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71–264PDF 2011

TO STRENGTHEN AND CLARIFY THE COMMERCIAL, CULTURAL,

AND OTHER RELATIONS BETWEEN THE UNITED STATES AND

THE PEOPLE OF TAIWAN, AS CODIFIED IN THE TAIWAN

RELATIONS ACT, AND FOR OTHER PURPOSES; AND TO PROVIDE TAIWAN WITH CRITICALLY NEEDED UNITED STATESBUILT MULTIROLE FIGHTER AIRCRAFT TO STRENGTHEN ITS

SELF-DEFENSE CAPABILITY AGAINST THE INCREASING MILITARY THREAT FROM CHINA

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TWELFTH CONGRESS

FIRST SESSION

ON

H.R. 2918 and H.R. 2992

NOVEMBER 17, 2011

Serial No. 112–116

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

ILEANA ROS-LEHTINEN, Florida, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

RON PAUL, Texas 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

GUS M. BILIRAKIS, Florida 

JEAN SCHMIDT, Ohio 

BILL JOHNSON, Ohio 

DAVID RIVERA, Florida 

MIKE KELLY, Pennsylvania 

TIM GRIFFIN, Arkansas 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ANN MARIE BUERKLE, New York 

RENEE ELLMERS, North Carolina 

ROBERT TURNER, New York 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ELIOT L. ENGEL, New York 

GREGORY W. MEEKS, New York 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

DENNIS CARDOZA, California 

BEN CHANDLER, Kentucky 

BRIAN HIGGINS, New York 

ALLYSON SCHWARTZ, Pennsylvania 

CHRISTOPHER S. MURPHY, Connecticut 

FREDERICA WILSON, Florida 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

YLEEM D.S. POBLETE, Staff Director 

RICHARD J. KESSLER, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 2918, To strengthen and clarify the commercial, cultural, and other 

relations between the United States and the people of Taiwan, as codified 

in the Taiwan Relations Act, and for other purposes ....................................... 2

Amendment in the nature of a substitute to H.R. 2918 offered by the 

Honorable Ileana Ros-Lehtinen, a Representative in Congress from the 

State of Florida, and chairman, Committee on Foreign Affairs ................... 26

Amendment to H.R. 2918 offered by the Honorable Gerald E. Connolly, 

a Representative in Congress from the Commonwealth of Virginia ............ 28

H.R. 2992, To provide Taiwan with critically needed Untied States-built 

multirole fighter aircraft to strengthen its self-defense capability against 

the increasing military threat from China ........................................................ 29

Amendment to H.R. 2992 offered by the Honorable Gerald E. Connolly ........ 34

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

Markup notice .......................................................................................................... 42

Markup minutes ...................................................................................................... 43

The Honorable Elton Gallegly, a Representative in Congress from the State 

of California: Prepared statement on H.R. 2918 ............................................... 45

The Honorable Gerald E. Connolly: Prepared statement on H.R. 2992 .............. 48

(1)

TO STRENGTHEN AND CLARIFY THE COMMERCIAL, CULTURAL, AND OTHER RELATIONS BETWEEN THE UNITED 

STATES AND THE PEOPLE OF TAIWAN, AS CODIFIED IN 

THE TAIWAN RELATIONS ACT, AND FOR OTHER PURPOSES; AND TO PROVIDE TAIWAN WITH CRITICALLY 

NEEDED UNITED STATES-BUILT MULTIROLE FIGHTER AIRCRAFT TO STRENGTHEN ITS SELF-DEFENSE CAPABILITY 

AGAINST THE INCREASING MILITARY THREAT FROM 

CHINA 

THURSDAY, NOVEMBER 17, 2011

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 10 o’clock a.m., in 

room 2172 Rayburn House Office Building, Hon. Ileana RosLehtinen (chairman of the committee) presiding. 

Chairman ROS-LEHTINEN. The committee will come to order. Pursuant to notice the committee meets this morning to mark up two 

strongly bipartisan measures, H.R. 2918, the Taiwan Policy Act of 

2011; and H.R. 2992, the Taiwan Airpower Modernization Act of 

2011. Members have before them copies of both bills as well as the 

three brief bipartisan amendments that were provided to your offices earlier this week. 

According to the expedited procedures shared with everyone yesterday, we will consider and approve all of those measures en bloc 

and then I will recognize myself, the ranking member, and any 

other member seeking recognition for remarks. All members are 

given leave to insert written remarks into the record, should they 

choose to do so. 

