,,ii #aahth ,,congress #ast ,session ,s4 #aiig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ad1 #bjbc,mr4 ,rubio introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote peace through strength in ,taiwan1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,taiwan ,peace through ,strength ,act of #bjbc4 #b4 ,anticipatory policy planning and annual review of ,united ,states war plans to defend ,taiwan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 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 ,representatives4 7b7 ,elements ,the review conducted under subsection 7a7 shall include the following elements3 7#a7 ,an assessment of ,taiwan's current and near-term capabilities and ,united ,states force readiness and the adequacy of ,united ,states conflict contingency plans4 7#b7 ,a comprehensive assessment of risks to the ,united ,states and ,united ,states interests1 including readiness shortfalls that pose strategic risk4 7#c7 ,a review of indicators of the near-term likelihood of the use of force by the ,people's ,liberation ,army against ,taiwan4 7#d7 ,the compilation of a pre-approved list of military capabilities1 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 ,army1 that the ,secretary of ,defense has pre-cleared for ,taiwan to acquire1 and that would reduce the threat of conflict1 thwart an invasion1 and mitigate other risks to the ,united ,states and ,taiwan4 #c4 ,fast-tracking sales to ,taiwan under ,foreign ,military ,sales program 7a7 ,preclearance of certain foreign military sales items 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in coordination with the ,secretary of ,defense and in conjunction with relevant coordinating entities1 such as the ,national ,disclosure ,policy ,committee and the ,arms ,transfer and ,technology ,release ,senior ,steering ,group1 shall-- 7,a7 compile and submit to the relevant congressional committees a list of available and emerging military platforms1 technologies1 and equipment2 and 7,b7 upon listing such platforms1 technologies1 and equipment1 pre-clear and prioritize for sale and release to ,taiwan through the ,foreign ,military ,sales program such platforms1 technologies1 and equipment4 7#b7 ,selection of items ,the items pre-cleared for sale pursuant to paragraph 7#a7-- 7,a7 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 duties2 and 7,b7 shall include each item on the list of approved items compiled by the ,secretary of ,defense pursuant to section #b7;b77#d74 7#c7 ,exception ,the ,secretary of ,state may exclude an item from the list described in paragraph 7#a77;,a7 if the ,secretary of ,state submits to the appropriate congressional committees a determination that the costs of providing such items1 including the potential costs of technology slippage1 exceeds the costs to the ,united ,states of failing to arm ,taiwan with such items1 including the likelihood of being drawn into conflict with the ,people's ,republic of ,china4 7#d7 ,rule of construction ,the list compiled pursuant to section #b7;b77#d7 shall not be construed as limiting the type1 timing1 or quantity of items that may be requested by1 or sold to1 ,taiwan under the ,foreign ,military ,sales program4 7#e7 ,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 ,taiwan4 7b7 ,prioritized processing of ,foreign ,military ,sales requests from ,taiwan 7#a7 ,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 program1 and may not delay the processing of requests for bundling purposes4 7#b7 ,duration ,the requirement under paragraph 7#a7 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 abated4 7#c7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for #aj years1 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 7#a74 7c7 ,priority production 7#a7 ,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 shall1 as a condition of receiving such contracts1 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 signed4 7#b7 ,duration ,the requirement under paragraph 7#a7 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 abated4 7#c7 ,annual report ,contractors covered under paragraph 7#a7 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 paragraph4 7d7 ,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 ,taiwan1 including incorporating the preclearance and prioritization provisions of this section4 #d4 ,amendments to ,taiwan ,relations ,act 7a7 ,policy ,section #b7;b77#e7 of the ,taiwan ,relations ,act 7#bb ,u4,s4,c4 #ccja7;b77#e77 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 ,army4 7b7 ,provision of defense articles and services ,section #c7;a7 of the ,taiwan ,relations ,act 7#bb ,u4,s4,c4 #ccjb7;a77 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 ,army4 7c7 ,rule of construction ,section #d of the ,taiwan ,relations ,act 7#bb ,u4,s4,c4 #ccjc7 is amended by adding at the end the following new subsection3 7e7 ,security cooperation and deterrence of use of force by ,people's ,liberation ,army ,nothing in this ,act1 nor the facts of the ,president's action in extending diplomatic recognition to the ,people's ,republic of ,china1 the absence of diplomatic relations between the people of ,taiwan and the ,united ,states1 or the lack of formal