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.

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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.

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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

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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.

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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.

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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.

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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.

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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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Previous Posts

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

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

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

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

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

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

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).

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:

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.