And so without objection, the following measures are considered 

as read and will be considered en bloc: H.R. 2918, the Taiwan Policy Act of 2011; amendment 97 to H.R. 2918, offered by the Chair; 

amendment 105 to H.R. 2918, offered by Mr. Connolly; H.R. 2992, 

the Taiwan Airpower Modernization Act of 2011; and amendment 

106 to H.R. 2992, offered by Mr. Connolly. 

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Chairman ROS-LEHTINEN. The Chair moves that the measures 

just listed be adopted by the committee. All those in favor say aye. 

[Chorus of ayes.] 

All opposed no. 

In the opinion of the Chair, the ayes have it and the bills and 

amendments considered en bloc are approved. Without objection, 

H.R. 2918 and H.R. 2922, as amended, will each be reported as a 

single amendment in the nature of a substitute and staff are directed to make technical and conforming changes. 

I will recognize members who wish to make statements on these 

measures beginning with myself and the ranking member. 

The committee just adopted legislation relating to U.S.-Taiwan 

relations and the defense needs of Taiwan including H.R. 2918, the 

Taiwan Policy Act of 2011. This legislation is designed to address 

the drift and lack of strategic thinking that has hurt the relationship in recent years. Although Taiwan maintains the staunch support of its many friends in Congress, the relationship has been 

placed on the defensive this past year by a growing number of policy revisions. Apologists who would use Taiwan as a bargaining 

chip to placate a rising China started voicing their views in the 

Journal of Foreign Affairs at the beginning of the year and have 

continued with an article last week titled, ‘‘To Save Our Economy, 

Ditch Taiwan.’’

It was due to concerns over these voices of appeasement that I 

felt it necessary to further strengthen and clarify our relations with 

the people of Taiwan by introducing the Taiwan Policy Act, and I 

note that in the audience we have Mr. Lester Wolff, a former Member of Congress, who this morning gave me his book, an analytic 

compilation with documents on subsequent developments on the 

legislative history of the Taiwan Relations Act, which has been the 

cornerstone of U.S.-Taiwan policies. Good to see you, Congressman 

Wolff. 

These concerns have only been amplified by the administration’s 

regrettable and short-sighted decision not to sell the next generation of F–16 CD fighters to Taiwan despite growing evidence of 

China’s increasing military threat to the island. Taiwan needs 

those F–16s, and she needs them now, to defend the skies over the 

Taiwan Strait. And Taiwan also needs diesel submarines, and she 

needs them now, to protect her territorial waters from the rapidly 

expanding PLA navy. And Secretary of Defense Leon Panetta’s 

comments last month in Bali that we gave Beijing ‘‘a heads up’’ before the formal announcement on armed sales to Taiwan, despite 

assurances to the contrary given by administration witnesses at a 


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prior committee hearing, raises further concerns about adherence 

to the Taiwan Relations Act and Ronald Reagan’s Six Assurances. 

The bill considered and adopted today will help ensure that Taiwan’s peace, prosperity, and security will be maintained for the 

next three decades and beyond. It would also further strengthen 

commercial relations between the United States and the people of 

Taiwan. While American trade interests in Asia stagnate, Beijing 

is expanding its own commercial interests even further out into the 

Pacific. Washington cannot cede supremacy in economic influence 

over the Pacific to Beijing. This legislation would also expedite people-to-people ties that are so vital to strengthening our bilateral relations by including Taiwan in the Visa Waiver Program consistent 

with our homeland security requirements. 

By building on the firm foundation laid by the Taiwan Relations 

Act over three decades ago, the Taiwan Policy Act will serve to 

move relations between the peoples of the United States and Taiwan to new levels in the areas of security, trade, and international 

travel. This committee showed its support for the people of Taiwan, 

for the sale of F–16 fighters to this island democracy, and for the 

spirit of the Taiwan Relations Act by taking favorable action on 

this legislation. 

Similarly, the committee also considered H.R. 2992, the Taiwan 

Airpower Modernization Act today. This important legislation was 

introduced by Congresswoman Granger, the distinguished chair of 

the Subcommittee on State, Foreign Operations of the Appropriations Committee. As the name of the title suggests, this is straightforward legislation. It simply requires that the President carry out 

the sale of no fewer than 66–16C/D multiple fighter aircraft to Taiwan. 

As members are aware, under the terms of the Taiwan Relations 

Act, the U.S. is obligated to make available defense articles and 

services necessary for Taiwan’s self defense. In order to meet this 

requirement, the U.S. must provide Taiwan with the equipment 

necessary to help the island nation defend its own airspace. 

