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THE TAIWAN RELATIONS ACT OF 2013

MARKUP

BEFORE THE

SUBCOMMITTEE ON ASIA AND THE PACIFIC

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

ON

H.R. 419

APRIL 25, 2013

Serial No. 113–16

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 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ADAM KINZINGER, Illinois 

MO BROOKS, Alabama 

TOM COTTON, Arkansas 

PAUL COOK, California 

GEORGE HOLDING, North Carolina 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

STEVE STOCKMAN, Texas 

RON DESANTIS, Florida 

TREY RADEL, Florida 

DOUG COLLINS, Georgia 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

LUKE MESSER, Indiana 

ELIOT L. ENGEL, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

JUAN VARGAS, California 

BRADLEY S. SCHNEIDER, Illinois 

JOSEPH P. KENNEDY III, Massachusetts 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON ASIA AND THE PACIFIC

STEVE CHABOT, Ohio, Chairman 

DANA ROHRABACHER, California 

MATT SALMON, Arizona 

MO BROOKS, Alabama 

GEORGE HOLDING, North Carolina 

SCOTT PERRY, Pennsylvania 

DOUG COLLINS, Georgia 

LUKE MESSER, Indiana 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

AMI BERA, California 

TULSI GABBARD, Hawaii 

BRAD SHERMAN, California 

GERALD E. CONNOLLY, Virginia 

WILLIAM KEATING, Massachusetts 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 419, To strengthen and clarify the commercial, cultural, and other 

relations between the people of 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. 419 offered by the Honorable Steve Chabot, a Representative in Congress from the State of Ohio, 

and chairman, Subcommittee on Asia and the Pacific .................................. 27

APPENDIX 

Markup notice .......................................................................................................... 58

Markup minutes ...................................................................................................... 59

(1)

THE TAIWAN RELATIONS ACT OF 2013

THURSDAY, APRIL 25, 2013

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON ASIA AND THE PACIFIC,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:05 p.m., in room 

2255, Rayburn House Office Building, Hon. Steve Chabot (chairman of the subcommittee) presiding. 

Mr. CHABOT. The subcommittee will come to order. 

Pursuant to notice, I call up H.R. 419, the Taiwan Policy Act of 

2013, for purposes of markup and move its recommendation to the 

full committee. 

Without objection, the bipartisan amendment in the nature of a 

substitute provided to all members earlier this week will be the 

base text and is considered as read and open for amendment at any 

point. 

[H.R. 419 and the amendment in the nature of a substitute follow:]

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113TH CONGHESS 

1ST SES8IO~ H.R.419 

To s11'engthen awl elal'ify the eommereial, ellHural, and other I'f:lations hetween the people of the United States and the people of Taiwan, as 

codified in the Taiwan R.elations Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JAKU"ffiY 25, 201:3 

Ms. R08-LEHTINE:'-J (for herself, Mr. SIRES, Mr. Dli-.z-BAhillT, lVIr. CONKOLLY, a.nd lVlr. CAR.TER) illLrodueed the following bill; whieh waR referred t.o t.he Committee on Foreign .Affairs, and in addition to the Committee on 'Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of sueh provisions as fall 

within the jlll'isdietion of the eommittep eoneel'ned 

A BILL 

To strengthen and clarifY the commercial, cultural, and other 

relations between the people of the United States and 

the people of Taiwan, as codified in the Taiwan Relations 

Act, and for other purposes. 

Be it enctcled by the Se:na.te and HOltse Represenla2 tives of the Un·ited States ofAmen:ca '/:n Cong-ress (Ls~;err/'UI,C:(J_, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Taiwan Policy Act of 

5 2m3". 
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2 

SEC. 2. FINDINGS. 

2 Congress finds the follmving: 

3 (l) The Taiwan Relations Act (Public Law 96-

4 8; 22 U.S.C. ;3;301 et seq.), enacted in 1979, has 

5 continued for 34 years to be the cornerstone of 

6 Cnited States-'L'aivvan relations and has served as 

7 an anchor for peace and security in the \Yestern Pa8 cifie region. 

9 (2) The Taiwan Relations Act, in furthering the 

10 natiOllal interests of the United States in the \Vest11 ern Pacific region, has mandated that the United 

12 States ~will rnake available to Taiwan such defense 

13 articles and defense services in such quantity as may 

14 be necessary to enable Taiwan to mailltail1 a suffi15 cient self-defense capability, thus allmving the people 

16 of Taiwan to pretierve a peaeeful, demoeratie, and 

17 prosperous way of life. 

18 (8) The future of Taiwan mutit he determined 

19 in a peaceful manner and \v'ith the assent of the peo20 pIe of Taiwan. 

21 (4) The Taiwan Relations Act declares that22 (A) peace and stability in the \Yestern Pa23 cific area are in the political, security, and eco24 nomic interests of the United States, and are 

25 matters of international concern; 
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

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(B) the United States decision to establish 

diplomatie relationt'> vvith the People't'> Repuhlie 

of China rests upon the ex'])ectation that the future of Taiwan will he determined by peaeefnl 

means; 

(C) the United States consider"s allY effort 

to determine the future of Taiwan by other 

than peaceful means, iueluding by boycotts or 

embargoes, a threat to the peace and security 

of the 'Western Pacific area and of grave COtlcern to the United States; 

(D) the United States will maintain the capacity to resist any resort to force or other 

forms of coercion that would jeopardize the security, or the social or economic system, of the 

people on Taiwan; and 

(E) the preservation a11d ell hall cement of 

the human rights of all the people on Taiwan 

arc reaffirmed as oQiectiVC's of the United 

20 States. 

21 (5) T 11 recent years U nitee! Statcs-Taiwa11 reI [l22 tions have suffered from inattention and lack of 

23 t'>trategie \'it'>ion, thereby requiring' the Congret'>t'> to 

24 both clarify United States policy toward Taiwan and 
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4 

1 enhance its oversight role m the implementation of 

2 the Taiwan Relation~ Ad. 

3 (6) In its China :\filitary Power Report for 

4 2012, Taiwan'~ lVIini~try of Kational Defem;e 

5 (lVIND) estimated that more than 1,600 ballistic and 

6 cruise missiles are now being aimed at Taiwan by 

7 the Second A.rtillery COlVS of the People's Republic 

8 of China and other experts suggest that this Humber 

9 could increase to 1,800 in the ncar future. 

10 (7) The atlti-secession law, passed by the NaIl tional People's Congress of the People's Hepublic of 

12 China, was found by House Concurrent Resolution 

13 98, passed in the House of Heprcsentatives on 

14 lVIarch 16, 2005, by a vote of 424-4, "to create a 

15 legal framework for possible usc of force against 

16 Taivmn" and "to provide a legal justification for the 

17 usc of force against Taiwan, altering the status quo 

18 in the region, and thus is of grave concern to the 

19 rnited States.". 

20 (8) The legislative requirement to make avail21 able defense articles and defellse services should in22 elude the provlsion of new F-16 CID aircraft and 

23 upgrade~ of existing F -1 G AlB aireraft e~sential to 

24 Taiwan's security. 
6


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;) 

1 (9) The 2012 Department of Defense~s ~Annual 

2 Report to CongTe~s on Military and Seeurity Devel3 opments Involving the People's Republic of China 

4 noted that "preparing for (~ontingeneiet-l in the Tai5 wan Strait remains the principal focus and driver of 

6 much of China's military illvestment. In this context, 

7 over the past year, the [People's Liberation I\.rmyJ 

8 continued to build the capabilities aud develop the 

9 doctrine it considers necessary to deter Taiwan from 

10 declaring independence; to deter, delay, aud deuy ef11 fective U. S. intervention in a potential cross-Strait 

12 conflict; and to defeat Taiwan forces in the event of 

13 hostilities.". 

14 (10) The language contained in the Joint 

15 Communique of the United States of ~A:merica and 

16 the People's Republic of China, dated Augnst 17, 

17 1982, which states ill part that "arms sales to Tai18 wan 1'Voill not exceed, either in qualitative or in quan19 titative terms, the level of those supplied in reeellt 

20 years" shall not, to any degree, diminish the respon21 sibility of the United States, as legislatively man22 dated in the Taiwan Relations Act, to "make avail23 able to Taiwan ~U(~h defense arti('le~ and (lefen~e 

24 services in such quantity as may be necessary to en-
7


80550a-6.eps

6 

1 able Taiwan to maintain a sufficient self-defense ca2 pahility.". 

3 (11) The United States has sought diplomati4 (:ally to preHerve Taivvan't; international Hpa(:e, deS spite outside pressure and coercion, and has sought 

6 to secure Taiwan's meaningful participatioll in such 

7 international organizations as the 'World Health 01'-

8 gaIll:.mtion ("''RO). 

9 (12) Given the critical importance of airport scI 0 cur-it} ill a post-September 11th international ellvi11 ronment, the United States recogTllzes it is crucial 

12 for Taiwan to be admitted to meaningful participa13 tion in the International Civil Aviation Organization 

14 (ICAO) so that Taiwan may contribute to the suc15 cess of a global strategy to address aviation security 

16 threats based on effedive international cooperation. 

17 (1:3) Recogni~i11g that the Taiwall Relations Act 

18 stated that it is the policy of the United States "to 

19 preserve and promote extensive, close, and friendly 

20 eommercial, cultural, and other relations between 

21 the people of the rnited States and the people on 

22 Taiwan" the Secretary of Homeland Security an23 nou1H:ed on Oetoher 2, 2012, "the deHignation of 

24 Taiwan into the Visa 'Waiver Program CV\VP)" .vith 
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1 eligible Taiwan passport holders able to travel on the 

2 v~v"T beginning' Novemher 1, 2012. 

