IB

106TH CONGRESS

2D SESSION H. R. 1838

[Report No. 106–423, Part I]

To assist in the enhancement of the security of Taiwan, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1999

Mr. DELAY (for himself, Mr. ANDREWS, Mr. GILMAN, Mr. DEUTSCH, Mr.

ROHRABACHER, Mr. WU, Mr. COX, Mr. JEFFERSON, Mr. DIAZ-BALART,

Mrs. LOWEY, Mr. SMITH of New Jersey, Mr. HUNTER, Mr. BURTON of

Indiana, Mr. COOK, and Mr. WELDON of Florida) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

OCTOBER 28, 1999

Reported from the Committee on International Relations with an amendment

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

OCTOBER 28, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 5, 1999

NOVEMBER 5, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 10, 1999

NOVEMBER 10, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 12, 1999

NOVEMBER 11, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 17, 1999
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NOVEMBER 17, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 18, 1999

NOVEMBER 18, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 19, 1999

NOVEMBER 19, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than November 22, 1999

NOVEMBER 22, 1999

Referral to the Committee on Armed Services extended for a period ending

not later than February 4, 2000

FEBRUARY 1, 2000

Additional sponsors: Mr. SCHAFFER, Mr. FORBES, Mr. WEXLER, Mr. EHRLICH, Mrs. MYRICK, Mr. GARY MILLER of California, Mr. ENGLISH, Mr.

BLILEY, Mrs. MORELLA, Mr. CRANE, Mr. HEFLEY, Mr. DEAL of Georgia, Mr. MCNULTY, Mr. HASTINGS of Florida, Mr. SUNUNU, Mr.

WHITFIELD, Mr. BARTON of Texas, Mr. FRANK of Massachusetts, Mr.

CALVERT, Mr. FOLEY, Mr. GEJDENSON, Mr. RADANOVICH, Mr. BARR of

Georgia, Mrs. MALONEY of New York, Mr. BILIRAKIS, Mr. LINDER, Mr.

BERMAN, Mr. KLECZKA, Mr. VITTER, Mr. MALONEY of Connecticut, Ms.

DUNN, Mr. MARTINEZ, Mr. ROGAN, Ms. PRYCE of Ohio, Mr. BACHUS,

Mr. ARMEY, Mr. WYNN, Mr. FRANKS of New Jersey, Mr. NEY, Mr. DOOLITTLE, Mr. DEMINT, Mr. FROST, Mr. PAYNE, Mr. TANCREDO, Mr.

CHABOT, Mr. BURR of North Carolina, Mr. COBLE, Mr. SANFORD, Mr.

MCCOLLUM, Mr. HANSEN, Mr. ETHERIDGE, Mr. TALENT, Mr. TAYLOR

of North Carolina, Mr. SESSIONS, Mr. SAM JOHNSON of Texas, Mr.

KING, Mr. TIAHRT, Mr. HUTCHINSON, Mr. HOEFFEL, Mr. MEEKS of

New York, Mr. VENTO, Mr. UNDERWOOD, Mr. ACKERMAN, Mr. CROWLEY, Mr. ORTIZ, Mr. SHERMAN, and Mr. JONES of North Carolina

[For text of introduced bill, see copy of bill as introduced on May 18, 1999]

A BILL

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,
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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 the

7 United States and Taiwan has been of enormous ben8 efit 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 posi22 tion 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.
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1 (5) The People’s Republic of China refuses to re2 nounce the use of force against democratic Taiwan.

3 (6) The Taiwan Relations Act has been instru4 mental in maintaining peace, security, and stability

5 in the Taiwan Strait and the Western Pacific since

6 its enactment in 1979.

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

8 8) states that—

9 (A) peace and stability in the Taiwan

10 Strait area are in the political, security, and

11 economic interests of the United States and are

12 of international concern;

13 (B) the decision of the United States to es14 tablish diplomatic relations with the People’s Re15 public of China rests upon the expectation that

16 the future of Taiwan will be determined by

17 peaceful means;

18 (C) the United States would consider any

19 effort to determine the future of Taiwan by other

20 than peaceful means, including boycotts or em21 bargoes, a threat to the peace and security of the

22 Western Pacific region and of grave concern to

23 the United States;

24 (D) the United States will maintain the ca25 pacity to resist any form of coercion that jeop-
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1 ardizes the security, or the social or economic

2 system, of the people of Taiwan; and

3 (E) the preservation and enhancement of

4 the human rights of all people on Taiwan are ob5 jectives of the United States.

