Bill Summary
The legislation, titled the "Taiwan Relations Reinforcement Act", outlines policies and actions to support US policy towards Taiwan and expresses concerns over the actions and threats of China. It includes provisions for increased cooperation and support for Taiwan, the establishment of a new cultural exchange foundation and interagency task force, and annual reports and strategies. It also discusses definitions, including "sharp power," and calls for Taiwan's inclusion in high-level bilateral and multilateral forums and dialogues.
Possible Impacts
1. Taiwanese citizens will benefit from increased cooperation with the United States military, as well as increased participation in international organizations, cultural and educational exchanges, and access to high-level bilateral and multilateral forums and exercises.
2. The legislation aims to protect US businesses and NGOs from coercion by the People's Republic of China, potentially preventing economic harm and promoting fair trade practices.
3. The establishment of a new United States-Taiwan Cultural Exchange Foundation and interagency Taiwan policy task force will enhance relations between the two countries, potentially leading to increased diplomatic and economic opportunities for both nations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4813 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4813
To support United States policy toward Taiwan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 20 (legislative day, October 19), 2020
Mr. Rubio (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To support United States policy toward Taiwan.
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 Relations Reinforcement Act
of 2020''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act of 1979 (Public Law 96-8) and
the Six Assurances, first articulated by President Ronald
Reagan in 1982, are both cornerstones of United States
relations with Taiwan, formally known as the Republic of China
(ROC).
(2) The People's Republic of China (PRC) and Taiwan have
been ruled without interruption by separate governments since
1949, and Taiwan has not been subjected to rule by the PRC at
any point since the PRC was first established in 1949.
(3) The so-called ``One China Policy'' of the United States
Government is not the same as the ``One China principle''
espoused by the People's Republic of China.
(4) Threats and actions by the Government of the People's
Republic of China to unilaterally determine Taiwan's future
through non-peaceful means, including the direct use of force,
military coercion, economic boycotts or embargoes, and efforts
to internationally isolate or annex Taiwan, would undermine
stability in the Taiwan Strait and are of grave concern to the
United States Government.
(5) The Chinese Communist Party's (CCP) global influence
operations and efforts to exert sharp power have sought to
diplomatically undermine the legitimacy of the democratically
elected Government of Taiwan, intimidate the people of Taiwan,
and force Taiwan's diplomatic partners to abandon it.
(6) The force modernization program and military buildup of
the CCP-controlled People's Liberation Army poses a serious
challenge to the balance of power in the Indo-Pacific region,
including the Taiwan Strait, and to United States national
security interests as a Pacific power.
(7) Cultural and educational exchanges between the United
States and Taiwan are a key component of building and
strengthening bilateral people-to-people ties and provide
important, high-quality learning opportunities for students
interested in politics, history, language, and culture.
(8) Taiwan is an important trading partner for the United
States, representing the 10th largest market for United States
exports in 2019.
(9) April 10, 2020, marked the 41st anniversary of the
Taiwan Relations Act of 1979 (Public Law 96-8).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should strengthen
cooperation with the military of Taiwan under the framework of
the Taiwan Relations Act (Public Law 96-8) and the Six
Assurances with consideration of the ongoing military buildup
in China and the imbalance in the security environment in the
Taiwan Strait;
(2) the United States Government should urge Taiwan to
increase its own investments in military capabilities that
support implementation of its asymmetric defense strategy;
(3) the United States Government should promote dignity and
respect for its Taiwanese counterparts, who represent more than
23,000,000 citizens, by using the full range of diplomatic and
financial tools available to promote Taiwan's inclusion and
meaningful participation in international organizations as well
as in bilateral and multilateral security summits, military
exercises, and economic dialogues and forums; and
(4) in order to deepen economic ties and advance the
interests of the United States, the United States Government
should prioritize the negotiation of a free trade agreement
with Taiwan that provides high levels of labor rights and
environmental protection as soon as possible.
SEC. 4. A TWENTY-FIRST CENTURY PARTNERSHIP WITH TAIWAN.
(a) Statement of Policy.--It is the policy of the United States to
create and execute a plan for enhancing its relationship with Taiwan by
forming a robust partnership that meets the challenges of the 21st
century, fully accounts for Taiwan's democratization, and remains
faithful to United States principles and values in keeping with the
Taiwan Relations Act and the Six Assurances.
(b) Interagency Taiwan Policy Task Force.--Not later than 90 days
after the date of the enactment of this Act, the President shall create
an interagency Taiwan policy task force consisting of senior officials
from the Office of the President, the National Security Council, the
Department of State, the Department of Defense, the Department of the
Treasury, the Department of Commerce, and the Office of the United
States Trade Representative.
