22 U.S.C. § 3356 — Fast-tracking sales to Taiwan under for-

Page 1345 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3356 (B) Department of Defense security assist- ance authorized by chapter 16 of title 10; (C) Department of State training and edu- cation programs authorized by chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.); (D) section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318); (E) the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.); or (F) any other authority available to the Secretary of Defense or the Secretary of State. (7) A description of United States or Taiwan engagement with other countries that could assist in addressing in a sufficient and timely manner the capability gaps and capacity shortfalls identified pursuant to paragraph (1). (8) An identification of opportunities to build interoperability, combined readiness, joint planning capability, and shared situa- tional awareness between the United States, Taiwan, and other foreign partners and allies, as appropriate, through combined training, ex- ercises, and planning events, including— (A) table-top exercises and wargames that allow operational commands to improve joint and combined planning for contin- gencies involving a well-equipped adversary in a counter-intervention campaign; (B) joint and combined exercises that test the feasibility of counter-intervention strat- egies, develop interoperability across serv- ices, and develop the lethality and surviv- ability of combined forces against a well- equipped adversary; (C) logistics exercises that test the feasi- bility of expeditionary logistics in an ex- tended campaign with a well-equipped adver- sary; (D) service-to-service exercise programs that build functional mission skills for ad- dressing challenges posed by a well-equipped adversary in a counter-intervention cam- paign; and (E) any other combined training, exercises, or planning with Taiwan’s military forces that the Secretary of Defense and Secretary of State consider relevant. (9) An identification of options for the United States to use, to the maximum extent practicable, existing authorities or programs to expedite military assistance to Taiwan in the event of a crisis or conflict, including— (A) a list of defense articles of the United States that may be transferred to Taiwan during a crisis or conflict; (B) a list of authorities that may be used to provide expedited military assistance to Taiwan during a crisis or conflict; (C) an assessment of methods that could be used to deliver such assistance to Taiwan during a crisis or conflict, including— (i) the feasibility of employing such methods in different scenarios; and (ii) recommendations for improving the ability of the Armed Forces to deliver such assistance to Taiwan; and (D) an assessment of any challenges in pro- viding such assistance to Taiwan in the event of a crisis or conflict and rec- ommendations for addressing such chal- lenges. (c) Recurrence The joint consultative mechanism required in subsection (a) shall convene on a recurring basis and not less than annually. (Pub. L. 117–263, div. E, title LV, § 5506, Dec. 23, 2022, 136 Stat. 3299.) Editorial Notes REFERENCES IN TEXT The Taiwan Relations Act, referred to in subsec. (a), is Pub. L. 96–8, Apr. 10, 1979, 93 Stat. 14, which is classi- fied 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 Foreign Assistance Act of 1961, referred to in sub- sec. (b)(6)(C), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of the Act is classified generally to part V (§ 2347 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(6)(E), 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 sec- tion 2751 of this title and Tables. § 3356. Fast-tracking sales to Taiwan under for- eign military sales program (a) Preclearance of certain foreign military sales items (1) In general Not later than 1 year after December 23, 2022, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, and in conjunction with coordinating entities such as the National Disclosure Pol- icy Committee, the Arms Transfer and Tech- nology Release Senior Steering Group, and other appropriate entities, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre- cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program. (2) Rules of construction (A) Selection of items The list compiled pursuant to paragraph (1) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program. (B) Notifications required Nothing in this chapter may be construed to supersede congressional notification re- quirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.). (b) Prioritized processing of foreign military sales requests from Taiwan (1) Requirement The Secretary of State and the Secretary of Defense shall prioritize and expedite the proc- Page 1346 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3357 1 So in original. The period probably should not appear. essing of requests from Taiwan under the For- eign Military Sales program, and may not delay the processing of requests for bundling purposes. (2) Duration The requirement under paragraph (1) shall continue until the Secretary of State deter- mines and certifies to the Committee on For- eign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives that the threat to Taiwan has sig- nificantly abated. (c) Interagency policy The Secretary of State and the Secretary of Defense shall jointly review and update inter- agency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance provisions of this section. (Pub. L. 117–263, div. E, title LV, § 5507, Dec. 23, 2022, 136 Stat. 3301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2)(B), was in the original ‘‘this Act’’, meaning Pub. L. 117–263, div. E, title LV, subtitle A (§§ 5501–5540), Dec. 23, 2022, 136 Stat. 3292, known as the Taiwan Enhanced Resilience Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 3351 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a)(2)(B), 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 sec- tion 2751 of this title and Tables. § 3357. Findings and statement of policy (a) Findings Congress finds the following: (1) Advancing peace and stability in the Indo-Pacific has been a central element of United States foreign policy toward the re- gion. (2) The Government of the People’s Republic of China (PRC), especially since the election of Tsai Ing-Wen in 2016, has conducted a coordi- nated campaign to weaken Taiwan diplomati- cally, economically, and militarily in a man- ner that threatens to erode United States pol- icy and create a fait accompli on questions surrounding Taiwan’s future. (3) To secure United States interests and preserve the ability of the people of Taiwan to determine their own future, it is necessary to reinforce Taiwan’s diplomatic, economic, and territorial space. (b) Statement of policy It is the policy of the United States to— (1) maintain the position that peace and sta- bility in the Western Pacific are in the polit- ical, security, and economic interests of the United States, and are matters of inter- national concern; and (2) work with allies and partners to promote peace and stability in the Indo-Pacific and deter military acts or other forms of coercive behavior that would undermine regional sta- bility. (Pub. L. 117–263, div. E, title LV, § 5511, Dec. 23, 2022, 136 Stat. 3308.) § 3357a. Statement of policy on Taiwan (a) Statement of policy Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et.1 seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. (b) Fait accompli defined In this section, the term ‘‘fait accompli’’ re- fers to the resort to force by the People’s Repub- lic of China to invade and seize control of Tai- wan before the United States can respond effec- tively. (Pub. L. 117–263, div. A, title XII, § 1263, Dec. 23, 2022, 136 Stat. 2858.) Editorial Notes REFERENCES IN TEXT The Taiwan Relations Act, referred to in subsec. (a), is Pub. L. 96–8, Apr. 10, 1979, 93 Stat. 14, which is classi- fied 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. CODIFICATION Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117–263), but not as part of the Taiwan En- hanced Resilience Act (Pub. L. 117–263, div. E, title LV, subtitle A) which comprises this chapter. § 3357b. Establishment of training, advising, and institutional capacity-building program for military forces of Taiwan Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and pursuant to section 3353 of this title, the Secretary of Defense, in con- sultation with appropriate officials of Taiwan, shall establish a comprehensive training, advis- ing, and institutional capacity-building program for the military forces of Taiwan using the au- thorities provided in chapter 16 of title 10 and other applicable statutory authorities available to the Secretary of Defense. (Pub. L. 118–31, div. A, title XIII, § 1309(a), Dec. 22, 2023, 137 Stat. 494.) Editorial Notes REFERENCES IN TEXT The Taiwan Relations Act, referred to in text, is Pub. L. 96–8, Apr. 10, 1979, 93 Stat. 14, which is classified gen- erally 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. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part