Taiwan Bills in the Congress

118th Congress, 2023 – 2024

On September 25, 2024, the U.S. House of Representatives passed H.R.3334, which sanctions top Chinese Communist Party (CCP) officials responsible for increasing aggression against Taiwan, undermining Hong Kong’s autonomy, and violating human rights in China.

The text of the proposed law states that if the U.S. President decides that “sanctionable conduct” has taken place, then members of the CCP’s central committee shall be prohibited from buying or selling property in the United States. Furthermore, those leading CCP cadres would be ineligible to receive an entry visa to the U.S. or would have their current visas revoked.

The sanctions outlined in the Act may also be applied to any “adult family members” of the top-ranking party member and their spouse.

On September 12, 2024, the U.S. House of Representatives passed this bill with an amendment supporting “Taiwan’s full participation” in the World Health Organization (WHO).

The bill establishes that any pandemic-related convention or agreement of the WHO that attempts to bind the U.S. shall be deemed to be a treaty requiring the advice and consent of the Senate.

On September 9, 2024, the U.S. House passed the “Taiwan Conflict Deterrence Act,” which aims to deter Chinese aggression toward Taiwan by publishing the assets of top People’s Republic of China (PRC) officials, as well as cutting them and their immediate family off from the U.S. financial system, if China attacks Taiwan.

If the U.S. President determines that a Chinese threat against Taiwan exists, the bill requires the U.S. Department of the Treasury to report to Congress on funds held by senior Chinese Communist Party (CCP) officials, including how they were acquired.

The treasury must then prohibit significant transactions between U.S. financial institutions and those top CCP officials, and potentially their immediate family members, with allowance for exceptions.

S.4797

H.R.8771

On June 28, 2024, the U.S. House of Representatives approved an appropriations bill (H.R.8771) for fiscal year 2025 that provides no less than US$500 million in foreign military financing (FMF) for Taiwan to strengthen deterrence across the Taiwan Strait. The bill also offers Taiwan up to US$2 billion in loans and loan guarantees for the same purpose.

This appropriations bill also includes an amendment sponsored by Rep. Tom Tiffany (R-WI) that would prevent the spending of funds to enforce the State Department’s self-imposed restrictions on high-level U.S.-Taiwan visits and communications as outlined in the “Revised Guidelines on Interacting with Taiwan.”

The bill also states that no funding should be used to “create, procure, or display any map that inaccurately depicts the territory and social and economic system of Taiwan and the islands or island groups administered by Taiwan authorities.”

S.4789

H.R.2372

On July 25, 2024, U.S. Senators Dan Sullivan (R-AK) and Tammy Duckworth (D-IL) introduced the Sanctions Targeting Aggressors of Neighboring Democracies (STAND) with Taiwan Act of 2024, which would levy a wide range of sanctions on China should it initiate “a military invasion of Taiwan.”

If passed into law, the STAND with Taiwan Act would require the imposition of devastating, comprehensive economic, energy, financial, and other sanctions on China if the People’s Liberation Army initiates a military invasion of Taiwan.

The sanctions would include the targeting of Chinese Communist Party (CCP) members and Chinese financial institutions and industrial sectors, as well as prohibiting U.S. financial institutions, including investment companies, from making any investments in a Chinese entity that benefits or is affiliated with the CCP.

S.4241

H.R.8238

This bill aims to strengthen U.S.-Taiwan defense cooperation to counter China’s growing military expansion in the region.

The Act requires the Secretary of Defense to appropriately consider Taiwan for enhanced defense industrial base cooperation activitiesto expand global defense production, increase supply chain security and resilience, and meet the defense needs of Taiwan.

It also requires the Secretary of Defense, within 180 days of enactment of the Act, to submit a report to the Congress on the feasibility and advisability of entering into one or more defense industrial agreements with Taiwan.

This bill passed the House as part of the Fiscal Year 2025 National Defense Authorization Act (NDAA) (H.R.8070) on June 14, 2024. We urge support of the Senate version of the FY 2025 NDAA (S.4638) and ensuring that the TAIWAN Security Act remains part of it when passed into law.

On April 24, 2024, U.S. President Joe Biden signed into law a foreign aid package on emergency appropriations that would provide $95 billion in military aid for Ukraine, Israel, and Taiwan.

The package includes a measure requiring the popular app TikTok be sold by its Chinese parent company, ByteDance, or face a possible ban.

