Tag: congress

Taiwan in the National Defense Authorization Act (NDAA), 2024

Update, December 22, 2023

On this date, U.S. President Joe Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year 2023.

The bill became Public Law No: 118-31 and contained several Taiwan provisions:

SEC. 1301. Sense of Congress on Defense Alliances and Partnerships in the Indo-Pacific Region.
(6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances, with the goal of improving Taiwan’s defensive capabilities and promoting peaceful cross-strait relations;

SEC. 1307. Sense of Congress on Taiwan Defense Relations
It is the sense of Congress that—
(1) the United States’ one China policy, as guided by the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.), the Three Communiques between the United States and the People’s Republic of China, and the Six Assurances provided by the United States to Taiwan in July 1982, is the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities, including by –
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain sufficient defensive capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of– (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and disaster relief; and

(6) the United States should increase its support to a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.

SEC 1309. Training, Advising, and Institutional Capacity-Building Program for Military Forces of Taiwan.
(a) Establishment.–Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and pursuant to section 5504 of the Taiwan Enhanced Resilience Act (22 U.S.C. 3353), the Secretary of Defense, in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.

SEC. 1518. Military Cybersecurity Cooperation with Taiwan
(a) Requirement.–Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of cooperating with the military forces of Taiwan on defensive military cybersecurity activities.

(b) Identification of Activities. –In cooperating on defensive military cybersecurity activities with the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts to identify cooperative activities to–
(1) defend military networks, infrastructure, and systems;
(2) counter malicious cyber activity that has compromised such military networks, infrastructure, and systems;
(3) leverage United States commercial and military cybersecurity technology and services to harden and defend such military networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and exercises.

(c) Briefings.
(1) Requirement.–Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
(2) Contents.–The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of cooperating with the Ministry of Defense of Taiwan on the defensive military cybersecurity activities identified pursuant to subsection (b). (B) An identification of any challenges and resources that would be needed to addressed to conduct such cooperative activities. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matters the Secretary determines relevant.

(d) Appropriate Congressional Committees Defined. —In this section, the term “appropriate congressional committees” means–
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 7407. Independent Study on Economic Impact of Military Invasion of Taiwan by People’s Republic of China.
(a) Requirement. —Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall seek to enter into a contract with an eligible entity to conduct a comprehensive study on the global economic impact of a military invasion of Taiwan by the People’s Republic of China or certain other aggressive or coercive actions taken by the People’s Republic of China with respect to Taiwan.

(b) Matters Included. —The study required under subsection (a) shall include the following:
(1) An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from an invasion of Taiwan by the People’s Republic of China under various potential invasion and response scenarios, including with respect to the impact on–(A) supply chains; (B) trade flows; (C) financial markets; (D) sovereign debt; and (E) gross domestic product, unemployment, and other key economic indicators.
(2) An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from of an aggressive or coercive military, economic, or other action taken by the People’s Republic of China with respect to Taiwan that falls short of an invasion, including as a result of a blockade of Taiwan.
(3) The development of economic policy options, to include sanctions and supply chain restrictions, designed to cause escalating impacts on the economy of the People’s Republic of China during a pre-conflict phase.

(c) Report. —
(1) In general.–Not later than 270 days after the date of the enactment of this Act, the eligible entity that the Director of National Intelligence enters into an agreement with under subsection (a) shall submit to the Director a report containing the results of the study conducted under such subsection.
(2) Submission to congress.–Not later than 30 days after the date the Director receives the report under paragraph (1), the Director shall submit the report to– (A) the congressional intelligence committees; (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and (C) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(3) Form of report. –The report required under this subsection shall be submitted in unclassified form but may include a classified annex.

(d) Eligible Entity Defined. –In this section, the term “eligible entity” means a federally funded research and development center or nongovernmental entity which has–
(1) a primary focus on studies and analysis;
(2) experience and expertise relevant to the study required under subsection (a); and
(3) a sufficient number of personnel with the appropriate security clearance to conduct such study.


Update, December 14, 2023

On this date, the U.S. House of Representatives agreed on the Conference Report to Accompany H.R. 2670. The House moved on motion to suspend the rules and agree to the conference report (2/3 required) by a Yea/Nay vote of 310-118.

The NDAA 2024 now goes to the President’s desk to be signed.


Update, December 13, 2023

On this date, the U.S. Senate agreed on the Conference Report to Accompany H.R. 2670 by a Yea/Nay vote of 87-13. The report now goes to the House of Representatives chamber for a vote.


Update, December 7, 2023

On this date, the Conference Committee released the reconciled fiscal 2024 National Defense Authorization Act (as Conference Report to Accompany H.R. 2670). The report now goes to the Senate and House chambers for a final vote.


Update, July 27, 2023

On this date, the U.S. Senate passed its version of the National Defense Authorization Act for Fiscal Year 2024 (as S.2226) by a Yea/Nay vote of 86-11. The bill now goes to Conference Committee for reconciliation of the two versions (House and Senate).


Update, July 14, 2023

On this date, the U.S. House of Representatives passed its version of the National Defense Authorization Act for Fiscal Year 2023 (as H.R.2670) by a Yea/Nay vote of 219-210.


Update, July 11, 2023

On this date, the Senate Armed Services Committee filed its version of the National Defense Authorization Act for Fiscal Year 2024 (NDAA) with the United States Senate as S. 2226. The action was led by Senate Armed Services Committee Chairman Senator Jack Reed (D-RI) and Ranking Member Senator Roger Wicker (R-MS).

The filed text had several Taiwan provisions:

SEC. 1242. Training, Advising, And Institutional Capacity-Building Program For Military Forces Of Taiwan.
(a) Establishment.—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.

(b) Purposes.—The purposes of the program established under subsection (a) shall be—
(1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy;
(2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan;
(3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan;
(4) to promote joint force employment; and
(5) to improve professional military education and the civilian control of the military.

(c) Elements.—The program established under subsection (a) shall include efforts to improve—
(1) the tactical proficiency of the military forces of Taiwan;
(2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy;
(3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning;
(4) the reform and integration of the reserve military forces of Taiwan;
(5) the use of defense articles and services transferred from the United States to Taiwan;
(6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency;
(7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate;
(8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and
(9) any other matter the Secretary of Defense considers relevant.

(d) Deconfliction, Coordination, And Concurrence.—The Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable stat tory authorities available to the Secretary of Defense.