3 (14) The conclusion of the Economic Coopera4 tion Framework Agreement (ECFA) hetween Tai5 wan and the People's Republic of China in June 

6 2010 or the adoption of allY other cross-Strait eco7 nomic measures shall not diminish in any degree the 

8 requirement contained in the Act to "maintain the 

9 capacity of the United States to resist any resort to 

10 force 01' other forms of coercion that would jeop11 ardize the security, or the social or economic system, 

12 of the people OIl Tai·vVan.". 

13 (15) The theory recently put forward in certain 

14 academic circles that the L luted States should ac15 quiesce to China's ascendancy in Asia and put aside 

16 the commitments made in the Taiwan Relations Act 

17 is based upon a false prernisc that ignores the exam18 ple of a democratic Taiwan, the historic ties of 

19 friendship of the peoples of the United States and 

20 Taiwan, and the determination of the United States 

21 to remain as a Pacific power. 

22 (16) Total United States-Taiwan trade in 2011 

23 waH $67,200,000,000 and Taiwan wa~ the 10th 

24 largest L luted States trading partner and the 6th 
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8 

1 largest market for United States agric~ultural ex2 ports. 

3 (17) It is in the econOlmc interests of the 

4 rnited States and the national se(~urity interests of 

5 Taiwan for the peoples of the United States and 

6 Taiwan to further strengthen and revitalize their 

7 trade and investment ties, inc1uding through an ex8 patlded Trans-Pacific Partnership (TPP) Agreement 

9 or similar mechanism. 

10 SEC. 3. RULE OF CONSTRUCTION. 

11 ~ othing' in this ~Act shall be construed to amend or 

12 supersede the Taiwan Relations Act. 

13 TITLE I-POLITICAL RELATIONS 

14 SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN. 

15 The following shall be the policies of the U Tuted 

16 States: 

17 (1) Supporting Taiwall, Taiwall's democracy, 

18 and the human rights of its people. 

19 (2) As lloted ill the Taiw~lll RelatiOlls Act, "the 

20 absence of diplomatic relations or recognition shall 

21 not affcet the applicatioll of the laws of the Ullited 

22 States ,,'1th respect to Taiwan, and the laws of the 

23 rnited States shall apply,v'1th respeet to Taiwan in 

24 the manner that the laws of the United States ap-
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9 

1 plied vvith respect to Taiwan pnor to .Tanuary 1, 

2 1978.". 

3 (8) The l~nited States Government shall respect 

4 the right of the Taipei E(~onomie and Cultural Rep5 resentative Office (TECRO) to display its flag on its 

6 premises and the American Institute in Taiwan 

7 UUT) and the residence of its Director in Taipei 

8 shall, correspondiugly, publicly display the United 

9 States flag in the same manner as United States 

10 embassies, consulates, and official residences 

11 throughout the world. 

12 (4) The Taipei Economic and Cultural Rep13 resentative Office and all other instrumentalities es14 tablished by Taiwan, including the Twin Oaks Es15 tate, may conduct official business activities, includ16 iug activities which involve participation by Members 

17 of the Ul1ited States Congress and other represel1ta18 tives of the Federal, State, and local governments, 

19 ~vvithollt any impedimel1t from the United States 

20 Government or any foreign power. 

21 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

22 (a) FINDl~GS.-OollgTess finds the follmving: 

23 (1) Visits by United States eabinet offi(~ials and 

24 other high-ranking visitors are an indicator of the 
11


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10 

1 breadth and depth of ties between the United States 

2 and Taiwan. 

3 (2) In December 1992, United States Trade 

4 Representative Carla Hills visited Taiwan, marking 

5 the first cabinet-level visit since 1979. 

6 (3) Over the next 8 years the Administrator of 

7 the Small Business Administration, the Secretary of 

8 Energy, and 2 Secretaries of Transportation visited 

9 Taiwan. 

10 No United States cabinet secretary has vis11 ited Taiwan since ,July 2000. 

12 (5) In March 2008, candidate Barack Obama 

13 vvrotc in a mcssagc congTatnlating lYia Ying-jeou on 

14 his election victory that "[tJhe U.S. should reopen 

15 blocked channels of communication vvith Taiwan of16 ficials", however no Cabinet-level visits to Taiwan 

17 havc yct takcn plaee. 

18 (b) POLICY OF THE UNITED STATES.-It shall be the 

19 poliey of thc Unitcd States to Cl1courage visits by cabil1ct20 level officials between the United States and Taiwan to 

21 foster commereial, technological, al1d peoplc-to-people ex22 changes. 
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SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

2 TAIWAN. 

3 ::.r otwithstanding' the 1994 Taiwan policy review and 

4 current mandatory guidance from the Department of 

5 State regarding contacts "vith Taiwan, it shall be the pol6 icy of the Cnited States to7 (1) permit senior leaders of Taiwan to enter the 

8 l~nited States under conditi011S which demonstrate 

9 appropriate courtesy and respect for the dignity of 

10 such leaders; 

11 (2) permit meetings between high-level Tai12 wanese ami Ullited States officials in all Ullited 

13 States executive departments; 

14 (:3) allow official trawl to Taiwan for Depart15 ment of State and Department of Defense personnel 

16 above the rank of offi(:e dire(~t()r or, for uniformed 

17 military personnel, above the level of 06 (Colonel, 

18 ::.ravy Captain); and 

19 (4) support a decision by Taiwan to change the 

20 name of the Taipei E('onomi(~ and Cultural Rep21 resentative Office to that of the Taiwan Representa22 tive Office. 
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SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

2 AN INDIVIDUAL APPOINTED TO SERVE AS 

3 THE DIRECTOR OF THE AMERICAN INSTI4 TUTE IN TAIWAN. 

5 (a) IN GEI'\ER~u.-Kotvvithstandil1g any other provi6 sion of law, the President shall appoint, by and vV1th the 

7 advice and consent of the Senate, an individual to serve 

8 as the Director of the American Institute in Taiwan. 

9 (b) THA_I\lSl'l'lON.-The individual serving as the Di10 rector of the American Institute in Taiwan as of the date 

11 of the enactment of this Act may continue to serve in such 

12 capacity until such time as all indiv'idl1al is appointed and 

13 confirmed in accordance with subsection (a). 

14 SEC. 105. EXTRADITION AGREEMENT. 

15 (a) IN GENEltAL.-It shall be the policy of the United 

16 Stateti to enlian<'e jlldieial eooperation with Taiwan, (~ur17 rently conducted on the basis of the 2002 Agreement on 

18 Mutual Legal Atitiititanee in Criminal Matterti, 

19 a comprehensive extradition agreement. 

20 (b) REPORT.-~()t later than 180 dayti after the date 

21 of enactment of this Act, the President shall transmit to 

22 Congress a report that assesses whether a comprehensive 

23 extradition agreement between the United States and Tai24 wan may be submitted to the Senate for adviee and eOIl25 sent as a treaty or whether, because of Taiwan's unique 

26 fitatus, suell agreement must he submitted to both the 
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13 

1 House of Representatives and Senate for legislative ap2 proval. 

3 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

4 GUIDELINES IN CONDUCTING UNITED 

5 STATES-TAIWAN RELATIONS. 

6 :\fotwithstaIlding any communiques entered into be7 tween the rnited States and the People's Republic of 

8 Chilla, the United States contiuues to assent to the six 

9 assurances provided to Taiwan in .Tuly, 1982, including 

10 that the United States11 (1) has not agTeed to set a date for ending 

12 arms sales to Taivv'an; 

13 (2) has not agreed to hold prior consultations 

14 vvith the People's Republic of China on arms sales 

15 to Taiwan; 

16 (3) will not play any mediation role between 

17 Taipei and Beijing; 

18 ( 4) has not agreed to reVIse the Taiwan Rela19 tions Act; 

20 (5) has not altered its position regarding sov21 ereignty over Taiwan; and 

22 (6) ~will not exert pressure on Taiwan to nego23 tiute with the People'f; Republie of China. 
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SEC. 107. INTERNATIONAL ORGANIZATIONS. 

2 (a) A~KUATj PROGRAM.-To prm~de 'l'aiI'Fml vvith the 

3 intematio[Jal space it requires to function effectively ill the 

4 world community, the Secretary of State shall direct the 

5 Department of State to continue its annual progTam to 

6 ensure meaningful participation by Taiwan in the World 

7 Health Assembly in Geneva, Switzerland, as well as mean8 ingfnl partieipation for Taiwan in other relevant inter9 national organizations, such as the International Civil 

10 Aviation Organi7.ation (leAO). 

11 ME1U,\lNGFUL PM~'l'lCIPNrlOK ByTAIWM.,J.-The 

12 Secretary of State shall direct the Ul1ited States Perma13 nent Representative to the United Nations to use the 

14 voiee, vote, ami int1uellee of the United States at the 

15 United ~ations to ensure meaningful participation for 

16 Taiwan in relevant rnited Nations Entities in vvhieh Tai17 wan has e:Arpressed an interest in participating. 

18 SEC. 108. REPORT ON TAIWAN'S PARTICIPATION IN ICAO. 

19 (a) IN GEKEE~i\,L.-The Secretary of State shall ini20 tiate a United States plan to pndorse amI ohtain meaning21 ful participation for 'Taiwan at the periodic Assemblies 

22 held by the International Civil Aviation OrgalliL;ation 

23 (lCAO) in Montreal, Canada, including the 88th Assembly 

24 to be held in September-Odober 2013, and in the meet25 ings and activities of the IGAO and shall instruct the 
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1 United States delegation to Montreal to implement such 

2 plan. 

3 (b) REPORT.-::\fot later than 180 days after the date 

4 of the enad.rmmt of thit-; Ad and annually thereafter, the 

5 Secretary of State shall submit to Congress a report con6 tailling the plan required under subsection 

7 (c) FORYI.-The report required under subsection (b) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 (dl A",""TI\TU~'li- BRIEFnG.-The Secretary of State 

11 should provide an annual briefing to or COUSttlt ~with Cou12 gress 011 any efforts conducted by the L uited States Gov13 ernment in support of Taiwan's progress toward meaning14 ful participation in the IGAO. 

