USC Subchapter I

USC Subchapter I
in effect

22 U.S.C. § 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 programsThe Secretary of State, in consultation with the Secretary of Defense, shall use the authorities under this section to strengthen the United States-Taiwan defense relationship, and to support the acceleration of the modernization of Taiwan’s defense capabilities, consistent with the Taiwan Relations Act (Public Law 96–8) [22 U.S.C. 3301 et seq.]. (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 stockpileOf the amounts authorized to be appropriated pursuant to subsection (h), not more than $100,000,000 may be used during each of the fiscal years 2023 through 2032 to maintain a stockpile (if established pursuant to section 3352 of this title), in accordance with section 2321h of this title. (e) Availability of funds(1) Annual spending planNot later than March 1, 2023, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, shall submit a plan to the appropriate congressional committees describing how amounts authorized to be appropriated pursuant to subsection (h), if made available, would be used to achieve the purpose described in subsection (c). (2) Certification(A) In generalAmounts authorized to be appropriated for each fiscal year pursuant to subsection (h) are authorized to be made available after the Secretary of State, in coordination with the Secretary of Defense, certifies not later than 1 year after December 22, 2023, and not less than annually to the appropriate committees of Congress that Taiwan has increased its defense spending relative to Taiwan’s defense spending in its prior fiscal year, which includes support for an asymmetric strategy, excepting accounts in Taiwan’s defense budget related to personnel expenditures, (other than military training and education and any funding related to the All-Out Defense Mobilization Agency). (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 fundsAmounts authorized to be appropriated for a fiscal year pursuant to subsection (h) that are not obligated and expended during such fiscal year shall be added to the amount that may be used for Foreign Military Financing to Taiwan in the subsequent fiscal year. (f) Annual report on advancing the defense of Taiwan(1) Initial reportConcurrently with the first certification required under subsection (e)(2), the Secretary of State and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that describes steps taken to enhance the United States-Taiwan defense relationship and Taiwan’s modernization of its defense capabilities. (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 reportsConcurrently with subsequent certifications required under subsection (e)(2), the Secretary of State and the Secretary of Defense shall jointly submit updates to the initial report required under paragraph (1) that provides a description of changes and developments that occurred in the prior year. (4) FormThe reports required under paragraphs (1) and (3) shall be submitted in an unclassified form, but may contain a classified annex. (5) Sharing of summaryThe Secretary of State and the Secretary of Defense shall jointly share any unclassified portions of the reports, pursuant to paragraph (4), with Taiwan, as appropriate. (g) Foreign military financing loan and loan guarantee authority(1) Direct loans(A) In generalNotwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763), during fiscal years 2023 through 2027, the Secretary of State is authorized to make direct loans available for Taiwan pursuant to section 23 of such Act. (B) Maximum obligationsGross obligations for the principal amounts of loans authorized under subparagraph (A) may not exceed $2,000,000,000. (C) Source of funds(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 generalAmounts authorized to be appropriated pursuant to subsection (g) may be made available to pay for the cost of loans authorized under subparagraph (A). (D) Fees authorized(i) In generalThe Government of the United States may charge processing and origination fees for a loan made pursuant to subparagraph (A), not to exceed the cost to the Government of making such loan, which shall be collected from borrowers through a financing account (as defined in section 661a(7) of title 2). (ii) Limitation on fee paymentsAmounts made available under any appropriations Act for any fiscal year may not be used to pay any fees associated with a loan authorized under subparagraph (A). (E) RepaymentLoans made pursuant to subparagraph (A) shall be repaid not later than 12 years after the loan is received by the borrower, including a grace period of not more than 1 year on repayment of principal. (F) Interest(i) In generalNotwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763(c)(1)), interest for loans made pursuant to subparagraph (A) may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity. (ii) Treatment of loan amounts used to pay interestAmounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on assistance to a country. (2) Loan guarantees(A) In generalAmounts authorized to be appropriated pursuant to subsection (g) may be made available for the costs of loan guarantees for Taiwan under section 24 of the Arms Export Control Act (22 U.S.C. 2764) for Taiwan to subsidize gross obligations for the principal amount of commercial loans and total loan principal, any part of which may be guaranteed, not to exceed $2,000,000,000. (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. (C) SubordinationAny loan guaranteed pursuant to subparagraph (A) may not be subordinated to—(i) another debt contracted by the borrower; or (ii) any other claims against the borrower in the case of default. (D) RepaymentRepayment in United States dollars of any loan guaranteed under this paragraph shall be required not later than 12 years after the loan agreement is signed. (E) FeesNotwithstanding section 24 of the Arms Export Control Act (22 U.S.C. 2764), the Government of the United States may charge processing and origination fees for a loan guarantee authorized under subparagraph (A), not to exceed the cost to the Government of such loan guarantee, which shall be collected from borrowers, or from third parties on behalf of such borrowers, through a financing account (as defined in section 661a(7) of title 2). (F) Treatments of loan guaranteesAmounts made available under this paragraph for the costs of loan guarantees authorized under subparagraph (A) shall not be considered assistance for the purposes of any statutory limitation on assistance to a country. (3) Notification requirementAmounts authorized to be appropriated to carry out this subsection may not be expended without prior notification of the appropriate committees of Congress. (h) Authorization of appropriations(1) Authorization of appropriationsIn addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for Taiwan Foreign Military Finance grant assistance up to $2,000,000,000 for each of the fiscal years 2023 through 2027. (2) Training and educationOf the amounts authorized to be appropriated under paragraph (1), the Secretary of State should use not less than $2,000,000 per fiscal year for one or more blanket order Foreign Military Financing training programs related to the defense needs of Taiwan. (3) Direct commercial contractingThe Secretary of State may use amounts authorized to be appropriated under paragraph (1) for the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act (22 U.S.C. 2751 et seq.). (4) Procurement in TaiwanOf the amounts authorized to be appropriated for Foreign Military Financing and made available for Taiwan, not more than 15 percent of the amount made available for each fiscal year may be available for the procurement by Taiwan in Taiwan of defense articles and defense services, including research and development, as agreed by the United States and Taiwan. (i) Sunset provisionAssistance may not be provided under this section after September 30, 2032.