(e) Reporting.—As part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1988), the Secretary of Defense shall provide—
(1) an update on efforts made to address each element under subsection (c); and
(2) an identification of any authority or resource shortfall that inhibits such efforts.

SEC. 1247. Extension And Modification Of Certain Temporary Authorizations.
(a) In General.—Section 1244 of the James M.Inhofe National Defense Authorization Act for Fiscal Year (Public Law 117–236; 136 Stat. 2844) is amended—
(1) in the section heading, by striking “OTHER MATTERS” and inserting “TAIWAN”; and
(2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting “or the Government of Taiwan” after “the Government of Ukraine”; and (ii) in subparagraph (C), by inserting “or the Government of Taiwan” after “the Government of Ukraine”; (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: “(A) the replacement of defense articles from stocks of the Department of Defense provided to—“(i) the Government of Ukraine; “(ii) foreign countries that have provided support to Ukraine at the request of the United States; “(iii) the Government of Taiwan; or “(iv) foreign countries that have provided support to Taiwan at the request of the United States; or”; and (ii) in subparagraph (B), by inserting “or the Government of Taiwan” before the period at the end; (C) in paragraph (7), by striking “September 30, 2024” and inserting “September 30,2028”; (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following new paragraph (7): “(7) Notification.—Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule.’’.

(b) Clerical Amendments.—
(1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following: “Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.” (2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following: “Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.”

SEC. 1252. Military Cybersecurity Cooperation With Taiwan.
(a) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.

(b) Cooperation Efforts.—In expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts—
(1) to actively defend military networks, infrastructure, and systems;
(2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities and exercises.

(c) Briefings.—
(1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section.
(2) Contents.—The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant.

(d) Appropriate Committees Of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1255. Report On Range Of Consequences Of War With The People’s Republic Of China
(a) In General.—Not later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030.

(b) Elements.—The report required by subsection (a) shall
(1) account for potential—… (D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region …

SEC. 1260. Semiannual Briefings On Military Of The People’s Republic Of China.
(a) In General.—Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
(1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea;
(2) efforts by the Department of Defense to engage with the People’s Liberation Army; and
(3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea.

(b) Elements.—Each briefing required by subsection (a) shall include the following:
(1) An update on— (A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; (B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) or through the direct commercial sales or foreign military sales processes; (C) United States efforts to deter aggression by the People’s Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and (D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia.
(2) The most recent information regarding the readiness of or preparations by the People’s Liberation Army to potentially conduct aggressive military action against Taiwan.
(3) A description of any military activity carried out during the preceding quarter by the People’s Republic of China in the vicinity of Taiwan.
(4) A description of engagements by Department of Defense officials with the People’s Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities.
(5) Any other matter the Secretary considers relevant.

SEC. 1266. Assessment Of Absorptive Capacity Of Military Forces Of Taiwan.
(a) Report.—
(1) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities.
(2) Briefing Requirement.—Not later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress.
(3) Form.—The required report shall be provided in classified form with an unclassified cover letter.

(b) Definitions.—In this section:
(1) Absorptive Capacity.—The term “absorptive capacity” means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use.
(2) Appropriate Committees Of Congress.—The term “appropriate committees of Congress” means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1267. Analysis Of Risks And Implications Of Potential Sustained Military Blockade Of Taiwan By The People’s Republic Of China.
(a) Analysis Required.
(1) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China.
(2) Elements.—The analysis required by paragraph (1) shall include the following: (A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People’s Republic of China could accomplish such a blockade. (B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People’s Republic of China, and the likely timelines for such indications and warnings. (C) An identification of other coercive actions the People’s Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. (D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. (E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. (F) An assessment of key military operational problems presented by such a blockade. (G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). (H) An assessment of challenges to escalation management. (I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. (J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. (K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. (L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. (M) Any other matter the Secretary of Defense considers relevant.

(b) Interagency Engagement.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency—
(1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People’s Republic of China; and
(2) to better understand potential options for a response by the United States Government to such a blockade.

(c) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report—
(1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and
(2) the interagency engagements conducted under subsection (b).

(d) Appropriate Committees Of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.


Update, June 30, 2023

On this date, the House Committee on Armed Services reported their amended version of the NDAA 2024 with the United States House of Representatives.

The reported version included several Taiwan provisions:

SEC. 1070. Plan for Taiwan Noncombatant Evacuation Operations.
(a) Plan.—The Secretary of Defense, with the concurrence of the Secretary of State, shall maintain a sufficient evacuation plan that is suitable for execution as a noncombatant evacuation operations plan or any other evacuation mission conducted by the Department of Defense from Taiwan.

(b) Annual Review and Update.—On an annual basis, the Secretary of Defense shall—
(1) review the plan required under subsection (a)and update such plan as the Secretary determines necessary; and
(2) submit to Congress certification that the plan is either sufficient or needs to be updated.

(c) Congressional Briefings.—Not later than 180 days after the date of the enactment of this Act, and quarterly thereafter, the Assistant Secretary of Defense for Strategy, Plans, and Capabilities shall provide to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives an unclassified and classified briefing on the plan required under subsection (a).

SEC. 1304. Sense Of Congress On Taiwan Defense Relations.
It is the sense of Congress that—
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities, including by—
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain sufficient defensive capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of — (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and; (iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and disaster relief; and

(6) the United States should increase its support to a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.

SEC. 1305. Briefing On Multi-Year Plan To Fulfill Defensive Requirements Of Military Forces Of Taiwan.
(a) Briefing Required.—Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall brief the appropriate congressional committees on the status of the efforts to develop and implement the joint multi-year plan to fulfill defensive requirements of military forces of Taiwan required under section 5506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 22 U.S.C. 3355).

(b) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

SEC. 1309. Expansion Of International Technology Focused Partnerships And Experimentation Activities In The Indo-Pacific.
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall develop a plan and roadmap to—
….
(3) identify and accelerate the fielding of new capabilities and critical technologies that would improve Taiwan’s self-defense capabilities…

SEC. 1505. Military Cybersecurity Cooperation With Taiwan.
(a) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, in concurrence with the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to cooperate with the Ministry of Defense of Taiwan on defensive military cybersecurity activities.

(b) Identification of Activities.—In cooperating on defensive military cybersecurity activities with the Ministry of Defense of Taiwan under subsection (a), the Secretary of Defense may carry out efforts to identify cooperative activities to—
(1) defend military networks, infrastructure, and systems;
(2) counter malicious cyber activity that has compromised such military networks, infrastructure, and systems;
(3) leverage United States commercial and military cybersecurity technology and services to harden and defend such military networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and exercises.

