S.Amdt. 6259

1. Adds Subtitle G--Implementation of an Enhanced Defense Partnership Between the United States and Taiwan SEC. 1281. DEFINITIONS at the end of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

   Inserted: Subtitle G--Implementation of an Enhanced Defense Partnership Between the United States and Taiwan SEC. 1281. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Appropriate committees of congress.--Except as otherwise provided in this subtitle, the term "appropriate committees of Congress" means--

   Inserted: (A) the Committee on Foreign Relations of the Senate;

   Inserted: (B) the Committee on Armed Services of the Senate;

   Inserted: (C) the Committee on Appropriations of the Senate;

   Inserted: (D) the Committee on Foreign Affairs of the House of Representatives;

   Inserted: (E) the Committee on Armed Services of the House of Representatives; and

   Inserted: (F) the Committee on Appropriations of the House of Representatives.

   Inserted: (2) Government in taiwan.--The term "government in Taiwan" means the national-level government and its administrative units at the municipal, county, and local levels in Taiwan, including its representatives overseas.

   Inserted: (3) People's liberation army; pla.--The terms "People's Liberation Army" and "PLA" mean the armed forces of the People's Republic of China.

   Inserted: SEC. 1282. AMENDMENTS TO THE TAIWAN RELATIONS ACT.

   Show 258 more inserted paragraphsShow less

   Inserted: (a) Declaration of Policy.--Section 2(b)(5) of the Taiwan Relations Act (22 U.S.C. 3301(b)(5)) is amended by inserting "and arms conducive to deterring acts of aggression by the People's Liberation Army" after "arms of a defensive character".

   Inserted: (b) Provision of Defense Articles and Services.--Section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is amended by inserting "and to implement a strategy to deny and deter acts of coercion or aggression by the People's Liberation Army" after "to maintain a sufficient self-defense capability".

   Inserted: (c) Rule of Construction.--Section 4 of the Taiwan Relations Act (22 U.S.C. 3303) is amended by adding at the end the following:

   Inserted: "(e) Rule of Construction.--Nothing in this Act, nor the President's action in extending diplomatic recognition to the People's Republic of China, nor the absence of diplomatic relations between the people of Taiwan and the United States, and nor the lack of formal recognition of Taiwan by the United States, and any related circumstances, may be construed to constitute a legal or practical obstacle to any otherwise lawful action of the President or of any United States Government agency that is needed to advance or protect United States interests pertaining to Taiwan, including actions intended to strengthen security cooperation between the United States and Taiwan or to otherwise deter the use of force against Taiwan by the People's Liberation Army.".

   Inserted: SEC. 1283. ANTICIPATORY PLANNING AND ANNUAL REVIEW OF THE UNITED STATES' STRATEGY TO DETER THE USE OF FORCE BY THE PEOPLE'S REPUBLIC OF CHINA TO CHANGE THE STATUS QUO OF TAIWAN.

   Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of Defense shall--

   Inserted: (1) conduct a classified review of the United States strategy to deter the use of force by the People's Republic of China to change the status quo of Taiwan; and

   Inserted: (2) share the results of such review with the Chairman and Ranking Member of the appropriate committees of Congress.

   Inserted: (b) Elements.--The review conducted pursuant to subsection (a) shall include--

   Inserted: (1) an assessment of Taiwan's current and near-term capabilities, United States force readiness, and the adequacy of the United States' strategy to deter the use of force by the People's Republic of China to change the status quo of Taiwan;

   Inserted: (2) a detailed strategy of deterrence and denial to defend Taiwan against aggression by the People's Liberation Army, including an effort to seize and hold the island of Taiwan;

   Inserted: (3) a comprehensive assessment of risks to the United States and United States' interests, including readiness shortfalls that pose strategic risk;

   Inserted: (4) a review of indicators of the near-term likelihood of the use of force by the People's Liberation Army against Taiwan; and

   Inserted: (5) a list of military capabilities, including capabilities that enable a strategy of deterrence and denial, that--

   Inserted: (A) would suit the operational environment and allow Taiwan to respond effectively to a variety of contingencies across all potential phases of conflict involving the People's Liberation Army; and

   Inserted: (B) would reduce the threat of conflict, deter the use of force by the People's Republic of China, thwart an invasion, and mitigate other risks to the United States and Taiwan.

   Inserted: SEC. 1284. JOINT ASSESSMENT.

