106th CONGRESS
2d
Session
H.
R. 1838
AN
ACT
To assist in the enhancement of the
security of Taiwan , and for other purposes.
--------------------------------------------------------------------------------
AN ACT
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 report on the security situation in the Taiwan
Strait. Such report shall include an analysis of the military forces facing
Taiwan from the People's Republic of China, evaluating recent additions to the
offensive military capability of the People's Republic of China. The report
shall include, but not be limited to, an analysis of the surface and subsurface
naval threats, the ballistic missile threat, the air threat, and the threat to
the military and civilian communications links in Taiwan . The report shall
include a review of the steps taken by the armed forces of Taiwan to address its
security situation.
(d)
COMMUNICATIONS BETWEEN UNITED STATES AND TAIWAN MILITARY COMMANDS- Not later
than 180 days after the date of the enactment of this Act , the Secretary of
Defense shall certify to the Committee on International Relations and the
Committee on Armed Services of the House of Representatives and the Committee on
Foreign Relations and the Committee on Armed Services of the Senate that direct
secure communications exist between the armed forces of the United States and
the armed forces of Taiwan .
(e)
RELATION TO ARMS EXPORT CONTROL ACT - Nothing in this section supersedes or
modifies the application of section 36 of the Arms Export Control Act to the
sale of any defense article or defense service under this section.
SEC.
6. REPORT REGARDING THE ABILITY OF THE UNITED STATES TO RESPOND IN ASIA-PACIFIC
CONTINGENCIES THAT INCLUDE TAIWAN .
(a)
REPORT- Not later than 180 days after the date of the enactment of this Act ,
and updated as appropriate, the Secretary of Defense shall prepare and submit to
the chairmen and ranking minority members of the Committee on International
Relations and the Committee on Armed Services of the House of Representatives
and the Committee on Foreign Relations and the Committee on Armed Services of
the Senate a report in classified and unclassified form on the ability of the
United States to successfully respond to a major contingency in the Asia-Pacific
region where United States interests on Taiwan are at risk.
(b)
CONTENTS- The report described in subsection (a) shall include--
(1)
a description of planning on the national, operational, and tactical levels to
respond to, prosecute, and achieve United States strategic objectives with
respect to a major contingency described in subsection (a); and
(2)
a description of the confidence level of the Secretary of Defense in United
States military capabilities to successfully respond to such a contingency.
(c)
PREPARATION OF REPORT- In preparing the report under subsection (a), the
Secretary of Defense shall use the resources and expertise of the relevant
unified commands, military departments, the combat support agencies, and the
defense components of the intelligence community, as required, and other such
entities within the Department of Defense as the Secretary considers necessary.
Passed
the House of Representatives February 1, 2000.