(c) Briefings.
(1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
(2) Contents.—The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of cooperating with the Ministry of Defense of Taiwan on the defensive military cybersecurity activities identified pursuant to subsection (b); (B) An identification of any challenges and resources that would be needed to addressed to conduct such cooperative activities; (C) An overview of efforts undertaken pursuant to this section; (D) Any other matters the Secretary determines relevant.

(d) Appropriate Congressional Committees Defined. —In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.


Update, June 23, 2023

On this date, the Senate Armed Services Committee completed its version of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 .

The executive summary of the draft bill included Taiwan as an important priority:

Major Highlights:
(1) Supports the objectives of the National Defense Strategy, including defending the U.S.
homeland; deterring adversaries; prevailing in long-term strategic competition; and
building a resilient Joint Force:

– Establishes a comprehensive training, advising, and institutional
capacity-building program for the military forces of Taiwan.

Strengthening U.S. Posture in the Indo-Pacific Region
– Establishes a comprehensive training, advising, and institutional
capacity-building program for the military forces of Taiwan.
– Requires engagement with appropriate officials of Taiwan for the purpose of
expanding cooperation on military cybersecurity activities.


Update, June 22, 2023

On this date, the House Armed Services Committee finished its version of the National Defense Authorization Act for Fiscal Year 2024.

The summary of the committee’s draft version included support for Taiwan:

Support for Taiwan and Pacific Allies:
– Reaffirms U.S. support to the defense of Taiwan.
– Authorizes U.S. Special Operations Forces to continue training Taiwan and other partner nations in resisting the aggression and malign influence from China.
– Fully funds military exercises with our allies and partners in the Pacific to counter China’s growing reach.
– Strengthens military cybersecurity cooperation with Taiwan.
– Encourages the expansion of local military acquisition agreements with Pacific Island nations to improve bilateral relationships and counter the CCP’s increased presence and activity.
– Improves the training and development of the security cooperation workforce to expedite the delivery of Foreign Military Sales to Taiwan and other partners.


Update, April 18, 2023

On this date, the National Defense Authorization Act (NDAA) for Fiscal Year 2024 was introduced in the U.S. House of Representatives as H.R.2670. It was then referred to the House Committee on Armed Services.

For the 2023 version of this post, see Taiwan in the National Defense Authorization Act (NDAA), 2023

Permanent link to this article: https://www.ustaiwandefense.com/taiwan-in-the-national-defense-authorization-act-ndaa-2024/

Taiwan in the National Defense Authorization Act (NDAA), 2022

Update, December 27, 2021

On this date, U.S. President Joe Biden signed into law the National Defense Authorization Act (NDAA) for fiscal year 2022. The NDAA became Public Law No: 117-81.


Update, December 15, 2021

On this date, the U.S. Senate agreed to the House amendments in the National Defense Authorization Act for Fiscal Year 2022 (S.1605) by a Yea/Nay Vote of 88 – 11.

The NDAA 2022 now goes to the President’s desk to be signed.


Update, December 7, 2021

On this date, the National Defense Authorization Act for Fiscal Year 2022 (S.1605) was passed in the House by a Yea/Nay Vote of 363 – 70.

This legislation is substantially based on two bills: (1) H.R. 4350, the National Defense Authorization Act for Fiscal Year 2022, which passed the House on September 23 by a vote of 316-113; and (2) S. 2792, the National Defense Authorization Act for Fiscal Year 2022, which was approved by the Senate Armed Services Committee on July 21 by a vote of 23-3. 
(source)

The December 7 version of the bill included multiple Taiwan provisions:

SEC. 1246. Sense of Congress on Taiwan Defense Relations

It is the sense of Congress that–
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self- defense capability should be maintained; and

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by–
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales,
direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan;
(B) ensuring timely review of and response to requests by Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act;
(D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems;
(E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of–
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and
(G) expanding cooperation in humanitarian assistance and disaster relief.

SEC. 1247. Statement of Policy on Taiwan

a) Statement of Policy — Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan.
(b) Definition — In this section, the term “fait accompli” refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively.

SEC. 1248. Annual Report on Taiwan Asymmetric Capabilities and Intelligence Support

(a) In General — The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following:
(1) An intelligence assessment regarding–
(A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and
(B) irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the TaiwanStrait.
(2) The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats.
(3) The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners.
(4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan.
(5) A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section.
(6) The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act.
(7) The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co- development, or co-production arrangements.
(8) An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan.
(9) A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society.
(10) A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection.
(11) Any other matter the Secretary of Defense considers appropriate.

(b) Plan — The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a
plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection (a) that includes-
(1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
(2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and
(3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act.

(c) Report — Not later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress-
(1) a report on the results of the assessment required by subsection (a); and
(2) the plan required by subsection (b).

(d) Form –The report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex.

(e) Definitions — In this section:
(1) The term “appropriate committees of Congress” means–
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) The term “defensive asymmetric capabilities” means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces.

SEC. 1249. Feasibility Briefing on Cooperation Between the National Guard and Taiwan

(a) In General — Not later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan.

(b) Elements — The briefing required by subsection (a) shall include the following:
(1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities.
(2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including –
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) Mandarin-language education and cultural exchange; and
(E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.
(3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.
(4) Any other matter the Secretary of Defense considers appropriate


Update, September 23, 2021

On this date, the U.S. House of Representatives passed its version of the National Defense Authorization Act for Fiscal Year 2022 (H.R.4350) by a Yea/Nay Vote of 316-113.

The passed text included 3 additional Taiwan-related amendments:

Floor 53, Rule 628
Directs the Director of National Intelligence to submit to Congress a report on influence operations conducted by China to interfere in or undermine peace and stability of the Taiwan Strait and the Indo-Pacific Region and efforts by the U.S. to work with Taiwan to disrupt such operations.

Floor 59, Rule 616
Supports Taiwan’s investment in an asymmetric defense strategy by requiring a report with programmatic and policy options to support Taiwan’s defense budgeting and procurement process in a manner that facilitates sustained investment in capabilities aligned with Taiwan’s asymmetric defense strategy.

Floor 84, Rule 795
Requires the Secretary of Homeland Security and Secretary of Commerce to submit a report that includes an assessment of establishing a preclearance facility in Taiwan.