This bill unlocks $1.9 billion to provide Taiwan with defensive arms, allowing the Pentagon to expedite weapons deliveries to Taiwan by drawing down from existing U.S. stocks the same way it has for Ukraine. It would also provide an additional $2 billion in Foreign Military Financing (FMF) for Indo-Pacific countries, including Taiwan.

Congress had previously approved $300 million in FMF for Taiwan in March 2024 as part of the State Department’s FY24 spending bill.

H.R.8482

S.2761

The bill aims to to counter the People’s Republic of China’s (PRC) aggressive behavior and use economic leverage to prevent an invasion of Taiwan.

This Act would look to avert a future crisis in the Taiwan Strait by revoking China’s Permanent Normal Trade Relations (PNTR) status with the United States if the PRC engages in an act of military aggression or serious economic coercion, such as a blockade, that violates the sovereignty or territorial integrity of Taiwan.

The bill also requires the United States Trade Representative and other agencies to conduct a regular assessment of current U.S. trade and supply chain vulnerabilities that would be affected by PNTR suspension, along with proposals to mitigate those risks and reduce reliance on China in the meantime.

On May 10, 2024, Chairman John Moolenaar (R-MI) and Ranking Member Raja Krishnamoorthi (D-IL) of the House Select Committee on the Chinese Communist Party (CCP) introduced the bipartisan “Taiwan Allies Fund Act” to support Taiwan’s international space and counter CCP coercion on Taiwan’s allies.

This Act trengthens Taiwan’s global network of friends by authorizing $120 million over three years for the U.S. State Department and USAID to provide foreign assistance to Taiwan’s official and unofficial partners subjected to China’s coercion and pressure.

The bill calls on the U.S. to advocate for Taiwan’s presence on the global stage, including at international organizations, and promote Taiwan’s diplomatic and unofficial ties with countries around the world.

On March 23, 2024, U.S. President Joe Biden signed into law the “Further Consolidated Appropriations Act, 2024” — a US$1.2 trillion spending package that includes US$300 million in Foreign Military Financing to Taiwan, as well as funding for U.S.-Taiwan cooperative projects.

Under the package, the “Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024” prioritizes funding for U.S. national security interests in the Indo-Pacific and strengthening the defense needs of Taiwan, including not less than US$300 million in “Foreign Military Financing” for Taiwan and US$400 million for the “Countering PRC Influence Fund.”

The package also includes US$35,964,000 for the American Institute in Taiwan (AIT) to carry out the Taiwan Relations Act, including the Taiwan Fellowship Program, which allows U.S. officials to study and work in Taiwan for up to two years.

On March 13, 2024, the U.S. House of Representatives overwhelmingly passed H.R.7521. The Bill is now in the Senate before the Senate Commerce Committee, and it’s headed for the Senate floor.

This bill prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President.

Under the bill, a foreign adversary controlled application is directly or indirectly operated by (1) ByteDance, Ltd. or TikTok (including subsidiaries or successors that are controlled by a foreign adversary); or (2) a social media company that is controlled by a foreign adversary and has been determined by the President to present a significant threat to national security.

The measure to “divest or ban” TikTok was later incorporated into H.R.815 and became law in April 2024.

The bill would require the U.S. Department of the Treasury to terminate the U.S.-China Tax Treaty within 30 days of a Presidential determination that China has initiated an armed attack on Taiwan.

“The United States must make it crystal clear the Chinese Communist Party will face dire consequences if it moves to invade Taiwan,” Sen. John Cornyn said, urging his colleagues to support the bill.

This act requires the U.S. to advocate for Taiwan’s membership at the International Monetary Fund (IMF).

The U.S. Governor of the IMF must advocate for (1) Taiwan’s admission into the IMF as a member, (2) Taiwan’s participation in the IMF’s regular surveillance activities relating to Taiwan’s economic and financial policies, (3) employment opportunities at the IMF for Taiwan nationals, and (4) Taiwan’s ability to receive IMF technical assistance and training.

S.Res.521

H.Res.955

This bipartisan resolution commends Taiwan’s commitment to democratic elections and institutions in the face of threats from China before Taiwan’s presidential and legislative elections on January 13.

The Senate resolution was introduced by Sens. Dan Sullivan (R-AK) and Tim Kaine (D-VA). It had 48 cosponsors, and was agreed to in the Senate.

