What This Bill Does
This bill gives the President power to use the U.S. military to protect Taiwan if it faces armed attack from China. The bill also encourages closer military ties, trade discussions, and high-level meetings between the United States and Taiwan.
##
Who It Affects
The President of the United States, the U.S. military, the Secretary of Defense, the Secretary of State, the U.S. Trade Representative, Taiwan's government, and members of Congress.
##
Key Provisions
* The President can use U.S. Armed Forces to protect Taiwan against direct armed attack, territory seizure, or threats to the lives of Taiwan's military members or civilians (Sec. 102(a))
* The President should publicly declare that the U.S. will protect Taiwan from military action by China (Sec. 102(c))
* Within 180 days, the Secretary of Defense should organize annual security meetings with Taiwan and other Pacific allies to improve military coordination (Sec. 201(a))
* Within 180 days, the U.S. Trade Representative should try to negotiate a trade agreement with Taiwan (Sec. 202)
* The Secretary of Defense should consider increasing U.S. Navy operations through the Taiwan Strait and in the Western Pacific (Sec. 203(c))
* Within one year, the President or Secretary of State should arrange a meeting in Taiwan with Taiwan's President (Sec. 205(a))
##
What Changes
If this bill becomes law, the President gains explicit legal authority to use the U.S. military to defend Taiwan in three specific scenarios: direct armed attack, territory seizure, or threats to military or civilian lives. The bill also sets new expectations that U.S. officials pursue military exercises, trade negotiations, and high-level visits with Taiwan.
##
Important Definitions
None defined in bill text.
##
Effective Date
The military authorization lasts for 5 years from when the bill becomes law (Sec. 102(e)).
II
118TH CONGRESS
1ST SESSION
S. 477
To authorize the President to use military force for the purpose of securing
and defending Taiwan against armed attack, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 2023
Mr. SCOTT of Florida introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
A BILL
To authorize the President to use military force for the
purpose of securing and defending Taiwan against armed
attack, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Taiwan Invasion Pre-
4
vention Act’’.
5
SEC. 2. TABLE OF CONTENTS.
6
The table of contents for this Act is as follows:
7
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
2
•S 477 IS
Sec. 101. Findings; sense of Congress.
Sec. 102. Authorization for use of United States Armed Forces.
TITLE II—OTHER MATTERS
Sec. 201. Regional security dialogue to improve security relationships in the
Western Pacific area.
Sec. 202. United States-Taiwan bilateral trade agreement.
Sec. 203. United States-Taiwan combined military exercises and related ac-
tions.
Sec. 204. Sense of Congress regarding United States support for defending
Taiwan.
Sec. 205. High-level visits.
Sec. 206. Sense of Congress regarding address to joint session of Congress by
President of Taiwan.
TITLE I—AUTHORIZATION FOR
1
USE
OF
UNITED
STATES
2
ARMED FORCES
3
SEC. 101. FINDINGS; SENSE OF CONGRESS.
4
(a) FINDINGS.—Congress finds the following:
5
(1) Taiwan is a free and prosperous democracy
6
of nearly 24,000,000 people and is an important
7
contributor to peace and stability around the world.
8
(2) Section 2(b) of the Taiwan Relations Act
9
(Public Law 96–8; 22 U.S.C. 3301(b)) states that it
10
is the policy of the United States—
11
(A) ‘‘to preserve and promote extensive,
12
close, and friendly commercial, cultural, and
13
other relations between the people of the United
14
States and the people on Taiwan, as well as the
15
people on the China mainland and all other peo-
16
ples of the Western Pacific area’’;
17
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
3
•S 477 IS
(B) ‘‘to declare that peace and stability in
1
the area are in the political, security, and eco-
2
nomic interests of the United States, and are
3
matters of international concern’’;
4
(C) ‘‘to make clear that the United States
5
decision to establish diplomatic relations with
6
the People’s Republic of China rests upon the
7
expectation that the future of Taiwan will be
8
determined by peaceful means’’;
9
(D) ‘‘to consider any effort to determine
10
the future of Taiwan by other than peaceful
11
means, including by boycotts or embargoes, a
12
threat to the peace and security of the Western
13
Pacific area and of grave concern to the United
14
States’’;
15
(E) ‘‘to provide Taiwan with arms of a de-
16
fensive character’’; and
17
(F) ‘‘to maintain the capacity of the
18
United States to resist any resort to force or
19
other forms of coercion that would jeopardize
20
the security, or the social or economic system,
21
of the people on Taiwan’’.
