Taiwan Security Enhancement Act

Summary: Directs the Secretary of State, when considering foreign military sales to Taiwan, to take into account Taiwan's special status (including its defense needs in response to the military modernization and weapons procurement efforts by China) and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services.Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense (DOD) funds for the employment of additional technical staff at the American Institute in Taiwan.Directs the President to report annually to Congress with respect to Taiwan's defense needs.Directs the Secretary of Defense to implement a plan for the enhancement of programs for operational training and exchanges of senior officers between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to: (1) report annually to Congress on the security situation in the Taiwan Strait; and (2) certify to specified congressional committees that direct secure communications exist between the U.S. armed forces and the Taiwanese armed forces.Directs the Secretary of defense to report to specified congressional committees on the U.S. ability to successfully respond to a major contingency in the Asia-Pacific region where U.S. interests on Taiwan are at risk.

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.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.