While the recent agreement by the U.S. to upgrade Taiwan’s existing fleet of F–16s is a step in the right direction, Taiwan also 

urgently needs new advanced combat aircraft to help meet the 

growing menace from communist China. Accordingly, it is long past 

due for the executive branch to cease its dithering on this issue, 

and sell Taiwan the new F–16s it has sought since the year 2006. 

I strongly support passage of this legislation. 

And now I’m pleased to recognize my friend, the ranking member, for comments that he might like to make. Mr. Berman. 

Mr. BERMAN. Well, thank you very much, Madam Chairman, for 

scheduling the markup and particularly thank you for doing this 

in a way that I know since I’m a strong supporter of both bills that 

nothing I say can screw up its passage. I am a great admirer of 

what the Taiwanese people have accomplished and therefore am a 

strong supporter of Taiwan and both of these bills will bolster our 

bilateral relationship with an important friend and ally. 

H.R. 2992, the Taiwan Airpower Modernization Act of 2011 seeks 

to provide Taiwan with advanced F–16 CD fighter jets in order to 

strengthen Taiwan’s self-defense capability against the increasing 

military threat from mainland China. 

37

I welcome the Obama administration’s decision to upgrade Taiwan’s existing fleet of F–16 fighters, but view that as only a first 

step. Taiwan needs more advanced F–16s to help deter and if necessary defend against an attack from China. And it needs them 

sooner rather than later, as China has still not renounced the use 

of military force to resolve its longstanding dispute with Taiwan. 

When this committee held a hearing on Taiwan last month, the 

administration stated that it had not closed the door to selling new 

F–16 CDs to Taiwan and would continue to evaluate Taipei’s interest in acquiring these advanced fighter jets. H.R. 2992 is the logical 

next step in ensuring Taiwan can maintain a sufficient defensive 

capability and in satisfying Taiwan’s interest in procuring these 

new fighters. 

Members on both sides of the aisle have a strong commitment to 

maintaining Taiwan’s security in the face of the growing Chinese 

military threat and this bipartisan bill is a vehicle to express Congress’ commitment. 

The other Taiwan bill before us, H.R. 2198, the Taiwan Policy 

Act of 2011, your bill, Madam Chairman, is intended to strengthen 

and update certain aspects of the U.S.-Taiwan relationship. I’m especially pleased to see that it includes a provision that would allow 

senior leaders of Taiwan to visit the United States, a problem that 

has long needed a remedy. Why is it that the President of a democratic partner of the United States is not allowed to visit this country, except as part of transit stops to other countries? It’s time that 

all Taiwanese officials are afforded the proper respect and be allowed to visit the United States. 

Your bill, Madam Chairman, also includes provisions to maintain 

U.S. support for Taiwan’s meaningful participation in international 

organizations like the World Health Assembly and the International Civil Aviation Organization. I have long been a supporter 

of Taiwan’s participation in the World Health Organization and am 

pleased to see this act continues U.S. policy to ensure Taiwan’s 

continued participation in the WHA and other international organizations in the future. Both of these bills before the committee today 

will continue the strong U.S. support for Taiwan and maintain the 

close ties between the U.S. and the people of Taiwan. I urge—I 

don’t need to, my colleague, I’m glad my colleague supported these 

pieces of legislation and I yield back. 

Chairman ROS-LEHTINEN. Thank you so much. 

Mr. BERMAN. Can I have one——

Chairman ROS-LEHTINEN. Yes, sir. Yes, sir. 

Mr. BERMAN. I’ve got a few seconds here. Just on the larger 

issue, one thing I do want to say is it is quite evident both on the 

general issue of America’s presence in the Western Pacific that this 

administration is deeply committed to maintaining and strengthening that presence this very week. And by the administration’s 

own commitments with respect to any defense cuts that may be 

coming, none of those cuts, none of that presence is going to be reduced. It’s being strengthened and part of the demonstration of 

that is the closer and closer ties that many of the countries of East 

Asia are seeking with the United States on that issue. So on this 

issue, I think we have nothing to fear. The administration, I think, 

38

is actually pursuing this quite diligently and effectively. With that, 

I yield back. 

Chairman ROS-LEHTINEN. Thank you so much, Mr. Berman. 

Mr. Rohrabacher is recognized. 

Mr. ROHRABACHER. I pass. Thank you very much. 

Chairman ROS-LEHTINEN. Mr. Royce is recognized for any statements you might like. 