15 TITLE II-SECURITY RELATIONS 

16 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

17 (a) MATNTRNAKCR OF SUFFTCTRNT SRTJF-DRFRNSR 

18 CAPM3ILITIES OF TAIW","ili.-CongTess finds that any de19 terrnination of the nature and qml1ltity of defense articles 

20 or defense services to be made available to Tai"wan that 

21 is made 011 any basis other than the defense needs of Tai22 wan, ,,,hether pursuant to the AUg'llSt 17, 1982, 

23 Communique ~ig1led with the People't-; Republie of China, 

24 or any similar executive agreement, order, or policy would 
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1 ,riolate the intent of Congress specified in section 3 (b) of 

2 the Taiwan Relatiollfi A(~t (22 U.S.C. ;i302(1))). 

3 (b) FOREIGN MILITIlliY SALES Al'lD LICENSED DE4 PENSE EXPORTS UNDER THE ARMS EA'PORT COKTROL 

5 ACT.-Congress finds that, in accordance Ivith the Taiwan 

6 Relations Act, the core purpose of foreign military sales 

7 and licensed commercial e~1lorts under the Arms EA'J)ort 

8 Coutrol Act should be to assist Taiwan iu its ability to9 (1) deter coercion; 

10 (2) defend against a strategy of coercive diplo11 macy emplojring threats or limited force; 

12 (3) repel an itlvasioll; and 

13 (4) partner V'lrith civril responders and friendly 

14 foreign militaries. 

15 (c) DEFENSE TRLNSFERS.-ln order to accomplish 

16 the purposes of this section, the President is authorized 

17 to make available to Taiwan defense articles or defense 

18 services, including the follmving: 

19 

20 

21 

22 

23 

24 

(1) Air and air defense capabilities, incll1ding-

(A) low-cost, sUlVrivable sensors; 

(E) command alld c011troi systems; 

(C) modern surface to air missiles; 

(D) upgradefi to exifiting modern (~omhat 

aircraft as well as new combat aircraft, includ-
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

17 

mg Vertical and Short Take-Off and Landing 

~Ain:raft (V/STOL); 

(E) radar, electronic warfare, and jamming 

eapabilitieli; 

(F) passive defense measures (such as reduudancy, dispersal, camouflage/deception, 

hardening, and rapid repair capabilities); and 

(0) access to satellites for remote sensing 

and communication, 

(2) Maritime capabilities, includiug-

(A) additional sensor capacity for comprehensive maritime domain awar'elless; 

(B) cost-effective submarines for anti -surface, anti-submarine warfare, and other missions; 

(e) Hunes and mme countermeasure vesami 

(D) anti-ship cruise missiles. 

(:3) (Jrol1nd capabilities, incll1ding-

(A) layers, short-range air defense; 

(B) critical infrastructure protection to ensure continuity of government; 

(e) air mobility; 

(D) unmanned air vehicles; and 
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1 

2 

3 

18 

(E) accurate, GPS-guided short-range 

rO(~ketM. 

(4) Capacity for partnership with friendly for4 eign rnilitarie~, ineluding5 (A) command, control, communications, 

6 computers, intellig'ence, surveillance, and reCOIl7 naissance situational awareness systems; 

8 (B) enhanced doctrine exchange; and 

9 (C) enhanced senior-level training. 

10 (ell RL"LE OF CO~STRUCTION RELATING TO ARMS 

11 EXPORT CONTROL ACT.-Kothing in this section shall be 

12 construed to supersede or modify section 36 of the Arms 

13 EA'Port Control Act (22 U.S.C. 277f:i). 

14 SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN. 

15 (a) STATEMENT OF POLICy.-Notwithstanding the 

16 upgrade of Taivvan's F-16 AlB aircraft, Taiwan will eA'Pe17 rience a gTovying shortfall in fighter aircraft, particularly 

18 as its F-5 aircraft are retired from service. 

19 (b) AUTHORITY To ACCEPT TjETTRR OF REQUEST.-

20 Pursuant to the foreign military sales program authorized 

21 by the Arms Export Control Act, the President is author22 ized to accept a letter of request from Taiwan for price 

23 ami availability data or for 11 formal Malt~M offer ,yith re24 sped to the F -16C/D Fighting Falcon multirole fighter 

25 air<~raft or other ain:raft of ~imilar eapability, aM may be 
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1 necessary to enable Taiwan to maintain a sufficient self2 defense eapahility. 

3 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

4 BRIEFINGS.-Not later than 90 days after the 

5 date of the enactment of this Act and at least annually 

6 thereafter, the Secretary of State, in consultation with the 

7 Secretary of Defense, shall provide detailed briefings to 

8 COllgress OIl9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) any discussions conducted between any executive branch agency and the Government of Taiwan during a covered period; and 

(2) any potential transfer to the Government of 

Taiwan of defense articles or defense services. 

(b) DEFINl'l'lONS.-In this section and section 201: 

(1) CmTERED PERIOD.-The term "covered period" means, vvith respect to--

(A) the initial briefing required under subsection the period beginning on the date of 

the enactmellt of this Act and ending 011 the 

date of such initial briefing; and 

(B) subsequellt briefillgs required under 

such subsection, the period beginning on the 

day after the date of the most re(~ent briefing 

and ending on the date of any such subsequent 

briefing. 
21


80550a-20.eps

20 

1 (2) EXECUTIVE nH~iliCII AGENCy.-The term 

2 "exe(~utive hrandl agen('y" haN the meaning gwen 

3 the term "agency" in section 551(1) of title 5, 

4 rnited StateN Code. 

5 (8) DEFE)JSE ~lliTICLE.-The term "defense ar6 tide" has the meaning given such term in section 47 

7 of the Arms E:~q)ort Control Act (22 U.S.C. 2794). 

8 (4) DEFEKSE SERVICE.-The teI111 "defense 

9 service" has the meaning given such term in section 

10 47 of the Anns Export Control Act (22 U.S.C. 

11 27~)4). 

12 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

13 TAIWAN. 

14 (a) Il\ GrJ~gl:~AL.-Not later than 180 days after the 

15 date of the enactment of this Act and annually thereafter, 

16 the President shall transmit to CongTess a report17 (1) detailillg each of Taiwan's requests for pur18 chase of defense articles and defense services during 

19 the immediately precedillg one-year period, whether 

20 submitted through a letter of request (LOR) or con21 veyed by other authoritative means, except that the 

22 first report under this section shall cover the period 

23 200() through 2011; 

24 (2) describing the defense needs asserted by 

25 Taiwan aN jUNtifimttion for N1wh re(lueNtN; 
22


80550a-21.eps

21 

1 (:3) describing the decisionmaking process used 

2 to rejed, pot'itpone, or modify any 81Wh re(ple8t, in3 c1uding4 (A) with re8pe(~t to 8igl1ifieant military 

5 equipment, the country team assessment and 

6 recommendation as to whether the United 

7 States should sell such equipment; and 

8 (B) for each request, the elapse of time be9 tween the submission of such request and the 

10 completion of the interagency review process by 

11 the Cnited States; and 

12 (4) detailing those defense articles and defense 

13 services listed in the _ATms Sale Proposal described 

14 in section 25 of the ATms Export Control Act (22 

15 C.S.C. 27(5), including a description of the ration16 ale for including or not including in such Proposal, 

17 as the case may be, all sales and licensed exports to 

18 Taiwan under such Act of major weapons or weap19 Olls-related defense equipment for $7,OOO,()()O or 

20 more, and the e~·tent to which a decision to not in21 elude in such Proposal snch sales to Taiwan is con22 sistent ~with such section. 

23 (b) FORlVI.-The report required under 8ubt'>eetion (a) 

24 shall be submitted in unclassified form, but may contain 

25 a dat'>8ified annex if lW('e88ary. 
23


80550a-22.eps

22 

SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELA2 TIONSACT. 

3 (a) IK GE~ERliL.-Not later than 180 days after the 

4 date of the enactment of this Act, the President shall subS mit to CongTess a report on implementation of United 

6 States security policy under the Taiwan Helations ~\ct. 

7 (b) l\iA'r'l'EHS To BE INCLUDED.-The report re8 quired under subsection (a) shall include, at a minimum, 

9 the follO\;v~ng: 

10 (1) A re\riew of the operational planning, policy 

11 reVIews, and other preparations of the United States 

12 since 2000 to implement secti011 2 (b)( G) and S11 b13 sections (a), (b), and (c) of section 3 of the Taiwan 

14 Rei ations Act, including' the extent to which the 

15 rnited States retains the capacity to resist any re16 sort to fon:e or other forms of eoereion that vyould 

17 jeopardize the security, or the social or economic 

18 system, of the people of Taiwan. Sneh review shall 

19 take into account whether Taiwan's air and air de20 fense forees retain the ahility to effe(~tivdy defend 

21 Taiwan against China's ballistic missile and air 

22 threats, cHId the extent to which the absence of cred23 ible Taiwanese air defense forces may complicate the 

24 ability of the r nited States to resist allY resort to 

25 force that jeopardizes the security of Taiwan. 
24


80550a-23.eps

23 

1 An evaluation of all gaps in relevant knmvl2 edge ahout the eapahilities and intentions of the 

3 People's Republic of China as such capabilities and 

4 intentions might affed the (:urrent amI future mili5 tary balance between Tai\van and China, such as 

6 anti-access and area denial capabilities as well as 

7 anti-satellite and space warfare developments, in8 duding both classified United States intellig'ence in9 formation and Chinese open source writing. 

10 (c) FOR-yr.-The report required under subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a elassified annex if necessary. 

