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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5072 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5072
To promote peace through strength in Taiwan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2023
Mr. Banks (for himself and Mr. Pappas) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote peace through strength in Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Peace through Strength Act of
2023''.
SEC. 2. ANTICIPATORY POLICY PLANNING AND ANNUAL REVIEW OF UNITED STATES
WAR PLANS TO DEFEND TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall conduct a classified review of United States war plans to
defend Taiwan and share the results of the review with the Chairman and
Ranking Member of the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(b) Elements.--The review conducted under subsection (a) shall
include the following elements:
(1) An assessment of Taiwan's current and near-term
capabilities and United States force readiness and the adequacy
of United States conflict contingency plans.
(2) A comprehensive assessment of risks to the United
States and United States interests, including readiness
shortfalls that pose strategic risk.
(3) A review of indicators of the near-term likelihood of
the use of force by the People's Liberation Army against
Taiwan.
(4) The compilation of a pre-approved list of military
capabilities, including both asymmetric and traditional
capabilities selected to suit the operational environment and
to allow Taiwan to respond effectively to a variety of
contingencies across all phases of conflict involving the
People's Liberation Army, that the Secretary of Defense has
pre-cleared for Taiwan to acquire, and that would reduce the
threat of conflict, thwart an invasion, and mitigate other
risks to the United States and Taiwan.
SEC. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES
PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 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 relevant coordinating entities,
such as the National Disclosure Policy Committee and the Arms
Transfer and Technology Release Senior Steering Group, shall--
(A) compile and submit to the relevant
congressional committees a list of available and
emerging military platforms, technologies, and
equipment; and
(B) upon listing such platforms, technologies, and
equipment, pre-clear and prioritize for sale and
release to Taiwan through the Foreign Military Sales
program such platforms, technologies, and equipment.
(2) Selection of items.--The items pre-cleared for sale
pursuant to paragraph (1)--
(A) shall represent a full-range of asymmetric
capabilities as well as the conventional capabilities
informed by United States readiness and risk
assessments and determined by Taiwan to be required for
various wartime scenarios and peacetime duties; and
(B) shall include each item on the list of approved
items compiled by the Secretary of Defense pursuant to
section 2(b)(4).
(3) Exception.--The Secretary State may exclude an item
from the list described in paragraph (1)(A) if the Secretary of
State submits to the appropriate congressional committees a
determination that the costs of providing such items, including
the potential costs of technology slippage, exceeds the costs
to the United States of failing to arm Taiwan with such items,
including the likelihood of being drawn into conflict with the
People's Republic of China.
(4) Final determination of disputes.--The Department of
Defense shall serve as the lead Federal agency for purposes of
making final determinations when disputes arise between
agencies about the appropriateness of specific items for sale
to Taiwan.
(5) Rule of construction.--The list compiled pursuant to
section 2(b)(4) 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.
(b) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of Defense and the
Secretary of State 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.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of Defense determines and
certifies to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
that the threat to Taiwan has significantly abated.
(3) 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 Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report describing
steps taken to implement the requirement under paragraph (1).
(c) Priority Production.--
(1) Requirement.--The Secretary of Defense shall require
that contractors awarded Department of Defense contracts to
provide items for sale to Taiwan under the Foreign Military
Sales program shall, as a condition of receiving such
contracts, expedite and prioritize the production of such items
above the production of other Foreign Military Sales items
regardless of the order in which contracts were signed.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of Defense determines and
certifies to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
that the threat to Taiwan has significantly abated.
(3) Annual report.--Contractors covered under paragraph (1)
shall be required to report annually to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on efforts to expedite and
prioritize production as required under such paragraph.
(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 and prioritization
provisions of this section.
SEC. 4. AMENDMENTS TO TAIWAN RELATIONS ACT.
(a) Policy.--Section 2(b)(5) of the Taiwan Relations Act (22 U.S.C.
3301(b)(5)) is amended by striking ``arms of a defensive character''
and inserting ``arms conducive to the deterrence of acts of aggression
by the People's Liberation Army''.
(b) Provision of Defense Articles and Services.--Section 3(a) of
the Taiwan Relations Act (22 U.S.C. 3302(a)) is amended by striking
``such defense articles and defense services in such quantity as may be
necessary to enable Taiwan to maintain a sufficient self-defense
capability'' and inserting ``such defense articles and defense services
in such quantity as may be necessary to enable Taiwan to implement a
strategy to deter acts of aggression by the People's Liberation Army
and to deny an invasion of Taiwan by the People's Liberation Army.''.