Update, September 17, 2021

On this date, the House Committee on Armed Services filed a supplemental report on the NDAA. The text of the supplemental report mentioned Taiwan in regards to Chinese Mine Warfare and on PLA Civilian Strategic Mobility Capacity. It also included two additional Taiwan-related items:

TITLE XII–MATTERS RELATING TO FOREIGN NATIONS

Items of Special Interest

Report on Anti-Ship Systems for Defense of Taiwan

The committee supports the strategic partnership between the United States and Taiwan, and notes the importance of anti-ship systems in defending the territorial integrity of the Government of Taiwan. The committee further notes the urgent need for ground-based anti-ship cruise missiles, ground-based cruise missiles, and anti-ship mines to defend United States and allied forces in the Indo-Pacific against growing threats and deter conflict in the region.

The committee strongly supports an effort to expand defense industrial cooperation with the Government of Taiwan. Therefore, the committee directs the Secretary of Defense to submit to the congressional defense committees a report by January 31, 2022, on what anti-ship systems and capabilities in the extant U.S. military hardware inventory might be used to enhance the defense of Taiwan, and plans on how these systems and capabilities could be incorporated into the current military of the Government of Taiwan to enhance their self-defense capabilities.

Report on Engaging Taiwan in Indo-Pacific Regional Dialogues or Forums

The committee recognizes the value of Taiwan-U.S. relations, and the importance Taiwan plays in the Indo-Pacific region. As such, the committee directs the Secretary of Defense to submit a report to the House Committee on Armed Services by March 1, 2022, on the Department of Defense’s plan to meaningfully engage Taiwan in regional security dialogues or forums that shall include the following:

    (1) An assessment of list of security regional dialogues or forums that would fit for Taiwan’s participation.

    (2) A discussion of current and future plans to achieve engaging Taiwan in regional security dialogues or forums.

    (3) An evaluation of the feasibility of cooperating on a range of activities with the aforementioned security dialogues or forums, including: (a) humanitarian-assistance and disaster-relief; (b) supply chain security; (c) cyber security; (d) coast guard; and (e) any other matters the Secretary of Defense determines appropriate.


Update, September 10, 2021

On this date, the NDAA, as H.R.4350, was reported (amended) in the House by the House Committee on Armed Services.

The text included three provisions for enhancing the defense and security cooperation between the United States and Taiwan:

SEC. 1243. Report on Cooperation Between the National Guard and Taiwan

(a) Report – Not later than February 15, 2022, the Secretary of Defense shall submit to appropriate congressional committees a report on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. Such report shall include the following:

(1) A description of the cooperation between the National Guard and Taiwan during the 10 preceding calendar years,
including mutual visits, exercises, training, and equipment opportunities.

(2) An evaluation of the feasibility and advisability of enhancing cooperation between the National Guard and Taiwan on a range of activities, including-
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) cultural exchange and education of members of the National Guard in Mandarin Chinese; and
(E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.

(3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.

(4) Any other matter the Secretary of Defense determines appropriate.

(b) Appropriate Congressional Committees.–In this section, the term “appropriate congressional committees” means-
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of Representatives; and
(3) the Committee on Foreign Relations of the Senate.

SEC. 1247. Sense of Congress on Taiwan Defense Relations

It is the sense of Congress that
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by–
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self- defense capability, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of–
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and disaster relief; and

(6) the United States should be committed to the defense of a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.

SEC. 1248. Sense of Congress on Inviting Taiwan to the Rim of the Pacific Exercise.

It is the sense of Congress that the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise conducted in 2022.


July 21, 2021

On this date, the NDAA 2022, as S. 2792, was approved by the Senate Armed Services Committee by a vote of 23-3. 

The text included three Taiwan provisions:

SEC. 1245. Assessment of and Plan for Improving the Defensive Asymmetric Capabilities of Taiwan

(a) Assessment – The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall conduct an assessment of –
(1) the current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional military threats;
(2) the applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
(3) the feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements;
(4) the plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan;
(5) the interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners; and
(6) any other matter the Secretary of Defense considers appropriate.

(b) Plan – The Secretary of Defense shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities that includes –
(1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
(2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and
(3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.).

(c) Report – Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress-(1) a report on the results of the assessment required by subsection (a); and
(2) the plan required by subsection (b).

(d) Definitions – In this section:
(1) Appropriate committees of congress – The term “appropriate committees of Congress” means –
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Defensive asymmetric capabilities.–The term “defensive asymmetric capabilities” means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces.

SEC. 1246. Annual Feasibility Briefing on Cooperation Between the National Guard and Taiwan

(a) Sense of Congress — It is the sense of Congress that the United States should —
(1) continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability by increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and
functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of –
(A) improving the interoperability of the military forces of the United States and Taiwan;
(B) improving the reserve forces of Taiwan; and
(C) expanding cooperation in humanitarian assistance and disaster relief;
(2) expand and strengthen Taiwan’s capability to conduct security activities, including traditional activities of the combatant commands, cooperation with the National Guard, and through multilateral activities; and
(3) using appropriate authorities and consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), seek to develop a partnership between the National Guard and Taiwan as a means of maintaining a sufficient self-defense capability.

(b) Briefing —
(1) In general — Not later than February 15, 2022, and annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan.
(2) Elements — Each briefing required by paragraph (1) shall include the following:
(A) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities.
(B) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including–
(i) disaster and emergency response;
(ii) cyber defense and communications security;
(iii) military medical cooperation;
(iv) Mandarin-language education and cultural exchange; and
(v) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.
(C) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.
(D) Any other matter the Secretary of Defense considers appropriate.

SEC. 1247. Defense of Taiwan

(a) Definitions — In this section:
(1) Deny — The term “deny” means to use combined joint operations to delay, degrade, and ultimately defeat an attempt by the People’s Republic of China to execute a fait accompli against Taiwan, resulting in–
(A) the termination of hostilities or at least the attempted fait accompli; or
(B) the neutralization of the ability of the People’s Republic of China to execute a fait accompli against Taiwan.
(2) Fait accompli — The term “fait accompli” refers to the strategy of the People’s Republic of China for invading and seizing control of Taiwan before the United States Armed Forces can respond effectively, while simultaneously deterring an effective combined joint response by the United States Armed Forces by convincing the United States that mounting such a response would be prohibitively difficult or costly.

(b) Statement of Policy — It shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli against Taiwan in order to deter the People’s Republic of China from using military force to unilaterally change the status quo with Taiwan.


