S.Amdt. 2660Senate118th Congress (2023-2025)
S.Amdt. 2660
Sponsored by
Sen. James E. Risch (R-ID)
Submitted July 11, 2024
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
July 11, 2024
Text
Submitted
SA 2660. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 F of title XII, add the following: [[Page S4971]] SEC. 1291. DEVELOPMENT OF ECONOMIC TOOLS AND STRATEGY TO DETER AGGRESSION BY PEOPLE'S REPUBLIC OF CHINA AGAINST TAIWAN. (a) Sense of Congress.--It is the sense of Congress that the United States must be prepared to take immediate action to impose sanctions with respect to any military or nonmilitary entities owned, controlled, or acting at the direction of the Government of the PRC or the Chinese Communist Party that are supporting actions by the Government of the PRC or the Chinese Communist Party to-- (1) overthrow or dismantle the governing institutions in Taiwan; (2) occupy any territory controlled or administered by Taiwan; (3) violate the territorial integrity of Taiwan; or (4) take significant action against Taiwan, including-- (A) conducting a naval blockade of Taiwan; (B) seizing any outlying island of Taiwan; or (C) perpetrating a significant cyber attack on Taiwan. (b) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Finance of the Senate; (E) the Committee on Banking, Housing, and Urban Affairs of the Senate; (F) the Committee on Commerce, Science, and Transportation of the Senate; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Committee on Armed Services of the House of Representatives; (I) the Committee on Financial Services of the House of Representatives; (J) the Committee on Energy and Commerce of the House of Representatives; and (K) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate; (C) the Committee on Commerce, Science, and Transportation of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Financial Services of the House of Representatives; and (F) the Committee on Energy and Commerce of the House of Representatives. (3) PRC.--The term ``PRC'' means the People's Republic of China. (c) Task Force.--Not later than 180 days after the date of the enactment of this Act, the Office of Sanctions Coordination of the Department of State and the Office of Foreign Asset Control of the Department of the Treasury, in coordination with the Office of the Director of National Intelligence, shall establish an interagency task force (referred to in this section as the ``Task Force'') to identify military or nonmilitary entities that could be subject to sanctions imposed by the United States immediately following any action or actions taken by the PRC that demonstrate an attempt to achieve, or has the significant effect of achieving, the physical or political control of Taiwan, including by taking any of the actions described in paragraphs (1) through (4) of subsection (a). (d) Strategy.--Not later than 180 days after the establishment of the Task Force, the Task Force shall submit a strategy to the appropriate congressional committees for identifying targets under this section, which shall include-- (1) an assessment of how existing sanctions regimes could be used to impose sanctions with respect to entities identified pursuant to subsection (c); (2) a strategy for developing or proposing, as appropriate, new sanctions authorities that might be required to impose sanctions with respect to such entities; (3) an analysis of the potential economic consequences to the United States, and to allies and partners of the United States, of imposing various types of sanctions with respect to those entities and assess measures that could be taken to mitigate those consequences, including through the use of licenses, exemptions, carve-outs, and other forms of relief; (4) a strategy for working with allies and partners of the United States-- (A) to leverage sanctions and other economic tools to deter or respond to aggression against Taiwan; (B) to identify and resolve potential impediments to coordinating sanctions-related efforts with respect to responding to or deterring aggression against Taiwan; and (C) to identify industries, sectors, or goods and services with respect to which the United States and allies and partners of the United States can take coordinated action through sanctions or other economic tools that will have a significant negative impact on the economy of the PRC; (5) an assessment of the resource gaps and needs at the Department of State, the Department of the Treasury, and other Federal agencies, as appropriate, to most effectively use sanctions and other economic tools to respond to the threat posed by the PRC; (6) recommendations on how best to target sanctions and other economic tools against individuals, entities, and economic sectors in the PRC, taking into account the role of those targets in supporting policies and activities of the Government of the PRC or the Chinese Communist Party that pose a threat to the national security or foreign policy interests of the United States, the negative economic implications of those sanctions and tools for that government, including its ability to achieve its objectives with respect to Taiwan, and the potential impact of those sanctions and tools on the stability of the global financial system, including with respect to-- (A) state-owned enterprises; (B) officials of the Government of the PRC; (C) financial institutions associated with the Government of the PRC; (D) companies in the PRC that are not formally designated by the Government of the PRC as state-owned enterprises; and (7) the identification of any foreign military or non- military entities that would likely be used to achieve the outcomes specified in subsection (a)(1), including entities in the shipping, logistics, energy (including oil and gas), aviation, ground transportation, and technology sectors. (e) Report.-- (1) In general.