Update, December 22, 2023
On this date, U.S. President Joe Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year 2023.
The bill became Public Law No: 118-31 and contained several Taiwan provisions:
SEC. 1301. Sense of Congress on Defense Alliances and Partnerships in the Indo-Pacific Region.
(6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances, with the goal of improving Taiwan’s defensive capabilities and promoting peaceful cross-strait relations;
SEC. 1307. Sense of Congress on Taiwan Defense Relations
It is the sense of Congress that—
(1) the United States’ one China policy, as guided by the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.), the Three Communiques between the United States and the People’s Republic of China, and the Six Assurances provided by the United States to Taiwan in July 1982, is the foundation for United States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;
(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;
(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities, including by –
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain sufficient defensive capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of– (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and (iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and disaster relief; and
(6) the United States should increase its support to a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.
SEC 1309. Training, Advising, and Institutional Capacity-Building Program for Military Forces of Taiwan.
(a) Establishment.–Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and pursuant to section 5504 of the Taiwan Enhanced Resilience Act (22 U.S.C. 3353), the Secretary of Defense, in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
SEC. 1518. Military Cybersecurity Cooperation with Taiwan
(a) Requirement.–Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of cooperating with the military forces of Taiwan on defensive military cybersecurity activities.
(b) Identification of Activities. –In cooperating on defensive military cybersecurity activities with the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts to identify cooperative activities to–
(1) defend military networks, infrastructure, and systems;
(2) counter malicious cyber activity that has compromised such military networks, infrastructure, and systems;
(3) leverage United States commercial and military cybersecurity technology and services to harden and defend such military networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and exercises.
(c) Briefings. —
(1) Requirement.–Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
(2) Contents.–The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of cooperating with the Ministry of Defense of Taiwan on the defensive military cybersecurity activities identified pursuant to subsection (b). (B) An identification of any challenges and resources that would be needed to addressed to conduct such cooperative activities. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matters the Secretary determines relevant.
(d) Appropriate Congressional Committees Defined. —In this section, the term “appropriate congressional committees” means–
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
SEC. 7407. Independent Study on Economic Impact of Military Invasion of Taiwan by People’s Republic of China.
(a) Requirement. —Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall seek to enter into a contract with an eligible entity to conduct a comprehensive study on the global economic impact of a military invasion of Taiwan by the People’s Republic of China or certain other aggressive or coercive actions taken by the People’s Republic of China with respect to Taiwan.
(b) Matters Included. —The study required under subsection (a) shall include the following:
(1) An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from an invasion of Taiwan by the People’s Republic of China under various potential invasion and response scenarios, including with respect to the impact on–(A) supply chains; (B) trade flows; (C) financial markets; (D) sovereign debt; and (E) gross domestic product, unemployment, and other key economic indicators.
(2) An assessment of the economic impact globally, in the United States, and in the People’s Republic of China that would result from of an aggressive or coercive military, economic, or other action taken by the People’s Republic of China with respect to Taiwan that falls short of an invasion, including as a result of a blockade of Taiwan.
(3) The development of economic policy options, to include sanctions and supply chain restrictions, designed to cause escalating impacts on the economy of the People’s Republic of China during a pre-conflict phase.
(c) Report. —
(1) In general.–Not later than 270 days after the date of the enactment of this Act, the eligible entity that the Director of National Intelligence enters into an agreement with under subsection (a) shall submit to the Director a report containing the results of the study conducted under such subsection.
(2) Submission to congress.–Not later than 30 days after the date the Director receives the report under paragraph (1), the Director shall submit the report to– (A) the congressional intelligence committees; (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and (C) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(3) Form of report. –The report required under this subsection shall be submitted in unclassified form but may include a classified annex.
(d) Eligible Entity Defined. –In this section, the term “eligible entity” means a federally funded research and development center or nongovernmental entity which has–
(1) a primary focus on studies and analysis;
(2) experience and expertise relevant to the study required under subsection (a); and
(3) a sufficient number of personnel with the appropriate security clearance to conduct such study.
