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).

Update, December 8, 2020

On this date, the conference report was agreed to in the House with a Yea/Nay Vote of 335-78.

Update, December 3, 2020

On this date, the conference report – reconciling the House and Senate versions of the bill – was filed.

The conference report notes:

Statement of policy and sense of Congress on the Taiwan Relations Act (sec. 1260)
The House bill contained a provision (sec. 1258) that would express the sense of Congress that Taiwan is a vital partner of the United States and, consistent with the Taiwan Relations Act (22 U.S.C. 3301), the United States should continue to strengthen defense and security cooperation in support of Taiwan maintaining a sufficient self-defense capability.

The Senate amendment contained similar provisions (secs. 1258 and 1259).

The House recedes with a clarifying amendment.

Annual briefing on Taiwan arms sales (sec. 1260A)
The Senate amendment contained a provision (sec. 1264) that would require, not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, or their designees, to brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the efforts to implement section 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).

The House bill contained no similar provision.

The House recedes with a technical amendment.

Report on United States-Taiwan medical security partnership (sec. 1260B)
The House bill contained a provision (sec. 1260) that would require the Secretary of Defense, in consultation with the Secretary of Health and Human Services, to submit a report to the congressional defense committees, within 180 days of the date of the enactment of this Act, on a U.S.-Taiwan medical security partnership. The report would include the Department of Defense’s assessment of the goals, objectives, and feasibility of establishing such partnership and an evaluation of the two countries’ cooperation and collaboration on research and production of vaccines and medicines, joint scientific conferences, exchanges of medical supplies and equipment, and use of U.S. naval hospital ships.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the Secretary of Defense, in consultation with the Secretary of Health and Human Services, to submit a report to the Committees on Armed Services of the Senate and the House of Representatives, within 180 days of the date of the enactment of this Act, on the feasibility of establishing a medical security partnership with the Ministry of Defense of Taiwan.

Report on supply chain security cooperation with Taiwan
The House bill contained a provision (sec. 1259) that would require a report on the feasibility of establishing a United States-Taiwan working group for supply chain security, the Department’s current and future plans to engage with Taiwan on activities ensuring supply chain security, and obstacles for conducting such activities.

The Senate amendment contained no similar provision.

The House recedes.

The conferees direct the Secretary of Defense, in coordination with the head of each appropriate Federal department and agency, to submit to the congressional defense committees not later than 180 days after the date of the enactment of this Act a report on supply chain security cooperation with Taiwan. The report shall include: (1) The feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating cooperation related to supply chain security; (2) A discussion of the Department of Defense’s current and future plans to engage with Taiwan with respect to activities ensuring supply chain security; (3) A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for conducting activities to ensure supply chain security; and (4) Any other matters the Secretary of Defense determines should be included.

Fairness for Taiwan nationals regarding employment at international financial institutions (sec. 9724)
The House bill contained provisions (secs. 1851, 1852, and 1853) that would require the Secretary of the Treasury to 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.

The Senate amendment contained no similar provision.

The Senate recedes.

Update, July 21, 2020

On this date, the U.S. House of Representatives passed its version of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 by a Yea/Nay Vote of 295-125.

The text of H.R.6395, as reported to the House on this date, included three provisions for enhancing the defense and security cooperation between the United States and Taiwan:

SEC. 1258. 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, 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;
(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 Secretary of Defense should consider expanded air and naval engagements and training with Taiwan to enhance regional security;

(9) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief including conducting port calls in Taiwan with the United States Naval Ship Comfort and United States Naval Ship Mercy;

(10) the Secretary of Defense should consider options, including exercising ship visits and port calls, 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;

(11) the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait and encourage allies and partners to follow suit in conducting such transits to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows;

(12) the violation of international law by the Government of China with respect to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984, is gravely concerning and erodes international confidence in China’s willingness to honor its international commitments, including not to change the status quo with respect to Taiwan by force;

(13) the increasingly coercive and aggressive behavior of China towards Taiwan, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan; and

(14) the United States and Taiwan should expand consultation and cooperation on combating the Coronavirus Disease 2019 (“COVID-19”) and seek to share the best practices and cooperate on a range of activities under this partnership.

SEC. 1259 Report on Supply Chain Security Cooperation with Taiwan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each appropriate Federal department and agency, 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 cooperation related to supply chain security.

(2) A discussion of the Department of Defense’s current and future plans to engage with Taiwan with respect to activities ensuring supply chain security.

(3) A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for conducting activities to ensure supply chain security.

(4) Any other matters the Secretary of Defense determines should be included.

SEC. 1260. 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 coordination with the Secretary of Health and Human Services, shall submit to the congressional defense committees a report on the following:

(1) The goals, objectives, and feasibility of developing a United States Taiwan medical security partnership on issue related to pandemic preparedness and control.

(2) A discussion of current and future plans to engage with Taiwan in medical security activities.

(3) An evaluation of cooperation on a range of activities under the partnership to include–
(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.

Update, June 23, 2020

The NDAA, as S.4049, was introduced in the U.S. Senate on June 23, 2020.

In the text of S.4049, as reported to the Senate on this date, were two provisions for enhancing the defense and security cooperation between the United States and Taiwan:

SEC. 1258. Statement of policy and sense of Senate 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) that nothing in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) constrains deepening, to the extent possible, the extensive, close, and friendly relations of the United States and Taiwan, including defense relations;

(3) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) shall be implemented and executed in a manner consistent with 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 expects 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” 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, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(6) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States will 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 antiship, coastal defense, antiarmor, 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, including, as appropriate, the Rim of the Pacific exercise, combined training at the National Training Center at Fort Erwin, and bilateral naval exercises and training;
(D) examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan;
(E) pursuing a strategy of military engagement with Taiwan that fully integrates exchanges at the strategic, policy, and functional levels;
(F) increasing exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of the military forces of the United States and Taiwan;
(G) conducting military exchanges with Taiwan specifically focused on improving the reserve force of Taiwan; and
(H) expanding cooperation in military medicine and humanitarian assistance and disaster relief, including through the participation of medical vessels of Taiwan in appropriate exercises with the United States; and

(7) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States will 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”, including the capacity of the United States Armed Forces to deny a “fait accompli” operation by the People’s Republic of China to rapidly seize control of Taiwan.

(b) Sense of Senate.—It is the sense of the Senate that the Secretary of Defense should—

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

(2) issue new policy guidance required to carry out such policy.

SEC. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort and the USNS Mercy.

It is the sense of Congress that the Department of Defense should conduct port calls in Taiwan with the USNS Comfort and the USNS Mercy—

(1) to continue the collaboration between the United States and Taiwan on COVID–19 responses, which has included—
(A) research and development of tests, vaccines, and medicines; and
(B) donations of face masks;

(2) to further improve the cooperation between the United States and Taiwan on military medicine and humanitarian assistance and disaster relief;

(3) to allow United States personnel to benefit from the expertise of Taiwanese personnel, in light of the successful response of Taiwan to COVID–19; and

(4) to continue the mission of the USNS Comfort and the USNS Mercy, which have demonstrated the value of the Department capacity to deploy maritime medical capabilities worldwide and provide contingency capacity in the United States during significant crises.

March 26, 2020

The NDAA, as H.R.6395, was introduced in the U.S. House of Representatives on March 26, 2020