S.Amdt. 5596
What it does: Adds SEC. 1254. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION FOR TAIWAN at the end of subtitle D of title XII
Sen. Josh Hawley (R-MO)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1254. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION FOR TAIWAN at the end of subtitle D of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.
Inserted: SEC. 1254. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION FOR TAIWAN.
Inserted: (a) Sense of Congress.--It is the sense of Congress that--
Inserted: (1) the United States has a strong interest, in accordance with its obligations under the Taiwan Relations Act (22 U.S.C. 3301 et seq.), in ensuring that Taiwan has all resources necessary to defend itself, especially by asymmetric ways and means, against military action by the People's Republic of China;
Inserted: (2) the threat of military action by the People's Republic of China against Taiwan is growing more rapidly than many anticipated, with the current and former commanders of the United States Indo-Pacific Command testifying that the Government of the People's Republic of China may view the local military balance over Taiwan as favorable to an invasion well before 2035 and potentially as soon as 2027;
Inserted: (3) it is imperative that the United States provide Taiwan with defensive resources with urgency, not only so that Taiwan can better defend itself against military action by the People's Republic of China, but also to reduce the operational risk to the United States Armed Forces, if the President commits such forces to Taiwan's defense following the initiation of hostilities by the Government of the People's Republic of China;
Inserted: (4) the inclusion of Taiwan in Country Group A:5 under Supplement No. 1 to part 740 of the Export Administration Regulations would address the need described in paragraph (3) by allowing Taiwan to acquire critical asymmetric defensive capabilities on an expedited basis, including undersea sensors, naval mines, man-portable air defense systems, and unmanned aerial vehicles, pursuant to the strategic trade authorization license exception under section 740.20 of the Export Administration Regulations; and
Inserted: (5) Taiwan has been designated a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).
Inserted: (b) Strategic Trade Authorization License Exception for Taiwan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall revise part 740 of the Export Administration Regulations to remove Taiwan from Country Group A:6 and add it to Country Group A:5.
Inserted: (c) Definition of Export Administration Regulations.--In this section, the term "Export Administration Regulations" has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
Original wording
At the end of subtitle D of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5596. Mr. HAWLEY submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 D of title XII, add the following:
SEC. 1254. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION FOR TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States has a strong interest, in accordance with its obligations under the Taiwan Relations Act (22 U.S.C. 3301 et seq.), in ensuring that Taiwan has all resources necessary to defend itself, especially by asymmetric ways and means, against military action by the People's Republic of China;
(2) the threat of military action by the People's Republic of China against Taiwan is growing more rapidly than many anticipated, with the current and former commanders of the United States Indo-Pacific Command testifying that the Government of the People's Republic of China may view the local military balance over Taiwan as favorable to an invasion well before 2035 and potentially as soon as 2027;
(3) it is imperative that the United States provide Taiwan with defensive resources with urgency, not only so that Taiwan can better defend itself against military action by the People's Republic of China, but also to reduce the operational risk to the United States Armed Forces, if the President commits such forces to Taiwan's defense following the initiation of hostilities by the Government of the People's Republic of China;
(4) the inclusion of Taiwan in Country Group A:5 under Supplement No. 1 to part 740 of the Export Administration Regulations would address the need described in paragraph (3) by allowing Taiwan to acquire critical asymmetric defensive capabilities on an expedited basis, including undersea sensors, naval mines, man-portable air defense systems, and unmanned aerial vehicles, pursuant to the strategic trade authorization license exception under section 740.20 of the Export Administration Regulations; and
(5) Taiwan has been designated a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).
(b) Strategic Trade Authorization License Exception for Taiwan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall revise part 740 of the Export Administration Regulations to remove Taiwan from Country Group A:6 and add it to Country Group A:5.
(c) Definition of Export Administration Regulations.--In this section, the term “Export Administration Regulations” has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
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Senate amendment submitted
September 22, 2022