On 18 May 1999, a
bi-partisan group of members of the U.S. House of Representatives,
including Majority Whip Tom Delay (R-TX), Christopher Cox (R-CA),
Peter Deutsch (D-FL), Robert Andrews (D-NJ) and Nita Lowey (D-NY) and
introduced H.R-1838.
It was the
House-version of the Taiwan Security Enhancement Act, which was
introduced in the U.S. Senate on 24 March 1999 by Senators Robert
Torricelli (D-NJ) and Jesse Helms (R-NC).
On October 26,
1999, a substantially revised version, authored by Rep. Benjamin
Gilman (R-N.Y.) and Rep. Sam Gejdensen (D-Conn.) was introduced. The
International Relations Committee approved the bill by a 32-6 vote,
and it went to the floor of the House of Representatives on February
1, 2000. After debate, the bill was approved by a vote of 341-70. The
complete text of the bill as passed by the House:
H.R.1838Taiwan Security Enhancement Act
106th CONGRESS2nd SessionIN
THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES
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:
- Since 1949, the close relationship between the United States and
Taiwan has been of enormous benefit to both societies.
- 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.
- The economy of Taiwan is based upon free market principles and is
separate and distinct from the People's Republic of China.
- 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.
- The People's Republic of China refuses to renounce the use of
force against democratic Taiwan.
- 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.
- 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 the economic system, of the people on Taiwan; and
- (E) the preservation and enhancement of the human rights of
all the people on Taiwan are objectives of the United States.
- 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.
- 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.
- 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.
- 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.
- Congress and the President are committed by the Taiwan Relations
Act to determine the nature and quantity of Taiwan's legitimate
self-defense needs.
- 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.
- 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.
- 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.
- 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.
- 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. Determination 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.
END
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