(c) Report.--The interagency Taiwan Policy Task Force established
under subsection (b) shall submit an annual unclassified report with a
classified annex to the appropriate congressional committees outlining
policy and actions to be taken to create and execute a plan for
enhancing our partnership and relations with Taiwan.
SEC. 5. AMERICAN INSTITUTE IN TAIWAN.
The position of Director of the American Institute in Taiwan's
Taipei office shall be subject to the advice and consent of the Senate,
and effective upon enactment of this Act shall have the title of
Representative.
SEC. 6. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN.
(a) Statement of Policy.--It is the policy of the United States to
support United States educational and exchange programs with Taiwan,
including by authorizing such sum as may be necessary to promote the
study of Chinese language, culture, history, and politics in Taiwan.
(b) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State shall establish a new United
States-Taiwan Cultural Exchange Foundation, an independent nonprofit
dedicated to deepening ties between the future leaders of Taiwan and
the United States. The Foundation shall work with State and local
school districts and educational institutions to send high school and
university students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.
(c) Partnering With TECRO.--State and local school districts and
educational institutions such as public universities shall partner with
the Taipei Economic and Cultural Representative Office (TECRO) in the
United States to establish programs to promote an increase in
educational and cultural exchanges.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on cooperation between the United
States Government and the Taiwanese government to create an alternative
to Confucius Institutes in an effort to promote freedom, democracy,
universal values, culture, and history in conjunction with Chinese
language education.
SEC. 7. PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.
(a) Statement of Policy.--It is the policy of the United States to
promote Taiwan's inclusion and meaningful participation in meetings
held by international organizations.
(b) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials should actively support Taiwan's
membership and meaningful participation in international organizations.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on China's efforts at the United
Nations and other international bodies to block Taiwan's meaningful
participation and inclusion and recommend appropriate responses to be
taken by the United States.
SEC. 8. INVITATION OF TAIWANESE COUNTERPARTS TO HIGH-LEVEL BILATERAL
AND MULTILATERAL FORUMS AND EXERCISES.
(a) Statement of Policy.--It is the policy of the United States to
invite Taiwanese counterparts to participate in high-level bilateral
and multilateral summits, military exercises, and economic dialogues
and forums.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should invite Taiwan to
regional dialogues on issues of mutual concern;
(2) the United States Government and Taiwanese counterparts
should resume meetings under the United States-Taiwan Trade and
Investment Framework Agreement and reach a bilateral free trade
agreement;
(3) the United States Government should invite Taiwan to
participate in bilateral and multilateral military training
exercises; and
(4) the United States Government and Taiwanese counterparts
should engage in a regular and routine strategic bilateral
dialogue on arms sales in accordance with Foreign Military
Sales mechanisms, and the United States Government should
support export licenses for direct commercial sales supporting
Taiwan's indigenous defensive capabilities.
SEC. 9. REPORT ON TAIWAN TRAVEL ACT.
(a) List of High-Level Visits.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of State shall, in accordance with the Taiwan Travel Act
(Public Law 115-135), submit to the appropriate congressional
committees a list of high-level officials from the United States
Government that have traveled to Taiwan and a list of high-level
officials of Taiwan that have entered the United States.
(b) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report on
implementation of the Taiwan Travel Act.
SEC. 10. PROHIBITIONS AGAINST UNDERMINING UNITED STATES POLICY
REGARDING TAIWAN.
(a) Finding.--Congress finds that the efforts by the Government of
the People's Republic of China (PRC) and the Chinese Communist Party to
compel private United States businesses, corporations, and
nongovernmental entities to use PRC-mandated language to describe the
relationship between Taiwan and China are an intolerable attempt to
enforce political censorship globally and should be considered an
attack on the fundamental underpinnings of all democratic and free
societies, including the constitutionally protected right to freedom of
speech.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government, in coordination with United States businesses and
nongovernmental entities, should formulate a code of conduct for
interacting with the Government of the People's Republic of China and
the Chinese Communist Party and affiliated entities, the aim of which
is--
(1) to counter PRC sharp power operations, which threaten
free speech, academic freedom, and the normal operations of
United States businesses and nongovernmental entities; and
(2) to counter PRC efforts to censor the way the world
refers to issues deemed sensitive to the Government of the
People's Republic of China and Chinese Communist Party leaders,
including issues related to Taiwan, Tibet, the Tiananmen Square
Massacre, and the mass internment of Uyghurs and other Turkic
Muslims, among many other issues.