Update, December 14, 2023
On this date, the U.S. House of Representatives agreed on the Conference Report to Accompany H.R. 2670. The House moved on motion to suspend the rules and agree to the conference report (2/3 required) by a Yea/Nay vote of 310-118.
The NDAA 2024 now goes to the President’s desk to be signed.
Update, December 13, 2023
On this date, the U.S. Senate agreed on the Conference Report to Accompany H.R. 2670 by a Yea/Nay vote of 87-13. The report now goes to the House of Representatives chamber for a vote.
Update, December 7, 2023
On this date, the Conference Committee released the reconciled fiscal 2024 National Defense Authorization Act (as Conference Report to Accompany H.R. 2670). The report now goes to the Senate and House chambers for a final vote.
Update, July 27, 2023
On this date, the U.S. Senate passed its version of the National Defense Authorization Act for Fiscal Year 2024 (as S.2226) by a Yea/Nay vote of 86-11. The bill now goes to Conference Committee for reconciliation of the two versions (House and Senate).
Update, July 14, 2023
On this date, the U.S. House of Representatives passed its version of the National Defense Authorization Act for Fiscal Year 2023 (as H.R.2670) by a Yea/Nay vote of 219-210.
Update, July 11, 2023
On this date, the Senate Armed Services Committee filed its version of the National Defense Authorization Act for Fiscal Year 2024 (NDAA) with the United States Senate as S. 2226. The action was led by Senate Armed Services Committee Chairman Senator Jack Reed (D-RI) and Ranking Member Senator Roger Wicker (R-MS).
The filed text had several Taiwan provisions:
SEC. 1242. Training, Advising, And Institutional Capacity-Building Program For Military Forces Of Taiwan.
(a) Establishment.—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(b) Purposes.—The purposes of the program established under subsection (a) shall be—
(1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy;
(2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan;
(3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan;
(4) to promote joint force employment; and
(5) to improve professional military education and the civilian control of the military.
(c) Elements.—The program established under subsection (a) shall include efforts to improve—
(1) the tactical proficiency of the military forces of Taiwan;
(2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy;
(3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning;
(4) the reform and integration of the reserve military forces of Taiwan;
(5) the use of defense articles and services transferred from the United States to Taiwan;
(6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency;
(7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate;
(8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and
(9) any other matter the Secretary of Defense considers relevant.
(d) Deconfliction, Coordination, And Concurrence.—The Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable stat tory authorities available to the Secretary of Defense.
(e) Reporting.—As part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1988), the Secretary of Defense shall provide—
(1) an update on efforts made to address each element under subsection (c); and
(2) an identification of any authority or resource shortfall that inhibits such efforts.
SEC. 1247. Extension And Modification Of Certain Temporary Authorizations.
(a) In General.—Section 1244 of the James M.Inhofe National Defense Authorization Act for Fiscal Year (Public Law 117–236; 136 Stat. 2844) is amended—
(1) in the section heading, by striking “OTHER MATTERS” and inserting “TAIWAN”; and
(2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting “or the Government of Taiwan” after “the Government of Ukraine”; and (ii) in subparagraph (C), by inserting “or the Government of Taiwan” after “the Government of Ukraine”; (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: “(A) the replacement of defense articles from stocks of the Department of Defense provided to—“(i) the Government of Ukraine; “(ii) foreign countries that have provided support to Ukraine at the request of the United States; “(iii) the Government of Taiwan; or “(iv) foreign countries that have provided support to Taiwan at the request of the United States; or”; and (ii) in subparagraph (B), by inserting “or the Government of Taiwan” before the period at the end; (C) in paragraph (7), by striking “September 30, 2024” and inserting “September 30,2028”; (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following new paragraph (7): “(7) Notification.—Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule.’’.