   Inserted: (a) In General.--The Secretary of State, in consultation with the Secretary of Defense, shall establish and maintain a joint consultative mechanism with Taiwan that convenes on a recurring basis--

   Inserted: (1) to develop a joint assessment of, and coordinate planning with respect to, the threats Taiwan faces from the People's Republic of China across the spectrum of possible military action; and

   Inserted: (2) to identify nonmaterial and material solutions to deter and, if necessary, defeat such threats.

   Inserted: (b) Integrated Priorities List.--In carrying out subsection (a), the Secretary of Defense, in consultation with the Secretary of State, shall develop with Taiwan--

   Inserted: (1) an integrated priorities list;

   Inserted: (2) relevant plans for acquisition and training for relevant nonmaterial and material solutions; and

   Inserted: (3) other measures to appropriately prioritize the defense needs of Taiwan to maintain effective deterrence across the spectrum of possible military action by the People's Republic of China.

   Inserted: (c) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of Defense, in consultation with the Secretary of State, shall submit a report to the appropriate committees of Congress that describes the joint assessment developed pursuant to subsection (a)(1).

   Inserted: SEC. 1285. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO DETER AND, IF NECESSARY, DEFEAT AGGRESSION BY THE PEOPLE'S REPUBLIC OF CHINA.

   Inserted: (a) Taiwan Security Programs.--The Secretary of State, in consultation with the Secretary of Defense, shall use the authorities under this section to strengthen the United States-Taiwan defense relationship, and to support the acceleration of the modernization of Taiwan's defense capabilities.

   Inserted: (b) Annual Report on Advancing the Defense of Taiwan.--

   Inserted: (1) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Relations of the Senate; and

   Inserted: (B) the Committee on Foreign Affairs of the House of Representatives.

   Inserted: (2) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary of State and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that describes steps taken to enhance the United States-Taiwan defense relationship and Taiwan's modernization of its-defense capabilities.

   Inserted: (3) Matters to be included.--Each report required under paragraph (2) shall include--

   Inserted: (A) an assessment of the commitment of Taiwan to implement a military strategy that will deter and, if necessary, defeat military aggression by the People's Republic of China, including the steps that Taiwan has taken and the steps that Taiwan has not taken towards such implementation;

   Inserted: (B) an assessment of the efforts of Taiwan to acquire and employ within its forces counterintervention capabilities, including--

   Inserted: (i) long-range precision fires;

   Inserted: (ii) integrated air and missile defense systems;

   Inserted: (iii) anti-ship cruise missiles;

   Inserted: (iv) land-attack cruise missiles;

   Inserted: (v) coastal defense;

   Inserted: (vi) anti-armor;

   Inserted: (vii) undersea warfare;

   Inserted: (viii) survivable swarming maritime assets;

   Inserted: (ix) manned and unmanned aerial systems;

   Inserted: (x) mining and countermining capabilities;

   Inserted: (xi) intelligence, surveillance, and reconnaissance capabilities;

   Inserted: (xii) command and control systems; and

   Inserted: (xiii) any other defense capabilities that the United States and Taiwan jointly determine are crucial to the defense of Taiwan, in accordance with the process developed pursuant to section 5203(a);

   Inserted: (C) an evaluation of the balance between conventional and counter intervention capabilities in the defense force of Taiwan as of the date on which the report is submitted;

   Inserted: (D) an assessment of steps taken by Taiwan to enhance the overall readiness of its defense forces, including--

   Inserted: (i) the extent to which Taiwan is requiring and providing regular and relevant training to such forces;

   Inserted: (ii) the extent to which such training is realistic to the security environment that Taiwan faces; and

   Inserted: (iii) the sufficiency of the financial and budgetary resources Taiwan is putting toward readiness of such forces;

   Inserted: (E) an assessment of steps taken by Taiwan to ensure that the Taiwan Reserve Command can recruit, train, and equip its forces;

   Inserted: (F) an evaluation of--

   Inserted: (i) the severity of manpower shortages in the military of Taiwan, including in the reserve forces;

   Inserted: (ii) the impact of such shortages in the event of a conflict scenario; and

   Inserted: (iii) the efforts made by the government in Taiwan to address such shortages;

   Inserted: (G) an assessment of the efforts made by Taiwan to boost its civilian defenses, including any informational campaigns to raise awareness among the population of Taiwan of the risks Taiwan faces;

