Title II — Bolstering United States and Taiwan defense and security

S. 3192 · 117th Congress · Nov 4, 2021 · Lineage

II Bolstering United States and Taiwan defense and security

Sec. 201 Report on capability development by Taiwan

(a)

Sense of Congress— It is the sense of Congress that—

(1)

the Secretary of State should expand and strengthen existing measures under the United States Conventional Arms Transfer Policy to provide capabilities to Taiwan, prioritizing Taiwan in accordance with United States strategic imperatives;

(2)

the United States should design for export to Taiwan capabilities critical to maintaining a favorable military balance in the region, including long-range precision fires, air and missile defense systems, anti-ship cruise missiles, land attack cruise missiles, conventional hypersonic systems, intelligence, surveillance, and reconnaissance capabilities, and command and control systems;

(3)

the United States should pursue, to the maximum extent possible, anticipatory technology security and foreign disclosure policy on the systems described in paragraph (2); and

(4)

the Secretary of State should—

(A)

urge Taiwan to invest in sufficient quantities of munitions to meet contingency requirements and avoid the need for accessing United States stocks in wartime; and

(B)

cooperate with Taiwan to deliver such munitions, or when necessary, to increase the capacity of Taiwan to produce such munitions.

(b)

Report—

(1)

In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that—

(A)

describes United States priorities for building more capable Taiwan security forces and organizations; and

(B)

identifies statutory, regulatory, or other obstacles to advancing such priorities.

(2)

Matters to be included— The report required by paragraph (1) shall—

(A)

provide a priority list of defense and military capabilities that Taiwan must possess for the United States to be able to achieve its military objectives in the Indo-Pacific region;

(B)

identify, from the list referred to in subparagraph (A), the capabilities that are best provided, or can only be provided, by the United States;

(C)

identify—

(i)

actions required to prioritize United States Government resources and personnel to expedite fielding the capabilities identified under subparagraph (B); and

(ii)

steps needed to fully account for and a plan to integrate all means of United States foreign military sales, direct commercial sales, security assistance, and all applicable authorities of the Department of State and the Department of Defense;

(D)

assess the major obstacles to fulfilling requirements for United States security assistance for Taiwan, including resources and personnel limits, legislative and policy barriers, and factors related to specific partner countries;

(E)

identify limitations on the ability of the United States to provide the capabilities described in paragraph (A), including the capabilities identified under subparagraph (B), because of existing United States treaty obligations or United States statutes, regulations, or other policies;

(F)

recommend changes to existing statutes, regulations, or other policies that would reduce or eliminate limitations on providing critical capabilities to Taiwan;

(G)

identify requirements to streamline the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, that would enable more effective delivery of capabilities to Taiwan;

(H)

recommend improvements to the process for developing requirements for Taiwan’s capabilities; and

(I)

recommend other statutory, regulatory, or policy changes that would improve delivery timelines.

(3)

Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Sec. 202 Authorization of appropriations for Foreign Military Financing grant assistance to Taiwan

(a)

Taiwan security programs— 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 programs $2,000,000,000 for each of fiscal years 2023 to 2032.

(b)

Restrictions on Taiwan Foreign Military Financing— Amounts authorized to be appropriated under subsection (a) shall be available only if—

(1)

Taiwan commits to match spending on a dollar-for-dollar basis; and

(2)

the United States and Taiwan formally agree—

(A)

to conduct joint long-range planning for capability development; and

(B)

on the expenditure of such amounts.

Sec. 203 Eligibility of Taiwan for Foreign Military Sales and export status under the Arms Export Control Act

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended—

(1)

in sections 3(d)(2)(B), 3(d)(3)(A)(i), (3)(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting “Taiwan,” before “or New Zealand” each place it appears;

(2)

in section 3(b)(2), by inserting “the Government of Taiwan,” before “or the Government of New Zealand”; and

(3)

in sections 21(h)(1)(A) and 21(h)(2), by inserting “Taiwan,” before “or Israel” each place it appears.

Sec. 204 Report on advancing the defense of Taiwan

(a)

In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of seven years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees a report on Taiwan’s enhancement of its self-defense capabilities.

(b)

Matters To be included— Each report required by subsection (a) shall include the following:

(1)

An assessment of the commitment of Taiwan to implementing the tenets of the Overall Defense Concept, and what steps Taiwan has and has not taken to implement those tenets.

(2)

An assessment of the efforts of Taiwan to acquire and employ within its forces asymmetric capabilities, including—

(A)

long-range precision fires;

(B)

air and missile defense systems;

(C)

anti-ship cruise missiles;

(D)

land attack cruise missiles;

(E)

conventional hypersonic systems;

(F)

mining and countermining capabilities;

(G)

intelligence, surveillance, and reconnaissance capabilities;

(H)

command and control systems; and

(I)

any other defense capabilities the Secretary of State and the Secretary of Defense jointly determine are crucial to the defense of Taiwan.

(3)

An evaluation of the balance between conventional and asymmetric capabilities in the defense force of Taiwan as of the date on which the report is submitted.

(4)

An assessment of steps by Taiwan to enhance the overall readiness of its defense forces, including—

(A)

the extent to which Taiwan is requiring and providing regular training to such forces;

(B)

the extent to which such training is realistic to the security environment Taiwan faces; and

(C)

the sufficiency of the financial and budgetary resources Taiwan is putting toward readiness of such forces.

(5)

An assessment of steps by Taiwan to ensure that the Taiwan Reserve Command can recruit, train, and equip its forces.

(6)

An evaluation of—

(A)

the severity of manpower shortages in the military of Taiwan, including in the reserve forces;

(B)

the impact of such shortages in the event of a conflict scenario; and

(C)

Taiwan’s efforts to address such shortages.

(7)

An assessment of efforts by Taiwan to boost its civilian defenses, including any informational campaigns to make aware the risks of Taiwan’s security environment to the population of Taiwan.

(8)

An assessment of efforts by Taiwan to secure its critical infrastructure, including in transportation, telecommunications networks, and energy.

(9)

An assessment of efforts by Taiwan to enhance its cybersecurity, including the security of civilian government and military networks.

(10)

An assessment of any significant gaps in any of the matters described in paragraphs (1) through (9) with respect to which the United States assesses that additional action is needed.

(11)

A description of cooperative efforts between the United States and Taiwan on the matters described in paragraphs (1) through (10).

(12)

A description of resistance within the Government of Taiwan to implementing the matters described in paragraphs (1) through (9) or to United States support or engagement with regard to those matters.

(c)

Form— The report required by subsection (a) shall be submitted in classified form, but may include an unclassified summary.