III

Calendar No. 84

106TH CONGRESS

1ST SESSION S. CON. RES. 17

Concerning the 20th Anniversary of the Taiwan Relations Act.

IN THE SENATE OF THE UNITED STATES

MARCH 11, 1999

Mr. MURKOWSKI (for himself, Mr. TORRICELLI, Mr. LOTT, Mr. HELMS, Mr.

THOMAS, Mr. BURNS, Mr. KYL, Mr. ROCKEFELLER, and Mr. DASCHLE)

submitted the following concurrent resolution; which was referred to the

Committee on Foreign Relations

MARCH 26, 1999

Reported under authority of the order of the Senate of March 25, 1999, by

Mr. HELMS, with an amendment and an amendment to the preamble

[Strike out the preamble and all after the resolving clause and insert the part printed in italic]

CONCURRENT RESOLUTION

Concerning the 20th Anniversary of the Taiwan Relations

Act.

Whereas April 10, 1999, will mark the 20th anniversary of

the enactment of the Taiwan Relations Act, codifying in

public law the basis for continued commercial, cultural,

and other relations between the United States and democratic Taiwan;

Whereas the Taiwan Relations Act was advanced by Congress

and supported by the executive branch as a critical tool
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to preserve and promote extensive, close, and friendly

commercial, cultural, and other relations between the

United States and the Republic of China on Taiwan;

Whereas the Taiwan Relations Act has been instrumental in

maintaining peace, security, and stability in the Taiwan

Strait since its enactment in 1979;

Whereas, when the Taiwan Relations Act was enacted, it reaffirmed that the United States decision to establish diplomatic relations with the People’s Republic of China is

based upon the expectation that the future of Taiwan will

be determined by peaceful means;

Whereas officials of the People’s Republic of China refuse to

renounce the use of force against democratic Taiwan;

Whereas the defense modernization and weapons procurement

efforts by the People’s Republic of China, as documented

in the February 1, 1999, report by the Secretary of Defense on ‘‘The Security Situation in the Taiwan Strait’’,

could threaten cross-strait and East Asian stability and

United States interests in the East Asia region;

Whereas the Taiwan Relations Act provides explicit guarantees that the United States will make available defense

articles and defense services in such quantities as may be

necessary for Taiwan to maintain a sufficient self-defense

capability;

Whereas the Taiwan Relations Act requires timely reviews by

United States military authorities of Taiwan’s defense

needs in connection with recommendations to the President and Congress;

Whereas Congress and the President are committed by section 3(b) of the Taiwan Relations Act (22 U.S.C.
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3302(b)) to determine the nature and quantity of what

Taiwan’s legitimate needs are for its self-defense;

Whereas the Republic of China on Taiwan routinely makes

informal requests to United States Government officials,

which are discouraged or declined informally by United

States Government personnel;

Whereas it is the policy of the United States to reject any

attempt to curb the provision by the United States of defense articles and defense services legitimately needed for

Taiwan’s self-defense;

Whereas it is the current executive branch policy to bar most

high-level dialog regarding regional stability with senior

military officials on Taiwan;

Whereas the Taiwan Relations Act sets forth the policy to

promote extensive commercial relations between the people of the United States and the people on Taiwan, and

that policy is advanced by membership in the World

Trade Organization;

Whereas the human rights provisions in the Taiwan Relations

Act helped stimulate the democratization of Taiwan;

Whereas Taiwan today is a full-fledged, multiparty democracy that fully respects human rights and civil liberties

and, as such, serves as a successful model of democratic

reform for the People’s Republic of China;

Whereas it is the policy of the United States to promote extensive cultural relations between the United States and

Taiwan, ties that should be further encouraged and expanded;

Whereas any attempt to determine Taiwan’s future by other

than peaceful means, including boycotts or embargoes,

would be considered as a threat to the peace and security
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of the Western Pacific and of grave concern to the

United States;

Whereas the Taiwan Relations Act established the American

Institute in Taiwan to carry out the programs, transactions, and other relations of the United States with respect to Taiwan; and

Whereas the American Institute in Taiwan has played a successful role in sustaining and enhancing United States

relations with Taiwan: Now, therefore, be it

Whereas April 10, 1999, will mark the 20th anniversary

of the enactment of the Taiwan Relations Act, codifying in public law the basis for continued commercial, cultural, and other relations between the United

States and democratic Republic of China on Taiwan;

Whereas the Taiwan Relations Act was advanced by Congress and supported by the executive branch as a critical tool to preserve and promote extensive, close, and

friendly commercial, cultural, and other relations between the United States and Taiwan;

Whereas the Taiwan Relations Act has been instrumental

in maintaining peace, security, and stability in the

Taiwan Strait since its enactment in 1979;

Whereas, when the Taiwan Relations Act was enacted, it

reaffirmed that the United States decision to establish

diplomatic relations with the People’s Republic of

China is based upon the expectation that the future of

Taiwan will be determined by peaceful means;

Whereas officials of the People’s Republic of China refuse

to renounce the use of force against Taiwan;

Whereas the defense modernization and weapons procurement efforts by the People’s Republic of China, as doc-
5

•SCON 17 RS

umented in the February 1, 1999, report by the Secretary of Defense on ‘‘The Security Situation in the

Taiwan Strait’’, could threaten cross-strait and East

Asian stability and United States interests in the East

Asia region;

Whereas the Taiwan Relations Act provides explicit guarantees that the United States will make available defense articles and defense services in such quantities as

may be necessary for Taiwan to maintain a sufficient

self-defense capability;

Whereas the Taiwan Relations Act requires timely reviews

by United States military authorities of Taiwan’s defense needs in connection with recommendations to the

President and Congress;

Whereas Congress and the President are committed by section 3(b) of the Taiwan Relations Act (22 U.S.C.

