22 USC 3355 - Multi-year plan to fulfill defensive requirements of military forces of Taiwan

Collapse to view only § 3355. Multi-year plan to fulfill defensive requirements of military forces of Taiwan

§ 3351. Modernizing Taiwan’s security capabilities to deter and, if necessary, defeat aggression by the People’s Republic of China
§ 3352. Establishment
§ 3353. International military education and training cooperation with Taiwan
§ 3354. Use of Special Defense Acquisition Fund
§ 3355. Multi-year plan to fulfill defensive requirements of military forces of Taiwan
§ 3356. Fast-tracking sales to Taiwan under foreign military sales program
§ 3357. Findings and statement of policy
§ 3357a. Statement of policy on Taiwan
§ 3357b. Establishment of training, advising, and institutional capacity-building program for military forces of Taiwan

§ 3351. Modernizing Taiwan’s security capabilities to deter and, if necessary, defeat aggression by the People’s Republic of China

(a) Appropriate congressional committees definedIn this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Armed Services of the Senate;

(3) the Committee on Appropriations of the Senate;

(4) the Committee on Foreign Affairs of the House of Representatives;

(5) the Committee on Armed Services of the House of Representatives; and

(6) the Committee on Appropriations of the House of Representatives.

(b) Taiwan security programs

(c) PurposeIn addition to the purposes otherwise authorized for Foreign Military Financing programs under the Arms Export Control Act (22 U.S.C. 2751 et seq.), a purpose of the Foreign Military Financing Program should be to provide assistance, including equipment, training, and other support, to build the civilian and defensive military capabilities of Taiwan—

(1) to accelerate the modernization of capabilities that will enable Taiwan to delay, degrade, and deny attempts by People’s Liberation Army forces—

(A) to conduct coercive or grey zone activities;

(B) to blockade Taiwan; or

(C) to secure a lodgment on any islands administered by Taiwan and expand or otherwise use such lodgment to seize control of a population center or other key territory in Taiwan; and

(2) to prevent the People’s Republic of China from decapitating, seizing control of, or otherwise neutralizing or rendering ineffective Taiwan’s civilian and defense leadership.

(d) Regional contingency stockpile

(e) Availability of funds

(1) Annual spending plan

(2) Certification

(A) In general

(B) WaiverThe Secretary of State may waive the certification requirement under subparagraph (A) if the Secretary, in consultation with the Secretary of Defense, certifies to the appropriate congressional committees that for any given year—

(i) Taiwan is unable to increase its defense spending relative to its defense spending in its prior fiscal year due to severe hardship; and

(ii) making available the amounts authorized under subparagraph (A) is in the national interests of the United States.

(3) Remaining funds

(f) Annual report on advancing the defense of Taiwan

(1) Initial report

(2) Matters to be includedEach report required under paragraph (1) shall include—

(A) an assessment of the commitment of Taiwan to implement a military strategy that will deter and, if necessary, defeat military aggression by the People’s Republic of China, including the steps that Taiwan has taken and the steps that Taiwan has not taken towards such implementation;

(B) an assessment of the efforts of Taiwan to acquire and employ within its forces counterintervention capabilities, including—

(i) long-range precision fires;

(ii) integrated air and missile defense systems;

(iii) anti-ship cruise missiles;

(iv) land-attack cruise missiles;

(v) coastal defense;

(vi) anti-armor;

(vii) undersea warfare, including manned and unmanned systems;

(viii) survivable swarming maritime assets;

(ix) manned and unmanned aerial systems;

(x) mining and countermining capabilities;

(xi) intelligence, surveillance, and reconnaissance capabilities;

(xii) command and control systems;

(xiii) defensive cybersecurity capabilities; and

(xiv) any other defense capabilities that the United States determines, including jointly with Taiwan, are crucial to the defense of Taiwan, consistent with the joint consultative mechanism with Taiwan created pursuant to section 3355 of this title;

(C) an evaluation of the balance between conventional and counter intervention capabilities in the defense force of Taiwan as of the date on which the report is submitted;

(D) an assessment of steps taken by Taiwan to enhance the overall readiness of its defense forces, including—

(i) the extent to which Taiwan is requiring and providing regular and relevant training to such forces;

(ii) the extent to which such training is realistic to the security environment that Taiwan faces; and

(iii) the sufficiency of the financial and budgetary resources Taiwan is putting toward readiness of such forces;

(E) an assessment of steps taken by Taiwan to ensure that the Taiwan’s reserve forces and All-Out Defense Mobilization Agency can recruit, train, equip, and mobilize its forces;

(F) an evaluation of—

(i) the severity of manpower shortages in the military of Taiwan, including in the reserve forces;

(ii) the impact of such shortages in the event of a conflict scenario; and

(iii) the efforts made by Taiwan to address such shortages;

(G) an assessment of the efforts made by Taiwan to boost its civilian defenses, including any informational campaigns to raise awareness among the population of Taiwan of the risks Taiwan faces;