(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 new
subsection:
``(a) Security Cooperation and Deterrence of Use of Force by
People's Liberation Army.--Nothing in this Act, nor the facts of the
President's action in extending diplomatic recognition to the People's
Republic of China, the absence of diplomatic relations between the
people of Taiwan and the United States, or the lack of formal
recognition by the United States, and attendant circumstances thereto,
shall 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.''.
SEC. 5. MILITARY PLANNING MECHANISM.
The Secretary of Defense shall establish a high-level military
planning mechanism between the United States and Taiwan to oversee a
Joint and Combined Exercise Program and coordinate International
Military Education and Training assistance and professional exchanges
aimed at determining and coordinating the acquisition of capabilities
for both United States and Taiwan military forces to address the needs
of currently anticipated and future contingencies. The mechanism may be
modeled after the Joint United States Military Advisory Group Thailand,
or any such similar existing arrangement, as determined by the
Secretary of Defense.
SEC. 6. PROHIBITION ON DOING BUSINESS IN CHINA.
(a) Requirement.--The Secretary of Defense shall require any
contractor awarded a Department of Defense contract, as a condition of
receiving such contract, not to conduct any business in the People's
Republic of China, with any entity that is owned by or controlled by
the government of the People's Republic of China or the Chinese
Communist Party, or any subsidiary of such a company.
(b) Determination of Noncompliance.--If the Secretary of Defense
determines that a contractor of the Department of Defense is
noncompliant with the requirement in subsection (a)--
(1) such noncompliance shall be considered grounds for
termination of the contract; and
(2) the Secretary of Defense shall terminate the contract.
SEC. 7. TAIWAN CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the Treasury of
the United States a revolving fund to be known as the ``Taiwan Critical
Munitions Acquisition Fund'' (in this section referred to as the
``Fund'').
(b) Purpose.--Subject to the availability of appropriations,
amounts in the Fund shall be made available by the Secretary of
Defense--
(1) to ensure that adequate stocks of critical munitions
necessary for a denial defense are available to allies and
partners of the United States in advance of a potential
operation to defend the autonomy and territory of Taiwan; and
(2) to finance the acquisition of critical munitions
necessary for a denial defense in advance of the transfer of
such munitions to foreign countries for such a potential
operation.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary of Defense may also use amounts made
available to the Fund--
(1) to keep on continuous order munitions that the
Secretary of Defense considers critical due to a reduction in
current stocks as a result of the drawdown of stocks provided
to the government of one or more foreign countries; or
(2) with the concurrence of the Secretary of State, to
procure munitions identified as having a high-use rate.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of
offer (or transfers made under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.)) of munitions
acquired using amounts made available from the Fund
pursuant to this section, representing the value of
such items calculated, as applicable, in accordance
with--
(i) subparagraph (B) or (C) of section
21(a)(1) of the Arms Export Control Act (22
U.S.C. 2761(a)(1));
(ii) section 22 of the Arms Export Control
Act (22 U.S.C. 2762); or
(iii) section 644(m) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(m)).
(B) Such amounts as may be appropriated pursuant to
the authorization under this section or otherwise made
available for the purposes of the Fund.
(C) Not more than $2,000,000,000 may be transferred
to the Fund for any fiscal year, in accordance with
subsection (e), from amounts authorized to be
appropriated for the Department of Defense in such
amounts as the Secretary of Defense determines
necessary to carry out the purposes of this section,
which shall remain available until expended. The
transfer authority provided under this subparagraph is
in addition to any other transfer authority available
to the Secretary of Defense.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the
Secretary of Defense may accept contributions of
amounts to the Fund from any foreign government or
international organization. Any amounts so accepted
shall be credited to the Taiwan Critical Munitions
Acquisition Fund and shall be available for use as
authorized under subsection (b).
(B) Limitation.--The Secretary of Defense may not
accept a contribution under this paragraph if the
acceptance of the contribution would compromise, or
appear to compromise, the integrity of any program of
the Department of Defense.
(C) Notification.--If the Secretary of Defense
accepts any contribution under this paragraph, the
Secretary shall notify the appropriate committees of
Congress. The notice shall specify the source and
amount of any contribution so accepted and the use of
any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary of Defense submits to the
appropriate committees of Congress--
(A) notice in writing of the amount and purpose of
the proposed transfer; and
(B) in the case of an authorization pursuant to
subsection (f)(1)(A), a description of the manner in
which the use of critical munitions is necessary to
meet national defense requirements.
