Sec. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES AND INTELLIGENCE SUPPORT

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## SEC. 5510 ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES AND INTELLIGENCE SUPPORT Section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1988) is amended to read as follows: > > ## “SEC. 1248 ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE SUPPORT > > > ### “(a) In General > > Through fiscal year 2027, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and the heads of other relevant Federal departments and agencies, shall jointly perform an annual assessment, consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), of security matters related to Taiwan, including intelligence matters, Taiwan’s defensive military capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration.

At a minimum, the assessment shall include the following: > > > #### “(1) > > An intelligence assessment regarding— > > > ##### “(A) > > conventional military and nuclear threats to Taiwan from the People’s Republic of China, including exercises, patrols, and presence intended to intimidate or coerce Taiwan; and > > > ##### “(B) > > irregular warfare activities, including influence operations, conducted by the People’s Republic of China to interfere in or undermine the peace and stability of the Taiwan Strait. > > > #### “(2) > > The current military capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats across a range of scenarios. > > > #### “(3) > > The interoperability of current and future defensive capabilities of Taiwan with the military capabilities of the United States and its allies and partners. > > > #### “(4) > > The plans, tactics, techniques, and procedures underpinning an effective defense strategy for Taiwan, including how addressing identified capability gaps and capacity shortfalls will improve the effectiveness of such strategy. > > > #### “(5) > > A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s military capabilities identified pursuant to this section. > > > #### “(6) > > With respect to materiel capabilities and capacities the Secretary of Defense and Secretary of State jointly assess to be most effective in deterring, defeating, or delaying military aggression by the People’s Republic of China, a prioritized list of capability gaps and capacity shortfalls of the military forces of Taiwan, including— > > > ##### “(A) > > an identification of— > > > ###### “(i) > > any United States, Taiwan, or ally or partner country defense production timeline challenge related to potential materiel and solutions to such capability gaps; > > > ###### “(ii) > > the associated investment costs of enabling expanded production for items currently at maximum production; > > > ###### “(iii) > > the associated investment costs of, or mitigation strategies for, enabling export for items currently not exportable; and > > > ###### “(iv) > > existing stocks of such capabilities in the United States and ally and partner countries; > > > ##### “(B) > > the feasibility and advisability of procuring solutions to such gaps and shortfalls through United States allies and partners, including through co-development or co-production; > > > ##### “(C) > > the feasibility and advisability of assisting Taiwan in the domestic production of solutions to capability gaps, including through— > > > ###### “(i) > > the transfer of intellectual property; and > > > ###### “(ii) > > co-development or co-production arrangements; > > > ##### “(D) > > the estimated costs, expressed in a range of options, of procuring sufficient capabilities and capacities to address such gaps and shortfalls; > > > ##### “(E) > > an assessment of the relative priority assigned by appropriate officials of Taiwan to each such gap and shortfall; and > > > ##### “(F) > > a detailed explanation of the extent to which Taiwan is prioritizing the development, production, or fielding of solutions to such gaps and shortfalls within its overall defense budget. > > > #### “(7) > > The applicability of Department of State and Department of Defense authorities for improving the defensive military capabilities of Taiwan in a manner consistent with the Taiwan Relations Act. > > > #### “(8) > > A description of any security assistance provided or Foreign Military Sales and Direct Commercial Sales activity with Taiwan over the past year. > > > #### “(9) > > A description of each engagement between the United States and Taiwan personnel related to planning over the past year. > > > #### “(10) > > With respect to each to training and exercises— > > > ##### “(A) > > a description of each such instance over the past year; > > > ##### “(B) > > a description of how each such instance— > > > ###### “(i) > > sought to achieve greater interoperability, improved readiness, joint planning capability, and shared situational awareness between the United States and Taiwan, or among the United States, Taiwan, and other countries; > > > ###### “(ii) > > familiarized the militaries of the United States and Taiwan with each other; and > > > ###### “(iii) > > improved Taiwan’s defense capabilities. > > > #### “(11) > > A description of the areas and means through which the United States is assisting and supporting training, exercises, and assistance to support Taiwan’s requirements related to civilian defense and resilience, and how the United States is seeking to assist Taiwan in addressing any critical gaps where capacity falls short of meeting such requirements, including those elements identified in the assessment required by section 5502(f) of the James M.

Inhofe National Defense Authorization Act for Fiscal Year 2023. > > > #### “(12) > > An assessment of the implications of current levels of pre-positioned war reserve materiel on the ability of the United States to respond to a crisis or conflict involving Taiwan with respect to— > > > ##### “(A) > > providing military or non-military aid to Taiwan; and > > > ##### “(B) > > sustaining military installations and other infrastructure of the United States in the Indo-Pacific region. > > > #### “(13) > > An assessment of the current intelligence, surveillance, and reconnaissance capabilities of Taiwan, including any existing gaps in such capabilities and investments in such capabilities by Taiwan since the preceding report. > > > #### “(14) > > A summary of changes to pre-positioned war reserve materiel of the United States in the Indo-Pacific region since the preceding report. > > > #### “(15) > > Any other matters the Secretary of Defense or the Secretary of State considers appropriate. > > > ### “(b) Plan > > The Secretary of Defense and the Secretary of State shall jointly develop a plan for assisting Taiwan in improving its defensive military capabilities and addressing vulnerabilities identified pursuant to subsection

(a)that includes— > > > #### “(1) > > recommendations, if any, for new Department of State or Department of Defense authorities, or modifications to existing Department of State or Department of Defense authorities, necessary to improve the defensive military capabilities of Taiwan in a manner consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.); > > > #### “(2) > > an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and > > > #### “(3) > > an identification of challenges and opportunities for leveraging authorities, resources, and capabilities outside the Department of Defense and the Department of State to improve the defensive capabilities of Taiwan in accordance with the Taiwan Relations Act. > > > ### “(c) Report > > Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of State and the Secretary of Defense, in consultation with the Director of National Intelligence, shall jointly submit to the appropriate committees of Congress— > > > #### “(1) > > a report on the results of the assessment required by subsection (a); > > > #### “(2) > > the plan required by subsection (b); and > > > #### “(3) > > a report on— > > > ##### “(A) > > the status of efforts to develop and implement the joint multi-year plan required under section 5506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 to provide for the acquisition of appropriate defensive military capabilities by Taiwan and to engage with Taiwan in a series of combined training and planning activities consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.); and > > > ##### “(B) > > any other matters the Secretary of State and the Secretary of Defense consider necessary. > > > ### “(d) Form > > The reports required by subsection

(c)shall be submitted in unclassified form, but may include a classified annex. > > > ### “(e) Appropriate Committees of Congress Defined > > For purposes of this section, the term ‘appropriate committees of Congress’ means— > > > #### “(1) > > the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and > > > #### “(2) > > the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.” > .

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