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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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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.

Categories
U.S. Government

Taiwan in the National Defense Authorization Act (NDAA), 2019

Update, August 13, 2018

On this date, President Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 into law (Public Law No: 115-232).

Update, August 3, 2018

On this date, Congress submitted the 2019 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

SEC. 1257. Strengthening Taiwan’s Force Readiness.
(a) DEFENSE ASSESSMENT. – The Secretary of Defense shall, in consultation with appropriate counterparts of Taiwan, conduct a comprehensive assessment of Taiwan’s military forces, particularly Taiwan’s reserves. The assessment shall provide recommendations to improve the efficiency, effectiveness, readiness, and resilience of Taiwan’s self-defense capability in the following areas:
(1) Personnel management and force development, particularly reserve forces.
(2) Recruitment, training, and military programs.
(3) Command, control, communications and intelligence.
(4) Technology research and development.
(5) Defense article procurement and logistics.
(6) Strategic planning and resource management.

(b) REPORT REQUIRED. –
(1) IN GENERAL. – Not later than 1 year 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 congressional committees a report containing each of the following:
(A) A summary of the assessment conducted pursuant to subsection (a).
(B) A list of any recommendations resulting from such assessment.
(C) A plan for the United States, including by using appropriate security cooperation authorities, to–
(i) facilitate any relevant recommendations from such list;
(ii) expand senior military-to-military engagement and joint training by the United States Armed Forces with the military of Taiwan; and
(iii) support United States foreign military sales and other equipment transfers to Taiwan, particularly for developing asymmetric warfare capabilities.
(2) APPROPRIATE SECURITY COOPERATION AUTHORITIES – For purposes of the plan described in paragraph (1)(C), the term “appropriate security cooperation authorities” means–
(A) section 311 of title 10, United States Code (relating to exchange of defense personnel);
(B) section 332 such title (relating to defense institution building); and
(C) other security cooperation authorities under chapter 16 of such title.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES. – In this subsection, the term “appropriate congressional committees” means–
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1258. Sense of Congress on Taiwan.
It is the sense of Congress that –
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;

(2) the United States should 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;

(3) the United States should strongly support the acquisition by Taiwan of defensive weapons through foreign military sales, direct commercial sales, and industrial cooperation, with a particular emphasis on asymmetric warfare and undersea warfare capabilities, consistent with the Taiwan Relations Act;

(4) the United States should improve the predictability of arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and defense services;

(5) the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including—
(A) opportunities for practical training and military exercises with Taiwan; and
(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);

(6) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief; and

(7) the Secretary of Defense should consider supporting the visit of a United States hospital ship to Taiwan as part of the annual “Pacific Partnership” mission in order to improve disaster response planning and preparedness as well as to strengthen cooperation between the United States and Taiwan.

Update, July 23, 2018

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 July 26, 2018 and in the Senate on August 1, 2018.

The conference report notes:

Strengthening Taiwan’s force readiness (sec. 1257).
The House bill contained a provision (sec. 1253) that would direct the Secretary of Defense to conduct a comprehensive assessment, in consultation with appropriate counterparts of Taiwan, on ways to enhance and reform Taiwan’s military forces, particularly Taiwan’s reserve forces. The provision would also require that the assessment include recommendations to strengthen bilateral cooperation and improve Taiwan’s self-defense capabilities. The provision would require the Secretary of Defense, in consultation with the Secretary of State, to submit a report on the assessment and a list of recommendations and planned actions to the appropriate congressional committees not later than 1 year after the date of the enactment of this Act.

The Senate amendment contained no similar provision

The Senate recedes

Sense of Congress on Taiwan (sec. 1258)
The Senate amendment contained a provision (sec. 1243) that would express the sense of the Senate on the importance of a strong U.S. defense relationship with Taiwan.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify that the provision expresses the sense of the Congress. The amendment would also clarify that the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including opportunities for practical training and military exercises with Taiwan.

Senior Defense Engagement with Taiwan
The House bill contained a provision (sec. 1262) that would express the sense of Congress that, pursuant to the Taiwan Travel Act (Public Law 115-135), a service secretary or member of the joint chiefs should visit Taiwan for a senior-level defense engagement.

The Senate amendment contained no similar provision.

The House recedes.

Update, June 18, 2018

On this date, the U.S. Senate passed its version of the John S. McCain National Defense Authorization Act for 2019 by Yea/Nay Vote of 85 – 10.

