The US House of Representatives and Senate in July and earlier this month respectively passed the National Defense Authorization Act for Fiscal Year 2018, which requires the US secretary of defense to submit to the US Congress an assessment on naval port of call exchanges between Taiwan and the US no later than Sept. 1 next year.
The move can be taken as formally forcing the White House to define its position toward Taiwan, and US President Donald Trump, currently somewhat on the back foot politically, will probably have little choice but to yield.
Both houses of Congress require the secretary of defense to submit an assessment report by Sept. 1 next year on ports of call by the US Navy at Kaohsiung or any other suitable ports in Taiwan, as well as the US receiving ports of call by the Republic of China (ROC) Navy in Hawaii, Guam and other appropriate locations.
The Senate’s version also requires the US to offer technical assistance to Taiwan to develop indigenous undersea warfare capabilities, including vehicles and sea mines, as well as to seek opportunities to expand training and exercises with Taiwan and to strengthen exchanges between senior Taiwanese and US military officers.
The House’s version requires regular briefings on the procedures and articles of arms sales so that Congress can play a more active role in US arms sales to Taiwan.
As there are other differences between the two versions, the two houses will need to negotiate on a final version to be submitted to the White House for the US president’s signature, after which it would become law, in accordance with the US legislative system.
Usually, a dominant president can halt a motion that he does not approve of by threatening to veto, vetoing it, or through a pocket veto.
However, the problem is that the act is not a conventional bill, as it includes US$640 billion for defense spending that Trump is determined to get.
What Trump is not happy about is the way the provision has been pushed through, which seems to threaten his authority.
However, Trump, his advisers, son-in-law Jared Kushner and son Donald Trump Jr are all currently caught up in the political vortex of an investigation into possible Russian interference in last year’s US president election.
At the same time, much of the US media is waiting for the next time Trump makes an exhibition of himself.
Due to his increased distance from veteran members of Congress, such as Senate Majority Leader Mitch McConnell and US Senate Committee on Armed Services Chairman John McCain, Trump now has few people in Congress to mediate on his behalf, which is why the act was passed with a high number of votes.
Even if Trump were forced to sign the act with the aforementioned provisions, it is still up to him to decide whether, and how, to implement it.
Clearly, the Trump administration was informed in advance that the act would be passed with high number of votes in the Senate after it was passed in the House and planned ahead, which is why the Pentagon invited the ROC Air Force to take part in Exercise Red Flag, an aerial combat training exercise hosted at Nellis Air Force Base in Nevada.
On July 21, the US Pacific Command invited the ROC Marine Corps to Hawaii to participate in joint amphibious operations exercises.
The US has invited Taiwanese naval personnel to observe US anti-submarine drills. It has also invited the ROC Navy’s anti-drone squadron to Eglin Air Force Base in Florida for Operation Black Dart in June next year to improve counter-drone tactics to counter a possible Chinese People’s Liberation Army attack.
Navy personnel will be able to observe US counter-drone tactics and technology, possibly helping Taiwan’s self-developed Chung Shyang II drone provide full-time monitoring of the sea and airspace around the nation.
It is particularly noteworthy that the American Institute in Taiwan earlier this month advertised an open bid for a logistics project outside the Port of Kaohsiung, with the contract to be awarded in December.
This indicates that in the future, even if US Navy ships visit the nation, they will not call on its ports, but carry out transportation and supply operations outside of them.
Obviously, the Trump administration’s goal is to please both sides — meet the requirements of Congress while not crossing a line with China.
Edward Chen is a chair professor in Chinese Culture University’s political science department.
Translated by Lin Lee-Kai
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