--Not later than 60 days after the submission of the strategy required under subsection (d), and semiannually thereafter, the Task Force shall submit a report to the appropriate congressional committees that includes information regarding-- (A) any entities identified pursuant to subsection (c) or (d)(7); (B) any new authorities needed to impose sanctions with respect to such entities; (C) potential economic impacts on the PRC, the United States, and allies and partners of the United States of imposing sanctions with respect to those entities, as well as mitigation measures that could be employed to limit deleterious impacts on the United States and allies and partners of the United States; (D) the status of coordination with allies and partners of the United States on sanctions and other economic tools identified under this section; (E) resource gaps and recommendations to enable the Department of State and the Department of the Treasury to use sanctions to more effectively respond to the malign activities of the Government of the PRC; and (F) any additional resources that may be necessary to carry out the strategy. (2) Form.--Each report required under paragraph (1) shall be submitted in classified form. (f) Identification of Vulnerabilities and Leverage.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall jointly submit a report to the appropriate committees of Congress that identifies-- (1) goods and services from the United States that are relied on by the PRC such that reliance presents a strategic opportunity and source of leverage against the PRC, including during a conflict; and (2) procurement practices of the United States Government that are reliant on trade with the PRC and other inputs from the PRC, such that reliance presents a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit, including during a conflict. (g) Strategy to Respond to Coercive Action.-- (1) In general.--Not later than 180 days after the submission of the report required under subsection (f), the Secretary of the Treasury, in coordination with the Secretary of State and in consultation with the Secretary of the Defense, the Secretary of Commerce, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report, utilizing the findings of the report required under subsection (f), that describes a comprehensive sanctions strategy to advise policymakers on policies the United States and allies and partners of the United States could adopt with respect to the PRC in response to any coercive action, including an invasion, by the PRC that infringes upon the territorial sovereignty of Taiwan by preventing access to international waterways, airspace, or telecommunications networks. (2) Elements.--The strategy required under paragraph (1) shall include policies that-- (A) restrict the access of the People's Liberation Army to oil, natural gas, munitions, and other supplies needed to conduct military operations against Taiwan, United States facilities in the Pacific and Indian Oceans, and allies and partners of the United States in the region; (B) diminish the capacity of the industrial base of the PRC to manufacture and deliver defense articles to replace those lost in operations of the People's Liberation Army against Taiwan, the United States, and allies and partners of the United States; (C) inhibit the ability of the PRC to evade United States and multilateral sanctions [[Page S4972]] through third parties, including through secondary sanctions; (D) identify specific sanctions-related tools that may be effective in responding to coercive action described in paragraph (1) and assess the feasibility of the use and impact of the use of such tools; (E) identify and resolve potential impediments to coordinating sanctions-related efforts with respect to responding to or deterring aggression against Taiwan with allies and partners of the United States; (F) identify industries, sectors, or goods and services with respect to which the United States, working with allies and partners of the United States, can take coordinated action through sanctions or other economic tools that will have a significant negative impact on the economy of the PRC; and (G) identify tactics used by the Government of the PRC to influence the public in the United States and Taiwan through propaganda and disinformation campaigns, including such campaigns focused on delegitimizing Taiwan or legitimizing a forceful action by the PRC against Taiwan. (h) Recommendations for Reduction of Vulnerabilities and Leverage.--Not later than 180 days after the submission of the report required under subsection (g), the Secretary of State and the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall jointly submit to the appropriate committees of Congress a report that-- (1) identifies critical sectors within the United States economy that rely on trade with the PRC and other inputs from the PRC (including active pharmaceutical ingredients, rare earth minerals, and metallurgical inputs) that present a strategic vulnerability and source of leverage that the Chinese Communist Party or the People's Republic of China could exploit; and (2) includes recommendations to Congress regarding the steps that could be taken to reduce the sources of leverage described in paragraph (1) and subsection (f)(1), including through-- (A) providing economic incentives and making other trade and contracting reforms to support United States industry and job growth in critical sectors and to indigenize production of critical resources; and (B) policies for facilitating ``near-shoring or friend- shoring'' or otherwise developing strategies to facilitate that process with allies and partners of the United States, in other sectors for which domestic reshoring would prove infeasible for any reason. (i) Form.--The reports required under subsections (f), (g), and (h) shall be submitted in unclassified form, but may include a classified annex. (j) Rules of Construction.--Nothing in this section may be construed as-- (1) a change to the One China Policy of the United States, which is guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the three United States-People's Republic of China Joint Communiques, and the Six Assurances; or (2) authorizing the use of military force. ______