22
(3) Since the election of President Tsai Ing-wen
23
as President of Taiwan in 2016, the Government of
24
the People’s Republic of China has intensified its ef-
25
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
4
•S 477 IS
forts to pressure Taiwan through diplomatic isola-
1
tion and military provocations.
2
(4) The rapid modernization of the People’s
3
Liberation Army and recent military maneuvers in
4
and around the Taiwan Strait illustrate a clear
5
threat to Taiwan’s security.
6
(b) SENSE OF CONGRESS.—It is the sense of Con-
7
gress that—
8
(1) both the United States and Taiwan have
9
made significant strides since 1979 in bolstering
10
their defense relationship;
11
(2) the People’s Republic of China has dramati-
12
cally increased the capability of its military forces
13
since 1979;
14
(3) the People’s Republic of China has in recent
15
years increased the use of its military forces to har-
16
ass and provoke Taiwan with the threat of over-
17
whelming force; and
18
(4) it is the policy of the United States to con-
19
sider any effort to determine the future of Taiwan
20
by anything other than peaceful means, including by
21
boycotts or embargoes, a threat to the peace and se-
22
curity of the Western Pacific area, and of grave con-
23
cern to the United States.
24
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
5
•S 477 IS
SEC. 102. AUTHORIZATION FOR USE OF UNITED STATES
1
ARMED FORCES.
2
(a) IN GENERAL.—The President is authorized to
3
use the Armed Forces of the United States and take such
4
other measures as the President determines to be nec-
5
essary and appropriate in order to secure and protect Tai-
6
wan against—
7
(1) a direct armed attack by the military forces
8
of the People’s Republic of China against the mili-
9
tary forces of Taiwan;
10
(2) the taking of territory under the effective
11
jurisdiction of Taiwan by the military forces of the
12
People’s Republic of China; or
13
(3) the endangering of the lives of members of
14
the military forces of Taiwan or civilians within the
15
effective jurisdiction of Taiwan in cases in which
16
such members or civilians have been killed or are in
17
imminent danger of being killed.
18
(b) WAR POWERS RESOLUTION REQUIREMENTS.—
19
(1) SPECIFIC
STATUTORY
AUTHORIZATION.—
20
Consistent with section 8(a)(1) of the War Powers
21
Resolution (50 U.S.C. 1547(a)(1)), Congress de-
22
clares that this section is intended to constitute spe-
23
cific statutory authorization within the meaning of
24
section 5(b) of the War Powers Resolution (50
25
U.S.C. 1544(b)).
26
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
6
•S 477 IS
(2)
APPLICABILITY
OF
OTHER
REQUIRE-
1
MENTS.—Nothing in this Act may be construed to
2
supersede any requirement of the War Powers Reso-
3
lution (50 U.S.C. 1541 et seq.).
4
(c) SENSE OF CONGRESS.—It is the sense of Con-
5
gress that, at the earliest possible date after the date of
6
the enactment of this Act, the President should release
7
a public declaration that it is the policy of the United
8
States to secure and protect Taiwan against any action
9
of the People’s Republic of China described in paragraph
10
(1), (2), or (3) of subsection (a).
11
(d) STATEMENT OF POLICY.—It is the policy of the
12
United States to demand that the People’s Republic of
13
China officially renounce the use or threat of military
14
force in any attempt to unify with Taiwan.
15
(e) AUTHORIZATION PERIOD.—
16
(1) IN GENERAL.—The authorization for use of
17
the Armed Forces under this section shall expire on
18
the date that is 5 years after the date of the enact-
19
ment of this Act.
20
(2) SENSE OF CONGRESS.—It is the sense of
21
Congress that the authorization for use of the
22
Armed Forces under this section should be reauthor-
23
ized by a subsequent Act of Congress.
24
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
7
•S 477 IS
TITLE II—OTHER MATTERS
1
SEC. 201. REGIONAL SECURITY DIALOGUE TO IMPROVE SE-
2
CURITY RELATIONSHIPS IN THE WESTERN
3
PACIFIC AREA.
4
(a) IN GENERAL.—Not later than 180 days after the
5
date of the enactment of this Act, the Secretary of De-
6
fense, in coordination with the Secretary of State and the
7
heads of other relevant Federal agencies, as appropriate,
8
shall seek to convene, on an annual basis, a regional secu-
9
rity dialogue with the Government of Taiwan and the gov-
10
ernments of like-minded security partners to improve the
11
security relationships among the United States and such
12
countries in the Western Pacific area.
13
(b) MATTERS TO BE INCLUDED.—The regional secu-
14
rity dialogue may consider matters relating to—
15
(1) coordinating lower-level military-to-military
16
dialogue; and
17
(2) planning for potential military confrontation
18
scenarios.