July 2, 2021

The NDAA 2022, as H.R.4350, was introduced in the U.S. House of Representatives on July 2, 2021.


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Taiwan in the National Defense Authorization Act (NDAA), 2021

Update, January 1, 2021

On this date, the William M. (Mac) Thornberry National Defense Authorization Act 2021 became Public Law No: 116-283.

On this date, the NDAA 2021 passed in the Senate, overriding the veto by a Yea-Nay vote of 81-13 (the required 2/3 affirmation).

Update, December 28, 2020

On this date, the NDAA 2021 passed in the House, overriding the veto by a Yea-Nay vote of 322-87 (the required 2/3 affirmation).

Update, December 23, 2020

On this date, the Enrolled Bill was vetoed by the President. The bill is now passed to the House and Senate for a vote.

Update, December 11, 2020

On this date, the conference report was agreed to in the Senate by a Yea/Nay Vote of 84-13.

On this date, Congress also submitted the 2021 NDAA to the President for signature. The following Taiwan-related language was included in the enrolled version of the bill:

SEC. 1260. Statement of Policy and Sense of Congress on the Taiwan Relations Act

(a) STATEMENT OF POLICY.—It is the policy of the United States—
(1) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) to fully pursue the deepening of the extensive, close, and friendly relations of the United States and Taiwan pursuant to the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the intent of which is to facilitate greater cooperation and the broadening and deepening of United States-Taiwan relations;

(3) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) shall be implemented and executed, consistent with the Six Assurances, to address evolving political, security, and economic dynamics and circumstances;

(4) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States;

(5) that the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan; and

(6) as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), to maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self-defense capability;
(D) examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan;
(E) increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan; and
(F) expanding cooperation in humanitarian assistance and disaster relief;

(2) the Secretary of State should ensure that any policy guidance related to United States-Taiwan relations is fully consistent with the statement of policy set forth in subsection (a);

(3) the Secretary of Defense should ensure that policy guidance related to United States-Taiwan defense relations is fully consistent with the statement of policy set forth in subsection (a); and

(4) the Secretary of State, the Secretary of Defense, and the heads of other Federal agencies and departments, as appropriate, should issue new guidance as required to carry out such policy.

SEC. 1260A. Annual Briefing on Taiwan Arms Sales

(a) IN GENERAL.—Not later than 45 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, or his or her designee, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the United States commitment to supporting Taiwan in maintaining a sufficient self defense capability, as required by the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and affirmed in the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).

(b) ELEMENTS.—Each briefing required by subsection (a) shall include the following:
(1) A description of United States efforts to implement section 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note) by conducting regular transfers to Taiwan of defense articles tailored to meet the existing and likely future threats from the People’s Republic of China, including any effort to support Taiwan in the development and integration into its military forces of asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities.

(2) A description of the role of such transfers of defense articles and services in supporting Taiwan in maintaining the capabilities, readiness levels, and resourcing necessary to fulfill and implement Taiwan’s Overall Defense Concept.

(3) A description of—
(A) United States efforts to conduct a regularized process for consideration of transfers of defense articles and services to Taiwan; and
(B) any barriers to conducting such a process.
(c) SUNSET.—This section shall cease to have effect on December 31, 2026.

SEC. 1260B. Report On United States-Taiwan Medical Security Partnership

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of establishing a medical security partnership with the Ministry of Defense of Taiwan that shall include the following:

(1) The goals and objectives of developing a medical security partnership on issues related to pandemic preparedness and control.

(2) A discussion of current and future plans to cooperate on medical security activities.

(3) An evaluation of the feasibility of cooperating on a range of activities under the partnership, including—
(A) research and production of vaccines and medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of medical supplies and equipment; and
(D) the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy.

(4) Any other matters the Secretary of Defense determines appropriate.

SEC. 9724. Fairness for Taiwan Nationals Regarding Employment at International Financial Institutions

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Taiwan is responsible for remarkable achievements in economic and democratic development, with its per capita gross domestic product rising in purchasing power parity terms from $3,470 in 1980 to more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions, including through the contributions and insights of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions.

b) IN GENERAL.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to seek to ensure that Taiwan nationals are not discriminated against in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis of—
(1) whether they are citizens or nationals of, or holders of a passport issued by, a member country of, or a state or other jurisdiction that receives assistance from, the international financial institution; or
(2) any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.

(c) WAIVER AUTHORITY.—The Secretary of the Treasury may waive subsection (b) for not more than 1 year at a time after reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that providing the waiver
(1) will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or
(2) is in the national interest of the United States, with a detailed explanation of the reasons therefor.

(d) PROGRESS REPORT.—The Chairman of the National Advisory Council on International Monetary and Financial Policies shall submit to the committees specified in subsection (c) an annual report, in writing, that describes the progress made toward advancing the policy described in subsection (b), and a summary of employment trends with respect to Taiwan nationals at the international financial institutions.

(e) INTERNATIONAL FINANCIAL INSTITUTION DEFINED.—In this section, the term ‘‘international financial institutions’’ has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)).

(f) SUNSET.—The preceding provisions of this section shall have no force or effect beginning on the earlier of—
(1) the date that is 7 years after the date of the enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to the committees specified in subsection (c) that each international financial institution has adopted the policy described in subsection (b).

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The US-Taiwan Business Council Welcomes the Sale to Taiwan of Mobile Coastal Defense Systems with RGM-84L-4 Harpoon Block II Missiles

(Arlington, Virginia, October 26, 2020)

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale to Taiwan of up to 100 Harpoon Coastal Defense Systems (HCDS) with up to 400 RGM-84L-4 Harpoon Block II Surface Launched Missiles and related equipment and support. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of this proposed arms sale on October 26, 2020.

The published Congressional Notification (transmittal number 20-68) is for a total expected program cost of US$2.37 billion. The proposed sale consists of up to 400 RGM-84L-4 Harpoon Block II Surface Launched Missiles and 4 RTM-84L-4 Harpoon Block II Exercise Missiles. Also included are 411 containers, 100 Harpoon Coastal Defense System Launcher Transporter Units, 25 radar trucks, spare and repair parts, and other elements of personnel, documentation, engineering, technical, and logistics support.

In response to this notification, the fourth involving Taiwan over the last week, US-Taiwan Business Council President Rupert Hammond-Chambers said, “it is important to look at the totality of Taiwan’s capacity-building efforts to fully grasp the effort to improve Taiwan’s defensive capabilities.

