Proposed Taiwan Initiatives in the National Defense Authorization Act (NDAA), 2016

Update: November 16, 2015

The original version of the NDAA 2016 bill vas vetoed by the president in October of 2015. On November 10, 2015, the Senate passed the “Motion to Concur in the House Amendment to S. 1356” – sending a new version of the bill (which the House had already passed on November 5, 2015) to the President for signature.

In that House version of the bill, Taiwan is listed as a potential recipient of funds to participate in the new South China Sea Initiative (page 883).

However, during its deliberations on November 5, the House removed all the other Taiwan amendments from both the House and Senate versions of the original bill. During this process, the House also made a statement regarding its views on Taiwan, which was entered into the congressional record. The text of the relevant sections:

 

The House bill contained a provision (sec. 1257) requiring the Secretary of Defense to invite the military forces of Taiwan to participate in the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China to participate in such maritime exercise.
The Senate amendment contained no similar provision.
The House recedes.
We note the matters addressed in the House provision are addressed elsewhere in the agreement.

 

The Senate amendment contained a provision (sec. 1263) that would express the sense of the Senate on Taiwan’s asymmetric military capabilities and bilateral training activities.
The House bill did not contain a similar provision.
The Senate recedes.

 

The Senate amendment contained a provision (sec. 1264) that would encourage the Secretary of Defense to carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan to improve military to military relations between the United States and Taiwan. The House bill contained a provision (sec. 1257) that would require the Secretary of Defense to invite the military forces of Taiwan to participate in the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China. The Senate amendment also contained a provision (sec. 1263) that would express the sense of the Senate on Taiwan’s asymmetric military capabilities and bilateral training activities.

We believe that the United States, in accordance with the Taiwan Relations Act (Public Law 96-8), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense. The United States should continue to support the efforts of Taiwan to integrate innovative and asymmetric capabilities to balance the growing military capabilities of the People’s Republic of China, including fast-attack craft, coastal-defense cruise missiles, rapid-runway repair systems, offensive mines, and submarines optimized for defense of the Taiwan straits. With regards to training, we believe the military forces of Taiwan should be permitted to participate in bilateral training activities hosted by the United States that increase credible deterrent capabilities of Taiwan, particularly those that emphasize the defense of Taiwan Island from missile attack, maritime blockade, and amphibious invasion by the People’s Republic of China. Toward this end, we believe that Taiwan should be encouraged to participate in exercises that include realistic air-to-air combat training, including the exercise conducted at Eielson Air Force Base, Alaska, and Nellis Air Force Base, Nevada, commonly referred to as “Red Flag.”

We recommend that the Secretary of Defense carry out a program of exchanges of military officers between the United States and Taiwan designed to improve military-to-military relations between the United States and Taiwan. The officer exchanges should include field-grade officers, particularly officers with combat and specialized experience, and general officers, who can provide support to Taiwan to develop and improve its joint warfighting capabilities.

We also note that section 1259A of the Fiscal Year 2015 National Defense Authorization Act (P.L. 113-291) includes the recommendation on inviting Taiwan to the humanitarian assistance and disaster relief portions of multilateral exercises.

 

The Senate amendment contained a provision (sec. 1264) authorizing the Department of Defense to conduct exchanges between senior military officers and senior officials focused on a variety of subjects between the United States and Taiwan designed to improve military-to-military relations between those two countries.
The House bill contained no similar provision.
The Senate recedes.
We note the matters addressed in the House provision are addressed elsewhere in the agreement.

 
Sources:
The November 5 reconciliations to the bill, along with the statement on Taiwan, start on page H8010 of the congressional record:
https://www.congress.gov/congressional-record/2015/11/05/house-section/article/H7747-5

Text of the final House version, with which the Senate concurred on November 10:
http://docs.house.gov/billsthisweek/20151102/s1356_sus_xml.pdf


 

On May 15, 2015 the U.S. House of Representatives passed its version of the National Defense Authorization Act (NDAA, which provides funding for the U.S. military) for fiscal year 2016. An amendment (#69, included as Section 1257) to the House NDAA bill (H.R. 1735) expressed support for Taiwan participation in the Rim of the Pacific Exercise (RIMPAC) – a large international naval exercise, held every two years off the coast of Hawaii – if China is also invited to participate.

 

Section 1257 of H.R. 1735

SEC. 1257. REQUIREMENT TO INVITE THE MILITARY FORCES OF TAIWAN TO PARTICIPATE IN RIMPAC EXERCISES.

(a) In General.–The Secretary of Defense shall invite the military forces of Taiwan to participate in any maritime exercise known as the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China to participate in such maritime exercise.
(b) Effective Date.–This section takes effect on the date of the enactment of this Act and applies with respect to any maritime exercise described in subsection (a) that begins on or after such date of enactment.

Source: Congress.gov

 


 

Meanwhile, the U.S. Senate is deliberating its version of the NDAA, which as of May 26, 2015 includes two Taiwan-related initiatives. One is language that would give the Pentagon authority to train and equip “a variety of South China Sea states” for maritime security, and to provide funding to do so. Taiwan is one of several singled out for participation.

In addition, one section of the S. 1376 bill expresses the Senate’s support for “Taiwan Asymmetric Military Capabilities and Bilateral Training Activities

 

Section 1263 of S. 1376

SEC. 1263. SENSE OF SENATE ON TAIWAN ASYMMETRIC MILITARY CAPABILITIES AND BILATERAL TRAINING ACTIVITIES.

It is the sense of the Senate that—

(1) the United States, in accordance with the Taiwan Relations Act (Public Law 96–8), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense;

(2) the United States should continue to support the efforts of Taiwan to integrate innovative and asymmetric measures to balance the growing military capabilities of the People’s Republic of China, including fast-attack craft, coastal-defense cruise missiles, rapid-runway repair systems, offensive mines, and submarines optimized for defense of the Taiwan straits;

(3) the military forces of Taiwan should be permitted to participate in bilateral training activities hosted by the United States that increase credible deterrent capabilities of Taiwan, particularly those that emphasize the defense of Taiwan Island from missile attack, maritime blockade, and amphibious invasion by the People’s Republic of China;

(4) toward that goal, Taiwan should be encouraged to participate in exercises that include realistic air-to-air combat training, including the exercise conducted at Eielson Air Force Base, Alaska, and Nellis Air Force Base, Nevada, commonly referred to as “Red Flag”; and

(5) Taiwan should also be encouraged to participate in advanced bilateral training for its ground forces, Apache attack helicopters, and P–3C surveillance aircraft in island-defense scenarios.

Source: Congress.gov

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