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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