Mr. ROYCE. Thank you, Madam Chairman. Thank you both for 

your leadership on Taiwan, Madam Chairman. Thanks for holding 

this markup. This legislation, of which I’m an original co-sponsor, 

comes at a pretty important time, because there’s an academic debate that’s brewing. You see it in the papers about ‘‘abandoning 

Taiwan.’’ According to some, we should have the United States 

back away from Taiwan to supposedly improve relations with 

China. I think members understand that stepping back from Taiwan would not result in China taking a firmer line on North Korea, 

which is a concern to us, or on Iran’s nuclear programs. It would 

have no impact on that. It wouldn’t get China to drop its predatory 

economic policies. What I’m concerned it might do, it might be 

more likely that China would conclude that the U.S. is weak and 

can be manipulated. 

I would argue if you really think it through, when you reflect on 

this, that that could be the result. It is interesting that tensions 

between China and its other neighbors have heightened. You have 

to think this through in the context of this hypothesis on abandoning Taiwan because that reality, those heightened tensions, undercuts the theory that China’s dispute with Taiwan is the only impediment to its peaceful rise. Bad ideas need to be challenged before they take grip. Moving this bill forward, demonstrating our 

broad commitment to Taiwan pours cold water over such naive 

thinking. 

I do regret, however, that another committee forced us to walk 

back the introduced language on U.S.-Taiwan economic relations. 

Earlier this year we heard testimony on how a single issue representing less than 1 percent of our bilateral trade relationship is 

being used to hold up our entire trade relationship. This is our 

ninth largest trading partner, colleagues. We should be talking and 

working to address U.S. economic interests. But that said, this is 

a good bill which we should advance. I urge its passage. Thank 

you, Madam Chair. 

Chairman ROS-LEHTINEN. Thank you very much, Mr. Royce. Mr. 

Chabot is recognized. 

Mr. CHABOT. Thank you, Madam Chair. I thank the chair and 

the ranking member for their statements and I agree with virtually 

every thing that each one of them said. 

Chairman ROS-LEHTINEN. But mostly with my words. 

Mr. CHABOT. Mostly with yours, but Mr. Berman was particularly articulate this morning as well. But I have been with one of 

the co-chairs of the Congressional Taiwan Caucus for about 10 

years before my 2-year involuntary sabbatical and now back, so I’ve 

had a great interest and been there probably 8 or 9 times over my 

15 years here in Congress and have watched this relationship between Taiwan and the Peoples Republic of China as China has inVerDate 0ct 09 2002 17:20 Jun 28, 2012 Jkt 000000 PO 00000 Frm 00042 Fmt 6633 Sfmt 6633 F:\WORK\FULL\111711M\71264 HFA PsN: SHIRL
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creased from I think it was 500, 600 missiles when I first came in 

’95 to over 1,400 missiles that are aimed at Taiwan right now. 

Let’s face it, as much as we trade with China over the next century and probably beyond that, they’re going to be our principal 

rival on this planet and it can be a cooperative relationship, we can 

trade back and forth to the benefit of both countries and the world 

or China can continue to go down this path where they’re flexing 

their muscle in the region. Other countries, I think, are being intimidated. They’ve tried to bully Taiwan for years and years now. 

So we have to be there for our allies. Taiwan has been a strong 

ally. Does rely upon the United States to a considerable degree. In 

general, we’ve been a reliable ally, but to be perfectly honest here, 

again, I think relative to the planes we should have given them, 

the most advanced technology, and I would encourage us to do that 

as quickly as possible in that area. I’ll yield to the gentleman from 

California. 

Mr. ROYCE. I thank the gentleman from Ohio for yielding. I 

wanted to add my support for some of the points that Mr. Berman 

made about the F–16 sales. In the administration’s reluctance to 

engage and follow through on those sales, I think that that is a 

necessary credible deterrent. I think we have certain responsibilities here that need to be fulfilled. I hope we can return to this 

issue; we find an avenue to do it because we have not taken the 

steps necessary to really send that message and create that credible deterrence. Thank you. 

Mr. CHABOT. I’ll yield back. 

Chairman ROS-LEHTINEN. Thank you so much and I want to 

thank the members and the staff on both sides of the aisle for the 

good work and the cooperation that went into these bills in today’s 

markup. Having concluding our business, the committee is adjourned. Thank you gentleman and ladies. 

[Whereupon, at 10:25 a.m., the markup was concluded.] 

(41)

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