6 (8) The Taiwan Relations Act establishes on the

7 part of the United States a continuing connection

8 with and concern for Taiwan and its people. Contin9 ued adherence to the Act will help Taiwan to main10 tain its democracy free of coercion and to safeguard

11 its people from the use of force against them. Further12 more, the maintenance by Taiwan of forces adequate

13 for its defense is in the interest of the United States

14 in that it helps to maintain peace in the Western Pa15 cific region.

16 (9) The military modernization and weapons

17 procurement efforts by the People’s Republic of China,

18 as documented in the February 1, 1999, report by the

19 Secretary of Defense on ‘‘The Security Situation in

20 the Taiwan Strait’’, could threaten cross-Strait sta21 bility and United States interests in the Asia-Pacific

22 region.

23 (10) The Taiwan Relations Act provides explicit

24 guarantees that the United States will make available

25 defense articles and services necessary in such quan-
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1 tity as may be necessary to enable Taiwan to main2 tain a sufficient self-defense capability.

3 (11) The Taiwan Relations Act requires timely

4 reviews by United States military authorities of Tai5 wan’s defense needs in connection with recommenda6 tions to the President and the Congress.

7 (12) Congress and the President are committed

8 by the Taiwan Relations Act to determine the nature

9 and quantity of Taiwan’s legitimate self-defense

10 needs.

11 (13) It is the policy of the United States to reject

12 any attempt to curb the provision by the United

13 States of defense articles and services legitimately

14 needed for Taiwan’s self-defense.

15 (14) In accordance with the Taiwan Relations

16 Act, the United States has, since 1979, sold defensive

17 weapons to Taiwan, and such sales have helped Tai18 wan maintain its autonomy and freedom. The Con19 gress supports the continued provision of additional

20 defense articles and defense services in accordance

21 with the Taiwan Relations Act.

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

23 States to eliminate ambiguity and convey with clar24 ity continued United States support for Taiwan, its

25 people, and their ability to maintain their democracy
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1 free from coercion and their society free from the use

2 of force against them. Lack of clarity could lead to

3 unnecessary misunderstandings or confrontations be4 tween the United States and the People’s Republic of

5 China, with grave consequences for the security of the

6 Western Pacific region.

7 (16) A possible consequence of such ambiguity

8 and lack of clarity was the People’s Republic of Chi9 na’s decision to conduct military exercises and live

10 fire missile tests in the Taiwan Strait in March 1996,

11 necessitating House Concurrent Resolution 148, ap12 proved by the House of Representatives by a vote of

13 369–14 on March 19, 1996, and by the Senate by a

14 vote of 97–0 on March 21, 1996, which stated that

15 ‘‘the United States, in accordance with the Taiwan

16 Relations Act and the constitutional process of the

17 United States, and consistent with its friendship with

18 and commitment to the democratic government and

19 people of Taiwan, should assist in defending them

20 against invasion, missile attack, or blockade by the

21 People’s Republic of China.’’. Immediately following

22 Congressional passage of House Concurrent Resolu23 tion 148, the United States deployed on an emergency

24 basis two aircraft carrier battle groups to the Taiwan
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1 Strait, after which the People’s Republic of China

2 ceased further planned military exercises.

3 (17) An earlier consequence of such ambiguity

4 and lack of clarity was the expressed surprise by the

5 People’s Republic of China that Congress and the

6 American people fully supported President Lee Teng7 hui’s private visit to his alma mater, Cornell Univer8 sity, necessitating House Concurrent Resolution 53,

9 approved by the House of Representatives by a vote

10 of 390–0 on May 2, 1995, and by the Senate by a

11 vote of 97–1 on May 9, 1995, which stated such sup12 port explicitly.

13 SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF DE14 FENSE ARTICLES AND SERVICES TO TAIWAN.

15 (a) TRAINING OF TAIWAN MILITARY OFFICERS.—The

16 Secretary of Defense and the Secretaries of the military de17 partments shall make every effort to reserve additional posi18 tions for Taiwan military officers at the National Defense

19 University and other professional military education

20 schools specified in section 2162(d) of title 10, United States

21 Code, and for prospective Taiwan military officers at the

22 United States Military Academy, the United States Naval

23 Academy, and the Air Force Academy.
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1 (b) FOREIGN MILITARY SALES.—The Secretary of

2 State shall, when considering foreign military sales to

3 Taiwan—

4 (1) take into account the special status of Tai5 wan, including the defense needs of Taiwan in re6 sponse to the military modernization and weapons

7 procurement efforts by the People’s Republic of China;

8 and

9 (2) make every effort to ensure that Taiwan has

10 full and timely access to price and availability data

11 for defense articles and defense services.

