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USA Defence Authorisation Act requires submission of China Interference Report within 45 days after Taiwan Presidential Election

Summary: the joint Houses agreed version of the National Defence Authorisation Act for the fiscal year 2020 have strengthened provisions to monitor CCP’s influences in Taiwan presidential election and strengthening up Taiwan’s capacity to identity, detect and disrupt malign interferences from China.

(Editor’s note: The NDAA also put Chinese overseas investment, including One Road One Belt Initiative, the digital Silk Road or physical infrastructure projects of China into the scope, requiring an assessment of whether China may turn these investments or projects into military assets that may affect US national security.)

US Congress announced an agreed version of the National Defence Authorisation Act for fiscal year 2020 (NDAA) on 9 Dec. Under the NDAA, the Director of Counterintelligence and Security Center shall submit a report regarding China interferences or destructive acts done to meddle Taiwan election and the efforts done by the United States to prevent such actions by the Communist Party (CCP) no later than 45 days after the election of President and Vice President.

The Senate and House Armed Services Committees (the Committees) jointly announced that they have reached agreements regarding the NDAA for fiscal year 2020. The Act relates to the appropriation of budget for the Department of Defence and Department of Energy national security programs in the coming financial year. The Committees released an executive summary and the full Congress report. The Bill is waiting to be voted for passing and signed to become effective by President Trump. USA media expected the Bill will be passed in this week.

In matters relating to China, Section 5511 requires submission of an annual report on intelligence operations and campaigns in the United States by CCP. Section 5512 requires report on the repression of ethnic Muslim minorities in Xinjiang. Section 5513 requires report on efforts and actions by CCP to influence Taiwan election.

The report should cover a description of any significant efforts by the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations by China and how United States Government help Taiwan to build the capacity to disrupt external efforts that degrade a free and fair election process. The report should also have an assessment on details of China influence activities and a comprehensive list of specific governmental and non-governmental entities of China that were involved in such activities and a description of the role of each entity; and any tactics, techniques, and procedures used in such operations.

The above requirements are consistent with what being laid down in the Intelligence Authorisation Act of the House Armed Services Committee but not previously contained in the Senate and House Armed Services Committees’ version. The addition of these specific requirements to strengthen the protection of Taiwan by both the Committees reveals that the US Congress is very concerned about Taiwan President election.

Apart from these sections, other parts of the NDAA that are relevant to Taiwan include Section 1260 B, C and D that cover cyber security, USA-Taiwan Relationship and engagement of USA-Taiwan Defence relationship.

In terms of cyber security, the Secretary of Defence shall submit to the congressional defence committees a report on matters relating to the feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating responses to emerging issues related to cyber security; discussion of the Department of Defence’s current and future plans to engage with Taiwan in cybersecurity activities and the obstacles encountered in forming, executing, or implementing agreements with Taiwan for cyber security activities not later than 180 days after the date of the enactment of the NADD Act.