Update, April 13, 2018

The NDAA, as H.R.5515, was introduced in the House on April 13, 2018. On May 24, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2019.

Categories
U.S. Government

Taiwan in the National Defense Authorization Act (NDAA), 2018

Update, December 12, 2017

On this date, President Trump signed the 2018 NDAA into law.

Update, November 30, 2017

On this date, Congress submitted the 2018 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

SEC. 1259. Strengthening the Defense Partnership between the United States and Taiwan.

(a) STATEMENT OF POLICY. — It is the policy of the United States to reinforce its commitments to Taiwan under the Taiwan Relations Act and consistent with the “Six Assurances” as both governments work to improve Taiwan’s self-defense capability.

(b) SENSE OF CONGRESS. —It is the sense of Congress that the United States should—
(1) strengthen and enhance its longstanding partnership and cooperation with Taiwan;
(2) conduct regular transfers of defense articles and defense services necessary to enable Taiwan to maintain a sufficient self-defense capability, based solely on the needs of Taiwan;
(3) invite the military forces of Taiwan to participate in military exercises, such as the “Red Flag” exercises;
(4) carry out a program of exchanges of senior military officers and senior officials with Taiwan to improve military-to- military relations, as expressed in section 1284 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2544);
(5) support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges among services;
(6) conduct bilateral naval exercises, to include pre-sail conferences, in the western Pacific Ocean with the Taiwan navy; and
(7) consider the advisability and feasibility of reestablishing port of call exchanges between the United States navy and the Taiwan navy.

SEC. 1259A. Normalizing the Transfer of Defense Articles and Defense Services to Taiwan

(a) SENSE OF CONGRESS.—It is the sense of Congress that any requests from the Government of Taiwan for defense articles and defense services should receive a case-by-case review by the Secretary of Defense, in consultation with the Secretary of State, that is consistent with the standard processes and procedures in an effort to normalize the arms sales process with Taiwan.

(b) REPORT. —
(1) IN GENERAL.—Not later than 120 days after the date on which the Secretary of Defense receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, the Secretary, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes—
(A) the status of such request;
(B) if the transfer of such article or service would require a certification or report to Congress pursuant to any applicable provision of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the status of any Letter of Offer and Acceptance the Secretary of Defense intends to issue with respect to such request; and
(C) an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.).
(2) ELEMENTS.—Each report required under paragraph (1) shall specify the following:
(A) The date the Secretary of Defense received the Letter of Request.
(B) The value of the sale proposed by such Letter of Request.
(C) A description of the defense article or defense service proposed to be transferred.
(D) The view of the Secretary of Defense with respect to such proposed sale and whether such sale would be consistent with United States defense initiatives with Taiwan.
(3) FORM.—Each report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(c) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests.

(d) DEFINITIONS. —In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES. —The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) DEFENSE ARTICLE; DEFENSE SERVICE. —The terms “defense article” and “defense service” have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(3) LETTER OF REQUEST; LETTER OF OFFER AND ACCEPTANCE. —The terms “Letter of Request” and “Letter of Offer and Acceptance” have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency, as in effect on the date of the enactment of this Act.

Update, November 9, 2017

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 November 13, 2017 and in the Senate on November 16, 2017.

The conference report notes:

Strengthening the defense partnership between the United States and Taiwan (sec. 1259).
The House bill contained two provisions (secs. 1268 and 1270E) that would, respectively, express a sense of Congress to strengthen the defense of Taiwan and direct the Department to submit a report on the feasibility and advisability of naval port calls with Taiwan. The sense of Congress would encourage the Department to continue the transfer of defense articles and services, expand training and exercises with Taiwan, support practical military personnel training and exchanges between services, encourage Taiwan’s continued investment in asymmetric self-defense capabilities and support humanitarian assistance and disaster relief training.

The Senate amendment contained five similar provisions (secs. 1270, 1270A, 1270B, 1270C, and 1270D) that would respectively: express a sense of Congress encouraging strengthened bilateral relations between the United States and Taiwan through increased regular defense articles and defense services transfers, air defense training capability building, and multilateral exercises; reestablish naval port call exchanges between the U.S. and Taiwan at appropriate locations; direct the Department of Defense to enhance the undersea warfare capabilities of Taiwan; direct the Department to invite Taiwan’s military forces to participate in joint military exercises, particularly the annual ‘Red Flag’ aerial combat training military exercise; and direct the Department to submit a report on military exchanges between senior officers and officials of the United States and Taiwan, pursuant to section 1284 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

The House recedes with an amendment that would combine all seven provisions into one. The new provision would make a statement of policy regarding the commitment of the United States to Taiwan and express a Sense of Congress on steps that should be taken to strengthen the defense relationship between the two countries.