The House resolution was introduced by Reps. Gerry Connolly (D-VA), Mario Díaz-Balart (R-FL), Ami Bera (D-CA), and Andy Barr (R-KY), Co-Chairs of the Congressional Taiwan Caucus. It was cosponsored by 79 representatives.

H.R.2670

S.2226

On December 22, 2023, U.S. President Joe Biden signed into law the “National Defense Authorization Act for Fiscal Year 2024” (FY 2024 NDAA), which authorizes the U.S. Secretary of Defense to create a comprehensive training program for Taiwan’s military, and requires a status report on the delivery of defense weapons and services that the U.S. has agreed to sell to Taiwan.

Provisions in the FY 2024 NDAA related to Taiwan include measures to help strengthen its defense capabilities, counter Chinese influence campaigns, and support Taiwan’s participation in international organizations.

One of those provisions requires the U.S. Secretary of Defense, in consultation with “appropriate officials in Taiwan,” to establish “a comprehensive training, advising, and institutional capacity-building program” for Taiwan’s military forces.

Other sections in the NDAA require relevant U.S. officials to closely monitor deliveries of defense articles to U.S. allies, including Taiwan, and to prevent delays.

The authorization act also requires U.S. officials to engage with Taiwan on expanding military cybersecurity cooperation.

U.S. Senators Marco Rubio (R-FL) and Jeff Merkley (D-OR) reintroduced the Taiwan Relations Reinforcement Act to update and bolster U.S. policy to support Taiwan amid China’s increased military and diplomatic aggression.

If the bill were passed, it would elevate the status of the Director of the American Institute in Taiwan (AIT) to “Representative,” and the appointment of the U.S. Representative to Taiwan would have to be approved by the Senate, as is required for all U.S. Ambassadors.

It would also, among other things, require the U.S. President to create an “Interagency Taiwan Policy Task Force” consisting of senior U.S. officials who would submit an annual report to Congress detailing actions that should be taken to enhance U.S.-Taiwan relations.

This bill creates a new tax code section with special rules to relieve double taxation on U.S.-Taiwan cross border investments and provide substantial tax benefits to qualified residents of Taiwan with income from sources within the United States.

This includes the reduction of the rate of withholding of taxes, the application of permanent establishment rules, treatment of income from employment, and the determination of the residency of citizens of Taiwan.

This bill was incorporated into the “Tax Relief for American Families and Workers Act of 2024” (H.R.7024) which passed the House on January 31, 2024.

U.S. Rep. Lance Gooden (R-TX), with 14 of his colleagues, introduced this resolution urging the Biden administration to formally and respectfully invite Taiwan’s President Tsai Ing-wen to attend the November 2023 APEC leaders’ summit in San Francisco, California, on an equal footing with leaders of other APEC member states.

Taiwan is a full member in good standing of the Asia-Pacific Economic Cooperation (APEC) and an increasingly important economy in the Asia-Pacific region and globally. It deserves equal respect and treatment given to all other APEC members, including receiving the invitation for Taiwan’s president to attend the annual “APEC Economic Leaders’ Meeting.”

S.2995

H.R.1176

This bill aims to counter China’s attempts to distort United Nations General Assembly (UNGA) Resolution 2758, fabricated claim of sovereignty over Taiwan, and growing efforts to exclude Taiwan from international organizations.

This Act clarifies that UNGA Resolution 2758 did not address the issues of Taiwan’s territorial sovereignty and international representation, nor did the resolution determine the relationship between the PRC and Taiwan.

It requires the U.S., as a member of any international organizations, to “oppose any attempts by the [PRC] to resolve Taiwan’s status by distorting the decisions, language, policies, or procedures” of such organizations.

It encourages U.S. allies and partners to oppose the PRC’s efforts to undermine Taiwan’s international relations and participation.

The bill also emphasizes that the U.S. “opposes any initiative that seeks to change Taiwan’s status without the consent of the [Taiwanese] people.”

On July 25, 2023, the House of Representatives unanimously passed H.R.1176. The Senate should follow suit and swiftly pass this crucial piece of legislation.

U.S. Senators Marsha Blackburn (R-TN) and Ed Markey (D-MA) introduced this bipartisan resolution urging U.S. colleges and universities to support the U.S.-Taiwan Education Initiative and collaborate with Taiwan to create Mandarin-language education programs as an alternative to China’s propaganda fueled Confucius Institutes.