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this section,
until the date that is 15 days after the date on which the
Secretary of Defense notifies the appropriate committees of
Congress in writing of the amount and purpose of the proposed
purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary of
Defense notifies the appropriate committees of Congress in
writing of the proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by the
Secretary of Defense using amounts made available from the Fund
pursuant to this section may be transferred to any foreign
country unless such transfer is authorized by the Arms Export
Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), or other applicable law,
except as follows:
(A) The Secretary of Defense, with the concurrence
of the Secretary of State, may authorize the use by the
Department of Defense of munitions acquired under this
section prior to transfer to a foreign country, if such
use is necessary to meet national defense requirements
and the Department bears the costs of replacement and
transport, maintenance, storage, and other such
associated costs of such munitions.
(B) Except as required by subparagraph (A), amounts
made available to the Fund may be used to pay for
storage, maintenance, and other costs related to the
storage, preservation, and preparation for transfer of
munitions acquired under this section prior to their
transfer, and the administrative costs of the
Department of Defense incurred in the acquisition of
such items, to the extent such costs are not eligible
for reimbursement pursuant to section 43(b) of the Arms
Export Control Act (22 U.S.C. 2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may be used
pursuant to this section unless the President--
(i) certifies to the appropriate committees
of Congress that the Special Defense
Acquisition Fund established pursuant to
chapter 5 of the Arms Export Control Act (22
U.S.C. 2795 et seq.) cannot be used to fulfill
the same functions and objectives for which
such amounts to be made available from the Fund
are to be used; and
(ii) includes in such certification a
justification for the certification, which may
be included in a classified annex, if
necessary.
(B) Nondelegation.--The President may not delegate
any responsibility of the President under subparagraph
(A).
(g) Termination.--The authority for the Fund under this section
shall expire on December 31, 2040.
(h) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 8. INCREASING PRODUCTION CAPACITY FOR WEAPONS FOR UNITED STATES
STOCKPILES.
(a) Report Requirement Relating to Increase in Contracted
Entities.--Section 222c(e) of title 10, United States Code, as amended
by section 1701(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263), is further
amended by adding at the end the following new paragraph:
``(1) Steps taken to increase the number of entities
contracted to supply each class of weapons described in section
1705(c) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) in order to
produce redundancy in the supply of such weapons.''.
(b) Modification to Quarterly Briefings on Replenishment and
Revitalization of Weapons Provided to Ukraine and Taiwan.--Section 1703
of the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended--
(1) in the section heading, by inserting ``and taiwan''
after ``ukraine'';
(2) in subsection (a), by inserting ``, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives'' after ``congressional
defense committees'';
(3) in subsection (d)(2), by inserting ``or Taiwan'' after
``Ukraine'';
(4) in subsection (e), by striking ``December 31, 2026''
and inserting ``December 31, 2040''; and
(5) by striking subsection (f) and inserting the following:
``(a) Covered System.--In this section, the term `covered system'
means--
``(1) any system provided to the Government of Ukraine or
the Government of Taiwan pursuant to--
``(A) section 506 of the Foreign Assistance Act of
1961 (22 U.S.C. 2318); or
``(B) section 614 of the Foreign Assistance Act of
1961 (22 U.S.C. 2364);
``(2) any system provided to the Government of Ukraine
pursuant to the Ukraine Security Assistance Initiative
established under section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
including as amended by this Act, if such system was provided
to Ukraine after February 24, 2022; or
``(3) any system provided to the Government of Taiwan--
``(A) pursuant to section 5502(b) of this Act; or
``(B) that is necessary for a denial defense of
Taiwan.''.
(c) Assessment on Expanding National Technology and Industrial
Base.--Section 222d(b) of title 10, United States Code, as added by
section 1701(d)(1) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263), is amended
by adding at the end the following new paragraph:
``(1) An assessment of the feasibility and advisability of
expanding the national technology and industrial base (as
defined in section 4801 of this title) to include entities
outside of the United States, Canada, the United Kingdom, New
Zealand, Israel, and Australia in order to increase the number
of suppliers of weapons described in section 1705(c) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263), with particular attention to
member States of the North Atlantic Treaty Organization, treaty
allies of the United States in the Indo-Pacific, and members of
the Quadrilateral Security Dialogue.''.
(d) Minimum Annual Production Levels.--The Secretary of Defense
shall include minimum annual production levels for weapons described in
section 1705(c) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) in any contract for the
procurement of such weapons entered into on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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