Normalizing the transfer of defense articles and defense services to Taiwan (sec. 1259A).
The House bill contained a provision (sec. 1270G) that would require the Secretary of Defense, not later than 120 days after the date on which the Secretary receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, in consultation with the Secretary of State, to submit to the appropriate congressional committees a report with details of the request. The provision would also direct that, not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests. The Senate amendment contained no similar provision. The Senate recedes with a technical, clarifying amendment.

Update, September 18, 2017

On this date, the U.S. Senate passed its version of the National Defense Authorization Act for 2018 by Yea-Nay Vote of 89 – 8. Sections 1268 and 1270E were not changed from the House version. However, Section 1270G – normalizing the transfer of Defense Articles and Defense Services to Taiwan – is not included in the Senate version.

The bill now awaits reconciliation and final signature.

Update, July 14, 2017

The NDAA, as H.R.2810, was introduced in the House on June 7, 2017. On July 14, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2018. Several Taiwan-related initiatives were included.

Section 1268 deals with a sense of Congress on strengthening Taiwan defense:

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) codified the basis for commercial, cultural, and other relations between the United States and Taiwan, and the Six Assurances are an important aspect in guiding bilateral relations;

(2) Section 3(a) of that Act states that ‘‘the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability’’;

(3) the United States, in accordance with such section, should make available and provide timely review of requests for defense articles and defense services that may be necessary for Taiwan to maintain a sufficient self-defense capability;

(4) Taiwan should significantly increase its defense budget to maintain a sufficient self-defense capability;

(5) the United States should support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges between services, to empower senior military officers to identify and develop asymmetric and innovative capabilities that strengthen Taiwan’s ability to deter aggression;

(6) the United States should seek opportunities for expanded training and exercises with Taiwan;

(7) the United States should encourage Taiwan’s continued investments in asymmetric self-defense capabilities that are mobile, survivable against threatening forces, and able to take full advantage of Taiwan’s geography; and

(8) the United States should continue to—
(A) support humanitarian assistance and disaster relief exercises that increase Taiwan’s resiliency and ability to respond to and recover from natural disasters; and
(B) recognize Taiwan’s already valuable military contributions to such efforts.

Section 1270E deals with a report on Naval Port of Call Exchanges between the United States and Taiwan:

(a) Report Required.–Not later than September 1, 2018, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the following:
(1) An assessment of the feasibility and advisability regarding ports of call by the United States Navy at ports on the island of Taiwan.
(2) An assessment of the feasibility and advisability of the United States to receiving ports of call by the Republic of China navy in Hawaii, Guam, and other appropriate locations.

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

(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.

Section 1270G deals with a sense of Congress on normalizing the transfer of defense articles and defense services to Taiwan:

(a) Sense of Congress.–It is the sense of Congress that any requests from the Government of Taiwan for defense articles and defense services should receive a case-by-case review by the Secretary of Defense, in consultation with the Secretary of State, that is consistent with the standard processes and procedures in an effort to normalize the arms sales process with Taiwan.

(b) Report.–
(1) In general.–Not later than 120 days after the date on which the Secretary of Defense receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, the Secretary, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes–
(A) the status of such request;
(B) if the transfer of such article or service would require a certification or report to Congress pursuant to any applicable provision of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the status of any Letter of Offer and Acceptance the Secretary of Defense intends to issue with respect to such request; and
(C) an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.).
(2) Elements.–Each report required under paragraph (1) shall specify the following:
(A) The date the Secretary of Defense received the Letter of Request.
(B) The value of the sale proposed by such Letter of Request.
(C) A description of the defense article or defense service proposed to be transferred.
(D) The view of the Secretary of Defense with respect to such proposed sale and whether such sale would be consistent with defense plans.
(3) Form.–Each report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(c) Briefing.–Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests.

(d) Definitions.–In this section:
(1) Appropriate congressional committees.–The term “appropriate congressional committees” means–
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) Defense article; defense service.–The terms “defense article” and “defense service” have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(3) Letter of request; letter of offer and acceptance.–The terms “Letter of Request” and “Letter of Offer and Acceptance” have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency, as in effect on the date of the enactment of this Act.