13 SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY. 

14 (a) T&'Lcl\jSFl£R BY SAUL-The President is author15 ized to transfer the OLIVEH llAZ~\H.D Pl£HHY class 

16 guided missile frigates USS TAlDOR (FFG-50), USS 

17 GARY (FFG--51), USS CARR (FFG-52), and USS 

18 ELROD (FFG-55) to the Taipei Economic and Cultural 

19 Representative Office of the Ul1itcd States (which is the 

20 Taiwan instrumentality designated pursuant to section 

21 10(a) of the Taiwan Relations ;\ct (22 U.S.C. :3:309(a») 

22 on a sale basis under section 21 of the Arms E::qJort Con23 trol Ad (22 r.s.c. 27Gll. 

24 (b) COSTS 01:<' THA.i'\Sl<'l:<JHs.-~4.ny e::"1-)ense incurred by 

25 the Unite(l States in (~onnedi()n with 11 transfer authorized 
25


80550a-24.eps

24 

1 by this section shall be charged to the recipient notwith2 ::;tanding Heetion f516(e) of the Foreign AtiHititarwe Aet of 

3 1961 (22 l~.S.C. 2821j(e)). 

4 (e) REPAIR A~~D REFURBISHMENT IN UNITED 

5 STATES SHIPYARDS.-To the maximum e:x'tent prac6 ticable, the President shall require, as a condition of the 

7 transfer of a vessel under this section, that the recipient 

8 to which the vessel is transferred have such repair or re9 furbishment of the vessel as is needed, before the vessel 

10 joins the naval forces of that reeipient performed at a 

11 shipyard loeated in the United States, ineluding a United 

12 States ~ avy shipyard. 

13 (d) EXPIPWc~TION OF i\rTHORITY.-The authority to 

14 transfer a vessel under this seetion shall e:x-pire at the end 

15 of the 3-year period beginning on the date of the enact16 ment of this Act. 

17 TITLE III-ECONOMIC AND 

18 TRADE RELATIONS 

19 SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREE· 

20 ME NT. 

21 It is the sel1se of C011gress that, at the earliest oppor22 tunity, the United States Trade Representative should 

23 ::;eek to n~tmme and Hueee::;Nfully (~mwlude negotiationti of 

24 economie issues in the Trade and Investment Framevvork 

25 Agreement (TIF A) talkH 'with Taiwan. 
26


80550a-25.eps

25 

1 SEC. 302. FREE TRADE AGREEMENT. 

2 (a) IN ClFJNRRAh-It is the sense of C011gress that 

3 the ultimate goal of trade negotiations with Taiwan should 

4 be the negotiation of a free trade agreement ",ith Taiwan. 

5 As building blocks toward that goal, the United States 

6 should study the feasibility of negotiating \v1th Taiwan a 

7 bilateral8 (1) investrnent agTeemellt; ami 

9 (2) tax agreement. 

10 (b) HRPOR'l'.-::--Jot later than 180 days after the date 

11 of enactment of this Act, the President shall transmit to 

12 C011gress a report that assesses whether economic and 

13 trade agreements between the United States and Taiwan 

14 may be submitted to the Senate for advice and consent 

15 as a treaty or whether, because of Taiwan's unique status, 

16 Nueh agreementN rmu;t he Nuhmitted to both the RouNe of 

17 Representatives and Senate for legislative approval. 
27


80550b-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 419 

OFFERED BY MR. CHABOT OF OHIO 

Strike all after the enacting clause and insert the 

follovving: 

SECTION 1. SHORT TITLE. 

2 This Ac·t may be eited as the "Taiwal1 Polic'y Ad of 

3 2013". 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The Taiwan Relations Act (Public Tjaw 9()-

7 8; 22 U.S.C. 3301 et seq.), enacted in 1979, has 

8 (~ontinue(l for ;i4 years to he the (~ornerstone of 

9 L"nited States-Taiwan relations and has served as 

lOan anehor for peaee and seeurity in the Western PaII cific region. 

12 (2) The Taiwan Relations Ad, in furthering the 

13 national interests of the United States in the \Vest14 ern Pacific region, has mandated that the United 

15 States ~will make available to Taiwan such defense 

16 articles and defense services in such quantity as may 

17 be necessary to enable Taiwan to maintain a suffi18 cient self-defense capability, thus allowing the people 
28


80550b-2.eps

2 

1 of Taiwan to preserve a peaceful, democratic, and 

2 prm:;perout; way of life. 

3 (:3) The future of Taiwan must be determined 

4 in a peaeeful manner and with the at:;t;ent of the peo5 pIe of Taiwan. 

6 (4) The Taiwan Relations Act declares that7 (A) peace and stability in the 'Vestern Pa8 cific area are in the political, security, and eco9 nomic interests of the United States, and are 

10 matters of international concern; 

11 (B) the United States decision to establish 

12 diplomatic relations with the People's Republic 

13 of China rests upon the eA'j)ectation that the fu14 ture of Taiwan will be determined by peaceful 

15 means; 

16 (C) the United States considers any effort 

17 to determine the future of Taiwan by other 

18 than peaceful means, including by boycotts or 

19 embargoes, a threat to the peace and security 

20 of the 'Vestern Pacific area and of grave con21 cern to the United States; 

22 (D) the United States ~will maintain the ca23 p(H~ity to ret;it;t any ret;ort to foree or other 

24 forms of coercion that would jeopardize the se-
29


80550b-3.eps

1 

2 

3 

4 

5 

curity, or the social or economic system, of the 

people on Taiwan; and 

(E) the preservation and enhancement of 

the human rightt; of all the people on Taiwan 

are reaffirmed as objectives of the United 

6 States. 

7 (5) In recent years United States-Taiwan rela8 tions have suffered from inattention and lack of 

9 strategic vision, thereby requiring the Congress to 

10 both clarify United States policy toward Taiwan and 

11 enhance its oversight role in the implementation of 

12 the Taiwan Relations Act. 

13 (6) In its China ~VIilitary Power Heport for 

14 2012, Taiwan's Ministry of Kational Defense 

15 (lVIND) estimated that more than 1,600 ballistic and 

16 cruise missiles are now being aimed at Taiwan by 

17 the Secolld Artillery Cml)S of the People's Republic 

18 of China and other eA'})erts suggest that this number 

19 could illcrease to 1,800 ill the llear future. 

20 (7) The anti-secession law, passed by the Na21 tiollal People's Cmlgress of the People's Republic of 

22 China, was found by House Concurrent Resolution 

23 98, pat;Ned in the Hout;e of RepreNentativeN on 

24 March 16, 2005, by a vote of 424-4, "to create a 

25 legal framework for pONNible UNe of foree againNt 
30


80550b-4.eps

4 

1 Taiwan" and "to provide a legal justification for the 

2 use of foree against Taiwan, altering the status quo 

3 in the region, and thus is of grave concern to the 

4 rnited States.". 

5 (8) The legislative requirement to make avail6 able defense articles and defense services should in7 elude the prov~sion of new F-IG C/D aircraft and 

8 upgrades of existing F -1 G AlB aircraft essential to 

9 Taiwan's security. 

10 (9) The 2012 Department of Defense's Annual 

11 H,eport to CongTess on Military and Security Devel12 opments Involving the People's Republic of China 

13 noted that "preparing for contingencies in the Tai14 wan Strait remains the principal focus and driver of 

15 much of China's military investment. In this context, 

16 over the past year, the [People's Liberation Army] 

17 continued to build the capabilities and develop the 

18 doctrine it considers necessary to deter Taiwan from 

19 declaring indepel1dence; to deter, delay, and deny ef20 fective U.S. intervention in a potential cross-Strait 

21 cont1ict; and to defeat Taiwan forces in the event of 

22 hostilities.". 

23 (10) The language eontained in the ,Toint 

24 Communique of the United States of America and 

25 the People's Republie of China, dated August 17, 
31


80550b-5.eps

5 

1 1982, which states in part that "arms sales to Tai2 wan will not exeeed, either in qualitative or in quan3 titative terms, the level of those supplied in recent 

4 yeart-;" t-;hall not, to any degTee, diminit;h the ret-;pon5 sibility of the United States, as legislatively man6 dated in the Taiwan Relations Act, to "make avail7 able to Taiwan such defense articles and defense 

8 services in such quantity as may be necessary to en9 able Taiwan to maintain a sufficient self-defense ca10 pability.". 

11 (11) The United States has sought diplomati12 cally to preserve Taiwan's international space, de13 spite outside pressure and coercion, and has sought 

14 to secure Taiwan's meaningful participation in such 

15 international organizations as the World Health Or16 ganization (\VRO). 

17 (12) (liven the critical importm1ce of airport se18 curity in a post-September 11th international envi19 ronment, the United States recog11izes it is crucial 

20 for Taiwan to be admitted to meaningful participa21 tion in the Tn tern ati 011 al Ci'lil Aviati011 Organization 

22 (ICAO) so that Taiwan may contribute to the suc23 (~et;t; of a global t;trategy to addret;t; aviation t;eeurity 

24 threats based on effective international cooperation. 
32


80550b-6.eps

6 

1 (13) Recognizing that the Taiwan Relations Act 

2 statea that it is the poliey of the United States "to 

3 preserve and promote extensive, close, and friendly 

4 (~ommen~ial, (~ultural, and other relations between 

5 the people of the l~nited States and the people on 

6 Taiwan" the Secretary of Homeland Security an7 nounced on October 2, 2012, "the designation of 

8 Taiwan into the Visa 'Waiver Program (VWP)" with 

9 eligible Taiwan passport holders able to travel on the 

10 "",,VP beginning' November 1, 2012. 

11 (14) The conclusion of the Economic Coopera12 tion Framework Agreement (ECFA) between Tai13 wan and the People's Hepublic of China in ,June 

14 2010 or the adoption of any other cross-Strait eco15 nomic measures shall not diminish in any degree the 

16 requirement contained in the Act to "maintain the 

17 capacity of the United States to resist any resort to 

18 force or other forms of coercion that would jeop19 ardi7.e the security, or the social or economic system, 

20 of the people on Taiwan.". 

