§3302. Implementation of United States policy with regard to Taiwan
(a) Defense articles and services
In furtherance of the policy set forth in section 3301 of this title, the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.
(b) Determination of Taiwan's defense needs
The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan's defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress.
(c) United States response to threats to Taiwan or dangers to United States interests
The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective as of January 1, 1979, see section 18 of
Establishment of Program Between the United States and Taiwan for Military Trauma Care
"(a)
"(b)
"(1) Dialogue on best practices for general trauma care, with a focus on amputation and amputee care, including the following elements of amputee care:
"(A) Use of prosthetics.
"(B) Wound care.
"(C) Rehabilitative therapy.
"(D) Family counseling.
"(E) Mental health therapy.
"(2) Training and support on trauma care, to include amputation and amputee care.
"(3) The conduct of relevant joint conferences and exchanges with military medical professionals.
"(4) Opportunities for personnel to attend classes on best practices for trauma and amputee rehabilitation.
"(5) Any other relevant military trauma care educational activities that the Secretary of Defense and appropriate officials from Taiwan's military forces determine appropriate.
"(c)
Taiwan Security Cooperation Initiative
"(a)
"(1)
"(A) the military, central government security forces, and central government security agencies of Taiwan; and
"(B) civilian central government entities of Taiwan that have among their functional responsibilities the support of military and central government security forces.
"(2)
"(A) The capabilities of the military, central government security forces, and central government security agencies of Taiwan to defend against coercion and aggression.
"(B) The ability of the civilian central governmental institutions of Taiwan to provide oversight and support, ensure accountability of, or manage, such forces.
"(b)
"(1) For purposes of subparagraph (A) of subsection (a)(1), the term 'appropriate assistance' includes the following:
"(A) Modifications to equipment provided by the United States for exportability or technology security.
"(B) Technology or services for effective end-use monitoring.
"(C) Intelligence, surveillance, and reconnaissance capabilities or support.
"(D) Anti-armor capabilities.
"(E) Radars.
"(F) Manned and unmanned aerial capabilities.
"(G) Defensive cyber capabilities.
"(H) Long-range precision fires.
"(I) Integrated air and missile defense systems.
"(J) Anti-ship missiles.
"(K) Electronic warfare and counter-electronic warfare capabilities or support.
"(L) Secure communications equipment and other electronic protection systems.
"(M) Undersea warfare capabilities.
"(N) Survivable swarming maritime assets.
"(O) Integrated air and missile defense systems or capabilities.
"(P) Mine and counter-mine capabilities.
"(Q) Littoral-zone and coastal defense vessels.
"(R) Coastal defense capabilities.
"(S) Transportation capabilities.
"(T) Command and control capabilities.
"(U) Munitions.
"(V) Training for critical operations and as required to maintain or employ systems and capabilities specified in subparagraphs (B) through (U).
"(2) For purposes of subparagraph (B) of subsection (a)(1), the term 'appropriate assistance' includes the following:
"(A) Modifications to equipment provided by the United States for exportability or technology security.
"(B) Technology or services for effective end-use monitoring.
"(C) Intelligence, surveillance, and reconnaissance capabilities or support.
"(D) Radars.
"(E) Manned and unmanned aerial capabilities.
"(F) Defensive cyber capabilities or support.
"(G) Secure communications equipment and other electronic protection systems.
"(H) Transportation capabilities.
"(I) Command and control capabilities.
"(J) Training for critical operations and as required to maintain or employ systems and capabilities specified in subparagraphs (B) through (I).
"(c)
"(d)
"(e)
"(1) make available to the military, central government security forces, and central government security agencies of Taiwan defense articles from the United States inventory and defense services, and to recover or dispose of such defense articles; or
"(2) make available to the foreign military and national security forces and ministries of defense (or security agencies serving a similar defense function) of foreign partners defense articles to replenish comparable stocks that such governments have provided to the military, central government security forces, and central government security agencies of Taiwan.
"(f)
"(1)
"(2)
"(A) An identification of the specific recipient of the defense articles or defense services.
"(B) Objectives of providing the defense articles or defense services.
"(C) The cost of providing the defense articles or defense services.
"(D) The anticipated timeline for delivery of the defense articles or defense services.
"(3)
"(A) An identification of the recipient foreign country.
"(B) A detailed description of the articles to be provided, including the dollar value, origin, and capabilities associated with the articles.
"(C) A detailed description of the articles provided to Taiwan to be replenished, including the dollar value, origin, and capabilities associated with the articles.
"(D) The impact on United States inventory and readiness of transferring the articles.
"(E) An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles.
"(4)
"(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
"(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
"(g)
"(h)
Normalizing the Transfer of Defense Articles and Defense Services to Taiwan
"(a)
"(b)
"(1)
"(A) the status of such request;
"(B) if the transfer of such article or service would require a certification or report to Congress pursuant to any applicable provision of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the status of any Letter of Offer and Acceptance the Secretary of Defense intends to issue with respect to such request; and
"(C) an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act (
"(2)
"(A) The date the Secretary of Defense received the Letter of Request.
"(B) The value of the sale proposed by such Letter of Request.
"(C) A description of the defense article or defense service proposed to be transferred.
"(D) The view of the Secretary of Defense with respect to such proposed sale and whether such sale would be consistent with United States defense initiatives with Taiwan.
"(3)
"(c)
"(d)
"(1)
"(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
"(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
"(2)
"(3)
Consultation With Congress With Regard to Taiwan
[For definitions of "appropriate congressional committees", "defense article", and "defense service" as used in section 1263 of
Transfer of War Reserve Materiel and Other Property to Taiwan