19
SEC. 202. UNITED STATES-TAIWAN BILATERAL TRADE
20
AGREEMENT.
21
Not later than 180 days after the date of the enact-
22
ment of this Act, the United States Trade Representative
23
should seek to enter into negotiations with representatives
24
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
8
•S 477 IS
from Taiwan to establish a bilateral trade agreement be-
1
tween the United States and Taiwan.
2
SEC. 203. UNITED STATES-TAIWAN COMBINED MILITARY
3
EXERCISES AND RELATED ACTIONS.
4
(a) COMBINED MILITARY EXERCISES.—The Sec-
5
retary of Defense, in coordination with the heads of other
6
relevant Federal agencies, should seek to carry out a pro-
7
gram of combined military exercises between the United
8
States, Taiwan, and, if feasible, other United States allies
9
and partners to improve military coordination and rela-
10
tions with Taiwan.
11
(b) COMBINED DISASTER RELIEF EXERCISES.—The
12
Secretary of Defense, in coordination with the heads of
13
other relevant Federal agencies, should engage with their
14
counterparts in Taiwan to organize combined disaster and
15
humanitarian relief exercises.
16
(c) TAIWAN STRAIT TRANSITS, FREEDOM OF NAVI-
17
GATION OPERATIONS, AND PRESENCE OPERATIONS.—
18
The Secretary of Defense should consider increasing tran-
19
sits through the Taiwan Strait, freedom of navigation op-
20
erations in the Taiwan Strait, and presence operations in
21
the Western Pacific by the United States Navy, including
22
in conjunction with United States allies and partners.
23
(d) SENSE OF CONGRESS.—It is the sense of Con-
24
gress that Taiwan should dedicate additional domestic re-
25
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
9
•S 477 IS
sources toward advancing its military readiness for pur-
1
poses of defending Taiwan, including through—
2
(1) steady increases in annual defense spending
3
as a share of gross domestic product;
4
(2) procurements of defense technologies that
5
directly bolster Taiwan’s asymmetric defense capa-
6
bilities;
7
(3) reform of Taiwan’s military reserves, includ-
8
ing increasing the length of training required and
9
number of days required in service annually;
10
(4) participation with United States Armed
11
Forces in combined military exercises; and
12
(5) further engagement with the United States
13
on strengthening Taiwan’s cyber capabilities.
14
SEC. 204. SENSE OF CONGRESS REGARDING UNITED
15
STATES SUPPORT FOR DEFENDING TAIWAN.
16
It is the sense of Congress that—
17
(1) given the security considerations posed by
18
the People’s Republic of China, the Secretary of
19
State should accelerate the approval of sales of de-
20
fense articles and services to Taiwan for purposes of
21
defending Taiwan; and
22
(2) the Secretary of Defense should offer sup-
23
port to Taiwan by—
24
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
10
•S 477 IS
(A) continuing to send United States mili-
1
tary advisors to Taiwan for training purposes;
2
(B) encouraging members of the United
3
States Armed Forces to enroll in Taiwan’s Na-
4
tional Defense University;
5
(C) maintaining a significant United
6
States naval presence within a close proximity
7
to Taiwan; and
8
(D) reestablishing the Taiwan Patrol
9
Force under the direction of the United States
10
Navy.
11
SEC. 205. HIGH-LEVEL VISITS.
12
(a) VISIT
TO TAIWAN
BY PRESIDENT
OF
THE
13
UNITED STATES.—Not later than 1 year after the date
14
of the enactment of this Act, the President or the Sec-
15
retary of State (if designated by the President), with ap-
16
propriate interagency consultation and participation,
17
should arrange a meeting in Taiwan with the President
18
of Taiwan.
19
(b) VISIT TO THE UNITED STATES BY PRESIDENT
20
OF TAIWAN.—It is the sense of Congress that the United
21
States would benefit from a meeting in the United States
22
between the President or the Secretary of State and the
23
President of Taiwan.
24
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS
11
•S 477 IS
SEC. 206. SENSE OF CONGRESS REGARDING ADDRESS TO
1
JOINT SESSION OF CONGRESS BY PRESIDENT
2
OF TAIWAN.
3
It is the sense of Congress that it would be beneficial
4
for the United States and Taiwan to invite the President
5
of Taiwan to address a joint session of Congress and sub-
6
sequently participate in a roundtable discussion with mem-
7
bers of Congress.
8
Æ
VerDate Sep 11 2014
04:21 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\S477.IS
S477
kjohnson on DSK79L0C42PROD with BILLS