3302(b)) to determine the nature and quantity of what

Taiwan’s legitimate needs are for its self-defense;

Whereas Taiwan routinely makes informal requests for defense articles and defense services to United States

Government officials, which are discouraged or declined informally by United States Government personnel;

Whereas it is the policy of the United States to reject any

attempt to curb the provision by the United States of

defense articles and defense services legitimately needed for Taiwan’s self-defense;

Whereas it is the current executive branch policy to limit

most high-level dialog regarding regional stability

with Taiwan senior military officials;
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Whereas the Taiwan Relations Act sets forth the policy to

promote extensive commercial relations between the

people of the United States and the people on Taiwan,

and that policy is advanced by membership in the

World Trade Organization;

Whereas Taiwan completed its bilateral market access negotiations with the United States on February 20,

1998, and all countries which asked to negotiate bilateral agreements with Taiwan have concluded those

agreements, although Canada has reopened negotiations on certain products;

Whereas the human rights provisions in the Taiwan Relations Act helped stimulate the democratization of Taiwan;

Whereas Taiwan today is a full-fledged, multiparty democracy that fully respects human rights and civil liberties and, as such, serves as a successful model of

democratic reform for the People’s Republic of China;

Whereas it is the policy of the United States to promote

extensive cultural relations between the United States

and Taiwan, ties that should be further encouraged

and expanded;

Whereas any attempt to determine Taiwan’s future by

other than peaceful means, including boycotts or embargoes, would be considered as a threat to the peace

and security of the Western Pacific and of grave concern to the United States;

Whereas the Taiwan Relations Act established the American Institute in Taiwan to carry out the programs,

transactions, and other relations of the United States

with respect to Taiwan; and
7

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Whereas the American Institute in Taiwan has played a

successful role in sustaining and enhancing United

States relations with Taiwan: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That it is the sense of the Congress that—

3 (1) the United States should reaffirm its com4 mitment to the Taiwan Relations Act and the spe5 cific guarantees of provision of legitimate defense ar6 ticles to Taiwan contained therein;

7 (2) the Congress has grave concerns over Chi8 na’s growing arsenal of nuclear and conventionally

9 armed ballistic missiles, the movement of those mis10 siles into a closer geographic proximity to Taiwan,

11 and the effect that the buildup may have on stability

12 in the Taiwan Strait;

13 (3) the President should direct all appropriate

14 officials to raise with officials from the People’s Re15 public of China the grave concern of the United

16 States over China’s growing arsenal of nuclear and

17 conventionally armed ballistic missiles, the move18 ment of those missiles into a closer geographic prox19 imity to Taiwan, and the effect that the buildup may

20 have on stability in the Taiwan Strait;

21 (4) the President should seek from the leaders

22 of the People’s Republic of China a public renunci-
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1 ation of any use of force, or threat to use force,

2 against democratic Taiwan;

3 (5) the President should provide annually a re4 port detailing the military balance on both sides of

5 the Taiwan Strait, including the impact of procure6 ment and modernization programs underway;

7 (6) the Secretary of Defense should inform the

8 appropriate committees of Congress when officials

9 from Taiwan seek to purchase defense articles for

10 self-defense;

11 (7) the United States Government should en12 courage a high-level dialog with officials of Taiwan

13 and of other United States allies in East Asia, in14 cluding Japan and South Korea, on the best means

15 to ensure stability, peace, and freedom of the seas

16 in East Asia;

17 (8) it should be United States policy, in con18 formity with the spirit of section 4(d) of the Taiwan

19 Relations Act (22 U.S.C. 3303(d)), to publicly sup20 port Taiwan’s admission to the World Trade Organi21 zation forthwith, on its own merits as well as to en22 courage others to adopt similar policies, without

23 making such admission conditional on the previous

24 or simultaneous admission of the People’s Republic

25 of China to the World Trade Organization.
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1 That it is the sense of the Congress that—

2 (1) the United States should reaffirm its commit3 ment to the Taiwan Relations Act and the specific

4 guarantees of provision of legitimate defense articles

5 to Taiwan contained therein;

6 (2) the Congress has grave concerns over China’s

7 growing arsenal of nuclear and conventionally armed

8 ballistic missiles adjacent to Taiwan, and the effect

9 that the buildup may have on stability in the Taiwan

10 Strait, and United States government officials should

11 continue to raise these concerns with officials of the

12 People’s Republic of China;

13 (3) the President should seek from the leaders of

14 the People’s Republic of China a public renunciation

15 of any use of force, or threat to use force, against

16 democratic Taiwan;

17 (4) the President should provide annually a re18 port detailing the military balance on both sides of

19 the Taiwan Strait, including the impact of procure20 ment and modernization programs underway;

21 (5) the Secretary of Defense should make avail22 able to the appropriate committees of Congress the an23 nual military requirements list submitted by Taiwan;

24 (6) it should be United States policy to encour25 age the participation of Taiwan in a high-level re-
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1 gional dialog on the best means of ensuring stability,

2 peace, and freedom of the seas in East Asia; and

3 (7) it should be United States policy, in con4 formity with the spirit of section 4(d) of the Taiwan

5 Relations Act (22 U.S.C. 3303(d)), to publicly sup6 port Taiwan’s admission to the World Trade Organi7 zation forthwith, on its own merits, and consistent

8 with the bilateral market access agreement with the

9 United States.

Calendar No. 84

106TH CONGRESS

1ST SESSION S. CON. RES. 17

CONCURRENT RESOLUTION

Concerning the 20th Anniversary of the Taiwan

M

Relations Act.

ARCH 26, 1999

Reported with an amendment and an amendment to the

preamble