Hammond-Chambers added “These mobile land-based coastal defense batteries, with proven and reliable Harpoon missiles, add to Taiwan’s existing anti-ship defenses and provide significant additional deterrent capabilities. The substantial expansion of Taiwan’s Coastal Defense Cruise Missile stocks, which also include the domestically designed and built Hsiung Feng II/III, is a welcome development.

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

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The US-Taiwan Business Council Comments on Three Proposed Foreign Military Sales to Taiwan for US$1.8113 billion

(Arlington, Virginia, October 21, 2020)

The US-Taiwan Business Council today welcomed the announcement of three possible Foreign Military Sales to Taiwan of 135 AGM-84H Standoff Land Attack Missile Expanded Response (SLAM-ER) Missiles, 6 MS-110 Recce Pods, and 11 High Mobility Artillery Rocket Systems (HIMARS) M142 Launchers, along with related equipment and support.

The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of these proposed arms sales on October 21, 2020. The published Congressional Notifications (transmittal numbers 20-69, 20-75, and 20-77) are for a total expected program cost of US$1.8113 billion.

  • Notification 70-69 – for an estimated program cost of US$1.008 billion – includes 135 AGM-84H Standoff Land Attack Missile Expanded Response (SLAM-ER) Missiles [a precision-guided, air-launched cruise missile], 4 ATM-84H SLAM-ER Telemetry Missiles, 12 CATM-84H Captive Air Training Missiles (CATM), 151 containers, spare and repair parts, along with related equipment, training, engineering, and other elements of technical and logistics support.
  • Notification 70-75 – for an estimated program cost of US$367.2 million – includes 6 MS-110 Recce Pods [advanced reconnaissance for F-16 fighter jets], 3 Transportable Ground Stations, 1 Fixed Ground station, spare and repair parts, system support and equipment, training, documentation, and other related elements of logistical and program support.
  • Notification 20-77 – for an estimated program cost of US$436.1 million – includes 11 High Mobility Artillery Rocket Systems (HIMARS) M142 Launchers [a truck-mounted light multiple rocket launcher], 64 Army Tactical Missile Systems (ATACMS) M57 Unitary Missiles. 7 M1152Al High Mobility Multipurpose Wheeled Vehicles (HMMWVs), 11 M240B Machine Guns (7.62MM), and 17 International Field Artillery Tactical Data Systems (IFATDS). Also included are 54 M28A2 Low Cost Reduced Range Practice Rocket Pods (LCRRPR), 11 M2Al machine guns (.50 caliber), radio systems and radio ground stations, 11 M1084A2 cargo Family of Medium Tactical Vehicles (FMTV) Resupply Vehicles (RSV), 2 M1089A2 cargo wrecker FMTV RSV, and 11 M1095 trailer cargo FMTV (5-ton). In addition, the notification includes support, training, testing, and communications equipment, along with related elements of logistical and program support.

The US-Taiwan Business Council supports these Congressional notifications. Council President Rupert Hammond-Chambers stated that “The quality of the three programs notified today clearly reflects the urgency of continued Taiwan force modernization to counteract China’s hegemonic behavior. Each program adds an important deterrent capability that should further complicate any consideration by the Chinese Communist Party (CCP) to threaten or to use force to coerce Taiwan into a political union.

Hammond-Chambers went on to say “The US-Taiwan Business Council believes that Taiwan arms sales notifications should be driven by the regular internal process, and should be free of political delays. Today’s announcements continue the return to regular order for consideration, process, and release of needed capabilities.

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

https://www.us-taiwan.org/resources/the-us-taiwan-business-council-comments-on-three-proposed-foreign-military-sales-to-taiwan/

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USTBC Comments on the Proposed Sale of Repair & Recertification of Patriot Advanced Capability-3 (PAC-3) Missiles to Taiwan

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale of Repair and Recertification of Patriot Advanced Capability-3 (PAC-3) Missiles to Taiwan. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of the proposed arms sale on July 9, 2020.

The published Congressional Notification (transmittal number 20-24) is for a total value of approximately US$620 million. The notification includes recertification of (PAC-3) missiles, Repair and Return of classified and unclassified PAC-3 missile items and Ground Support Equipment, replenishment of missile spares and GSE spares along with a seeker spares pool, air transportation services for missile processing, and other related technical and logistics support. [1]

The US-Taiwan Business Council is encouraged by these Congressional notifications. Council President Rupert Hammond-Chambers said “The maintenance of Taiwan’s PAC-3 capability is a welcome development. Taiwan is undertaking an important commitment to sustaining the quality of its legacy equipment, in support of deterring the coercive military threat from China. It is an important signal from the governments of Presidents Tsai and Trump that they are committed to peace and security in the Taiwan Strait through strong defensive capabilities.

“Taiwan’s PAC-3 ground-to-air SAM system plays an essential role in protecting Taiwan from the People’s Liberation Army (PLA) missile forces that physically and politically threaten and intimidate the country. The U.S. is right to support all of Taiwan’s legitimate defense needs, whether new F-16 fighters or the upgrade of legacy equipment.”

Hammond-Chambers went on to say that “the PLA’s commitment to its own force modernization – and the threat that poses to peace and security in Asia – is a constant reminder that consistent arms sales to Taiwan is in the interests of the United States and of its Asia Pacific allies.”

[1] See the DSCA website at http://www.dsca.mil/major-arms-sales

https://www.us-taiwan.org/resources/ustbc-comments-on-repair-recertification-of-pac-3-missiles-to-taiwan

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The US-Taiwan Business Council Comments on the Proposed Sale of 18 MK-48 Mod6 Advanced Technology (AT) Heavy Weight Torpedoes (HWT) to Taiwan

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale of 18 MK-48 Mod6 Advanced Technology (AT) Heavy Weight Torpedoes (HWT) and related equipment to Taiwan. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed arms sale on May 20, 2020.

The published Congressional Notification (transmittal number 20-07) is for a total value of approximately US$180 million. The notification includes 18 MK-48 Mod6 ATHWTs, as well as spare parts, support and test equipment, shipping and shipping containers, operator manuals, technical documentation, training, U.S. Government and contractor engineering, technical and logistics support services, and other related elements of logistics support.[1]

The US-Taiwan Business Council is encouraged by these Congressional notifications. Council President Rupert Hammond-Chambers said that “the return to regular arms sales has become a hallmark of the past several years. Taiwan’s commitment to growing its stock of munitions is important, and these MK-48 torpedoes will add to that stock. Taiwan’s balanced procurement priorities ensure that larger platforms – such as F-16s – are prioritized, while they are also tending to munitions stocks, life-cycle support, and services. It is the totality of all arms sales that helps Taiwan create a complete defense.