(c) Prohibition on Recognition of PRC Claims to Sovereignty Over
Taiwan.--
(1) Sense of congress.--It is the sense of Congress that--
(A) issues related to the sovereignty of Taiwan are
for the people of Taiwan to decide through the
democratic process they have established;
(B) the dispute between the People's Republic of
China and Taiwan must be resolved peacefully and with
the assent of the people of Taiwan;
(C) the primary obstacle to peaceful resolution is
the authoritarian nature of the PRC political system
under one-party rule of the Chinese Communist Party,
which is fundamentally incompatible with Taiwan's
democracy; and
(D) any attempt to coerce the people of Taiwan to
accept a political arrangement that would subject them
to direct or indirect rule by the PRC, including a
``one country, two systems'' framework, would
constitute a grave challenge to United States security
interests in the region.
(2) Statement of policy.--It is the policy of the United
States to oppose any attempt by the PRC authorities to
unilaterally impose a timetable or deadline for unification on
Taiwan.
(3) Prohibition on recognition of prc claims without assent
of people of taiwan.-- No department or agency of the United
States Government may formally or informally recognize PRC
claims to sovereignty over Taiwan without the assent of the
people of Taiwan, as expressed directly through the democratic
process.
(d) Strategy To Protect United States Businesses and
Nongovernmental Entities From Coercion.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, the Secretary of the
Treasury, and the heads of other relevant Federal agencies, shall
submit an unclassified report, with a classified annex if necessary, to
protect United States businesses and nongovernmental entities from
sharp power operations, including coercion and threats that lead to
censorship or self-censorship, or which compel compliance with
political or foreign policy positions of the Government of the People's
Republic of China and the Chinese Communist Party. The strategy shall
include the following elements:
(1) Information on efforts by the Government of the
People's Republic of China to censor the websites of United
States airlines, hotels, and other businesses regarding the
relationship between Taiwan and the People's Republic of China.
(2) Information on efforts by the Government of the
People's Republic of China to target United States
nongovernmental entities through sharp power operations
intended to weaken support for Taiwan.
(3) Information on United States Government efforts to
counter the threats posed by Chinese state-sponsored propaganda
and disinformation, including information on best practices,
current successes, and existing barriers to responding to this
threat.
(4) Details of any actions undertaken to create a code of
conduct pursuant to subsection (b) and a timetable for
implementation.
SEC. 11. STRATEGY TO RESPOND TO SHARP POWER OPERATIONS TARGETING
TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall develop and
implement a strategy to respond to sharp power operations and the
united front campaign supported by the Government of the People's
Republic of China and the Chinese Communist Party that are directed
toward persons or entities in Taiwan.
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) Development of a response to PRC propaganda and
disinformation campaigns and cyber-intrusions targeting Taiwan,
including--
(A) assistance in building the capacity of the
Taiwan government and private-sector entities to
document and expose propaganda and disinformation
supported by the Government of the People's Republic of
China, the Chinese Communist Party, or affiliated
entities;
(B) assistance to enhance the Taiwan government's
ability to develop a whole-of-government strategy to
respond to sharp power operations, including election
interference; and
(C) media training for Taiwan officials and other
Taiwan entities targeted by disinformation campaigns.
(2) Development of a response to political influence
operations that includes an assessment of the extent of
influence exerted by the Government of the People's Republic of
China and the Chinese Communist Party in Taiwan on local
political parties, financial institutions, media organizations,
and other entities.
(3) Support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to
sharp power operations.
(4) Establishment of a coordinated partnership, through the
Global Cooperation and Training Framework, with like-minded
governments to share data and best practices with the
Government of Taiwan on ways to address sharp power operations
supported by the Government of the People's Republic of China
and the Chinese Communist Party.
SEC. 12. REPORT ON DETERRENCE IN THE TAIWAN STRAIT.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary of State and the Secretary
of Defense shall submit to the appropriate congressional committees a
joint report that assesses the military posture of Taiwan and the
United States as it specifically pertains to the deterrence of military
conflict and conflict readiness in the Taiwan Strait. In light of the
changing military balance in the Taiwan Strait, the report should
include analysis of whether current Taiwan and United States policies
sufficiently deter efforts to determine the future of Taiwan by other
than peaceful means.
SEC. 13. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Sharp power.--The term ``sharp power'' means the
coordinated and often concealed application of disinformation,
media manipulation, economic coercion, cyber-intrusions,
targeted investments, and academic censorship that is
intended--
(A) to corrupt political and nongovernmental
institutions and interfere in democratic elections and
encourage self-censorship of views at odds with those
of the Government of the People's Republic of China or
the Chinese Communist Party; or
(B) to foster attitudes, behavior, decisions, or
outcomes in Taiwan and elsewhere that support the
interests of the Government of the People's Republic of
China or the Chinese Communist Party.
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