   Inserted: (H) an assessment of the efforts made by Taiwan to secure its critical infrastructure, including in transportation, telecommunications networks, and energy;

   Inserted: (I) an assessment of the efforts made by Taiwan to enhance its cybersecurity, including the security of civilian government and military networks;

   Inserted: (J) an assessment of any significant gaps in any of the matters described in subparagraphs (A) through (I) with respect to which the United States assesses that additional action is needed;

   Inserted: (K) a description of cooperative efforts between the United States and Taiwan on the matters described in subparagraphs (A) through (J); and

   Inserted: (L) a description of any resistance within the government in Taiwan and the military leadership of Taiwan to--

   Inserted: (i) implementing the matters described in subparagraphs (A) through (I); or

   Inserted: (ii) United States' support or engagement with regard to such matters.

   Inserted: (4) Form.--The report required under paragraph (2) shall be submitted in classified form, but shall include a detailed unclassified summary.

   Inserted: (5) Sharing of summary.--The Secretary of State and the Secretary of Defense shall jointly share the unclassified summary required under paragraph (4) with the government and military of Taiwan.

   Inserted: (c) Authority To Provide Assistance.--The Secretary of State, in consultation with the Secretary of Defense, shall use amounts authorized pursuant to subsection (i) to provide assistance to the government in Taiwan to achieve the purpose described in subsection (d).

   Inserted: (d) 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.), the purpose of the Foreign Military Financing Program shall be to provide assistance, including equipment, training, and other support, to enable the Government and military of Taiwan--

   Inserted: (1) to accelerate the modernization of defense capabilities that will enable Taiwan to delay, degrade, and deny attempts by People's Liberation Army forces--

   Inserted: (A) to conduct coercive or grey zone activities;

   Inserted: (B) to achieve maritime control over the Taiwan Strait and adjoining seas;

   Inserted: (C) to secure a lodgment on any Taiwanese islands and expand or otherwise use such lodgment to seize control of a population center or other key territory in Taiwan; and

   Inserted: (2) to prevent the People's Republic of China from decapitating, seizing control of, or otherwise neutralizing or rendering ineffective the government in Taiwan.

   Inserted: (e) Regional Contingency Stockpile.--Of the amounts authorized to be appropriated pursuant to subsection (i), not more than $100,000,000 may be used during each of the fiscal years 2023 through 2032 to maintain a stockpile (if established under section 5211), in accordance with section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), as amended by section 5211.

   Inserted: (f) Availability of Funds.--

   Inserted: (1) Annual spending plan.--Not later than December 1, 2022, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, shall submit a plan to the appropriate committees of Congress describing how amounts authorized to be appropriated pursuant to subsection (i) will be used to achieve the purpose described in subsection (d).

   Inserted: (2) Certification.--Amounts authorized to be appropriated for each fiscal year pursuant to subsection (i) shall be made available for the purpose described in such subsection after the Secretary of State certifies to the appropriate committees of Congress that Taiwan has increased its defense spending relative to Taiwan's defense spending in its prior fiscal year, excepting accounts in Taiwan's defense budget related to personnel expenditures, (other than military training and education and any funding related to the All-Out Defense Mobilization Agency).

   Inserted: (3) Remaining funds.--

   Inserted: (A) In general.--Subject to subparagraph (B), amounts authorized to be appropriated for a fiscal year pursuant to subsection (i) that are not obligated and expended during such fiscal year shall be added to the amount that may be used for Foreign Military Financing to Taiwan in the subsequent fiscal year.

   Inserted: (B) Rescission.--Amounts appropriated pursuant to subsection (i) that remain unobligated on September 30, 2027 shall be rescinded and deposited into the general fund of the Treasury.

   Inserted: (g) Defense Articles and Services From the United States Inventory and Other Sources.--

   Inserted: (1) In general.--In addition to assistance provided pursuant to subsection (c), the Secretary of State, in coordination with the Secretary of Defense, may make available to the government in Taiwan, in such quantities as the Secretary of State considers appropriate for the purpose described in subsection (d)--

   Inserted: (A) weapons and other defense articles from the United States inventory and other sources; and

   Inserted: (B) defense services.

   Inserted: (2) Replacement.--The Secretary of State may use amounts authorized to be appropriated pursuant to subsection (i) for the cost of replacing any item provided to the government in Taiwan pursuant to paragraph (1)(A).