June 28, 2017

On this date, the Senate Armed Services Committee (SASC) announced details of the committee’s markup of the National Defense Authorization Act (NDAA) for Fiscal Year 2018. During the markup, 277 amendments — offered by both Republican and Democratic members — were considered and adopted. The committee voted unanimously to report the bill.

In a summary document provided following the markup, the SASC stated that the bill:

Reestablishes regular ports of call by the U.S. Navy at Kaohsiung or any other suitable ports in Taiwan and permits U.S. Pacific Command to receive ports of call by Taiwan; directs the Department to implement a program of technical assistance to support Taiwanese efforts to develop indigenous undersea warfare capabilities, including vehicles and sea mines; and expresses the sense of Congress that the United States should strengthen and enhance its long-standing partnership and strategic cooperation with Taiwan.

This post will continue to track the Taiwan-related language in the 2018 NDAA, as circumstances warrant.

Categories
U.S. Government

Taiwan Initiative in the National Defense Authorization Act (NDAA), 2017

Update:

On Friday, December 23, 2016 President Obama signed into law the 2017 NDAA (which cleared the Senate in a 92-7 vote on Dec. 8 after approval in the House of Representatives by a vote of 375-34 on Dec. 2). That means these Military Exchanges with Taiwan are now part of U.S. Public Law No: 114-328.

Original:
On December 8, 2016 the U.S. Senate passed a conference report for its version of the National Defense Authorization Act (NDAA, which provides funding for the U.S. military) for fiscal year 2017. The House of Representatives had passed its version of the conference report on December 1, 2016. The bill originally contained several measures on Taiwan, but only one – a requirement for military exchanges – made it into the final conference report/version.

S.2943

SH. Rept. 114-840

Sec. 1284. Sense of Congress on military exchanges between the United States and Taiwan.

(a) Military Exchanges Between Senior Officers and Officials of the United States and Taiwan.
–The Secretary of Defense should carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan designed to improve military to military relations between the United States and Taiwan.

(b) Exchanges Described.
–For the purposes of this section, an exchange is an activity, exercise, event, or observation opportunity between members of the Armed Forces and officials of the Department of Defense, on the one hand, and armed forces personnel and officials of Taiwan, on the other hand.

(c) Focus of Exchanges.
–The exchanges under the program described in subsection (a) should include exchanges focused on the following:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(7) Humanitarian assistance and disaster relief.

(d) Civil-Military Affairs.
–The exchanges under the program described in subsection (a) should include activities and exercises focused on civil-military relations, including parliamentary relations.

(e) Location of Exchanges.
–The exchanges under the program described in subsection (a) should be conducted in both the United States and Taiwan.

(f) Definitions.
–In this section: (1) The term “senior military officer”, with respect to the Armed Forces, means a general or flag officer of the Armed Forces on active duty. (2) The term “senior official”, with respect to the Department of Defense, means a civilian official of the Department of Defense at the level of Assistant Secretary of Defense or above.

If signed into law by U.S. President Barack Obama, Pentagon officials higher than the level of assistant defense secretary would be permitted to visit Taiwan.

Source:
H. Rept. 114-840 – NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017

Categories
U.S. Government

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

Update: November 16, 2015

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

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

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

 

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

 

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

 

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

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

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

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

 

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

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

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

 

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

 

Section 1257 of H.R. 1735

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

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

Source: Congress.gov

 

 

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

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

 

Section 1263 of S. 1376

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

It is the sense of the Senate that—

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

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

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

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

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

Source: Congress.gov

Categories
News

US House approves pro-Taiwan arms, diplomacy proposals

The US House of Representatives on Friday passed an amendment to the National Defense Authorization Act which calls on US President Barack Obama to sell no fewer than 66 F-16C/D multirole aircraft to Taiwan. While the amendment has no real power and must still be considered by the US Senate, it serves to pressure the White House and keep the F-16 issue on the agenda.
US House approves pro-Taiwan arms, diplomacy proposals

Categories
Analysis & Commentary

Statement in Support of House Resolution 676 (110th Congress)

The US-Taiwan Business Council states its position in support of House Resolution 676 (H.Res.676, 110th Congress, 2007-2008) on Taiwan Arms Sales and U.S. support for Taiwan’s legitimate national defense needs.

[The Council] supports the passage of H.Res.676 on the matter of U.S. support for Taiwan’s legitimate national defense needs, and specifically supports immediately allowing Taiwan to submit a Letter of Request (LOR) to the U.S. Department of Defense for Price and Availability (P&A) data for F-16C/D fighters.

Council Statement in Support of House Resolution 676 (PDF)