Editorial Notes
References in Text

The Taiwan Relations Act, referred to in subsec. (b), is Pub. L. 96–8, Apr. 10, 1979, 93 Stat. 14, which is classified generally to chapter 48 (§ 3301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.

The Arms Export Control Act, referred to in subsecs. (c) and (h)(3), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

Amendments

2023—Subsec. (e)(2)(A). Pub. L. 118–31, § 1308(a)(1), inserted “not later than 1 year after December 22, 2023, and” before “not less than annually”.

Subsec. (f)(2)(N) to (P). Pub. L. 118–31, § 1308(a)(2), added subpars. (N) to (P).

Statutory Notes and Related Subsidiaries
Short Title

Pub. L. 117–263, div. E, title LV, § 5501, Dec. 23, 2022, 136 Stat. 3292, provided that: “This subtitle [subtitle A (§§ 5501–5540) of title LV of div. E of Pub. L. 117–263, enacting this chapter, amending sections 2318, 2321h, 2321j, and 2348a of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Taiwan Enhanced Resilience Act’.”

Pub. L. 117–263, div. E, title LV, § 5526, Dec. 23, 2022, 136 Stat. 3324, provided that: “This part [part 5 (§§ 5526–5535) of subtitle A of title LV of div. E of Pub. L. 117–263, enacting subchapter IV of this chapter] may be cited as the ‘Taiwan Fellowship Act’.”

Military Cybersecurity Cooperation With Taiwan

Pub. L. 118–31, div. A, title XV, § 1518, Dec. 22, 2023, 137 Stat. 549, provided that:

“(a)
Requirement.—
Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of cooperating with the military forces of Taiwan on defensive military cybersecurity activities.
“(b)
Identification of Activities.—
In cooperating on defensive military cybersecurity activities with the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts to identify cooperative activities to—
“(1)
defend military networks, infrastructure, and systems;
“(2)
counter malicious cyber activity that has compromised such military networks, infrastructure, and systems;
“(3)
leverage United States commercial and military cybersecurity technology and services to harden and defend such military networks, infrastructure, and systems; and
“(4)
conduct combined cybersecurity training activities and exercises.
“(c)
Briefings.—
“(1)
Requirement.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
“(2)
Contents.—
The briefing under paragraph (1) shall include the following:
“(A)
A description of the feasibility and advisability of cooperating with the Ministry of Defense of Taiwan on the defensive military cybersecurity activities identified pursuant to subsection (b).
“(B)
An identification of any challenges and resources that would be needed to addressed to conduct such cooperative activities.
“(C)
An overview of efforts undertaken pursuant to this section.
“(D)
Any other matters the Secretary determines relevant.
“(d)
Appropriate Congressional Committees Defined.—
In this section, the term ‘appropriate congressional committees’ means—
“(1)
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
“(2)
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.”

Sense of Congress on Taiwan Defense Relations

Pub. L. 118–31, div. A, title XIII, § 1307, Dec. 22, 2023, 137 Stat. 493, provided that: “It is the sense of Congress that—

“(1)
the United States’ one China policy, as guided by the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. [3301] et seq.), the Three Communiques between the United States and the People’s Republic of China, and the Six Assurances provided by the United States to Taiwan in July 1982, is 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 sufficient defensive capabilities, 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 an asymmetric strategy;
“(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 sufficient defensive capabilities, 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)
cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
“(F)
expanding cooperation in humanitarian assistance and disaster relief; and
“(6)
the United States should increase its support to 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.”

Pub. L. 117–263, div. E, title LV, § 5512, Dec. 23, 2022, 136 Stat. 3308, provided that: “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 sufficient defensive capabilities, 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 an asymmetric strategy;
“(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 sufficient defensive capabilities, 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)
cooperating with Taiwan to improve its ability to employ military capabilities in asymmetric ways, as described in the Taiwan Relations Act; and
“(F)
expanding cooperation in humanitarian assistance and disaster relief; and
“(6)
the United States should increase its support to 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.”