Hammond-Chambers went on to say “The timing of the sale is also significant. Today, Tsai Ing-wen was sworn in to her second term as President of Taiwan. The United States, through this sale, is telegraphing that its support for Taiwan’s democracy isn’t just rhetorical – with positive statements on her inauguration coming from Secretary of State Pompeo. U.S. support is also material, as we maintain our commitment to providing Taiwan with weapons to deter the threat posed by the People’s Republic of China to Taiwan’s democratic way of life.

[1] See the DSCA website at http://www.dsca.mil/major-arms-sales

https://www.us-taiwan.org/resources/ustbc-comments-on-sale-of-18-mk-48-mod6-advanced-technology-heavy-weight-torpedoes-to-taiwan/

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Taiwan in the National Defense Authorization Act (NDAA), 2020

Update, December 20, 2019

On this date, President Trump signed the National Defense Authorization Act for Fiscal Year 2020 into law (Public Law No: 116-92)

Update, December 19, 2019

On this date, Congress submitted the 2020 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

Sec. 1260b. Report on Cybersecurity Activities with Taiwan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following:

(1) The feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating responses to emerging issues related to cybersecurity.
(2) A discussion of the Department of Defense’s current and future plans to engage with Taiwan in cybersecurity activities.
(3) A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for cybersecurity activities.
(4) Any other matters the Secretary of Defense determines should be included.

Sec. 1260c. Review and Report Related to the Taiwan Relations Act.

(a) REVIEW.—The Secretary of Defense, in coordination with the Secretary of State, shall conduct a review of—

(1) whether, and the means by which, as applicable, the Government of the People’s Republic of China or the Chinese Communist Party are affecting, including through military, economic, information, digital, diplomatic, or any other form of coercion—
(A) the security, or the social and economic system, of the people of Taiwan;
(B) the military balance of power between the People’s Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with respect to the implementation of the 2017 National Security Strategy and the 2018 National Defense Strategy.

(b) REPORT.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a report on the review under subsection (a).
(2) MATTERS TO BE INCLUDED. The report under paragraph (1) shall include the following:
(A) The assessments resulting from the review.
(B) Recommendations on legislative changes or Department of Defense or Department of State policy changes necessary to ensure that the United States continues to meets its obligations to Taiwan under the Taiwan Relations Act (22 U.S.C. 3301 et seq.) S. 1790—484
(C) Guidelines for—
(i) new defense requirements, including requirements relating to information and digital space;
(ii) exchanges between senior-level civilian and military officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles, especially defense articles that are mobile, survivable, and cost effective, to most effectively deter attacks and support the asymmetric defense strategy of Taiwan.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term “appropriate committees of Congress” means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1260D. Sense of Congress on Enhancement of the United States-Taiwan Defense Relationship.

It is the sense of Congress that—

(1) Taiwan is a vital partner of the United States and is critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;
(3) the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;
(4) consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the United States should strongly support the acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on anti-ship, coastal defense, anti-armor, air defense, defensive naval mining, and resilient command and control capabilities that support the asymmetric defense strategy of Taiwan;
(5) the President and Congress should determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, as required by the Taiwan Relations Act and in accordance with procedures established by law;
(6) the United States should continue efforts to improve the predictability of United States arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and services;
(7) the Secretary of Defense should promote policies concerning exchanges that enhance the security of Taiwan, including—

(A) opportunities with Taiwan for practical training and military exercises that—
(i) enable Taiwan to maintain a sufficient self defense capability, as described in section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric defense strategy of Taiwan; S. 1790—485
(B) exchanges between senior defense officials and general officers of the United States and Taiwan, consistent with the Taiwan Travel Act (Public Law 115–135), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of United States and Taiwan forces; and
(C) opportunities for exchanges between junior officers and senior enlisted personnel of the United States and Taiwan;

(8) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief;
(9) the Secretary of Defense should consider options, including exercises and ship visits, as appropriate, to expand the scale and scope of humanitarian assistance and disaster response cooperation with Taiwan and other regional partners so as to improve disaster response planning and preparedness; and
(10) the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait, commend the armed forces of France for their April 6, 2019, legal transit of the Taiwan Strait, and encourage allies and partners to follow suit in conducting such transits, in order to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows.

SEC. 5513. Report on Efforts by People’s Republic Of China to Influence Election in Taiwan.

(a) REPORT.—

Consistent with section 3(c) of the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3302(c)), and consistent with the protection of intelligence sources and methods, not later than 45 days after the date of the election for the President and Vice President of Taiwan in 2020, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on any—
(1) influence operations conducted by China to interfere in or undermine such election; and
(2) efforts by the United States to disrupt such operations.

(b) ELEMENTS.—

The report under subsection (a) shall include the following:
(1) A description of any significant efforts by the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations specified in subsection (a)(1).
(2) A description of any efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade a free and fair election process.
(3) An assessment of whether and to what extent China conducted influence operations specified in subsection (a)(1), and, if such operations occurred—
(A) a comprehensive list of specific governmental and nongovernmental entities of China that were involved in supporting such operations and a description of the role of each such entity; and
(B) an identification of any tactics, techniques, and procedures used in such operations.

(c) FORM.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Update, December 17, 2019

On this date, the conference report, reconciling the House and Senate versions of the bill, was filed. The conference report was agreed to in the House on December 11, 2019 and in the Senate on December 17, 2019.

The conference report notes:

Report on cybersecurity activities with Taiwan (sec. 1260B)
The House amendment contained a provision (sec. 1250G) that would direct, not later than 180 days after the enactment of this Act, the Secretary of Defense to submit to the congressional defense committees a report on cybersecurity activities with Taiwan.

The Senate bill contained no similar provision.

The Senate recedes.

Review and report related to the Taiwan Relations Act (sec. 1260C)
The Senate bill contained a provision (sec. 6211) that would express the sense of the Congress concerning the Taiwan Relations Act (Public Law 96-8). The provision would also direct the Secretary of Defense, in coordination with the Secretary of State, to conduct a review of coercive behavior by the Government of the People’s Republic of China directed at Taiwan, as well as the role of United States policy toward Taiwan with respect to the implementation of the 2017 National Security Strategy and the 2018 National Defense Strategy. The provision would direct a report to be delivered to the appropriate committees of Congress on the results of the review.

