amdt. 4481Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4481

Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

Submitted

SA 4481. Mr. ROMNEY (for himself and Mr. Kelly) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 1253. ENHANCING DEFENSIVE ASYMMETRIC CAPABILITIES OF
TAIWAN.

(a) Findings.--Congress finds the following:
(1) President Xi of the People's Republic of China has--
(A) declared that reunification of the People's Republic of
China and Taiwan must occur; and
(B) not excluded using force as a means to accomplish such
reunification.
(2) The People's Republic of China is taking aggressive
actions toward Taiwan through frequent air incursions,
including by sending 149 airplanes from the People's Republic
of China into the air defense zone of Taiwan from October 1
through October 4, 2021.
(3) The defense policy of the United States towards Taiwan
continues to be governed by the Taiwan Relations Act of 1979
(Public Law 96-8; 22 U.S.C. 3301 et seq.).
(b) Statement of Policy.--It is the policy of the United
States to support efforts by Taiwan to defend itself from
aggression and the potential use of force by the People's
Republic of China by enhancing its defensive asymmetric
capabilities.
(c) Assessment of Defensive Asymmetric Capabilities of
Taiwan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Director of
National Intelligence, and the head of any other Federal
department or agency the Secretary of Defense considers
appropriate, shall submit to the appropriate congressional
committees a report on the defensive

[[Page S7984]]

asymmetric capabilities of Taiwan and options for the United
States to enhance such capabilities.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A comprehensive description and assessment of scenarios
and likely outcomes with respect to a possible use of force
against Taiwan by the People's Republic of China, compiled
from existing descriptions and assessments from Federal
departments and agencies.
(B) An assessment of the defensive asymmetric capabilities
of Taiwan, including--
(i) a description and assessment of the current defensive
asymmetric capabilities of Taiwan; and
(ii) a description of the defensive asymmetric capabilities
necessary for Taiwan to successfully alter scenarios and
likely outcomes with respect to a possible use of force by
the People's Republic of China against Taiwan, including the
estimated cost of such capabilities.
(C) An assessment of options for the United States to
support Taiwan's defense budgeting and procurement process in
a manner that facilitates sustained investment in
capabilities aligned with the asymmetric defense strategy of
Taiwan, including--
(i) a review of technical advisory options for enhancing
defense budgeting across military services in Taiwan;
(ii) an evaluation of any administrative, institutional, or
personnel barrier, in the United States or Taiwan, to
implementing the options described in clause (i);
(iii) an evaluation of the most appropriate entities within
the Department of Defense to lead such options;
(iv) an evaluation of the appropriate entities within the
Ministry of National Defense of Taiwan and the National
Security Council of Taiwan to participate in such options;
and
(v) a description of additional personnel, resources, and
authorities in Taiwan or the United States that may be
required to implement such options.
(D) An assessment of the merits, including any potential
risks or costs, of other policy options to support the
enhancement of the defensive asymmetric capabilities of
Taiwan identified under subparagraph (B)(ii), including--
(i) assisting Taiwan in the domestic production of such
capabilities, including through the transfer of intellectual
property or co-development or co-production arrangements; and
(ii) establishing a permanent fund to support regular
investment by Taiwan in such capabilities.
(E) With respect to each element required by subparagraphs
(A) through (D), a description of any lack of consensus and
alternative views and analyses.
(d) Strategy for Engagement With Taiwan To Enhance
Defensive Asymmetric Capabilities.--Not later than 60 days
after the date on which the report required under subsection
(c) is submitted, the Secretary of Defense, in coordination
with the Secretary of State and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report detailing a strategy for engagement with
Taiwan to enhance the defensive asymmetric capabilities of
Taiwan, including--
(1) diplomatic and military engagement with Taiwan to
support the enhancement of the defensive asymmetric
capabilities identified under subsection (c)(2)(B)(ii); and
(2) support for the successful deployment of such
capabilities by Taiwan, including through necessary training.
(e) Increased Sales of Defensive Asymmetric Capabilities to
Taiwan.--Not later than 60 days after the date on which the
report required under subsection (d) is submitted, the
Secretary of State shall--
(1) initiate negotiations with Taiwan with the goal of
significantly increasing the sale to Taiwan of the defensive
asymmetric capabilities identified under subsection
(c)(2)(B)(ii); and
(2) every 180 days after the initiation of such
negotiations, brief the appropriate congressional committees
on the status of such negotiations.
(f) Form of Reports.--The reports required under this
section shall be submitted in classified form but may include
an unclassified annex.
(g) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Appropriations of the House of
Representatives.
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