   Inserted: (h) Foreign Military Financing Loan and Loan Guarantee Authority.--

   Inserted: (1) Direct loans.--

   Inserted: (A) In general.--Notwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763), during fiscal years 2023 through 2027, the Secretary of State may make direct loans available for Taiwan pursuant to section 23 of such Act.

   Inserted: (B) Maximum obligations.--Gross obligations for the principal amounts of loans authorized under subparagraph (A) may not exceed $2,000,000,000.

   Inserted: (C) Source of funds.--

   Inserted: (i) Defined term.--In this subparagraph, the term "cost"--

   Inserted: (I) has the meaning given such term in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));

   Inserted: (II) shall include the cost of modifying a loan authorized under subparagraph (A); and

   Inserted: (III) may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States.

   Inserted: (ii) In general.--Amounts authorized to be appropriated pursuant to subsection (i) may be made available to pay for the cost of loans authorized under subparagraph (A).

   Inserted: (D) Fees authorized.--

   Inserted: (i) In general.--The Government of the United States may charge fees for loans made pursuant to subparagraph (A), which shall be collected from borrowers through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).

   Inserted: (ii) Limitation on fee payments.--Amounts made available under any appropriations Act for any fiscal year may not be used to pay any fees associated with a loan authorized under subparagraph (A).

   Inserted: (E) Repayment.--Loans made pursuant to subparagraph (A) shall be repaid not later than 12 years after the loan is received by the borrower, including a grace period of not more than 1 year on repayment of principal.

   Inserted: (F) Interest.--

   Inserted: (i) In general.--Notwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763(c)(1), interest for loans made pursuant to subparagraph (A) may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity.

   Inserted: (ii) Treatment of loan amounts used to pay interest.--Amounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.

   Inserted: (2) Loan guarantees.--

   Inserted: (A) In general.--Amounts authorized to be appropriated pursuant to subsection (i) may be made available for the costs of loan guarantees for Taiwan under section 24 of the Arms Export Control Act (22 U.S.C. 2764) for Taiwan to subsidize gross obligations for the principal amount of commercial loans and total loan principal, any part of which may be guaranteed, not to exceed $2,000,000,000.

   Inserted: (B) Maximum amounts.--A loan guarantee authorized under subparagraph (A)--

   Inserted: (i) may not guarantee a loan that exceeds $2,000,000,000; and

   Inserted: (ii) may not exceed 80 percent of the loan principal with respect to any single borrower.

   Inserted: (C) Subordination.--Any loan guaranteed pursuant to subparagraph (A) may not be subordinated to--

   Inserted: (i) another debt contracted by the borrower; or

   Inserted: (ii) any other claims against the borrower in the case of default.

   Inserted: (D) Repayment.--Repayment in United States dollars of any loan guaranteed under this paragraph shall be required not later than 12 years after the loan agreement is signed.

   Inserted: (E) Fees.--Notwithstanding section 24 of the Arms Export Control Act (22 U.S.C. 2764), the Government of the United States may charge fees for loan guarantees authorized under subparagraph (A), which shall be collected from borrowers, or from third parties on behalf of such borrowers, through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).

   Inserted: (F) Treatments of loan guarantees.--Amounts made available under this paragraph for the costs of loan guarantees authorized under subparagraph (A) shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.

   Inserted: (3) Notification requirement.--Amounts appropriated to carry out this subsection may not be expended without prior notification of the appropriate committees of Congress.

   Inserted: (i) Authorization of Appropriations.--

   Inserted: (1) 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 Taiwan Foreign Military Finance grant assistance--

   Inserted: (A) $250,000,000 for fiscal year 2023;

   Inserted: (B) $750,000,000 for fiscal year 2024;

   Inserted: (C) $1,500,000,000 for fiscal year 2025;

   Inserted: (D) $2,000,000,000 for fiscal year 2026; and

   Inserted: (E) $2,000,000,000 for fiscal year 2027.

   Inserted: (2) Training and education.--Of the amounts authorized to be appropriated under paragraph (1), the Secretary of State shall use not less than $2,000,000 per fiscal year for 1 or more blanket order Foreign Military Financing training programs related to the defense needs of Taiwan.

   Inserted: (j) Sunset Provision.--Assistance may not be provided under this section after September 30, 2032.

   Inserted: SEC. 1286. REQUIREMENTS REGARDING DEFINITION OF COUNTER INTERVENTION CAPABILITIES.