(b) Clerical Amendments.—
(1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following: “Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.” (2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–236; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following: “Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.”
SEC. 1252. Military Cybersecurity Cooperation With Taiwan.
(a) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
(b) Cooperation Efforts.—In expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts—
(1) to actively defend military networks, infrastructure, and systems;
(2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities and exercises.
(c) Briefings.—
(1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section.
(2) Contents.—The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant.
(d) Appropriate Committees Of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
SEC. 1255. Report On Range Of Consequences Of War With The People’s Republic Of China
(a) In General.—Not later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030.
(b) Elements.—The report required by subsection (a) shall
(1) account for potential—… (D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region …
SEC. 1260. Semiannual Briefings On Military Of The People’s Republic Of China.
(a) In General.—Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
(1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea;
(2) efforts by the Department of Defense to engage with the People’s Liberation Army; and
(3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea.
(b) Elements.—Each briefing required by subsection (a) shall include the following:
(1) An update on— (A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; (B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) or through the direct commercial sales or foreign military sales processes; (C) United States efforts to deter aggression by the People’s Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and (D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia.
(2) The most recent information regarding the readiness of or preparations by the People’s Liberation Army to potentially conduct aggressive military action against Taiwan.
(3) A description of any military activity carried out during the preceding quarter by the People’s Republic of China in the vicinity of Taiwan.
(4) A description of engagements by Department of Defense officials with the People’s Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities.
(5) Any other matter the Secretary considers relevant.
SEC. 1266. Assessment Of Absorptive Capacity Of Military Forces Of Taiwan.
(a) Report.—
(1) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities.
(2) Briefing Requirement.—Not later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress.
(3) Form.—The required report shall be provided in classified form with an unclassified cover letter.
(b) Definitions.—In this section:
(1) Absorptive Capacity.—The term “absorptive capacity” means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use.
(2) Appropriate Committees Of Congress.—The term “appropriate committees of Congress” means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1267. Analysis Of Risks And Implications Of Potential Sustained Military Blockade Of Taiwan By The People’s Republic Of China.
(a) Analysis Required.—
(1) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China.
(2) Elements.—The analysis required by paragraph (1) shall include the following: (A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People’s Republic of China could accomplish such a blockade. (B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People’s Republic of China, and the likely timelines for such indications and warnings. (C) An identification of other coercive actions the People’s Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. (D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. (E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. (F) An assessment of key military operational problems presented by such a blockade. (G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). (H) An assessment of challenges to escalation management. (I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. (J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. (K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. (L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. (M) Any other matter the Secretary of Defense considers relevant.
(b) Interagency Engagement.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency—
(1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People’s Republic of China; and
(2) to better understand potential options for a response by the United States Government to such a blockade.
(c) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report—
(1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and
(2) the interagency engagements conducted under subsection (b).
(d) Appropriate Committees Of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
Update, June 30, 2023
On this date, the House Committee on Armed Services reported their amended version of the NDAA 2024 with the United States House of Representatives.
The reported version included several Taiwan provisions:
SEC. 1070. Plan for Taiwan Noncombatant Evacuation Operations.
(a) Plan.—The Secretary of Defense, with the concurrence of the Secretary of State, shall maintain a sufficient evacuation plan that is suitable for execution as a noncombatant evacuation operations plan or any other evacuation mission conducted by the Department of Defense from Taiwan.
(b) Annual Review and Update.—On an annual basis, the Secretary of Defense shall—
(1) review the plan required under subsection (a)and update such plan as the Secretary determines necessary; and
(2) submit to Congress certification that the plan is either sufficient or needs to be updated.
(c) Congressional Briefings.—Not later than 180 days after the date of the enactment of this Act, and quarterly thereafter, the Assistant Secretary of Defense for Strategy, Plans, and Capabilities shall provide to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives an unclassified and classified briefing on the plan required under subsection (a).
SEC. 1304. Sense Of Congress On Taiwan Defense Relations.
