106TH CONGRESS

2D SESSION H. R. 1838

AN ACT

To assist in the enhancement of the security of

Taiwan, and for other purposes.
106TH CONGRESS

2D SESSION H. R. 1838

AN ACT

To assist in the enhancement of the security 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,
2

•HR 1838 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Taiwan Security En3 hancement Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) Since 1949, the close relationship between

7 the United States and Taiwan has been of enormous

8 benefit to both societies.

9 (2) In recent years, Taiwan has undergone a

10 major political transformation, and Taiwan is today

11 a true multiparty democracy with a political system

12 separate from and totally unlike that of the People’s

13 Republic of China.

14 (3) The economy of Taiwan is based upon free

15 market principles and is separate and distinct from

16 the People’s Republic of China.

17 (4) Although on January 1, 1979, the United

18 States Government withdrew diplomatic recognition

19 of the government on Taiwan as the legitimate gov20 ernment of China, neither at that time nor since has

21 the United States Government adopted a formal po22 sition as to the ultimate status of Taiwan other than

23 to state that status must be decided by peaceful

24 means. Any determination of the ultimate status of

25 Taiwan must have the express consent of the people

26 on Taiwan.
3

•HR 1838 EH

1 (5) The People’s Republic of China refuses to

2 renounce the use of force against democratic Tai3 wan.

4 (6) The Taiwan Relations Act has been instru5 mental in maintaining peace, security, and stability

6 in the Taiwan Strait and the Western Pacific since

7 its enactment in 1979.

8 (7) The Taiwan Relations Act (Public Law 96–

9 8) states that—

10 (A) peace and stability in the Taiwan

11 Strait area are in the political, security, and

12 economic interests of the United States and are

13 of international concern;

14 (B) the decision of the United States to es15 tablish diplomatic relations with the People’s

16 Republic of China rests upon the expectation

17 that the future of Taiwan will be determined by

18 peaceful means;

19 (C) the United States would consider any

20 effort to determine the future of Taiwan by

21 other than peaceful means, including boycotts

22 or embargoes, a threat to the peace and secu23 rity of the Western Pacific region and of grave

24 concern to the United States;
4

•HR 1838 EH

1 (D) the United States will maintain the ca2 pacity to resist any form of coercion that jeop3 ardizes the security, or the social or economic

4 system, of the people of Taiwan; and

5 (E) the preservation and enhancement of

6 the human rights of all people on Taiwan are

7 objectives of the United States.

8 (8) The Taiwan Relations Act establishes on

9 the part of the United States a continuing connec10 tion with and concern for Taiwan and its people.

11 Continued adherence to the Act will help Taiwan to

12 maintain its democracy free of coercion and to safe13 guard its people from the use of force against them.

14 Furthermore, the maintenance by Taiwan of forces

15 adequate for its defense is in the interest of the

16 United States in that it helps to maintain peace in

17 the Western Pacific region.

18 (9) The military modernization and weapons

19 procurement efforts by the People’s Republic of

20 China, as documented in the February 1, 1999, re21 port by the Secretary of Defense on ‘‘The Security

22 Situation in the Taiwan Strait’’, could threaten

23 cross-Strait stability and United States interests in

24 the Asia-Pacific region.
5

•HR 1838 EH

1 (10) The Taiwan Relations Act provides explicit

2 guarantees that the United States will make avail3 able defense articles and services necessary in such

4 quantity as may be necessary to enable Taiwan to

5 maintain a sufficient self-defense capability.

6 (11) The Taiwan Relations Act requires timely

7 reviews by United States military authorities of Tai8 wan’s defense needs in connection with recommenda9 tions to the President and the Congress.

10 (12) Congress and the President are committed

11 by the Taiwan Relations Act to determine the nature

12 and quantity of Taiwan’s legitimate self-defense

13 needs.

14 (13) It is the policy of the United States to re15 ject any attempt to curb the provision by the United

16 States of defense articles and services legitimately

17 needed for Taiwan’s self-defense.