21 (15) The theory recently put forward m certain 

22 academic circles that the L nited States should ac23 quiesee to China's as(~endaIwy in Asia aml put aside 

24 the commitments made in the Taiwan Relations Act 

25 is based upon a false premise that ignores the exam-
33


80550b-7.eps

7 

1 pIe of a democratic Taiwan, the historic ties of 

2 friendship of the peoples of the United States and 

3 Taiwan, and the determination of the United States 

4 to remain as a Pa(:ifie power. 

5 (16) Total United States-Taiwan trade in 2012 

6 was $63,200,000,000 and Taiwan was the 11th 

7 largest l~ nited States trading partner and the 7th 

8 largest market for United States agricultural ex9 ports. 

10 (17) It is in the econOIIllC interests of the 

11 Cnited States and the national security interests of 

12 Taiwan for the peoples of the United States and 

13 Taiwan to further strengthen and revitalize their 

14 trade and investment ties, including through an ex15 panded Trans-Pacific Partnership (TPP) Agreement 

16 or similar mechanism. 

17 SEC. 3. RULE OF CONSTRUCTION. 

18 :\f oUung in this Act shall be construed to amend or 

19 supersede the Taiwal1 RelatiOlls Act. 

20 TITLE I-POLITICAL RELATIONS 

21 SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN. 

22 The follmving shall be the policies of the U luted 

23 States: 

24 (1) Supporting Taiwan, Taiwan's democracy, 

25 and the human rights of its people. 
34


80550b-8.eps

8 

1 (2) As noted in the Taiwan Relations Act, "the 

2 abRen(~e of diplomatie relationR or re(~ognition Rhall 

3 not affect the application of the laws of the United 

4 StateR vvith reRped to Taiwan, and the lawR of the 

5 l~nited States shall apply vvith respect to Taiwan in 

6 the manner that the laws of the United States ap7 plied with respect to Taiwan prior to January 1, 

8 1979.". 

9 (:3) The C nited States Government shall respect 

10 the right of the Taipei Economic and Cultural Rep11 resentative Office (TEGRO) to display its flag on its 

12 premises and the American Institute in Taiwan 

13 CA1T) and the residence of its Director in Taipei 

14 shall, correspondingly, publicly display the United 

15 States flag in the same manner as United States 

16 embassies, consulates, and official residences 

17 throughout the world. 

18 (4) The Taipei Economic and Cultural Rep19 resentative Office and all other instrumentalities es20 tablished by Taiwan, including the Twin Oaks Es21 tate, may conduct official business activities, includ22 ing activities which involve participation by Members 

23 of the United StateR Congret-;R and other repreRenta24 tives of the Federal, State, and local governments, 
35


80550b-9.eps

9 

1 without any impediment from the United States 

2 Government or any foreign power. 

3 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

4 (a) FINDI~Gs.-CongTess finds the follovving: 

5 (1) Visits by United States cabinet officials and 

6 other high-ranking visitors are an indicator of the 

7 breadth and depth of ties between the United States 

8 alld Taiwan. 

9 (2) In December 1992, United States Trade 

10 Represelltative Carla Hills visited Taiwan, markillg 

11 the first cabinet-level visit since 1979. 

12 (3) Over the llext 8 years the Administrator of 

13 the Small Business Administration, the Secretary of 

14 Energy, and 2 Secretaries of Transportation visited 

15 Taiwan. 

16 (4) There have been no Cabinet level visits to 

17 Taiwan since 2000. 

18 (b) POLICY OF THE UNITED STATES.-It shall be the 

19 policy of the United States to encourage visits by cabinet20 level officials between the United States and Taiwan to 

21 foster commercial, tec\lllological, and people-to-people ex22 changes. 
36


80550b-10.eps

10 

SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

2 TAIWAN. 

3 :\f otwithstanding the 1994 Taiwan policy review and 

4 current mandatory guidance from the Department of 

5 State regarding contacts vvith Taiwan, it shall be the pol6 icy of the Cnited States to7 (1) permit senior leaders of Taiwan to enter the 

8 l~nited States under conditiOllS which demonstrate 

9 appropriate courtesy and respect for the dignity of 

10 such leaders; 

11 (2) permit meetings between high-level Tai12 WalleSe amI Ullited States officials in all United 

13 States executive departments; 

14 (:3) allow official travel to Taiwan for Depart15 ment of State and Department of Defense personnel 

16 above the rank of offi(:e (liredor or, for muforrned 

17 military personnel, above the level of 06 (Colonel, 

18 :\favy Captain); and 

19 (4) support a decision by Taiwan to change the 

20 name of the Taipei E(~onorni(~ and Cultural Rep21 resentative Office to that of the Taiwan Representa22 tive Office. 
37


80550b-11.eps

11 

SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

2 AN INDIVIDUAL APPOINTED TO SERVE AS 

3 THE DIRECTOR OF THE AMERICAN INSTI4 TUTE IN TAIWAN. 

5 (a) IN Gl£J'\l£RAL.-Kotvvithstanding any other provi6 sion of law, the President shall appoint, by and vvith the 

7 advice and consent of the Senate, an individual to serve 

8 as the Director of the American Institute in Taiwan. 

9 (b) THANSl'l'lON.-The individual serving as the Di10 rector of the American Institute in Taiwan as of the date 

11 of the enactment of this Act may continue to serve in such 

12 capacity until such time as all indiv-idual is appointed and 

13 confirmed in accordance with subsection (a). 

14 SEC. 105. EXTRADITION AGREEMENT. 

15 (a) IN GENEItAL.-It shall be the policy of the United 

16 Stateti to enhan(~e judieial eooperation with Taiwan, (~ur17 rently conducted on the basis of the 2002 Agreement on 

18 Mutual Legal Atitiititanee in Criminal Matterti, hy tiigning 

19 a comprehensive extradition agreement. 

20 (b) REPORT.-~ot later than 180 dayti after the date 

21 of enactment of this Act, the President shall transmit to 

22 Congress a report that assesses whether a comprehensive 

23 extradition agreement between the United States and Tai24 wan may be submitted to the Senate for advice and con25 sent as a treaty or whether, because of Taiwan's unique 

26 status, sueh agreement must he submitted to both the 
38


80550b-12.eps

12 

1 House of Representatives and Senate for legislative ap2 proval. 

3 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

4 

5 

GUIDELINES IN CONDUCTING UNITED 

STATES-TAIWAN RELATIONS. 

6 :\fotwithstanding any communiques entered into be7 tween the l~nited States and the People's Republic of 

8 Chilla, the United States continues to assent to the six 

9 assurances provided to Taiwan in July, 1982, including 

10 that the United States11 (1) has not agTeed to set a date for ending 

12 arms sales to Taiwan; 

13 (2) has not agreed to hold prior consultations 

14 with the People's Republic of China on arms sales 

15 to Taiwan; 

16 (3) will not play any mediation role between 

17 Taipei and Beijing; 

18 ( 4) has not agreed to reVIse the Taiwan Rela19 tions Act; 

20 (5) has not altered its position regarding sov21 ereignty over Taiwan; and 

22 (6) ~will not exert pressure on Taiwan to nego23 tiate with the People'H Republie of China. 
39


80550b-13.eps

13 

SEC. 107. INTERNATIONAL ORGANIZATIONS. 

2 (a) A~KUATj PROGRAM.-To provide Taiwan with the 

3 international space it requires to function effectively in the 

4 world community, the Secretary of State shall direct the 

5 Department of State to continue its annual progl'am to 

6 ensure meaningful participation by Taiwan in the World 

7 Health Assembly in Geneva, Svvitzerland, as well as mean8 ingfnl participation for Taiwan in other relevant inter9 national organizations, such as the International Civil 

10 Aviatiml Organi7.ation (TCAO). 

11 (b) lVlB}AKINGFUL PAH'l'lCIPA'1'lOK BY TMwAN.-The 

12 Secretary of State shall direct the Ullited States Perma13 nent Representative to the United Nations to use the 

14 voice, vote, ami int1nellce of the United States at the 

15 United ::-Jations to ensure meaningful participation for 

16 Taiwan in relevant r nited Nations Entities in whi(~h Tai17 wan has eArpressed an interest in participating. 

18 SEC. 108. REPORT ON TAIWAN'S PARTICIPATION IN ICAO. 

19 (a) IN GEKER~u.-The Secretary of State shall ini20 bate a United States plan to endorse Hn<l obtain meaning21 ful participation for Taiwan at the periodic Assemblies 

22 held by the International Civil Aviation Organi~ation 

23 (ICAO) in Montreal, Canada, including the 38th Assembly 

24 to be held in September-October 2013, and in the meet25 ings and activities of the ICAO and shall instruct the 
40


80550b-14.eps

14 

1 United States delegation to Montreal to implement such 

2 plan. 

3 (b) REPORT.-::\fot later than 180 days after the date 

4 of the ena(~tment of thit-; Ad and annually thereafter, the 

5 Secretary of State shall submit to Congress a report con6 taining the plan required under subsection (a). 

7 (c) FOKYI.-The report required under subsection (b) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 (dl ANNU~'li, BRIEFI.:--rG.-The Secretary of State 

11 should provide an annual briefing to or consult ~with Con12 gress 011 any efforts conducted by the L"nited States Gov13 ernment in support of Taiwan's progress toward meaning14 ful participation in the ICAO. 

15 TITLE II-SECURITY RELATIONS 

16 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

17 (a) MATNTRNAKCR OF SUFFICIENT SRIJF-DRFRNSR 

18 GAPM3ILITIES OF TAIW~ill.-Congress finds that any de19 termination of the l1ature al1d qUal1tity of defel1se articles 

20 or defense services to be made available to Taiwan that 

21 is made 011 any basis other than the defense needs of Tai22 wan, whether pursuant to the AUg'llst 17, 1982, 

23 Communique t-;ig1led vvith the People't-; Republie of China, 

24 or any similar executive agreement, order, or policy would 
41


80550b-15.eps

15 

1 violate the intent of Cong:ress specified in section 3(b) of 

2 the Taiwan Relationt; A(~t (22 U.S.C. ;i;i02(b)). 