22 U.S.C. § 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.

22 U.S.C. § 3353 International military education and training cooperation with Taiwan

(a) In generalThe 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) ElementsThe training program required by subsection (a) should prioritize relevant and realistic training, including as necessary joint United States-Taiwan contingency tabletop exercises, war games, full-scale military exercises, and an enduring rotational United States military presence that assists Taiwan in maintaining force readiness and utilizing United States defense articles and services transferred from the United States to Taiwan. (c) Authorization of participation of Taiwan in the International Military Education and Training programThe Secretary of State is authorized to provide training and education to relevant entities in Taiwan through the International Military Education and Training program authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq).11 So in original. Probably should be “seq.).”

22 U.S.C. § 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.

22 U.S.C. § 3355 Multi-year plan to fulfill defensive requirements of military forces of Taiwan

(a) Multi-year planNot later than 180 days after December 23, 2022, the Secretary of Defense and the Secretary of State, in consultation with the Director of National Intelligence, shall engage for the purposes of establishing a joint consultative mechanism with appropriate officials of Taiwan to develop and implement a multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan and to engage with Taiwan in a series of combined training, exercises, and planning activities consistent with the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.). (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; 11 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. (c) RecurrenceThe joint consultative mechanism required in subsection (a) shall convene on a recurring basis and not less than annually.

22 U.S.C. § 3356 Fast-tracking sales to Taiwan under foreign military sales program

(a) Preclearance of certain foreign military sales items(1) In generalNot later than 1 year after December 23, 2022, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, and in conjunction with coordinating entities such as the National Disclosure Policy Committee, the Arms Transfer and Technology Release Senior Steering Group, and other appropriate entities, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program. (2) Rules of construction(A) Selection of itemsThe list compiled pursuant to paragraph (1) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program. (B) Notifications requiredNothing in this chapter may be construed to supersede congressional notification requirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.). (b) Prioritized processing of foreign military sales requests from Taiwan(1) RequirementThe Secretary of State and the Secretary of Defense shall prioritize and expedite the processing of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes. (2) DurationThe requirement under paragraph (1) shall continue until the Secretary of State determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the threat to Taiwan has significantly abated. (c) Interagency policyThe Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance provisions of this section.

22 U.S.C. § 3357 Findings and statement of policy

(a) FindingsCongress 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 policyIt 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.

22 U.S.C. § 3357a Statement of policy on Taiwan

(a) Statement of policyConsistent with the Taiwan Relations Act (22 U.S.C. 3301 et.11 So in original. The period probably should not appear. 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) Fait accompli definedIn 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.

22 U.S.C. § 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.

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