18 (14) In accordance with the Taiwan Relations

19 Act, the United States has, since 1979, sold defen20 sive weapons to Taiwan, and such sales have helped

21 Taiwan maintain its autonomy and freedom. The

22 Congress supports the continued provision of addi23 tional defense articles and defense services in ac24 cordance with the Taiwan Relations Act.
6

•HR 1838 EH

1 (15) It is in the national interest of the United

2 States to eliminate ambiguity and convey with clar3 ity continued United States support for Taiwan, its

4 people, and their ability to maintain their democracy

5 free from coercion and their society free from the

6 use of force against them. Lack of clarity could lead

7 to unnecessary misunderstandings or confrontations

8 between the United States and the People’s Republic

9 of China, with grave consequences for the security of

10 the Western Pacific region.

11 (16) A possible consequence of such ambiguity

12 and lack of clarity was the People’s Republic of Chi13 na’s decision to conduct military exercises and live

14 fire missile tests in the Taiwan Strait in March

15 1996, necessitating House Concurrent Resolution

16 148, approved by the House of Representatives by a

17 vote of 369–14 on March 19, 1996, and by the Sen18 ate by a vote of 97–0 on March 21, 1996, which

19 stated that ‘‘the United States, in accordance with

20 the Taiwan Relations Act and the constitutional

21 process of the United States, and consistent with its

22 friendship with and commitment to the democratic

23 government and people of Taiwan, should assist in

24 defending them against invasion, missile attack, or

25 blockade by the People’s Republic of China.’’. Imme-
7

•HR 1838 EH

1 diately following Congressional passage of House

2 Concurrent Resolution 148, the United States de3 ployed on an emergency basis two aircraft carrier

4 battle groups to the Taiwan Strait, after which the

5 People’s Republic of China ceased further planned

6 military exercises.

7 (17) An earlier consequence of such ambiguity

8 and lack of clarity was the expressed surprise by the

9 People’s Republic of China that Congress and the

10 American people fully supported President Lee

11 Teng-hui’s private visit to his alma mater, Cornell

12 University, necessitating House Concurrent Resolu13 tion 53, approved by the House of Representatives

14 by a vote of 390–0 on May 2, 1995, and by the Sen15 ate by a vote of 97–1 on May 9, 1995, which stated

16 such support explicitly.

17 SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF

18 DEFENSE ARTICLES AND SERVICES TO TAI19 WAN.

20 (a) TRAINING OF TAIWAN MILITARY OFFICERS.—

21 The Secretary of Defense and the Secretaries of the mili22 tary departments shall make every effort to reserve addi23 tional positions for Taiwan military officers at the Na24 tional Defense University and other professional military

25 education schools specified in section 2162(d) of title 10,
8

•HR 1838 EH

1 United States Code, and for prospective Taiwan military

2 officers at the United States Military Academy, the United

3 States Naval Academy, and the Air Force Academy.

4 (b) FOREIGN MILITARY SALES.—The Secretary of

5 State shall, when considering foreign military sales to

6 Taiwan—

7 (1) take into account the special status of Tai8 wan, including the defense needs of Taiwan in re9 sponse to the military modernization and weapons

10 procurement efforts by the People’s Republic of

11 China; and

12 (2) make every effort to ensure that Taiwan

13 has full and timely access to price and availability

14 data for defense articles and defense services.

15 SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN.

16 (a) INCREASE IN TECHNICAL STAFF OF THE AMER17 ICAN INSTITUTE IN TAIWAN.—Upon the request of the

18 Defense Security Cooperation Agency, the President shall

19 use funds available to the Department of Defense under

20 the Arms Export Control Act for the employment of addi21 tional technical staff at the American Institute in Taiwan.

22 (b) ANNUAL REPORTS.—Beginning 60 days after the

23 next round of arms talks between the United States and

24 Taiwan, and annually thereafter, the President shall sub-
9

•HR 1838 EH

1 mit a report to Congress, in classified and unclassified

2 form—

3 (1) detailing each of Taiwan’s requests for pur4 chase of defense articles and defense services during

5 the one-year period ending on the date of the report;

6 (2) describing the defense needs asserted by

7 Taiwan as justification for those requests; and

8 (3) describing the decision-making process used

9 to reject, postpone, or modify any such request.