It is the sense of Congress that—
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;
(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;
(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities, including by—
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain sufficient defensive capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of — (i) enhancing cooperation on defense planning; (ii) improving the interoperability of the military forces of the United States and Taiwan; and; (iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and disaster relief; and
(6) the United States should increase its support to a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.
SEC. 1305. Briefing On Multi-Year Plan To Fulfill Defensive Requirements Of Military Forces Of Taiwan.
(a) Briefing Required.—Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall brief the appropriate congressional committees on the status of the efforts to develop and implement the joint multi-year plan to fulfill defensive requirements of military forces of Taiwan required under section 5506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 22 U.S.C. 3355).
(b) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
SEC. 1309. Expansion Of International Technology Focused Partnerships And Experimentation Activities In The Indo-Pacific.
(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall develop a plan and roadmap to—
….
(3) identify and accelerate the fielding of new capabilities and critical technologies that would improve Taiwan’s self-defense capabilities…
SEC. 1505. Military Cybersecurity Cooperation With Taiwan.
(a) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, in concurrence with the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to cooperate with the Ministry of Defense of Taiwan on defensive military cybersecurity activities.
(b) Identification of Activities.—In cooperating on defensive military cybersecurity activities with the Ministry of Defense of Taiwan under subsection (a), the Secretary of Defense may carry out efforts to identify cooperative activities to—
(1) defend military networks, infrastructure, and systems;
(2) counter malicious cyber activity that has compromised such military networks, infrastructure, and systems;
(3) leverage United States commercial and military cybersecurity technology and services to harden and defend such military networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and exercises.
(c) Briefings.—
(1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
(2) Contents.—The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of cooperating with the Ministry of Defense of Taiwan on the defensive military cybersecurity activities identified pursuant to subsection (b); (B) An identification of any challenges and resources that would be needed to addressed to conduct such cooperative activities; (C) An overview of efforts undertaken pursuant to this section; (D) Any other matters the Secretary determines relevant.
(d) Appropriate Congressional Committees Defined. —In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Update, June 23, 2023
On this date, the Senate Armed Services Committee completed its version of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 .
The executive summary of the draft bill included Taiwan as an important priority:
Major Highlights:
(1) Supports the objectives of the National Defense Strategy, including defending the U.S.
homeland; deterring adversaries; prevailing in long-term strategic competition; and
building a resilient Joint Force:
…
– Establishes a comprehensive training, advising, and institutional
capacity-building program for the military forces of Taiwan.
Strengthening U.S. Posture in the Indo-Pacific Region
– Establishes a comprehensive training, advising, and institutional
capacity-building program for the military forces of Taiwan.
– Requires engagement with appropriate officials of Taiwan for the purpose of
expanding cooperation on military cybersecurity activities.
Update, June 22, 2023
On this date, the House Armed Services Committee finished its version of the National Defense Authorization Act for Fiscal Year 2024.
The summary of the committee’s draft version included support for Taiwan:
Support for Taiwan and Pacific Allies:
– Reaffirms U.S. support to the defense of Taiwan.
– Authorizes U.S. Special Operations Forces to continue training Taiwan and other partner nations in resisting the aggression and malign influence from China.
– Fully funds military exercises with our allies and partners in the Pacific to counter China’s growing reach.
– Strengthens military cybersecurity cooperation with Taiwan.
– Encourages the expansion of local military acquisition agreements with Pacific Island nations to improve bilateral relationships and counter the CCP’s increased presence and activity.
– Improves the training and development of the security cooperation workforce to expedite the delivery of Foreign Military Sales to Taiwan and other partners.
Update, April 18, 2023
On this date, the National Defense Authorization Act (NDAA) for Fiscal Year 2024 was introduced in the U.S. House of Representatives as H.R.2670. It was then referred to the House Committee on Armed Services.
For the 2023 version of this post, see Taiwan in the National Defense Authorization Act (NDAA), 2023