   Inserted: (a) Statement of Policy.--It is the policy of the United States--

   Inserted: (1) to ensure that requests by Taiwan to purchase arms from the United States are not prematurely rejected or dismissed before Taiwan submits a letter of request or other formal documentation, particularly when such requests are for capabilities that are not included on any United States Government priority lists of necessary capabilities for the defense of Taiwan; and

   Inserted: (2) to ensure close consultation among representatives of Taiwan, Congress, industry, and the Executive branch about requests referred to in paragraph (1) and the needs of Taiwan before Taiwan submits formal requests for such purchases.

   Inserted: (b) Reporting Requirement.--Not later than 45 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate committees of Congress--

   Inserted: (1) a list of categories of counter intervention capabilities and a justification for each such category; and

   Inserted: (2) a description of the degree to which the United States has a policy of openness or flexibility for the consideration of capabilities that may not fall within the scope of counter intervention capabilities included in the list required under paragraph (1), due to potential changes, such as--

   Inserted: (A) the evolution of defense technologies;

   Inserted: (B) the identification of new concepts of operation or ways to employ certain capabilities; and

   Inserted: (C) other factors that might change assessments by the United States and Taiwan of what constitutes counter intervention capabilities.

   Inserted: (c) Form.--The report required in this section shall be submitted in classified form.

   Inserted: SEC. 1287. COMPREHENSIVE TRAINING PROGRAM.

   Inserted: (a) In General.--The Secretary of State and the Secretary of Defense shall establish or expand a comprehensive training program with Taiwan designed to--

   Inserted: (1) achieve interoperability;

   Inserted: (2) familiarize the militaries of the United States and Taiwan with each other; and

   Inserted: (3) improve Taiwan's defense capabilities.

   Inserted: (b) Elements.--The training program should prioritize relevant and realistic training, including as necessary joint United States-Taiwan contingency tabletop exercises, war games, full-scale military exercises, and an enduring rotational United States military presence that assists Taiwan in maintaining force readiness and utilizing United States defense articles and services transferred from the United States to Taiwan.

   Inserted: (c) Annual Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a classified report that describes all training provided to the armed forces of Taiwan in the prior fiscal year, including a description of how such training--

   Inserted: (1) achieved greater interoperability;

   Inserted: (2) familiarized the militaries of the United States and Taiwan with each other; and

   Inserted: (3) improved Taiwan's defense capabilities.

   Inserted: SEC. 1288. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND RESILIENCE.

   Inserted: (a) Assessment Required.--Not later than 120 days after the date of enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and other cabinet Secretaries, as appropriate, shall submit a written assessment, with a classified annex, of Taiwan's needs in the areas of civilian defense and resilience to the appropriate committees of Congress, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: (b) Matters To Be Included.--The assessment required under subsection (a) shall--

   Inserted: (1) analyze the potential role of Taiwan's public and civilian assets in defending against various scenarios for foreign militaries to coerce or conduct military aggression against Taiwan;

   Inserted: (2) carefully analyze Taiwan's needs for enhancing its defensive capabilities through the support of civilians and civilian sectors, including--

   Inserted: (A) greater utilization of Taiwan's high tech labor force;

   Inserted: (B) the creation of clear structures and logistics support for civilian defense role allocation;

   Inserted: (C) recruitment and skills training for Taiwan's defense and civilian sectors;

   Inserted: (D) strategic stockpiling of resources related to critical food security and medical supplies; and

   Inserted: (E) other defense and resilience needs and considerations at the provincial, city, and neighborhood levels;

   Inserted: (3) analyze Taiwan's needs for enhancing resiliency among its people and in key economic sectors;

   Inserted: (4) identify opportunities for Taiwan to enhance communications at all levels to strengthen trust and understanding between the military, other government departments, civilian agencies and the general public, including--

   Inserted: (A) communications infrastructure necessary to ensure reliable communications in response to a conflict or crisis; and

   Inserted: (B) a plan to effectively communicate to the general public in response to a conflict or crisis; and

   Inserted: (5) identify the areas and means through which the United States could provide training, exercises, and assistance at all levels to support the needs discovered through the assessment and fill any critical gaps where capacity falls short of such needs.

   Inserted: (c) Form of Report.--Notwithstanding the classified nature of the assessment required under subsection (a), the assessment shall be shared with appropriate officials of the government in Taiwan to facilitate cooperation.