3 (b) FOREIGN MILITARY SALES ~iliD LICENSED DE4 FENSE EXPORTS UNDER THE ARMS EXPORT COKTROL 

5 ACT.-Cong:ress finds that, in accordance vvith the Taiwan 

6 Relations Act, the core purpose of foreign military sales 

7 and licensed commercial eA1lorts under the Arms EA'Port 

8 Control Act should be to assist Taiwan in its ability to9 (1) deter coercion; 

10 (2) defend against a strategy of coercive diplo11 macy employing threats or limited force; 

12 (3) repel an invasion; and 

13 (4) partner vvith civil responders and friendly 

14 foreign militaries. 

15 (c) DEFENSE TRANSFERS.-In order to accomplish 

16 the purposes of this section, the President is authorized 

17 to make available to Taiwan defense articles or defellse 

18 se:rvices, including the follovving: 

19 

20 

21 

22 

23 

24 

(1) Air and air defense capabilities, including-

(A) low-cost, survivable sensors; 

(B) command allCl cOlltrol systems; 

(C) mode:rn surface to air missiles; 

(D) upgradet; to exit;ting modern (~omhat 

ai:rcraft as well as new combat aircraft, includ-
42


80550b-16.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

16 

mg Vertical and Short Take-Off and Landing 

_Ain~raft (V/STOL); 

(E) radar, electronic warfare, and jamming 

eapabilitieti; 

(F) passive defense measures (such as redUlldancy, dispersal, camouflage/deception, 

hardening, and rapid repair capabilities); and 

(G) access to satellites for remote sellsillg 

and communication. 

(2) Maritime capabilities, includillg-

(A) additional sensor capacity for comprehensive maritime domaill awarelless; 

(B) cost-effective submarines for anti -surface, anti-submarine warfare, and other missions; 

(C) Hunes and Hune countermeasure vessels; amI 

(D) anti-ship cruise missiles. 

(:3) Ch'ound capabilities, including-

(A) layers, short-range air defense; 

(B) critical infrastructure protection to ensure continuity of government; 

(C) air mobility; 

(D) unmanned air vehicles; and 
43


80550b-17.eps

1 

2 

17 

(E) accurate, GPS-guided short-range 

ro(~kett-;. 

3 (4) Capacity for partnership with friendly for4 eign militariet-;, ineluding5 (A) command, control, communications, 

6 computers, intelligence, surveillance, and recon7 naissance situational awareness systems; 

8 (B) enhanced doctrine exchange; and 

9 (C) enhanced senior-level training. 

10 (dl RULE OF CO.:--rSTRUCTION RELATING TO ARMS 

11 EXPORT CONTROL ACT.-1\othing in this section shall be 

12 construed to supersede or modify section 36 of the Arms 

13 E:x'})ort Control Act (22 U.S.C. 2776). 

14 SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN. 

15 (a) STATEMENT OF POLICy.-Notwithstanding the 

16 upgrade of Taiwan's F-16 AlB aircraft, Taiwan ~will e:x'})e17 rience a gTovving shortfall in fighter aircraft, particularly 

18 as its F -5 aircraft are retired from service. 

19 (b) AUTHOR.TTY To ACCFJPT TjFJTTRR. OF RFJQUFJST.-

20 Pursuant to the foreign military sales program authorized 

21 by the Arms Export Control Act, the President is author22 ized to accept a letter of request from Taiwan for price 

23 aml availability data or for a formal t-;alet-; offer ~with re24 spect to the F-16C/D Fighting Falcon multirole fighter 

25 aireraft or other ain~raft of t-;imilar eapability, at-; may be 
44


80550b-18.eps

18 

1 necessary to enable Taiwan to maintain a sufficient self2 defense eapahility. 

3 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

4 (a) BRIEFING8.-Not later than 90 days after the 

5 date of the enactment of this Act and at least annually 

6 thereafter, the Secretary of State, in consultation with the 

7 Secretary of Defense, shall provide detailed briefings to 

8 Congress on9 (1) any discussions conducted between any ex10 ecuti ve branch agency and the Government of Tai11 wan during a covered period; and 

12 (2) any potential transfer to the Government of 

13 Taiwan of defense articles or defense services, in14 eluding routine upgrades to or replacements of de15 fense articles previously transferred by the United 

16 States to the Government of Taiwan. 

17 (b) DEFTNT'I'TONS.-Tn this section ami section 201: 

18 (1) CUVERED PERIOD.-The term "covered pe19 riod" means, with respect to--

20 (A) the initial briefing required under sub21 sectiOll (a), the period beginning on the date of 

22 the enactment of this Act and ending on the 

23 date of suell initial briefing; aml 

24 (B) subsequent briefings required under 

25 suell subseetion, the period beginning on the 
45


80550b-19.eps

19 

1 day after the date of the most recent briefing 

2 and emling on the date of any ~m<:h t;uht;equent 

3 briefing. 

4 (2) EXECUTIVE BKlliCH AGE NCY.-The term 

5 "executive branch agency" has the meaning g1Ven 

6 the term "agency" ill sectioll 551(1) of title 5, 

7 l~nited States Code. 

8 (3) DEFE.:-.rSE ARTICLE.-The term "defense a1'-

9 ticle" has the meaning given such term in section 47 

10 of the "A.rms Export Control Act (22 U.S.C. 2794). 

11 (4) DEFEKSE SERVICE.-Thc tcrm "dcfcnsc 

12 service" has the meaning given such term in section 

13 47 of thc Arms Export Control Act (22 U.S.C. 

14 2794). 

15 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

16 TAIWAN. 

17 (a) TK (JR~RRAh-Not latcr thml 180 days aftcr thc 

18 date of the enactment of this Act and annually thereafter, 

19 thc Prcsidcllt shall transmit to CongTcss a rcport20 (1) detailing each of Taiwan's requests for pur21 chasc of dcfcnsc articlcs [wd dcfcllSC scrviccs during 

22 the immediately preceding one-year period, whether 

23 t;uhmitted through a letter of requet;t (LOR) or (~on24 veyed by other authoritative means, except that the 
46


80550b-20.eps

20 

1 first report under this section shall cover the period 

2 200!) through 2011; 

3 (2) describing the defense needs asserted by 

4 Taiwan at; jut;tifi(~ation for t;u(~h re(luet;tt;; 

5 (:3) describing the decisionmaking process used 

6 to reject, postpone, or modify any such request, in7 cluding8 (A) with respect to significant military 

9 equipment, the country team assessment and 

10 recommendation as to whether the United 

11 States should sell such equipment; and 

12 (B) for each request, the elapse of time be13 tween the submission of such request and the 

14 completion of the interagency review process by 

15 the Cnited States; and 

16 (4) detailing those defense articles and defense 

17 sennces listed in the Arms Sale Proposal described 

18 in section 25 of the Arms Export Control Act (22 

19 l~.S.C. 27(5), including a descriptiOll of the ration20 ale for including or not including in such Proposal, 

21 as the case may be, all sales and licensed e}"'Ports to 

22 Taiwan under such Act of major weapons or weap23 ont;-related defent;e equipment for $7,000,000 or 

24 more, and the extent to which a decision to not in-
47


80550b-21.eps

21 

1 elude in such Proposal such sales to Taiwan is con2 sistent vvith SUdl se(~tion. 

3 (b) FORM.-The report required under subsection (a) 

4 shall be submitted in unelassified form, but may eontain 

5 a classified annex if necessary. 

6 SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELA7 TIONSACT. 

8 (a) I1\ GE=--rERAL.-Not later than 180 days after the 

9 date of the enactment of this Act, the President shall sub10 mit to Congress a report on implementation of United 

11 States security policy under the Taiwan Helations Act. 

12 (b) lYLATTER8 To BE INCLUDED.-The report re13 quired under subsection (a) shall include, at a minimum, 

14 the follow~ng: 

15 (1) A review of the operational planning, policy 

16 reviews, and other preparations of the United States 

17 since 2000 to implemellt sectiOll 2 (b)(G) and sub18 sections (a), (b), and (e) of section 3 of the Taiwan 

19 Relations Act, including the extent to which the 

20 L"nited States retains the capacity to resist any re21 sort to force or other forms of coercion that would 

22 jeopardize the security, or the social or economic 

23 system, of the people of Taiwan. Suell review shall 

24 take into account whether Taiwan's air and air de25 fense fOl'(~es retain the ability to effe(~tively defend 
48


80550b-22.eps

22 

1 Taiwan against China:s ballistic missile and alr 

2 threatH, and the extent to whieh the ahHelwe of ered3 ible Taiwanese air defense forces may complicate the 

4 ability of the r nited StateH to reHiHt any reHort to 

5 force that jeopardizes the security of Taiwan. 

6 (2) All evaluation of all gaps in relevant knowl7 edge about the capabilities and intentions of the 

8 People's Republic of China as such capabilities and 

9 intentions might affect the current and future mili10 tary balance between Taiwan and China: such as 

11 anti-access and area denial capabilities as well as 

12 anti-satellite and space warfare developments, in13 eluding both classified United States intelligence in14 formation and Chinese open source ~writing. 

15 (c) j1'OKYI.-The report required under subsection (a) 

16 shall be submitted in unclassified form, but may contain 

17 a classified annex if necessary. 

18 SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY. 

19 (a) TRANSFFJR. BY SATjR,-The President is author20 ized to transfer the OLI\lER HAZARD PERRY class 

21 g11ided missile frigates USS TAYljOR (FFCt-50), USS 

22 GARY (FFG-51), USS CARR (FFG-52), and USS 

23 ELROD (FFC}-55) to the Taipei Eeonomie aml Cultural 

24 Representative Office of the United States (which is the 

25 Taiwan inHtrumentality deHignated purHuant to Heetion 
49


80550b-23.eps

23 

1 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) 

2 on a t;ale bat;it; under t;edion 21 of the Armt; E:lq)()rt Con3 trol Act (22 l~.S.C. 2761). 