(H) an assessment of the efforts made by Taiwan to secure its critical infrastructure, including in transportation, telecommunications networks, satellite communications, and energy;

(I) an assessment of the efforts made by Taiwan to enhance its cybersecurity, including the security and survivability of official civilian and military networks;

(J) an assessment of the efforts made by Taiwan to improve the image and prestige of its defense forces among the population of Taiwan;

(K) an assessment of any significant gaps in any of the matters described in subparagraphs (A) through (J) with respect to which the United States assesses that additional action is needed;

(L) a description of cooperative efforts between the United States and Taiwan on the matters described in subparagraphs (A) through (K);

(M) a description of any challenge in Taiwan to—

(i) implement the matters described in subparagraphs (A) through (J); or

(ii) United States support or engagement with regard to such matters;

(N) a description of actions taken to establish or expand a comprehensive training program with Taiwan pursuant to section 3353 of this title;

(O) a description of actions taken to establish a joint consultative mechanism with appropriate officials of Taiwan, and the multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan, pursuant to section 3355 of this title; and

(P) the list compiled pursuant to section 3356(a) of this title, and a description of actions taken pursuant to sections 3356(b) of this title and 3356(c) of this title.

(3) Subsequent reports

(4) Form

(5) Sharing of summary

(g) Foreign military financing loan and loan guarantee authority

(1) Direct loans

(A) In general

(B) Maximum obligations

(i) Defined termIn this subparagraph, the term “cost”—(I) has the meaning given such term in section 661a(5) of title 2;(II) shall include the cost of modifying a loan authorized under subparagraph (A); and(III) may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States.

(ii) In general

(D) Fees authorized

(i) In general

(ii) Limitation on fee payments

(E) Repayment

(F) Interest

(i) In general

(ii) Treatment of loan amounts used to pay interest

(2) Loan guarantees

(A) In general

(B) Maximum amountsA loan guarantee authorized under subparagraph (A)—

(i) may not guarantee a loan that exceeds $2,000,000,000; and

(ii) may not exceed 80 percent of the loan principal with respect to any single borrower.

(i) another debt contracted by the borrower; or

(ii) any other claims against the borrower in the case of default.

(D) Repayment

(E) Fees

(F) Treatments of loan guarantees

(3) Notification requirement

(h) Authorization of appropriations

(1) Authorization of appropriations

(2) Training and education

(3) Direct commercial contracting

(4) Procurement in Taiwan

(i) Sunset provision

(Pub. L. 117–263, div. E, title LV, § 5502, Dec. 23, 2022, 136 Stat. 3292; Pub. L. 118–31, div. A, title XIII, § 1308(a), Dec. 22, 2023, 137 Stat. 494.)

§ 3352. Establishment

Subject to section 2321h of this title, the President may establish a regional contingency stockpile for Taiwan that consists of munitions and other appropriate defense articles.

(Pub. L. 117–263, div. E, title LV, § 5503(b), Dec. 23, 2022, 136 Stat. 3298.)

§ 3353. International military education and training cooperation with Taiwan

(a) In general

The Secretary of State and the Secretary of Defense shall establish or expand a comprehensive training program with Taiwan designed to—

(1) enhance interoperability and capabilities for joint operations between the United States and Taiwan;

(2) enhance rapport and deepen partnership between the militaries of the United States and Taiwan, and foster understanding of the United States among individuals in Taiwan;

(3) improve Taiwan’s defense capabilities; and

(4) train future leaders of Taiwan, promote professional military education, civilian control of the military, and protection of human rights.

(b) Elements

(Pub. L. 117–263, div. E, title LV, § 5504, Dec. 23, 2022, 136 Stat. 3298.)

§ 3354. Use of Special Defense Acquisition Fund

The Secretary of Defense, in consultation with the Secretary of State, shall seek to utilize the Special Defense Acquisition Fund established under chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the armed forces of Taiwan.

(Pub. L. 117–263, div. E, title LV, § 5505(c), Dec. 23, 2022, 136 Stat. 3299.)

§ 3355. Multi-year plan to fulfill defensive requirements of military forces of Taiwan

(a) Multi-year plan

(b) ElementsThe plan required by subsection (a) shall include the following:

(1) An identification of the defensive military capability gaps and capacity shortfalls of Taiwan that are required to—

(A) allow Taiwan to respond effectively to aggression by the People’s Liberation Army or other actors from the People’s Republic of China; and

(B) advance a strategy of denial, reduce the threat of conflict, thwart an invasion, and mitigate other risks to the United States and Taiwan.

(2) An assessment of the relative priority assigned by appropriate departments and agencies of Taiwan to include its military to address such capability gaps and capacity shortfalls.

(3) An explanation of the annual resources committed by Taiwan to address such capability gaps and capacity shortfalls.