   Inserted: (d) Authorization of Appropriations.--

   Inserted: (1) In general.--There is authorized to be appropriated to complete the assessment required under subsection (a) --

   Inserted: (A) $500,000 for the Department of State; and

   Inserted: (B) $500,000 for the Department of Defense.

   Inserted: (2) Transfer authority.--The Secretary of State and the Secretary of Defense are authorized to transfer any funds appropriated to their respective departments pursuant to paragraph (1) to the Director of National Intelligence for the purposes of facilitating the contributions of the intelligence community to the assessment required under subsection (a).

   Inserted: SEC. 1289. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR TAIWAN.

   Inserted: (a) Sense of Congress.--It is the sense of Congress that the United States Government should appropriately prioritize the review of excess defense article transfers to Taiwan.

   Inserted: (b) Five-year Plan.--Not later than 90 days after the date of the enactment of this Act, the President shall--

   Inserted: (1) develop a 5-year plan to appropriately prioritize excess defense article transfers to Taiwan; and

   Inserted: (2) submit a report to the appropriate committees of Congress that describes such plan.

   Inserted: (c) Required Coordination.--The United States Government shall coordinate and align excess defense article transfers with capacity building efforts of Taiwan.

   Inserted: (d) Transfer Authority.--

   Inserted: (1) In general.--Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by striking "and to the Philippines" and inserting ", to the Philippines, and to Taiwan".

   Inserted: (2) Treatment of taiwan.--With respect to the transfer of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961, as amended by paragraph (1), Taiwan shall receive the same benefits as the other countries referred to in such section.

   Inserted: SEC. 1290. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES PROGRAM.

   Inserted: (a) Preclearance of Certain Foreign Military Sales Items.--

   Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense and in conjunction with coordinating entities such as the National Disclosure Policy Committee and the Arms Transfer and Technology Release Senior Steering Group, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program.

   Inserted: (2) Selection of items.--

   Inserted: (A) In general.--The items pre-cleared for sale pursuant to paragraph (1) shall represent a full range of capabilities required to implement a strategy of denial informed by United States readiness and risk assessments and determined by Taiwan to be required for various wartime scenarios and peacetime duties.

   Inserted: (B) Rule of construction.--The list compiled pursuant to paragraph (1) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program.

   Inserted: (C) Rule of construction.--Nothing in this subtitle shall be construed to supersede congressional notification requirements as required by the Arms Export Control Act (22 U.S.C. 2751 et. seq.) or any informal tiered review process for congressional notifications pertaining to Foreign Military Sales.

   Inserted: (b) Prioritized Processing of Foreign Military Sales Requests From Taiwan.--

   Inserted: (1) Requirement.--The Secretary of State and the Secretary of Defense shall prioritize and expedite the processing of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes.

   Inserted: (2) Duration.--The requirement under paragraph (1) shall continue until the Secretary of State determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the threat to Taiwan has significantly abated.

   Inserted: (c) Priority Production.--

   Inserted: (1) In general.--Contractors awarded Department of Defense contracts to provide items for sale to Taiwan under the Foreign Military Sales program should expedite and prioritize the production of such items above the production of other items.

   Inserted: (2) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of State and the Secretary of Defense shall jointly submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report describing what actions the Department of State and the Department of Defense have taken or are planning to take to prioritize Taiwan's Foreign Military Sales cases, and current procedures or mechanisms for determining that a Foreign Military Sales case for Taiwan should be prioritized above a sale to another country of the same or similar item.

   Inserted: (d) Interagency Policy.--The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance provisions of this section.

   Inserted: SEC. 1291. WHOLE-OF-GOVERNMENT DETERRENCE MEASURES TO RESPOND TO THE PEOPLE'S REPUBLIC OF CHINA'S FORCE AGAINST TAIWAN.

   Inserted: (a) Whole-of-government Review.--Not later than 14 days after the date of the enactment of this Act, the President shall convene the heads of all relevant Federal departments and agencies to conduct a whole-of-government review of all available economic, diplomatic, and other strategic measures to deter the use of force by the People's Republic of China to change the status quo of Taiwan.