The move comes amid a sharp decline in Chinese government-funded Confucius Institutes, which are facing pressure from the U.S. government due to allegations that they are involved in propaganda and espionage activities directed by Beijing.

This bill confirms the U.S. Congress’ support for the initial agreement signed on June 1, 2023 under the U.S.-Taiwan Initiative on 21st Century Trade, and seeks to require Congressional consultation and approval for any subsequent trade agreements with Taiwan.

The bill, which cleared the U.S. House of Representatives on June 21, 2023, was passed in the Senate by a voice vote on July 18, 2023. It was signed into law by President Joe Biden on August 7, 2023.

H.R.4729

S.1457

This bill would authorize the Biden Administration to negotiate and conclude a tax agreement with Taiwan.

Similar to a tax treaty, this U.S.-Taiwan tax agreement would play a key role in facilitating investment between the United States and Taiwan, including in key strategic industries such as semiconductors, by making it easier for businesses in the U.S. and Taiwan to avoid double taxation while protecting against tax evasion.

This bill was incorporated into the “Tax Relief for American Families and Workers Act of 2024” (H.R.7024) which passed the House on January 31, 2024.

S.1513

H.R.3171

This bill calls to rename Taiwan’s de facto embassy in the U.S. from the “Taipei Economic and Cultural Representative Office” (TECRO) to the “Taiwan Representative Office” (TRO).

This Act provides that it shall be the policy of the United States, consistent with the “Taiwan Relations Act” and the “Six Assurances,” to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities.

Taiwan’s de facto embassy in the U.S. represents not just the city of Taipei, but the country of Taiwan as a whole. The current title of the office does not reflect the national identity and dignity of Taiwan.

Referring to Taiwan as “Taiwan” is consistent with longstanding U.S. policy. We therefore have the “TAIWAN Relations Act,” “TAIWAN Travel Act,” etc., and an “American Institute in TAIWAN” (AIT).

S.1241

H.R.2756

This bill would require the Pentagon to expand cybersecurity cooperation with Taiwan to counter cyber threats from China.

Specifically, the bill would authorize the U.S. Department of Defense (DoD) to: (1) conduct cybersecurity training exercises with Taiwan; (2) defend Taiwan’s military networks, infrastructure, and systems; (3) leverage U.S. cybersecurity technologies to help defend Taiwan; and (4) eradicate ongoing malicious cyber activity targeting Taiwan.

S.1074

H.R.2449

This bill would require the U.S. Department of Defense (DoD), the Department of Commerce, the Department of State, and other federal agencies to report to Congress on the United States’ “non-kinetic options” to both prepare for and respond to a Communist China’s attack on Taiwan, including opportunities to sanction the Chinese Communist Party (CCP) and preempt Beijing’s retaliatory measures.

The bill cleared the U.S. Senate Foreign Relations Committee (SFRC) on June 8, 2023 with two provisions added: The bill should not be seen as a change to the U.S.’ “one China policy” and should not be seen as authorizing the use of military force.

This bill, which amends the “Taiwan Assurance Act of 2020,” would require the U.S. State Department to periodically conduct reviews of its guidelines for engagement with Taiwan, and submit updated reports to Congress at least once every two years.

The reports to Congress must: (1) explain how the guidance deepens and expands U.S.-Taiwan relations, and reflects the value, merits, and importance of the U.S.-Taiwan relationship; (2) give due consideration to the fact that Taiwan is a democratic partner and a free and open society that respects universal human rights and democratic values; (3) ensure that the conduct of relations with Taiwan reflects the longstanding, comprehensive, and values-based relationship the U.S. shares with Taiwan, and contribute to the peaceful resolution of cross-Strait issues; and (4) identify opportunities to lift any remaining self-imposed limitations on U.S.-Taiwan engagement and articulate a plan to do so.

S.770

H.R.1330

This bill aims at supporting U.S.-Taiwan partnership by authorizing a defense lend or lease program with the Government of Taiwan to deter Communist China’s preemptive aggression.

Under the bill, the U.S. President may lend or lease defense articles to Taiwan’s government with interest, as part of efforts to protect Taiwan from potential aggression carried out by the People’s Liberation Army (PLA) of China.

This concurrent resolution calls for the U.S. to (1) resume normal diplomatic relations with Taiwan, (2) abandon its antiquated “One China Policy,” (3) negotiate a U.S.-Taiwan bilateral free trade agreement (FTA), and (4) support Taiwan’s membership in international organizations.