10 SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.

11 (a) MAINTENANCE OF SUFFICIENT SELF-DEFENSE

12 CAPABILITIES OF TAIWAN.—Congress finds that any de13 termination of the nature or quantity of defense articles

14 or defense services to be made available to Taiwan that

15 is made on any basis other than section 3(b) of the Taiwan

16 Relations Act (22 U.S.C. 3302(b)), whether such alter17 native basis is the August 17, 1982, communique signed

18 with the People’s Republic of China, or any similar execu19 tive agreement, order, or policy, would violate the intent

20 of Congress in the enactment of such Act.

21 (b) COMBINED TRAINING AND PERSONNEL EX22 CHANGE PROGRAMS.—Not later than 210 days after the

23 date of enactment of this Act, the Secretary of Defense

24 shall implement a plan for the enhancement of programs

25 and arrangements for operational training and exchanges
10

•HR 1838 EH

1 of senior officers between the Armed Forces of the United

2 States and the armed forces of Taiwan for work in threat

3 analysis, doctrine, force planning, operational methods,

4 and other areas. At least 30 days prior to such implemen5 tation, the Secretary of Defense shall submit the plan to

6 Congress, in classified and unclassified form.

7 (c) REPORT REGARDING MAINTENANCE OF SUFFI8 CIENT SELF-DEFENSE CAPABILITIES.—Not later than 45

9 days after the date of the enactment of this Act, and annu10 ally thereafter, the Secretary of Defense shall submit to

11 the Congress, in classified and unclassified form, an an12 nual report on the security situation in the Taiwan Strait.

13 Such report shall include an analysis of the military forces

14 facing Taiwan from the People’s Republic of China, evalu15 ating recent additions to the offensive military capability

16 of the People’s Republic of China. The report shall in17 clude, but not be limited to, an analysis of the surface

18 and subsurface naval threats, the ballistic missile threat,

19 the air threat, and the threat to the military and civilian

20 communications links in Taiwan. The report shall include

21 a review of the steps taken by the armed forces of Taiwan

22 to address its security situation.

23 (d) COMMUNICATIONS BETWEEN UNITED STATES

24 AND TAIWAN MILITARY COMMANDS.—Not later than 180

25 days after the date of the enactment of this Act, the Sec-
11

•HR 1838 EH

1 retary of Defense shall certify to the Committee on Inter2 national Relations and the Committee on Armed Services

3 of the House of Representatives and the Committee on

4 Foreign Relations and the Committee on Armed Services

5 of the Senate that direct secure communications exist be6 tween the armed forces of the United States and the

7 armed forces of Taiwan.

8 (e) RELATION TO ARMS EXPORT CONTROL ACT.—

9 Nothing in this section supersedes or modifies the applica10 tion of section 36 of the Arms Export Control Act to the

11 sale of any defense article or defense service under this

12 section.

13 SEC. 6. REPORT REGARDING THE ABILITY OF THE UNITED

14 STATES TO RESPOND IN ASIA-PACIFIC CON15 TINGENCIES THAT INCLUDE TAIWAN.

16 (a) REPORT.—Not later than 180 days after the date

17 of the enactment of this Act, and updated as appropriate,

18 the Secretary of Defense shall prepare and submit to the

19 chairmen and ranking minority members of the Com20 mittee on International Relations and the Committee on

21 Armed Services of the House of Representatives and the

22 Committee on Foreign Relations and the Committee on

23 Armed Services of the Senate a report in classified and

24 unclassified form on the ability of the United States to

25 successfully respond to a major contingency in the Asia-
12

•HR 1838 EH

1 Pacific region where United States interests on Taiwan

2 are at risk.

3 (b) CONTENTS.—The report described in subsection

4 (a) shall include—

5 (1) a description of planning on the national,

6 operational, and tactical levels to respond to, pros7 ecute, and achieve United States strategic objectives

8 with respect to a major contingency described in

9 subsection (a); and

10 (2) a description of the confidence level of the

11 Secretary of Defense in United States military capa12 bilities to successfully respond to such a contingency.

13 (c) PREPARATION OF REPORT.—In preparing the re14 port under subsection (a), the Secretary of Defense shall

15 use the resources and expertise of the relevant unified

16 commands, military departments, the combat support

17 agencies, and the defense components of the intelligence

18 community, as required, and other such entities within the

19 Department of Defense as the Secretary considers nec20 essary.

Passed the House of Representatives February 1,

2000.

Attest:

Clerk.