   Inserted: (b) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, the Director of National Intelligence, and any other relevant heads of Federal departments and agencies shall provide a detailed briefing to the appropriate committees of Congress regarding--

   Inserted: (1) all available economic, diplomatic, and other strategic measures to deter the use of force by the People's Republic of China, including coercion, grey-zone tactics, assertions, shows of force, quarantines, embargoes, or other measures to change the status quo of Taiwan;

   Inserted: (2) efforts by the United States Government to deter the use of force by the People's Republic of China to change the status quo of Taiwan; and

   Inserted: (3) progress to date of all coordination efforts between the United States Government and its allies and partners with respect to deterring the use of force to change the status quo of Taiwan.

   Inserted: (c) Coordinated Consequences With Allies and Partners.--The Secretary of State shall--

   Inserted: (1) coordinate with United States allies and partners to identify and develop significant economic, diplomatic, and other measures to deter the use of force by the People's Republic of China to change the status quo of Taiwan; and

   Inserted: (2) announce, in advance, the severe consequences that would take effect immediately after the People's Republic of China engaged in any such use of force.

   Inserted: (d) Assignments for Defense Attaches.--The Secretary of State shall work with the Secretary of Defense to post resident Defense attaches in the Indo-Pacific region, particularly in locations where the People's Republic of China has a resident military attache and the United States does not have a comparable position.

   Inserted: (e) Classified Briefings.--The briefings required under this section shall take place in a classified setting.

   Inserted: SEC. 1292. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS AND SUPPORT FOR TAIWAN.

   Inserted: (a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2)(A)) is amended by striking "$200,000,000" and all that follows and inserting "$500,000,000 for any of the fiscal years 2023, 2024, or 2025.".

   Inserted: (b) Establishment.--Subject to section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a regional contingency stockpile for Taiwan that consists primarily of munitions.

   Inserted: (c) Inclusion of Taiwan Among Other Allies Eligible for Defense Articles.--Chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) is amended--

   Inserted: (1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by inserting "Taiwan," after "Thailand,"; and

   Inserted: (2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by inserting "to Taiwan," after "major non-NATO allies on such southern and southeastern flank,".

   Inserted: (d) Annual Briefing.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for 7 years, the President shall provide a briefing to the appropriate committees of Congress regarding the status of a regional contingency stockpile established under subsection (b).

   Inserted: SEC. 1293. TREATMENT OF TAIWAN AS A MAJOR NON-NATO ALLY.

   Inserted: Notwithstanding any other provision of law, Taiwan shall be treated as though it were designated a major non-NATO ally, as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q) et seq.), for the purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), section 2350a of title 10, United States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law.

   Inserted: SEC. 1294. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY TO PROVIDE SECURITY ASSISTANCE TO TAIWAN.

   Inserted: It is the sense of Congress that the President should use the presidential drawdown authority under sections 506(a) and 552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a) and 2348a(c)) to provide security assistance and other necessary commodities and services to Taiwan in support of Taiwan's self-defense.

   Inserted: SEC. 1295. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION WITH TAIWAN.

   Inserted: (a) Sense of Congress.--It is the sense of Congress that--

   Inserted: (1) International Military Education and Training (IMET) is a critical component of United States security assistance that promotes improved capabilities of the military forces of allied and friendly countries and closer cooperation between the United States Armed Forces and such military forces;

   Inserted: (2) it is in the national interest of the United States and consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) to further strengthen the military forces of Taiwan, particularly--

   Inserted: (A) to enhance the defensive capabilities of such forces; and

   Inserted: (B) to improve interoperability of such forces with the United States Armed Forces; and

   Inserted: (3) the government in Taiwan--

   Inserted: (A) should be authorized to participate in the International Military Education and Training program; and

   Inserted: (B) should encourage eligible officers and civilian leaders of Taiwan to participate in such training program and promote successful graduates to positions of prominence in the military forces of Taiwan.

   Inserted: (b) Authorization of Participation of Taiwan in the International Military Education and Training Program.--Taiwan is authorized to participate in the International Military Education and Training program for the following purposes:

   Inserted: (1) To train future leaders of Taiwan.

   Inserted: (2) To establish a rapport between the United States Armed Forces and the military forces of Taiwan to build partnerships for the future.

   Inserted: (3) To enhance interoperability and capabilities for joint operations between the United States and Taiwan.

   Inserted: (4) To promote professional military education, civilian control of the military, and protection of human rights in Taiwan.

   Inserted: (5) To foster a better understanding of the United States among individuals in Taiwan.