4 (1)) COSTS OF TK'lli"SFERS.-Any e:lq)ent;e ineurred by 

5 the United States in connection with a transfer authorized 

6 by this section shall be charged to the recipient notwith7 standing section 516(e) of the Foreign Assistance Act of 

8 1961 (22 L.S.C. 2321j(e)). 

9 (c) REPAIR AND REFURBISHMENT IN UNITED 

1 0 STATES SHIPYARDS.-To the maximum extent prac11 ticable, the President shall require, as a condition of the 

12 transfer of a vessel under this section, that the recipient 

13 to which the vessel is transferred have such repair or re14 furbishment of the vessel as is needed, before the vessel 

15 joins the naval forces of that recipient, performed at a 

16 shipyard located in the United States, including a United 

17 States::\f a\'Y shipyard. 

18 (d) EXPIRATION OF ALTHORITY.-The authority to 

19 transfer a vessel under this section shall e}"rpire at the end 

20 of the 3-year period beginning on the date of the enact21 mellt of this Act. 
50


80550b-24.eps

24 

TITLE III-ECONOMIC AND 

2 TRADE RELATIONS 

3 SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREE· 

4 ME NT. 

5 It is the sellse of COllgress that, at the earliest oppor6 tunity, the United States Trade Representative should 

7 sueeessfully eondude negotiations of e(~onomie issues in 

8 the Trade and Investment Framework Agreement (TIFA) 

9 talks vvith Taiwan. 

10 SEC. 302. FREE TRADE AGREEMENT. 

11 (a) IN GENERAL.-It is the sense of Congress that 

12 the ultimate goal of trade negotiations vvith Taiwan should 

13 be the negotiation of a free trade agreement with Taiwan. 

14 As building blocks toward that goal, the United States 

15 should study the feasibility of negotiating with Taiwan a 

16 bilateral17 (1) investment agreement; and 

18 (2) tax agreement. 

19 (b) REPORT.-~ot later than 180 days after the date 

20 of enactment of this Act, the President shall transmit to 

21 Congress a report that assesses whether economic and 

22 trade agreements between the United States and Taiwan 

23 may be submitted to the Senate for advice and consent 

24 as a treaty or whether, because of 'l'aiWall'S llllique status, 
51


80550b-25.eps

25 

1 such agreements must be submitted to both the House of 

2 Repretientatiwti and Senate for legitilative approval. 

~ 
52

Mr. CHABOT. I will now recognize myself for the purpose of making a brief opening statement. I have promised my colleagues that 

we will try to keep this short, so I will not use all of my 5 minutes. 

First, let me thank the ranking member, Mr. Faleomavaega, for 

his assistance in crafting this bipartisan amendment in the nature 

of a substitute and I, of course, want to commend and thank Chairwoman Ros-Lehtinen for sponsoring this legislation; we will hear 

from her very shortly. 

I am proud to be a cosponsor in this Congress, as I have been 

in the past, and as my colleagues know, the Taiwan Policy Act was 

adopted unanimously by the Foreign Affairs Committee in November 2011. I hope it will be adopted this afternoon in this subcommittee in a similar fashion. 

As one of the original founding co-chairs of the Congressional 

Taiwan Caucus, I am a strong supporter of this legislation that 

would strengthen the relationship between our two Nations. I want 

to emphasize the word two Nations. Taiwan is a democracy. It is 

a loyal friend and ally, and it deserves to be treated as such by the 

United States Government. 

I won’t go through the bill point by point, but I do want to focus 

on a couple of issues. First, one only needs to look at a map to see 

that Taiwan sits in a very dangerous part of the world. When I 

first came to Congress in 1995, Communist China had a number 

of missiles pointed at Taiwan and each year since, that number has 

grown from a couple of hundred to approximately 1,600 short- and 

medium-range ballistic missiles aimed at Taiwan today, our friend 

and ally. 

Since 2006, Taiwan has been unsuccessful in procuring new F–

16 C/D fighter jets. I am told that the Obama administration currently ‘‘has under consideration’’ an arms sale package that may include the F–16 C/D. This legislation would authorize those sales 

and would provide a very important security shield to Taiwan as 

it faces potential aggression from China. 

I also want to briefly discuss a matter which this legislation addresses, the issue of restrictions on diplomatic visits by high ranking Taiwanese officials, which is something I have always felt is 

both insulting and counterproductive. I can remember joining a 

number of my colleagues, about 25 years ago flying up to New York 

City one evening after votes—about 25 of us went—to meet with 

then Taiwanese President Chen Shui-bian, a democratically-elected 

leader and a great friend of the United States. We traveled to New 

York to meet with him because he was not allowed to travel to our 

capital here in Washington, DC, because it might offend the bullies 

in Beijing. 

I remember veiled threats from Communist China when former 

Taiwan President Lee Teng-hui, known as the father of Taiwanese 

democracy, wanted to visit his alma mater at Cornell University. 

And I vividly remember meeting Taiwanese legislator Mark Chen 

in our Capitol here in Washington. Only a few weeks later, I had 

to travel to Baltimore to meet with him because he had become 

Foreign Minister, and because of his new position, he was no 

longer welcome to Washington. 

That is just plain nonsense. The Taiwan Policy Act before us this 

afternoon will address that issue by permitting senior leaders of 

53

Taiwan to enter the United States under conditions of appropriate 

respect and permit meetings between high level Taiwanese and 

U.S. officials in all U.S. Executive departments. 

This is an excellent bill, which in a number of areas, strengthens 

our relationship with our friend and ally. I urge my colleagues to 

support it. I will now recognize my good friend from American 

Samoa, the ranking member of this subcommittee, Eni 

Faleomavaega. 

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman, and I want to 

commend you for your leadership and initiative that you have 

taken also in working closely with our colleague, Chairwoman RosLehtinen, in crafting this piece of legislation which I think is a 

positive direction in terms of making sure that the leaders of the 

people of Taiwan are given every expression of self-determination 

in their ability to practice a democratic form of government, as 

they are doing now. And doing so, too, Mr. Chairman, I want to 

recognize the presence of the gentleman, not only was he the author and the primary moving force in establishing what we then 

passed into law, which is the Taiwan Relations Act, a former chairman of this subcommittee, the gentleman from New York, my dear 

friend, and I am sure you know him, Congressman Lester Wolf. He 

is here with us. I appreciate your being here with us, Congressman 

Wolf. 

And I think the cornerstone of this whole Taiwan Relations Act 

as it relates to some of the changes that we are about to make in 

amending some of the provisions are the fact that we want to be 

absolutely certain that the people and the leaders of Taiwan continue to practice their democracy. And as you know, it is my understanding that in the advent of what happened in the, how the 

whole world had changed its course in terms of President Nixon’s 

ability then to provide a dialogue and then eventually I guess you 

might say literally changed the course of history in looking at and 

Taiwan was one of the probably the central issue of whether or not 

the leaders of China were going to establish a better working relationship with our country. And as it turned out, Taiwan was left 

purposely to the extent if there is ever a, my understanding in 

principle, that if there is ever to be change on the political landscape in terms of how Taiwan is to be governed, it is to be done 

peacefully between the people and the leaders of Beijing as well as 

with the leaders of the people of Taiwan. 

And I think the Taiwan Relations Act has been that bastion of 

making sure that the people of Taiwan are fully protected in that 

regard of their right of self-determination and democracy. 

What happens in the future? As you know, the advent of what 

has happened in recent years is the elections where the people of 

Taiwan have made their wishes known for a different policy in 

terms of how to deal with Beijing in that respect in terms of its 

political status. That is entirely left out. But on the question of promoting greater economic and trade relations between Beijing and 

Taiwan, this has become true now. What I have always been curious about, Mr. Chairman, is the fact that before this change of policy, in actuality, Taiwan and China have had over a $100-billion 

trade relationship unofficially and informally for all those years 

prior to this change now where now they are a better closer workVerDate 0ct 09 2002 16:22 May 21, 2013 Jkt 000000 PO 00000 Frm 00057 Fmt 6633 Sfmt 6633 F:\WORK\_AP\042513M\80550 HFA PsN: SHIRL
54

ing relationship as far as economics and trade development is concerned. 

So with that, I want to commend you again for your bringing this 

piece of legislation before the committee. And as I said, I do support the principles and what you are trying to achieve here, and 

I look forward to working with our colleagues to see if there are 

any other positive amendments that will be helpful in bringing this 

legislation to a successful completion before we move it on to the 

full committee. 

And with that, Mr. Chairman, I yield back. 

Mr. CHABOT. Thank you. The gentleman yields back. I would like 

to thank the ranking member for his statement. 

I would now like to recognize the gentlelady from Florida, the 

former chair of the full Foreign Affairs Committee and now the 

chair of the Subcommittee on the Middle East, Ileana RosLehtinen. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I thank 

you deeply, and Mr. Faleomavaega, and I thank your dedicated, 

hardworking staff for working with my lazy bones—no—with my 

also hardworking dedicated staff in order to bring this bipartisan 

bill to markup this afternoon. 

I would also like to thank the co-chairs of the Congressional Taiwan Caucus, Albio Sires, Mario Diaz-Balart, Gerry Connolly, and 

John Carter, for fully supporting and cosponsoring this important 

legislation. 

I am so glad that you pointed out Mr. Wolf’s attendance here 

today because he knows how important the Taiwan Relations Act 

has been to the relation between our two Nations, the cornerstone 

of our policy, and Taiwan continues to be such an essential ally of 

the United States. This bill reiterates to the world, and more importantly, it tells the Taiwanese people just how deeply we value 

that friendship. 