recognition by the ,united ,states1 and attendant circumstances thereto1 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 ,taiwan1 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 ,army4 4 #e4 ,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 contingencies4 ,the mechanism may be modeled after the ,joint ,united ,states ,military ,advisory ,group ,thailand1 or any such similar existing arrangement1 as determined by the ,secretary of ,defense4 #f4 ,prohibition on doing business in ,china 7a7 ,requirement ,the ,secretary of ,defense shall require any contractor awarded a ,department of ,defense contract1 as a condition of receiving such contract1 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 ,party1 or any subsidiary of such a company4 7b7 ,determination of noncompliance ,if the ,secretary of ,defense determines that a ,department of ,defense contractor is noncompliant with the requirement in subsection 7a7-- 7#a7 such noncompliance shall be considered grounds for termination of the contract2 and 7#b7 the ,secretary of ,defense shall terminate the contract4 #g4 ,taiwan critical munitions acquisition fund 7a7 ,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 7in this section referred to as the ,fund74 7b7 ,purpose ,subject to the availability of appropriations1 amounts in the ,fund shall be made available by the ,secretary of ,defense-- 7#a7 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 ,taiwan2 and 7#b7 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 operation4 7c7 ,additional authority ,subject to the availability of appropriations1 the ,secretary of ,defense may also use amounts made available to the ,fund-- 7#a7 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 countries2 or 7#b7 with the concurrence of the ,secretary of ,state1 to procure munitions identified as having a high-use rate4 7d7 ,deposits 7#a7 ,in general ,the ,fund shall consist of each of the following3 7,a7 ,collections from sales made under letters of offer 7or transfers made under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq477 of munitions acquired using amounts made available from the ,fund pursuant to this section1 representing the value of such items calculated1 as applicable1 in accordance with-- 7i7 subparagraph 7,b7 or 7,c7 of section #ba7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa7;a77#a772 7ii7 section #bb of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfb72 or 7iii7 section #fdd7m7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdjc7m774 7,b7 ,such amounts as may be appropriated pursuant to the authorization under this section or otherwise made available for the purposes of the ,fund4 7,c7 ,not more than #b1jjj1jjj1jjj may be transferred to the ,fund for any fiscal year1 in accordance with subsection 7e71 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 section1 which shall remain available until expended4 ,the transfer authority provided under this subparagraph is in addition to any other transfer authority available to the ,secretary of ,defense4 7#b7 ,contributions from foreign governments 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary of ,defense may accept contributions of amounts to the ,fund from any foreign government or international organization4 ,any amounts so accepted shall be credited to the ,taiwan ,critical ,munitions ,acquisition ,fund and shall be available for use as authorized under subsection 7b74 7,b7 ,limitation ,the ,secretary of ,defense may not accept a contribution under this paragraph if the acceptance of the contribution would compromise1 or appear to compromise1 the integrity of any program of the ,department of ,defense4 7,c7 ,notification ,if the ,secretary of ,defense accepts any contribution under this paragraph1 the ,secretary shall notify the appropriate committees of ,congress4 ,the notice shall specify the source and amount of any contribution so accepted and the use of any amount so accepted4 7e7 ,notification 7#a7 ,in general ,no amount may be transferred pursuant to subsection 7d77#a77;,c7 until the date that is #ae days after the date on which the ,secretary of ,defense submits to the appropriate committees of ,congress-- 7,a7 notice in writing of the amount and purpose of the proposed transfer2 and 7,b7 in the case of an authorization pursuant to subsection 7f77#a77;,a71 a description of the manner in which the use of critical munitions is necessary to meet national defense requirements4 7#b7 ,ammunition purchases ,no amounts in the ,fund may be used to purchase ammunition1 as authorized by this section1 until the date that is #ae 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 purchase4 7#c7 ,foreign transfers ,no munition purchased using amounts in the ,fund may be transferred to a foreign country until the date that is #ae days after the date on which the ,secretary of ,defense notifies the appropriate committees of ,congress in writing of the proposed transfer4 7f7 ,limitations 7#a7 ,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 7#bb ,u4,s4,c4 #bgea et seq471 the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 or other applicable law1 except as follows3 7,a7 ,the ,secretary of ,defense1 with