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Title I — Authorization for use of United States Armed Forces

S. 4606 · 116th Congress · Sep 17, 2020 · Lineage

I Authorization for use of United States Armed Forces

Sec. 101 Findings; sense of Congress

(a)
Findings— Congress finds the following:
(1)
Taiwan is a free and prosperous democracy of nearly 24,000,000 people and is an important contributor to peace and stability around the world.
(2)
Section 2(b) of the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301(b)) states that it is the policy of the United States—
(A)
“to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area”;
(B)
“to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern”;
(C)
“to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means”;
(D)
“to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States”;
(E)
“to provide Taiwan with arms of a defensive character”; and
(F)
“to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan”.
(3)
Since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Government of the People’s Republic of China has intensified its efforts to pressure Taiwan through diplomatic isolation and military provocations.
(4)
The rapid modernization of the People’s Liberation Army and recent military maneuvers in and around the Taiwan Strait illustrate a clear threat to Taiwan’s security.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
both the United States and Taiwan have made significant strides since 1979 in bolstering their defense relationship;
(2)
the People’s Republic of China has dramatically increased the capability of its military forces since 1979;
(3)
the People’s Republic of China has in recent years increased the use of its military forces to harass and provoke Taiwan with the threat of overwhelming force; and
(4)
it is the policy of the United States to consider any effort to determine the future of Taiwan by anything other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area, and of grave concern to the United States.

Sec. 102 Authorization for use of United States Armed Forces

(a)
In general— The President is authorized to use the Armed Forces of the United States and take such other measures as the President determines to be necessary and appropriate in order to secure and protect Taiwan against—
(1)
a direct armed attack by the military forces of the People’s Republic of China against the military forces of Taiwan;
(2)
the taking of territory under the effective jurisdiction of Taiwan by the military forces of the People’s Republic of China; or
(3)
the endangering of the lives of members of the military forces of Taiwan or civilians within the effective jurisdiction of Taiwan in cases in which such members or civilians have been killed or are in imminent danger of being killed.
(b)
War Powers Resolution requirements—
(1)
Specific statutory authorization— Consistent with section 8(a)(1) of the War Powers Resolution (50 U.S.C. 1547(a)(1)), Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
(2)
Applicability of other requirements— Nothing in this Act may be construed to supersede any requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.).
(c)
Sense of Congress— It is the sense of Congress that, at the earliest possible date after the date of the enactment of this Act, the President should release a public declaration that it is the policy of the United States to secure and protect Taiwan against any action of the People’s Republic of China described in paragraph (1), (2), or (3) of subsection (a).
(d)
Statement of policy— It is the policy of the United States to demand that the People’s Republic of China officially renounce the use or threat of military force in any attempt to unify with Taiwan.
(e)
Authorization period—
(1)
In general— The authorization for use of the Armed Forces under this section shall expire on the date that is 5 years after the date of the enactment of this Act.
(2)
Sense of Congress— It is the sense of Congress that the authorization for use of the Armed Forces under this section should be reauthorized by a subsequent Act of Congress.