   Inserted: SEC. 1296. EXPEDITING DELIVERY OF ARMS EXPORTS TO TAIWAN AND UNITED STATES ALLIES IN THE INDO-PACIFIC.

   Inserted: (a) Sense of Congress.--It is the sense of Congress that--

   Inserted: (1) prioritizing the defense needs of United States allies and partners in the Indo-Pacific is a national security priority; and

   Inserted: (2) sustained support to key Indo-Pacific partners for interoperable defense systems is critical to preserve--

   Inserted: (A) the safety and security of American persons;

   Inserted: (B) the free flow of commerce through international trade routes;

   Inserted: (C) the United States commitment to collective security agreements, territorial integrity, and recognized maritime boundaries;

   Inserted: (D) United States values regarding democracy and commitment to maintaining a free and open Indo-Pacific; and

   Inserted: (E) Taiwan's defense capability.

   Inserted: (b) Report Required.--Not later than March 1, 2023, and annually thereafter for a period of five years, the Secretary of State, with the concurrence of the Secretary of Defense, shall transmit to the appropriate committees of Congress a report with respect to the transfer of all defense articles or defense services that have yet to be completed pursuant to the authorities provided by--

   Inserted: (1) section 3, 21, or 36 of the Arms Export Control Act (22 U.S.C. 2753, 2761, or 2776); or

   Inserted: (2) section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).

   Inserted: (c) Elements.--The report required under subsection (b) shall include the following elements:

   Inserted: (1) A list of all approved transfers of defense articles and services authorized by Congress pursuant to sections 25 and 36 of the Arms Export Control Act (22 U.S.C. 2765, 2776) with a total value of $25,000,000 or more, to Taiwan, Japan, South Korea, Australia, or New Zealand, that have not been fully delivered by the start of the fiscal year in which the report is being submitted.

   Inserted: (2) The estimated start and end dates of delivery for each approved and incomplete transfer listed pursuant to paragraph (1), including additional details and dates for any transfers that involve multiple tranches of deliveries.

   Inserted: (3) With respect to each approved and incomplete transfer listed pursuant to paragraph (1), a detailed description of--

   Inserted: (A) any changes in the delivery dates of defense articles or services relative to the dates anticipated at the time of congressional approval of the transfer, including specific reasons for any delays related to the United States Government, defense suppliers, or a foreign partner;

   Inserted: (B) the feasibility and advisability of providing the partner subject to such delayed delivery with an interim capability or solution, including drawing from United States stocks, and the mechanisms under consideration for doing so as well as any challenges to implementing such a capability or solution;

   Inserted: (C) authorities, appropriations, or waiver requests that Congress could provide to improve delivery timelines or authorize the provision of interim capabilities or solutions identified pursuant to subparagraph (B); and

   Inserted: (D) a description of which countries are ahead of Taiwan for delivery of each item listed pursuant to paragraph (1).

   Inserted: (4) A description of ongoing interagency efforts to support attainment of operational capability of the corresponding defense articles and services once delivered, including advance training with United States or armed forces of partner countries on the systems to be received. The description of any such training shall also include an identification of the training implementer.

   Inserted: (5) If a transfer listed pursuant to paragraph (1) has been terminated prior to the date of the submission of the report for any reason--

   Inserted: (A) the case information for such transfer, including the date of congressional notification, delivery date of the Letter of Offer and Acceptance (LOA), final signature of the LOA, and information pertaining to delays in delivering LOAs for signature;

   Inserted: (B) a description of the reasons for which the transfer is no longer in effect; and

   Inserted: (C) the impact this termination will have on the intended end-user and the consequent implications for regional security, including the impact on deterrence of military action by countries hostile to the United States, the military balance in the Taiwan Strait, and other factors.

   Inserted: (6) A separate description of the actions the United States is taking to expedite deliveries of defense articles and services to Taiwan, including in particular, whether the United States intends to divert defense articles from United States stocks to provide an interim capability or solution with respect to any delayed deliveries to Taiwan and the plan, if applicable, to replenish any such diverted stocks.

   Inserted: (7) A description of other potential actions already undertaken by or currently under consideration by the Department of State and the Department of Defense to improve delivery timelines for the transfers listed pursuant to paragraph (1).

   Inserted: (d) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--

   Inserted: (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

   Inserted: (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

   Inserted: (e) Form.--The report required under subsection (b) shall be submitted in unclassified form but may include a classified annex.

   Original wording

   At the end of title XII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed