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106th CONGRESS
2d Session
H. R. 1838
[Report No. 106-423, Part I]
To assist in the enhancement of the security of Taiwan, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 1999
Mr. DeLay (for himself, Mr. Andrews, Mr. Gilman, Mr. Deutsch, Mr.
Rohrabacher, Mr. Wu, Mr. Cox, Mr. Jefferson, Mr. Diaz-Balart, Mrs.
Lowey, Mr. Smith of New Jersey, Mr. Hunter, Mr. Burton of Indiana, Mr.
Cook, and Mr. Weldon of Florida) introduced the following bill; which
was referred to the Committee on International Relations, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
October 28, 1999
Reported from the Committee on International Relations with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 28, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 5, 1999
November 5, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 10, 1999
November 10, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 12, 1999
November 11, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 17, 1999
November 17, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 18, 1999
November 18, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 19, 1999
November 19, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than November 22, 1999
November 22, 1999
Referral to the Committee on Armed Services extended for a period
ending not later than February 4, 2000
February 1, 2000
Additional sponsors: Mr. Schaffer, Mr. Forbes, Mr. Wexler, Mr. Ehrlich,
Mrs. Myrick, Mr. Gary Miller of California, Mr. English, Mr. Bliley,
Mrs. Morella, Mr. Crane, Mr. Hefley, Mr. Deal of Georgia, Mr. McNulty,
Mr. Hastings of Florida, Mr. Sununu, Mr. Whitfield, Mr. Barton of
Texas, Mr. Frank of Massachusetts, Mr. Calvert, Mr. Foley, Mr.
Gejdenson, Mr. Radanovich, Mr. Barr of Georgia, Mrs. Maloney of New
York, Mr. Bilirakis, Mr. Linder, Mr. Berman, Mr. Kleczka, Mr. Vitter,
Mr. Maloney of Connecticut, Ms. Dunn, Mr. Martinez, Mr. Rogan, Ms.
Pryce of Ohio, Mr. Bachus, Mr. Armey, Mr. Wynn, Mr. Franks of New
Jersey, Mr. Ney, Mr. Doolittle, Mr. DeMint, Mr. Frost, Mr. Payne, Mr.
Tancredo, Mr. Chabot, Mr. Burr of North Carolina, Mr. Coble, Mr.
Sanford, Mr. McCollum, Mr. Hansen, Mr. Etheridge, Mr. Talent, Mr.
Taylor of North Carolina, Mr. Sessions, Mr. Sam Johnson of Texas, Mr.
King, Mr. Tiahrt, Mr. Hutchinson, Mr. Hoeffel, Mr. Meeks of New York,
Mr. Vento, Mr. Underwood, Mr. Ackerman, Mr. Crowley, Mr. Ortiz, Mr.
Sherman, and Mr. Jones of North Carolina
[For text of introduced bill, see copy of bill as introduced on May 18,
1999]
_______________________________________________________________________
A BILL
To assist in the enhancement of the security of Taiwan, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Security Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1949, the close relationship between the United
States and Taiwan has been of enormous benefit to both
societies.
(2) In recent years, Taiwan has undergone a major political
transformation, and Taiwan is today a true multiparty democracy
with a political system separate from and totally unlike that
of the People's Republic of China.
(3) The economy of Taiwan is based upon free market
principles and is separate and distinct from the People's
Republic of China.
(4) Although on January 1, 1979, the United States
Government withdrew diplomatic recognition of the government on
Taiwan as the legitimate government of China, neither at that
time nor since has the United States Government adopted a
formal position as to the ultimate status of Taiwan other than
to state that status must be decided by peaceful means. Any
determination of the ultimate status of Taiwan must have the
express consent of the people on Taiwan.
(5) The People's Republic of China refuses to renounce the
use of force against democratic Taiwan.
(6) The Taiwan Relations Act has been instrumental in
maintaining peace, security, and stability in the Taiwan Strait
and the Western Pacific since its enactment in 1979.
(7) The Taiwan Relations Act (Public Law 96-8) states
that--
(A) peace and stability in the Taiwan Strait area
are in the political, security, and economic interests
of the United States and are of international concern;
(B) the decision of the United States to establish
diplomatic relations with the People's Republic of
China rests upon the expectation that the future of
Taiwan will be determined by peaceful means;
(C) the United States would consider any effort to
determine the future of Taiwan by other than peaceful
means, including boycotts or embargoes, a threat to the
peace and security of the Western Pacific region and of
grave concern to the United States;
(D) the United States will maintain the capacity to
resist any form of coercion that jeopardizes the
security, or the social or economic system, of the
people of Taiwan; and
(E) the preservation and enhancement of the human
rights of all people on Taiwan are objectives of the
United States.
(8) The Taiwan Relations Act establishes on the part of the
United States a continuing connection with and concern for
Taiwan and its people. Continued adherence to the Act will help
Taiwan to maintain its democracy free of coercion and to
safeguard its people from the use of force against them.
Furthermore, the maintenance by Taiwan of forces adequate for
its defense is in the interest of the United States in that it
helps to maintain peace in the Western Pacific region.
(9) The military modernization and weapons procurement
efforts by the People's Republic of China, as documented in the
February 1, 1999, report by the Secretary of Defense on ``The
Security Situation in the Taiwan Strait'', could threaten
cross-Strait stability and United States interests in the Asia-
Pacific region.
(10) The Taiwan Relations Act provides explicit guarantees
that the United States will make available defense articles and
services necessary in such quantity as may be necessary to
enable Taiwan to maintain a sufficient self-defense capability.
(11) The Taiwan Relations Act requires timely reviews by
United States military authorities of Taiwan's defense needs in
connection with recommendations to the President and the
Congress.
(12) Congress and the President are committed by the Taiwan
Relations Act to determine the nature and quantity of Taiwan's
legitimate self-defense needs.
(13) It is the policy of the United States to reject any
attempt to curb the provision by the United States of defense
articles and services legitimately needed for Taiwan's self-
defense.
(14) In accordance with the Taiwan Relations Act, the
United States has, since 1979, sold defensive weapons to
Taiwan, and such sales have helped Taiwan maintain its autonomy
and freedom. The Congress supports the continued provision of
additional defense articles and defense services in accordance
with the Taiwan Relations Act.
(15) It is in the national interest of the United States to
eliminate ambiguity and convey with clarity continued United
States support for Taiwan, its people, and their ability to
maintain their democracy free from coercion and their society
free from the use of force against them. Lack of clarity could
lead to unnecessary misunderstandings or confrontations between
the United States and the People's Republic of China, with
grave consequences for the security of the Western Pacific
region.
(16) A possible consequence of such ambiguity and lack of
clarity was the People's Republic of China's decision to
conduct military exercises and live fire missile tests in the
Taiwan Strait in March 1996, necessitating House Concurrent
Resolution 148, approved by the House of Representatives by a
vote of 369-14 on March 19, 1996, and by the Senate by a vote
of 97-0 on March 21, 1996, which stated that ``the United
States, in accordance with the Taiwan Relations Act and the
constitutional process of the United States, and consistent
with its friendship with and commitment to the democratic
government and people of Taiwan, should assist in defending
them against invasion, missile attack, or blockade by the
People's Republic of China.''. Immediately following
Congressional passage of House Concurrent Resolution 148, the
United States deployed on an emergency basis two aircraft
carrier battle groups to the Taiwan Strait, after which the
People's Republic of China ceased further planned military
exercises.
(17) An earlier consequence of such ambiguity and lack of
clarity was the expressed surprise by the People's Republic of
China that Congress and the American people fully supported
President Lee Teng-hui's private visit to his alma mater,
Cornell University, necessitating House Concurrent Resolution
53, approved by the House of Representatives by a vote of 390-0
on May 2, 1995, and by the Senate by a vote of 97-1 on May 9,
1995, which stated such support explicitly.
SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF DEFENSE ARTICLES AND
SERVICES TO TAIWAN.
(a) Training of Taiwan Military Officers.--The Secretary of Defense
and the Secretaries of the military departments shall make every effort
to reserve additional positions for Taiwan military officers at the
National Defense University and other professional military education
schools specified in section 2162(d) of title 10, United States Code,
and for prospective Taiwan military officers at the United States
Military Academy, the United States Naval Academy, and the Air Force
Academy.
(b) Foreign Military Sales.--The Secretary of State shall, when
considering foreign military sales to Taiwan--
(1) take into account the special status of Taiwan,
including the defense needs of Taiwan in response to the
military modernization and weapons procurement efforts by the
People's Republic of China; and
(2) make every effort to ensure that Taiwan has full and
timely access to price and availability data for defense
articles and defense services.
SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN.
(a) Increase in Technical Staff of the American Institute in
Taiwan.--Upon the request of the Defense Security Cooperation Agency,
the President shall use funds available to the Department of Defense
under the Arms Export Control Act for the employment of additional
technical staff at the American Institute in Taiwan.
(b) Annual Reports.--Beginning 60 days after the next round of arms
talks between the United States and Taiwan, and annually thereafter,
the President shall submit a report to Congress, in classified and
unclassified form--
(1) detailing each of Taiwan's requests for purchase of
defense articles and defense services during the one-year
period ending on the date of the report;
(2) describing the defense needs asserted by Taiwan as
justification for those requests; and
(3) describing the decision-making process used to reject,
postpone, or modify any such request.
SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) Maintenance of Sufficient Self-Defense Capabilities of
Taiwan.--Congress finds that any determination of the nature or
quantity of defense articles or defense services to be made available
to Taiwan that is made on any basis other than section 3(b) of the
Taiwan Relations Act (22 U.S.C. 3302(b)), whether such alternative
basis is the August 17, 1982, communique signed with the People's
Republic of China, or any similar executive agreement, order, or
policy, would violate the intent of Congress in the enactment of such
Act.
(b) Combined Training and Personnel Exchange Programs.--Not later
than 210 days after the date of enactment of this Act, the Secretary of
Defense shall implement a plan for the enhancement of programs and
arrangements for operational training and exchanges of senior officers
between the Armed Forces of the United States and the armed forces of
Taiwan for work in threat analysis, doctrine, force planning,
operational methods, and other areas. At least 30 days prior to such
implementation, the Secretary of Defense shall submit the plan to
Congress, in classified and unclassified form.
(c) Report Regarding Maintenance of Sufficient Self-Defense
Capabilities.--Not later than 45 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Defense shall
submit to the Congress, in classified and unclassified form, an annual
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