The House amendment contained no similar provision.

The House recedes with an amendment that would make clarifying changes to the content of the required report.

Sense of Congress on enhancement of the United States-Taiwan defense relationship (sec. 1260D)
The Senate bill contained a provision (sec. 1257) that would express the sense of the Senate concerning the enhancement of the United States-Taiwan defense relationship.

The House amendment contained a similar provision (sec. 1248).

The House recedes with an amendment that would express the sense of the Congress that Taiwan is a vital partner of the United States, and that the United States should continue to strengthen defense and security cooperation in support of Taiwan maintaining a sufficient self-defense capability. In light of the fortieth anniversary of the Taiwan Relations Act (Public Law 96-8), the conferees encourage the Department of Defense to focus attention and resources on the future of the United States-Taiwan defense relationship, particularly in relation to implementation of the National Defense Strategy and strategic competition with China.

Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales
The Senate bill contained a provision (sec. 6212) that would, among other things, express the sense of the Congress that the United States should fully implement the provisions of the Asia Reassurance Initiative Act of 2018 (Public Law 115-409) with regard to regular defensive arms sales to Taiwan.

The House amendment contained no similar provision.

The Senate recedes.

The conferees note that the matter of arms sales to Taiwan is addressed elsewhere in this report.

Update, July 12, 2019

On this date, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2020 by Yea/Nay Vote of 220-197.  Several Taiwan-related initiatives were included. The bill now awaits reconciliation.

Update, June 27, 2019

On June 27, 2019, the U.S. Senate passed its version of the National Defense Authorization Act for 2020 by Yea/Nay Vote of 86-8.

The U.S. Senate adopted multiple provisions for enhancing the defense and security cooperation between the United States and Taiwan.

Update, June 11, 2019

The NDAA, as S.1790, was introduced in the U.S. Senate on June 11, 2019.

Update, May 2, 2019

The NDAA, as H.R.2500, was introduced in the House on May 2, 2019.

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The US-Taiwan Business Council Comments on the July 8, 2019 U.S. Arms Sales to Taiwan of M1A2 Abrams MBTs & Stinger Missiles

The US-Taiwan Business Council today welcomed the announcement of two possible Foreign Military Sales of M1A2 Abrams Main Battle Tanks (MBT), Stinger Missiles, and related equipment and support to Taiwan for a total estimated value of US$2 billion. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed Taiwan arms sales on July 8, 2019.

The published Congressional Notifications (transmittal numbers 19-21 and 19-22) are for a total value of approximately US$2 billion, with the Stinger Missiles at an estimated cost of US$223.56 million.

The first notification includes 108 M1A2T Abrams Tanks; 14 M88A2 HERCULES Vehicles; 16 M1070A1 Heavy Equipment Transporters (HET); 338 M2 Chrysler Mount and M240 Machine Guns; a variety of munitions and other equipment and services; as well as program logistics and additional support. The second notification includes 250 Block I -92F MANPAD Stinger anti-aircraft missiles and 4 Block I -92F MANPAD Stinger Fly-to-Buy missiles, along with related equipment and support.

The 108 M1A2 Abrams MBTs appear destined for the 6th Army Corps’ two armored battalions stationed in northern Taiwan. The new tanks will replace some of Taiwan’s existing M60A3 Patton and CM-11 Brave Tiger tanks in service with the Taiwan Army, as part of a refresh of some of its older existing equipment.

The US-Taiwan Business Council is encouraged by these Congressional notifications. Despite initial concerns over the efficiency of the M1A2 Abrams platform on Taiwan’s coastal wetlands and in its mountains, the U.S. has provided the Taiwan military with the equipment it has requested, trusting to Taiwan war planners and military strategists to make their own determination of Taiwan’s needs.

Council President Rupert Hammond-Chambers said that “these tanks and missiles will provide the Taiwan army with a modern capability to deter and complicate the operational planning of the People’s Liberation Army (PLA) forces that coerce and threaten Taiwan. They will also offer new opportunities to engage in cooperation with the United States in both the deployment and operations phases, and to maximize the effectiveness of the equipment.

Hammond-Chambers went on to say, “the Trump Administration recognizes that even at a time of higher tensions in the U.S.-China relationship, the U.S. providing material support for Taiwan’s ongoing force modernization should not be predicated on U.S.-China priorities. The Administration has made a commitment to regularize and normalize the arms sales process to Taiwan, and today’s announcement is a testament to that commitment. It is a sound and responsible policy that will maximize the deterrent nature of a modern, well-equipped Taiwan military capable of complicating and deterring any actions by the PLA.

http://www.us-taiwan.org/pressrelease/2019july08congressionalnotificationsarmssalestotaiwan.pdf

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The US-Taiwan Business Council Comments on the April 15, 2019 U.S. Arms Sale to Taiwan

The US-Taiwan Business Council Comments on the Proposed Foreign Military Sale to Taiwan of F-16 Pilot Training & Maintenance/Logistics Support

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale of F-16 Pilot Training and Maintenance/Logistics Support to Taiwan at an estimated cost of US$500 million. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed Taiwan arms sale on April 15, 2019.

The published Congressional Notification (transmittal number 19-11) is for the continuation of a pilot training program and maintenance/logistics support for F-16 aircraft currently at Luke Air Force Base, Arizona, to include flight training; participation in approved training exercises; inert/dummy training munitions; supply and maintenance support; spares and repair parts; support equipment; program management; publications; documentation; personnel training and training equipment; fuel and fueling services; engineering, technical, and logistics support services; and other related elements of program and logistical support necessary to sustain a long-term CONUS training program.[1]

Council President Rupert Hammond-Chambers noted that “the announcement of an arms sale today, the ongoing pilot training, maintenance and logistics of Taiwan’s F-16 aircraft at Luke Air Force Base, is a timely reminder of the ongoing relevance of the Taiwan Relations Act which is being celebrated for its 40th anniversary this week. The Trump Administration is continuing to provide timely and regular arms sales in support of Taiwan’s ongoing military readiness.

[1] See the DSCA website at http://www.dsca.mil/major-arms-sales

https://www.dsca.mil/major-arms-sales/taipei-economic-and-cultural-representative-office-united-states-tecro-conus-based 

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