I 

111TH CONGRESS 

1ST SESSION H. R. 4102 

To require the Secretary of State, in consultation with the Secretary of 

Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government 

of Taiwan and any potential transfer of defense articles or defense 

services to the Government of Taiwan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2009 

Ms. ROS-LEHTINEN (for herself, Ms. BERKLEY, Mr. GINGREY of Georgia, Mr. 

LINCOLN DIAZ-BALART of Florida, Mr. MINNICK, Mr. ROYCE, Mr. ROSS, 

and Mr. BURTON of Indiana) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To require the Secretary of State, in consultation with the 

Secretary of Defense, to provide detailed briefings to 

Congress on any recent discussions conducted between 

United States Government and the Government of Taiwan and any potential transfer of defense articles or 

defense services to the Government of Taiwan, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 


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1 (1) The Taiwan Relations Act (22 U.S.C. 3301 

2 et seq.; Public Law 96–8) is the cornerstone of rela3 tions between the United States and Taiwan, which 

4 is also governed by the three joint communique ́s and 

5 the Six Assurances. 

6 (2) The Taiwan Relations Act has governed 

7 United States arms sales to Taiwan since 1979, 

8 when the United States extended diplomatic recogni9 tion to the People’s Republic of China. 

10 (3) The Taiwan Relations Act specifies that it 

11 is United States policy, among other things, to con12 sider any nonpeaceful means to determine Taiwan’s 

13 future ‘‘a threat’’ to the peace and security of the 

14 Western Pacific and of ‘‘grave concern’’ to the 

15 United States, ‘‘to provide Taiwan with arms of a 

16 defensive character’’, and ‘‘to maintain the capacity 

17 of the United States to resist any resort to force or 

18 other forms of coercion’’ jeopardizing the security or 

19 social or economic system of Taiwan’s people. 

20 (4) Section 3(a) of the Taiwan Relations Act 

21 states that ‘‘the United States will make available to 

22 Taiwan such defense articles and defense services in 

23 such quantity as may be necessary to enable Taiwan 

24 to maintain a sufficient self-defense capability’’. 


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1 (5) Section 3(b) of the Taiwan Relations Act 

2 stipulates that both the President and the Congress 

3 shall determine the nature and quantity of such de4 fense articles and services ‘‘based solely’’ upon their 

5 judgment of the needs of Taiwan. 

6 (6) Taiwan in March 2009 issued its first 

7 Quadrennial Defense Review, a robust, defense-ori8 ented strategy that aims to shape the regional secu9 rity environment and deter conflict while trans10 forming the military into a leaner, more efficient 

11 fighting force with sustainable capabilities, thereby 

12 helping to demonstrate that Taiwan has the resolve 

13 and commitment to successfully strengthen its own 

14 defenses. 

15 (7) According to the Congressional Research 

16 Service, the executive branch has yet to send any 

17 arms transfer notifications to Congress for Taiwan 

18 during calendar year 2009, including notifications 

19 for Blackhawk helicopters, diesel submarine design, 

20 and additional Patriot PAC–3 systems, nor has it 

21 yet transferred the OSPREY class minehunter 

22 coastal ships ORIOLE (MHC–55) and FALCON 

23 (MHC–59), even though Congress authorized the 

24 sale of these ships in calendar 2008 in the ConsoliVerDate Nov 24 2008 23:59 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102

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1 dated Natural Resources Act of 2008 (Public Law 

2 110–229). 

3 (8) Taiwanese President Ma Ying-jeou has reit4 erated his administration’s desire to acquire United 

5 States built F–16 C/Ds and other weapons on many 

6 public occasions, including in an April 22 address to 

7 the United States by teleconference to mark the 

8 30th anniversary of the Taiwan Relations Act and a 

9 statement issued during a May 26 transit stop in 

10 the United States on his way to Central America for 

11 a diplomatic visit. 

12 (9) Taiwanese President Ma Ying-jeou also 

13 stated on October 2, 2009, that ‘‘Although there are 

14 pragmatic improvements in cross-strait ties, this 

15 doesn’t mean we can let our guard down.’’. 

16 (10) As highlighted in the March 2009 Depart17 ment of Defense annual report to Congress on Chi18 na’s military, ‘‘China’s armed forces are rapidly de19 veloping coercive capabilities . . . [that] could in the 

20 future be used to pressure Taiwan toward a settle21 ment of the cross-Strait dispute on Beijing’s terms 

22 while simultaneously attempting to deter, delay, or 

23 deny any possible U.S. support for the island in case 

24 of conflict.’’. 


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1 SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS. 

2 (a) BRIEFINGS.—Not later than 90 days after the 

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

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

5 Secretary of Defense, shall provide detailed briefings to 

6 Congress on— 

7 (1) any discussions conducted between any ex8 ecutive branch agency and the Government of Tai9 wan during the covered period; and 

10 (2) any potential transfer of defense articles or 

11 defense services to the Government of Taiwan. 

12 (b) DEFINITIONS.—In this section: 

13 (1) COVERED PERIOD.—The term ‘‘covered pe14 riod’’ means, with respect to— 

15 (A) the initial briefing required under sub16 section (a), the period beginning on the date of 

17 the enactment of this Act and ending on the 

18 date of such initial briefing; and 

19 (B) subsequent briefings required under 

20 such subsection, the period beginning on the 

21 day after the date of the most recent briefing 

22 and ending on the date of any such subsequent 

23 briefing. 

24 (2) EXECUTIVE BRANCH AGENCY.—The term 

25 ‘‘executive branch agency’’ has the meaning given 


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1 the term ‘‘agency’’ in section 551(1) of title 5, 

2 United States Code. 

3 (3) DEFENSE ARTICLE.—The term ‘‘defense ar4 ticle’’ has the meaning given the term in section 47 

5 of the Arms Export Control Act (22 U.S.C. 2794). 

6 (4) DEFENSE SERVICE.—The term ‘‘defense 

7 service’’ has the meaning given the term in section 

8 47 of the Arms Export Control Act (22 U.S.C. 

9 2794). 

Æ 


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