Taiwan Bills in the Congress

118th Congress, 2023 – 2024

117th | 116th

H.R.2882

Further Consolidated Appropriations Act, 2024

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.

H.R.7521

Protecting Americans from Foreign Adversary Controlled Applications Act

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.

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S.3861

A bill to terminate the United States-People's Republic of China Income Tax Convention if the People's Liberation Army initiates an armed attack against Taiwan

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.

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H.R.540

Taiwan Non-Discrimination Act of 2023

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.

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S.Res.521

H.Res.955

A resolution commending Taiwan for its history of democratic elections, and expressing support of Taiwan’s democratic institutions

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.

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H.R.2670

S.2226

National Defense Authorization Act for Fiscal Year 2024

To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

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.

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S.3110

Taiwan Relations Reinforcement Act of 2023

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.

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H.Con.Res.71

Expressing the sense of Congress to encourage full participation of Taiwan in the Asia-Pacific Economic Cooperation forum

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.”

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S.Res.363

A resolution supporting continued United States and Taiwan cooperation in education

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.

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S.2761

DETER Act of 2023

The bill aims to deter China’s invasion of Taiwan by establishing conditions for suspending “normal trade relations” with the People’s Republic of China (PRC).

H.R.4004

United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act

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.

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H.R.1176

Taiwan International Solidarity Act

This bill aims to counter China’s attempts to distort United Nations General Assembly (UNGA) Resolution 2758 and undermine Taiwan’s participation in international organizations.

The bill clarifies that UNGA Resolution 2758 only dealt with the issue of China’s representation in the UN.

“The resolution did not address the issue of representation of Taiwan and its people in the United Nations or any related organizations, nor did the resolution take a position on the relationship between the People’s Republic of China and Taiwan or include any statement pertaining to Taiwan’s sovereignty,” the bill emphasizes.

The bill also underscores that “the United States opposes any initiative that seeks to change Taiwan’s status without the consent of the people.”

The bill cleared the U.S. House Foreign Affairs Committee on May 16, 2023, and passed the U.S. House of Representatives unanimously on July 25, 2023.

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S.1457

H.R.4729

Taiwan Tax Agreement Act of 2023

To authorize negotiation and conclusion and to provide for congressional consideration of a tax agreement between the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office (TECRO).

S.1457

H.R.4729

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.

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S.1513

H.R.3171

Taiwan Representative Office Act

To direct the Secretary of State to seek to enter into negotiations with the TECRO to rename its office the “Taiwan Representative Office,” and for other purposes.

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).

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S.1241

H.R.2756

Taiwan Cybersecurity Resiliency Act of 2023

To direct the Secretary of Defense to seek to engage the Government of Taiwan regarding expanded cooperation with respect to military cybersecurity activities, and for other purposes

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.

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S.1074

H.R.2449

Taiwan Protection and National Resilience Act of 2023

To require a strategy for countering the People’s Republic of China

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.

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H.R.1159

Taiwan Assurance Implementation Act

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.

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S.770

H.R.1330

Taiwan Democracy Defense Lend-Lease Act of 2023

A bill to provide for the loan and lease of defense articles to the Government of Taiwan, and for other purposes

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.

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H.Con.Res.10

A Resolution Calling for U.S.-Taiwan Diplomatic Relations

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.
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