the concurrence of the ,secretary of ,state1 may authorize the use by the ,department of ,defense of munitions acquired under this section prior to transfer to a foreign country1 if such use is necessary to meet national defense requirements and the ,department bears the costs of replacement and transport1 maintenance1 storage1 and other such associated costs of such munitions4 7,b7 ,except as required by subparagraph 7,a71 amounts made available to the ,fund may be used to pay for storage1 maintenance1 and other costs related to the storage1 preservation1 and preparation for transfer of munitions acquired under this section prior to their transfer1 and the administrative costs of the ,department of ,defense incurred in the acquisition of such items1 to the extent such costs are not eligible for reimbursement pursuant to section #dc7;b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgib7;b774 7#b7 ,certification requirement 7,a7 ,in general ,no amounts in the ,fund may be used pursuant to this section unless the ,president-- 7i7 certifies to the appropriate committees of ,congress that the ,special ,defense ,acquisition ,fund established pursuant to chapter #e of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgie et seq47 cannot be used to fulfill the same functions and objectives for which such amounts to be made available from the ,fund are to be used2 and 7ii7 includes in such certification a justification for the certification1 which may be included in a classified annex1 if necessary4 7,b7 ,nondelegation ,the ,president may not delegate any responsibility of the ,president under subparagraph 7,a74 7g7 ,termination ,the authority for the ,fund under this section shall expire on ,december #ca1 #bjdj4 7h7 ,appropriate committees of congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 and the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #h4 ,increasing production capacity for weapons for united states stockpiles 7a7 ,report requirement relating to increase in contracted entities ,section #bbb;c7e7 of title #aj1 ,united ,states ,code1 as amended by section #agja7;c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc71 is further amended by adding at the end the following new paragraph3 7#d7 ,steps taken to increase the number of entities contracted to supply each class of weapons described in section #agje7;c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 in order to produce redundancy in the supply of such weapons4 4 7b7 ,modification to quarterly briefings on replenishment and revitalization of weapons provided to ukraine and taiwan ,section #agjc of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 is amended-- 7#a7 in the section heading1 by inserting and ,taiwan after ,ukraine2 7#b7 in subsection 7a71 by inserting 1 the ,committee on ,foreign ,relations of the ,senate1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives after congressional defense committees2 7#c7 in subsection 7d77#b71 by inserting or ,taiwan after ,ukraine2 7#d7 in subsection 7e71 by striking ,december #ca1 #bjbf and inserting ,december #ca1 #bjdj2 and 7#e7 by striking subsection 7f7 and inserting the following3 7f7 ,covered system ,in this section1 the term covered system means-- 7#a7 any system provided to the ,government of ,ukraine or the ,government of ,taiwan pursuant to-- 7,a7 section #ejf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcah72 or 7,b7 section #fad of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcfd72 7#b7 any system provided to the ,government of ,ukraine pursuant to the ,ukraine ,security ,assistance ,initiative established under section #abej of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib71 including as amended by this ,act1 if such system was provided to ,ukraine after ,february #bd1 #bjbb2 or 7#c7 any system provided to the ,government of ,taiwan-- 7,a7 pursuant to section #eejb7;b7 of this ,act2 or 7,b7 that is necessary for a denial defense of ,taiwan4 4 7c7 ,assessment on expanding national technology and industrial base ,section #bbb;d7b7 of title #aj1 ,united ,states ,code1 as added by section #agja7;d77#a7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc71 is amended by adding at the end the following new paragraph3 7#ac7 ,an assessment of the feasibility and advisability of expanding the national technology and industrial base 7as defined in section #dhja of this title7 to include entities outside of the ,united ,states1 ,canada1 the ,united ,kingdom1 ,new ,zealand1 ,israel1 and ,australia in order to increase the number of suppliers of weapons described in section #agje7;c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc71 with particular attention to member states of the ,north ,atlantic ,treaty ,organization1 treaty allies of the ,united ,states in the ,indo-,pacific1 and members of the ,quadrilateral ,security ,dialogue4 4 7d7 ,minimum annual production levels ,the ,secretary of ,defense shall include minimum annual production levels for weapons described in section #agje7;c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 in any contract for the procurement of such weapons entered into on or after the date of the enactment of this ,act4