This bill will further strengthen our relations by, as you already 

had pointed out in your opening statements, permitting senior Taiwanese leaders to meet with U.S. officials in all executive branches, 

authorizing the sale of F–16 C/D fighter aircraft to the Armed 

Forces of Taiwan, authorizing the transfer of decommissioned class 

guided missile frigates to Taiwan and supporting Taiwan membership in international organizations such as the United Nations and 

the International Civil Aviation Organization. 

So Mr. Chairman, Mr. Ranking Member, thank you again for 

your hard work in bringing this bill to markup. It is an important 

step forward in solidifying our close alliance with our democratic 

ally, Taiwan, and I urge my colleagues to support its passage. I 

thank you so much, Mr. Chairman and Ranking Member. 

Mr. CHABOT. I thank the gentlelady and she yields back. 

Mr. FALEOMAVAEGA. Will the chairman yield? 

Mr. CHABOT. Yes. 

Mr. FALEOMAVAEGA. Mr. Chairman, I just want to thank my dear 

friend from Florida for her comments and want to note of interest 

is the fact that Taiwan currently has formal diplomatic relations 

with 23 nations in the world and this is something of an irony in 

terms of how do we work out a situation in terms of dealing with 

Taiwan. And as you mentioned earlier, I remember distinctly when 

55

President Lee tried to visit his alma mater, Cornell University, 

where he received his doctorate in agricultural science and there 

was a big boo-hoo as to what is wrong the making a visit just for 

academic purposes and to do that, and I recall that very distinctly 

that caused an international, which to me it is really not that, I 

think it was, it is very good. We need to open this up. 

If we allow countries that are of highly questionable reputation 

for their leaders to come to our country, why are we not extending 

the same courtesy for leaders and people like Taiwan that practice 

democracy? 

Thank you. 

Mr. CHABOT. Thank you. The Chair will reclaim the time. 

I would also like to acknowledge, as some of my colleagues have, 

the importance of Congressman Wolf. We worked together and 

have seen each other in Taiwan and here in the United States and 

New York and elsewhere working on Taiwan-American issues and 

I thank you for your leadership both in Congress and since you 

have left, Congressman. 

Are there other members who would like to speak on Taiwan? 

The gentleman from Pennsylvania, Mr. Perry, is recognized. 

Mr. PERRY. Thank you, Mr. Chairman. And thank you Ranking 

Member. U.S.-Taiwan ties today undoubtedly remain strong; however, our operative approach to this vital relationship is currently 

shackled by many self-imposed and counterproductive constraints 

that exacerbate Taiwan’s diplomatic, political and economic isolation. While China has increased its leverage and pressure on Taiwan forcing it into its orbit, we are missing opportunities to leverage Taiwan’s considerable strengths and capabilities as a reliable 

and like-minded partner in confronting common challenges. 

In light of the momentous challenges that have occurred both 

within and outside of Taiwan over the last few decades, it is time 

for us to formulate a new vision in Washington for a bilateral relationship. I believe we shall break through the barriers of conventional wisdom and mainstream thinking and work toward the normalization of relations with Taiwan as we did 40 years ago with 

China. 

I believe as you do, Mr. Chairman, that the legislation we are 

considering today will do just that, and I thank you and the ranking member, and I yield back. 

Mr. CHABOT. The gentleman yields back. Are there any other 

members who would like to make a statement? 

The gentleman from California, Mr. Rohrabacher, is recognized. 

Mr. ROHRABACHER. Mr. Chairman, 2 years ago, when we were 

debating this issue, there was a side, a little side issue there that 

was going on and that was—but it was very indicative of what the 

Taiwan Relations Act and what Taiwan is all about. And what it 

was is the Falun Gong, which is of course a Chinese native religious organization dealing with yoga and meditation, who are now 

being brutally suppressed by the Communist Chinese regime in 

Beijing, that they had over the years been able to broadcast on a 

television satellite that was located in Taiwan and actually a majority of the share of it is owned by the Taiwan Government, well, 

during the last, 2 years ago, there was a discussion about Taiwan 

making friends with Beijing by basically joining in on this suppresVerDate 0ct 09 2002 16:22 May 21, 2013 Jkt 000000 PO 00000 Frm 00059 Fmt 6633 Sfmt 6633 F:\WORK\_AP\042513M\80550 HFA PsN: SHIRL
56

sion of the Falun Gong by not letting them have access to these TV 

broadcasts. And I called up President Ma at the time and asked 

him to take that into consideration, to please permit the Falun 

Gong to continue their broadcasts otherwise, and this is very symbolic to those of us who want to know whether or not standing up 

for Taiwan, why should we stand up for them if they are doing 

things like this? And let me add that the Taiwanese Government, 

President Weng responded, and the Falun Gong were not kicked off 

the TV station. 

Let us hope this year I would again call on the Taiwan Government because 2 years ago they only got a 2-year contract and they 

are up again, and I would hope that the people of Taiwan, especially the government in Taiwan, if it needs to be treated with any 

special consideration, it won’t be given that or they can’t expect 

that if they are treating—if they are doing the bidding of the Communist Chinese regime in Beijing by entering into the suppression 

of the Falun Gong. 

So I would hope that they would continue to permit this group 

to have access to the airwaves and demonstrate that they are an 

independent and free country. 

Thank you very much, Mr. Chairman. 

Mr. CHABOT. Thank you very much. Having met with Falun 

Gong myself many times over the years, I think the gentleman’s 

remarks are absolutely correct and the repression that they have 

seen, particularly in China, is shameful and some of the photos of 

the torture they have gone through are extremely disturbing. 

Thank you for raising the issue. 

Are there other members that would like to make a statement? 

If not, are there any amendments? 

Hearing no amendments, then, the question occurs on the motion 

to report the bill favorably, as amended. 

All those in favor, signify by saying aye. 

Opposed, no. 

The ayes have it in the opinion of the Chair, and the motion is 

approved. 

Without objection, the bill will be reported favorably to the full 

committee in the form of a single amendment in the nature of a 

substitute and the staff is directed to make any technical and conforming amendments. 

I want to thank all our members and staff and others who are 

interested in being here today and for their assistance and cooperation in today’s markup. 

If there is no further business to come before the subcommittee, 

the subcommittee is adjourned. Thank you. 

[Whereupon, at 2:30 p.m., the subcommittee was adjourned.] 

(57)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

58

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80550n.eps

SlJBCOMMITTEE MARKlJP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

WASHINGTON, D.C. 

Subcommittee on Asia and the Pacific 

Steve Chabot (R-OH), Chairman 

April 18, 2013 

TO: MEMBERS Oil THE COMMITTEE ON 1l0REIGN AIlIlAIRS 

You are respectfully requested to attend an OPEN meeting of the Subcommittee on Asia 

and the Pacitic, to be held in Room 2255 of the Rayburn House Otllce Building (and available 

live on the Committee website athttp://''''vw.FQ[~igl1Affairs.housc.gov) 

DATE: 

TIME: 

MARKUP OF: 

Thursday, April 25, 2013 

2:00 p.m. 

HR 419, To strengthen and clarify the commercial, cultural, and other 

relations between the people of the United States and the people of 

Taiwan, as codified in the Taiwan Relations Act, and for other purposes. 

By Direction of the Chairman 
59

Æ


80550m.eps

COMMITTEE ON FOREIGN AFFAIRS MINUTES OF SUBCOMMlTTEE MARKUP 

MINUTES OF SUBCOMMITTEE ON ______ -'-A=s"'ia'--&=tl""e'--P'--a"'c"'ifi"-'c=-· ______ MARKUP 

Day_----'T-.C11"'1I"'r."',d"'a"'v __ Date ___ --'4"''12'''S''-'1'''1::.3 ___ Room ___ .::2=-25::.:5"-__ _ 

Starting Time __ 2_:_12_P_'M __ Ending Time 2:29PM 

Recesses k! L-to __ l L-to __ l L-to __ l L-to __ l L-to __ l L-to __ l 

Presiding Membcr(sl 

Chairman Steve Chabot (R-OH) 

Clteck all oftltefollowing tltat app~v: 

Open Session [ZJ 

Executive (closed) Session D Televised [ZJ 

Electronically Record~tapedl [ZJ 

Stcnogrnphic Record l.LJ 

BILLS FOR MARKUP: (Inc/ude hill n1l111ber(s) and title(s) of legis/at ion.) 

H.R. 419, Taiwan Policy Act of2013, To strengthen and clarifj' the c(}mnte/'cial, cllltliral, lind other 

relations bet,veen the people of the United States alld the people of Taiwan, as codified ill the Taiwall 

Relatiolls Act, IIlld fm' other purposes. 

COMMITTEE MEMBERS PRESENT: 

Rankillg Member Elli F.H. Faleolllavaega (D-AS), Dalla Rohrabache1' (R-CA), Mo Brooks (R-AL), Scott 

Pel'lY (R-PA), Doug Collills (R-GA), Ami Bera (D-CA) 

NON-COMMITTEE MEMBERS PRESENT: Ileana Ros-Lehtillell (R-FL) 

STATEMENTS FOR THE RECORD: (U.,t any statements submittedfor the record) 

ACTIONS TAKEN DURING THE MARKUP: (Attach copies oj legislation and amendments) 

The Chair called "l' the legislation for the considemt;oll by the SlIbcommittee. All amendment in tlte /latllJ'e 

of a subslilule was offered by Chairman Chabot was agreed to by voice vole. ILR. 419, as llI/lended, was 

agreed to by the voice vote, and was orderedfavorably repOl·ted /0 Iheflll! Committee by l/11(lllimOllS cOllsent. 

RECORDRD VOTES TAKEN (FOR MARKUPl: (Attachjinal vote tally sheet listinK each member.) 

Subject 

NIA/- Voice Vote 

TIME SCHEDULED TO RECONVENE ___ _ 

~~MEADJOURNED 2.- Z'HM