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

13 (a) INCREASE IN TECHNICAL STAFF OF THE AMER14 ICAN INSTITUTE IN TAIWAN.—Upon the request of the De15 fense Security Cooperation Agency, the President shall use

16 funds available to the Department of Defense under the

17 Arms Export Control Act for the employment of additional

18 technical staff at the American Institute in Taiwan.

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

20 next round of arms talks between the United States and

21 Taiwan, and annually thereafter, the President shall sub22 mit a report to Congress, in classified and unclassified

23 form—
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1 (1) detailing each of Taiwan’s requests for pur2 chase of defense articles and defense services during

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

4 (2) describing the defense needs asserted by Tai5 wan as justification for those requests; and

6 (3) describing the decision-making process used

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

8 SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.

9 (a) MAINTENANCE OF SUFFICIENT SELF-DEFENSE CA10 PABILITIES OF TAIWAN.—Congress finds that any deter11 mination of the nature or quantity of defense articles or

12 defense services to be made available to Taiwan that is

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

14 Relations Act (22 U.S.C. 3302(b)), whether such alternative

15 basis is the August 17, 1982, communique signed with the

16 People’s Republic of China, or any similar executive agree17 ment, order, or policy, would violate the intent of Congress

18 in the enactment of such Act.

19 (b) COMBINED TRAINING AND PERSONNEL EXCHANGE

20 PROGRAMS.—Not later than 210 days after the date of en21 actment of this Act, the Secretary of Defense shall imple22 ment a plan for the enhancement of programs and arrange23 ments for operational training and exchanges of senior offi24 cers between the Armed Forces of the United States and the

25 armed forces of Taiwan for work in threat analysis, doc-
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1 trine, force planning, operational methods, and other areas.

2 At least 30 days prior to such implementation, the Sec3 retary of Defense shall submit the plan to Congress, in clas4 sified and unclassified form.

5 (c) REPORT REGARDING MAINTENANCE OF SUFFI6 CIENT SELF-DEFENSE CAPABILITIES.—Not later than 45

7 days after the date of the enactment of this Act, and annu8 ally thereafter, the Secretary of Defense shall submit to the

9 Congress, in classified and unclassified form, an annual re10 port on the security situation in the Taiwan Strait. Such

11 report shall include an analysis of the military forces facing

12 Taiwan from the People’s Republic of China, evaluating re13 cent additions to the offensive military capability of the

14 People’s Republic of China. The report shall include, but

15 not be limited to, an analysis of the surface and subsurface

16 naval threats, the ballistic missile threat, the air threat, and

17 the threat to the military and civilian communications

18 links in Taiwan. The report shall include a review of the

19 steps taken by the armed forces of Taiwan to address its

20 security situation.

21 (d) COMMUNICATIONS BETWEEN UNITED STATES AND

22 TAIWAN MILITARY COMMANDS.—Not later than 180 days

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

24 of Defense shall certify to the Committee on International

25 Relations and the Committee on Armed Services of the
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1 House of Representatives and the Committee on Foreign Re2 lations and the Committee on Armed Services of the Senate

3 that direct secure communications exist between the armed

4 forces of the United States and the armed forces of Taiwan.

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

6 Nothing in this section supersedes or modifies the applica7 tion of section 36 of the Arms Export Control Act to the

8 sale of any defense article or defense service under this sec9 tion.

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

11 STATES TO RESPOND IN ASIA-PACIFIC CON12 TINGENCIES THAT INCLUDE TAIWAN.

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

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

15 the Secretary of Defense shall prepare and submit to the

16 chairmen and ranking minority members of the Committee

17 on International Relations and the Committee on Armed

18 Services of the House of Representatives and the Committee

19 on Foreign Relations and the Committee on Armed Services

20 of the Senate a report in classified and unclassified form

21 on the ability of the United States to successfully respond

22 to a major contingency in the Asia-Pacific region where

23 United States interests on Taiwan are at risk.

24 (b) CONTENTS.—The report described in subsection (a)

25 shall include—
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1 (1) a description of planning on the national,

2 operational, and tactical levels to respond to, pros3 ecute, and achieve United States strategic objectives

4 with respect to a major contingency described in sub5 section (a); and

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

7 Secretary of Defense in United States military capa8 bilities to successfully respond to such a contingency.

9 (c) PREPARATION OF REPORT.—In preparing the re10 port under subsection (a), the Secretary of Defense shall use

11 the resources and expertise of the relevant unified com12 mands, military departments, the combat support agencies,

13 and the defense components of the intelligence community,

14 as required, and other such entities within the Department

15 of Defense as the Secretary considers necessary.

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