22 U.S.C. § 3302: Implementation of United States policy with regard to Taiwan

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. 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. 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. Not later than March 1, 2026 , the Secretary of Defense, in coordination with the Secretary of State and acting through the Director of the American Institute in Taiwan, shall seek to engage with appropriate officials of Taiwan in a joint program for the purpose of enabling the fielding of uncrewed systems and counter-uncrewed systems capabilities, including co-development and co-production of such capabilities, for the Armed Forces of the United States and the military forces of Taiwan, consistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq.). In carrying out a joint program under subsection (a), the Secretary of Defense may use the authorities under title 10, United States Code, and other applicable statutory authorities available to the Secretary. Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 2025 ], and annually thereafter through 2029, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the joint program under subsection (a). A summary of engagements under subsection (a). A description of activities undertaken by the Secretary of Defense and appropriate officials of Taiwan to enable the fielding of uncrewed systems and counter-uncrewed systems capabilities described in subsection (a). a memorandum of understanding on reciprocal defense procurement; a security of supply agreement; an acquisition and cross-servicing agreement; a general security of military information agreement; and a cyber maturity model certification. An identification of the additional resources or authorities necessary to enable the fielding of uncrewed systems and counter-uncrewed systems capabilities described in subsection (a). Any other matter the Secretary of Defense considers appropriate. the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.” The Secretary of Defense, in consultation with the Secretary of State, may establish a joint program on military trauma care with appropriate personnel of the military forces of Taiwan, consistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq.). Use of prosthetics. Wound care. Rehabilitative therapy. Family counseling. Mental health therapy. Training and support on trauma care, to include amputation and amputee care. The conduct of relevant joint conferences and exchanges with military medical professionals. Opportunities for personnel to attend classes on best practices for trauma and amputee rehabilitation. Any other relevant military trauma care educational activities that the Secretary of Defense and appropriate officials from Taiwan’s military forces determine appropriate. In carrying out the joint program authorized by subsection (a), the Secretary of Defense may use the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary.” the military, central government security forces, and central government security agencies of Taiwan; and civilian central government entities of Taiwan that have among their functional responsibilities the support of military and central government security forces. The capabilities of the military, central government security forces, and central government security agencies of Taiwan to defend against coercion and aggression. The ability of the civilian central governmental institutions of Taiwan to provide oversight and support, ensure accountability of, or manage, such forces. Modifications to equipment provided by the United States for exportability or technology security. Technology or services for effective end-use monitoring. Intelligence, surveillance, and reconnaissance capabilities or support. Anti-armor capabilities. Radars. Manned and unmanned aerial capabilities. Defensive cyber capabilities. Long-range precision fires. Integrated air and missile defense systems. Anti-ship missiles. Electronic warfare and counter-electronic warfare capabilities or support. Secure communications equipment and other electronic protection systems. Undersea warfare capabilities. Survivable swarming maritime assets. Integrated air and missile defense systems or capabilities. Mine and counter-mine capabilities. Littoral-zone and coastal defense vessels. Coastal defense capabilities. Transportation capabilities. Command and control capabilities. Munitions. Medical equipment, supplies, and related contingency care or, for military forces, combat casualty care capabilities. Training for critical operations and as required to maintain or employ systems and capabilities specified in subparagraphs (B) through (V). Modifications to equipment provided by the United States for exportability or technology security. Technology or services for effective end-use monitoring. Intelligence, surveillance, and reconnaissance capabilities or support. Radars. Manned and unmanned aerial capabilities. Defensive cyber capabilities or support. Secure communications equipment and other electronic protection systems. Transportation capabilities. Command and control capabilities. Medical equipment, supplies, and related capabilities necessary to carry out functional responsibilities to support the military and central government security forces. Training for critical operations and as required to maintain or employ systems and capabilities specified in subparagraphs (B) through (J). Nothing in this section may be construed to constitute a specific statuary authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. Of the amounts authorized to be appropriated for fiscal year 2025 for the Department of Defense, not more than $300,000,000 may be made available for the purposes of subsection (a). Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a). 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 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. Not later than 15 days before providing assistance or support under subsection (a)(1) or (e), the Secretary of Defense shall submit to the appropriate committees of Congress a notice containing a description of the defense articles or defense services that will be provided. An identification of the specific recipient of the defense articles or defense services. Objectives of providing the defense articles or defense services. The cost of providing the defense articles or defense services. The anticipated timeline for delivery of the defense articles or defense services. An identification of the recipient foreign country. A detailed description of the articles to be provided, including the dollar value, origin, and capabilities associated with the articles. A detailed description of the articles provided to Taiwan to be replenished, including the dollar value, origin, and capabilities associated with the articles. The impact on United States inventory and readiness of transferring the articles. An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles. the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. Nothing in this section may be construed as circumventing the applicable requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). The authority provided by this section shall terminate on December 31, 2029 .” It is the sense of Congress that any requests from the Government of Taiwan for defense articles and defense services should receive a case-by-case review by the Secretary of Defense, in consultation with the Secretary of State, that is consistent with the standard processes and procedures in an effort to normalize the arms sales process with Taiwan. the status of such request; 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 an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.). The date the Secretary of Defense received the Letter of Request. The value of the sale proposed by such Letter of Request. A description of the defense article or defense service proposed to be transferred. 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. Each report required under paragraph (1) may be submitted in classified form. Not later than 180 days after the date of the enactment of this Act [ Dec. 12, 2017 ], and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests. the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Foreign Relations of the Senate. The terms ‘defense article’ and ‘defense service’ have the meanings given such terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). The terms ‘Letter of Request’ and ‘Letter of Offer and Acceptance’ have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency, as in effect on the date of the enactment of this Act.”