(4) A description and justification of the relative importance of overcoming each identified capability gap and capacity shortfall for deterring, delaying, or defeating military aggression by the People’s Republic of China; 1

1 So in original. The semicolon probably should be a period.

(5) An assessment of—

(A) the capability gaps and capacity shortfalls that could be addressed in a sufficient and timely manner by Taiwan; and

(B) the capability gaps and capacity shortfalls that are unlikely to be addressed in a sufficient and timely manner solely by Taiwan.

(6) An assessment of the capability gaps and capacity shortfalls described in paragraph (5)(B) that could be addressed in a sufficient and timely manner by—

(A) the Foreign Military Financing, Foreign Military Sales, and Direct Commercial Sales programs of the Department of State;

(B) Department of Defense security assistance authorized by chapter 16 of title 10;

(C) Department of State training and education programs authorized by chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.);

(D) section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318);

(E) the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.); or

(F) any other authority available to the Secretary of Defense or the Secretary of State.

(7) A description of United States or Taiwan engagement with other countries that could assist in addressing in a sufficient and timely manner the capability gaps and capacity shortfalls identified pursuant to paragraph (1).

(8) An identification of opportunities to build interoperability, combined readiness, joint planning capability, and shared situational awareness between the United States, Taiwan, and other foreign partners and allies, as appropriate, through combined training, exercises, and planning events, including—

(A) table-top exercises and wargames that allow operational commands to improve joint and combined planning for contingencies involving a well-equipped adversary in a counter-intervention campaign;

(B) joint and combined exercises that test the feasibility of counter-intervention strategies, develop interoperability across services, and develop the lethality and survivability of combined forces against a well-equipped adversary;

(C) logistics exercises that test the feasibility of expeditionary logistics in an extended campaign with a well-equipped adversary;

(D) service-to-service exercise programs that build functional mission skills for addressing challenges posed by a well-equipped adversary in a counter-intervention campaign; and

(E) any other combined training, exercises, or planning with Taiwan’s military forces that the Secretary of Defense and Secretary of State consider relevant.

(9) An identification of options for the United States to use, to the maximum extent practicable, existing authorities or programs to expedite military assistance to Taiwan in the event of a crisis or conflict, including—

(A) a list of defense articles of the United States that may be transferred to Taiwan during a crisis or conflict;

(B) a list of authorities that may be used to provide expedited military assistance to Taiwan during a crisis or conflict;

(C) an assessment of methods that could be used to deliver such assistance to Taiwan during a crisis or conflict, including—

(i) the feasibility of employing such methods in different scenarios; and

(ii) recommendations for improving the ability of the Armed Forces to deliver such assistance to Taiwan; and

(D) an assessment of any challenges in providing such assistance to Taiwan in the event of a crisis or conflict and recommendations for addressing such challenges.

(Pub. L. 117–263, div. E, title LV, § 5506, Dec. 23, 2022, 136 Stat. 3299.)

§ 3356. Fast-tracking sales to Taiwan under foreign military sales program

(a) Preclearance of certain foreign military sales items

(1) In general

(2) Rules of construction

(A) Selection of items

(B) Notifications required

(b) Prioritized processing of foreign military sales requests from Taiwan

(1) Requirement

(2) Duration

(Pub. L. 117–263, div. E, title LV, § 5507, Dec. 23, 2022, 136 Stat. 3301.)

§ 3357. Findings and statement of policy

(a) Findings

Congress finds the following:

(1) Advancing peace and stability in the Indo-Pacific has been a central element of United States foreign policy toward the region.

(2) The Government of the People’s Republic of China (PRC), especially since the election of Tsai Ing-Wen in 2016, has conducted a coordinated campaign to weaken Taiwan diplomatically, economically, and militarily in a manner that threatens to erode United States policy and create a fait accompli on questions surrounding Taiwan’s future.

(3) To secure United States interests and preserve the ability of the people of Taiwan to determine their own future, it is necessary to reinforce Taiwan’s diplomatic, economic, and territorial space.

(b) Statement of policy

It is the policy of the United States to—

(1) maintain the position that peace and stability in the Western Pacific are in the political, security, and economic interests of the United States, and are matters of international concern; and

(2) work with allies and partners to promote peace and stability in the Indo-Pacific and deter military acts or other forms of coercive behavior that would undermine regional stability.

(Pub. L. 117–263, div. E, title LV, § 5511, Dec. 23, 2022, 136 Stat. 3308.)

§ 3357a. Statement of policy on Taiwan

(a) Statement of policy

(b) Fait accompli defined

(Pub. L. 117–263, div. A, title XII, § 1263, Dec. 23, 2022, 136 Stat. 2858.)

§ 3357b. Establishment of training, advising, and institutional capacity-building program for military forces of Taiwan

Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and pursuant to section 3353 of this title, 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 and other applicable statutory authorities available to the Secretary of Defense.

(Pub. L. 118–31, div. A, title XIII, § 1309(a), Dec. 22, 2023, 137 Stat. 494.)