usc:us:22:3302

text: U.S.C. Title 22 - FOREIGN RELATIONS AND INTERCOURSE 22 U.S.C. United States Code, 2024 Edition Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 48 - TAIWAN RELATIONS Sec. 3302 - Implementation of United States policy with regard to Taiwan From the U.S. Government Publishing Office, www.gpo.gov §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 ar ticles 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. (Pub. L. 96–8, §3, Apr. 10, 1979, 93 Stat. 15.) Statutory Notes and Related Subsidiaries Effective Date Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title. Establishment of Program Between the United States and Taiwan for Military Trauma Care Pub. L. 118–159, div. A, title XIII, §1322, Dec. 23, 2024, 138 Stat. 2114, provided that: "(a) In General .—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.). "(b) Activities .—The program authorized by subsection (a) may consist of the following activities between personnel of the United States military health system and the medical personnel of Taiwan's military forces related to general trauma care, amputation and amputee care, post-traumatic stress disorder, traumatic brain injuries, and any other mental health condition associated with post-traumatic stress disorder or traumatic brain injuries: "(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) Use of Authorities .—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." Taiwan Security Cooperation Initiative Pub. L. 118–159, div. A, title XIII, §1323, Dec. 23, 2024, 138 Stat. 2115, provided that: "(a) Authority to Provide Assistance.— "(1) In general .—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. [sic] seq.), the Secretary of Defense, with the concurrence of the Secretary of State, may provide, for the purpose described in paragraph (2), appropriate assistance as defined in subsection (b) to— "(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) Purpose .—The purpose described in this paragraph is to enable Taiwan to maintain sufficient self-defense capabilities, including through one or more of the following: "(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) Appropriate Assistance Defined.— "(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) Construction of Authorization .—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. "(d) Funding .—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). "(e) Additional Authority for Use of United States Inventory .—The Secretary of Defense, with the concurrence of the Secretary of State, may, in such quantity as the Secretary of Defense determines appropriate to achieve the purposes of subsection (a)(2)— "(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) Notification to Congress.— "(1) In general .—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. "(2) Assistance or support provided under subsection (a).—A report under paragraph (1) with respect to the provision of assistance or support under subsection (a)(1) shall include the following: "(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) Assistance or support provided under subsection (e).—A report under paragraph (1) with respect to the provision of assistance or support under subsection (e) shall include the following: "(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) Appropriate committees of congress defined .—In this subsection, the term 'appropriate committees of Congress' means— "(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) Rule of Construction .—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.). "(h) Termination .—The authority provided by this section shall terminate on December 31, 2029." Normalizing the Transfer of Defense Articles and Defense Services to Taiwan Pub. L. 115–91, div. A, title XII, §1259A, Dec. 12, 2017, 131 Stat. 1685, as amended by Pub. L. 118–159, div. A, title XIII, §1321, Dec. 23, 2024, 138 Stat. 2114, provided that: "(a) Sense of Congress .—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. "(b) Report.— "(1) In general .—Not later than 120 days after the date on which the Secretary of Defense receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, the Secretary, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes— "(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 (Public Law 96–8; 22 U.S.C. 3301 et seq.). "(2) Elements .—Each report required under paragraph (1) shall specify the following: "(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) Form .—Each report required under paragraph (1) may be submitted in classified form. "(c) Briefing .—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. "(d) Definitions .—In this section: "(1) Appropriate congressional committees .—The term 'appropriate congressional committees' means— "(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) Defense article; defense service .—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). "(3) Letter of request; letter of offer and acceptance .—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." Consultation With Congress With Regard to Taiwan Pub. L. 107–228, div. B, title XII, §1263, Sept. 30, 2002, 116 Stat. 1434, provided that: "Beginning 180 days after the date of enactment of this Act [Sept. 30, 2002], and every 180 days thereafter, the President shall provide detailed briefings to and consult with the appropriate congressional committees regarding the United States security assistance to Taiwan, including the provision of defense articles and defense services." [For definitions of "appropriate congressional committees", "defense article", and "defense service" as used in section 1263 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title and section 1002 of Pub. L. 107–228, set out as a note under section 2151 of this title.] Transfer of War Reserve Materiel and Other Property to Taiwan Pub. L. 96–92, §23, Oct. 29, 1979, 93 Stat. 710, authorized President, during calendar year 1980, to transfer to Taiwan, under such terms and conditions as he may deem appropriate, United States war reserve materiel that was located on Taiwan on Jan. 1, 1979, and during calendar years 1979 and 1980, to transfer to Taiwan, under such terms and conditions as he may deem appropriate, rights of the United States in property (other than war reserve materiel) that was located on Taiwan on Jan. 1, 1979.