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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1151 Enrolled Bill (ENR)]

        H.R.1151

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and thirteen

                                 An Act

 
    To direct the Secretary of State to develop a strategy to obtain 
observer status for Taiwan at the triennial International Civil Aviation 
             Organization Assembly, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE INTERNATIONAL 
CIVIL AVIATION ORGANIZATION.
    (a) Findings.--Congress makes the following findings:
        (1) Safe, secure, and economical international air navigation 
    and transport is important to every citizen of the world, and safe 
    skies are ensured through uniform aviation standards, harmonization 
    of security protocols, and expeditious dissemination of information 
    regarding new regulations and other relevant matters.
        (2) Direct and unobstructed participation in international 
    civil aviation forums and programs is beneficial for all nations 
    and their civil aviation authorities. Civil aviation is vital to 
    all due to the international transit and commerce it makes 
    possible, but must also be closely regulated due to the possible 
    use of aircraft as weapons of mass destruction or to transport 
    biological, chemical, and nuclear weapons or other dangerous 
    materials.
        (3) The Convention on International Civil Aviation, signed in 
    Chicago, Illinois, on December 7, 1944, and entered into force 
    April 4, 1947, established the International Civil Aviation 
    Organization (ICAO), stating ``The aims and objectives of the 
    Organization are to develop the principles and techniques of 
    international air navigation and to foster the planning and 
    development of international air transport so as to . . . meet the 
    needs of the peoples of the world for safe, regular, efficient and 
    economical air transport.''.
        (4) The terrorist attacks of September 11, 2001, demonstrated 
    that the global civil aviation network is subject to 
    vulnerabilities that can be exploited in one country to harm 
    another. The ability of civil aviation authorities to coordinate, 
    preempt and act swiftly and in unison is an essential element of 
    crisis prevention and response.
        (5) Following the terrorist attacks of September 11, 2001, the 
    ICAO convened a high-level Ministerial Conference on Aviation 
    Security that endorsed a global strategy for strengthening aviation 
    security worldwide and issued a public declaration that ``a uniform 
    approach in a global system is essential to ensure aviation 
    security throughout the world and that deficiencies in any part of 
    the system constitute a threat to the entire global system,'' and 
    that there should be a commitment to ``foster international 
    cooperation in the field of aviation security and harmonize the 
    implementation of security measures''.
        (6) The Taipei Flight Information Region, under the 
    jurisdiction of Taiwan, covers 180,000 square nautical miles of 
    airspace and provides air traffic control services to over 1.2 
    million flights annually, with the Taiwan Taoyuan International 
    Airport recognized as the 10th and 19th largest airport by 
    international cargo volume and number of international passengers, 
    respectively in 2011.
        (7) Despite the established international consensus regarding a 
    uniform approach to aviation security that fosters international 
    cooperation, exclusion from the ICAO since 1971 has impeded the 
    efforts of the Government of Taiwan to maintain civil aviation 
    practices that comport with evolving international standards, due 
    to its inability to contact the ICAO for up-to-date information on 
    aviation standards and norms, secure amendments to the 
    organization's regulations in a timely manner, obtain sufficient 
    and timely information needed to prepare for the implementation of 
    new systems and procedures set forth by the ICAO, receive technical 
    assistance in implementing new regulations, and participate in 
    technical and academic seminars hosted by the ICAO.
        (8) On October 8, 2010, the Department of State praised the 
    37th ICAO Assembly on its adoption of a Declaration on Aviation 
    Security, but noted that ``because every airport offers a potential 
    entry point into this global system, every nation faces the threat 
    from gaps in aviation security throughout the world--and all 
    nations must share the responsibility for securing that system''.
        (9) On October 2, 2012, Taiwan became the 37th participant to 
    join the United States Visa Waiver program, which is expected to 
    stimulate tourism and commerce that will rely increasingly on 
    international commercial aviation.
        (10) The Government of Taiwan's exclusion from the ICAO 
    constitutes a serious gap in global standards that should be 
    addressed at the earliest opportunity in advance of the 38th ICAO 
    Assembly in September 2013.
        (11) The Federal Aviation Administration and its counterpart 
    agencies in Taiwan have enjoyed close collaboration on a wide range 
    of issues related to innovation and technology, civil engineering, 
    safety and security, and navigation.
        (12) The ICAO has allowed a wide range of observers to 
    participate in the activities of the organization.
        (13) The United States, in the 1994 Taiwan Policy Review, 
    declared its intention to support Taiwan's participation in 
    appropriate international organizations and has consistently 
    reiterated that support.
        (14) Senate Concurrent Resolution 17, agreed to on September 
    11, 2012, affirmed the sense of Congress that--
            (A) meaningful participation by the Government of Taiwan as 
        an observer in the meetings and activities of the ICAO will 
        contribute both to the fulfillment of the ICAO's overarching 
        mission and to the success of a global strategy to address 
        aviation security threats based on effective international 
        cooperation; and
            (B) the United States Government should take a leading role 
        in garnering international support for the granting of observer 
        status to Taiwan in the ICAO.
        (15) Following the enactment of Public Law 108-235, a law 
    authorizing the Secretary of State to initiate and implement a plan 
    to endorse and obtain observer status for Taiwan at the annual 
    summit of the World Health Assembly and subsequent advocacy by the 
    United States, Taiwan was granted observer status to the World 
    Health Assembly for four consecutive years since 2009. Both prior 
    to and in its capacity as an observer, Taiwan has contributed 
    significantly to the international community's collective efforts 
    in pandemic control, monitoring, early warning, and other related 
    matters.
        (16) ICAO rules and existing practices allow for the meaningful 
    participation of non-contracting countries as well as other bodies 
    in its meetings and activities through granting of observer status.
    (b) Taiwan's Participation at ICAO.--The Secretary of State shall--
        (1) develop a strategy to obtain observer status for Taiwan at 
    the triennial ICAO Assembly--next held in September 2013 in 
    Montreal, Canada--and other related meetings, activities, and 
    mechanisms thereafter; and
        (2) instruct the United States Mission to the ICAO to 
    officially request observer status for Taiwan at the triennial ICAO 
    Assembly and other related meetings, activities, and mechanisms 
    thereafter and to actively urge ICAO member states to support such 
    observer status and participation for Taiwan.
    (c) Report Concerning Observer Status for Taiwan at the ICAO 
Assembly.--Not later than 30 days after the date of the enactment of 
this Act, the Secretary of State shall submit to Congress a report, in 
unclassified form, describing the United States strategy to endorse and 
obtain observer status for Taiwan at the triennial ICAO Assembly and at 
subsequent ICAO Assemblies and at other related meetings, activities, 
and mechanisms thereafter. The report shall include the following:
        (1) A description of the efforts the Secretary of State has 
    made to encourage ICAO member states to promote Taiwan's bid to 
    obtain observer status.
        (2) The steps the Secretary of State will take to endorse and 
    obtain observer status for Taiwan in ICAO and at other related 
    meetings, activities, and mechanisms thereafter.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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