I 

113TH CONGRESS 

1ST SESSION H. R. 419 

To strengthen and clarify the commercial, cultural, and other relations between the people of the United States and the people of Taiwan, as 

codified in the Taiwan Relations Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2013 

Ms. ROS-LEHTINEN (for herself, Mr. SIRES, Mr. DIAZ-BALART, Mr. CONNOLLY, and Mr. CARTER) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, 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 

A BILL 

To strengthen and clarify the commercial, cultural, and other 

relations between the people of the United States and 

the people of Taiwan, as codified in the Taiwan Relations 

Act, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taiwan Policy Act of 

5 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Taiwan Relations Act (Public Law 96– 

4 8; 22 U.S.C. 3301 et seq.), enacted in 1979, has 

5 continued for 34 years to be the cornerstone of 

6 United States–Taiwan relations and has served as 

7 an anchor for peace and security in the Western Pa8 cific region. 

9 (2) The Taiwan Relations Act, in furthering the 

10 national interests of the United States in the West11 ern Pacific region, has mandated that the United 

12 States will make available to Taiwan such defense 

13 articles and defense services in such quantity as may 

14 be necessary to enable Taiwan to maintain a suffi15 cient self-defense capability, thus allowing the people 

16 of Taiwan to preserve a peaceful, democratic, and 

17 prosperous way of life. 

18 (3) The future of Taiwan must be determined 

19 in a peaceful manner and with the assent of the peo20 ple of Taiwan. 

21 (4) The Taiwan Relations Act declares that— 

22 (A) peace and stability in the Western Pa23 cific area are in the political, security, and eco24 nomic interests of the United States, and are 

25 matters of international concern; 


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1 (B) the United States decision to establish 

2 diplomatic relations with the People’s Republic 

3 of China rests upon the expectation that the fu4 ture of Taiwan will be determined by peaceful 

5 means; 

6 (C) the United States considers any effort 

7 to determine the future of Taiwan by other 

8 than peaceful means, including by boycotts or 

9 embargoes, a threat to the peace and security 

10 of the Western Pacific area and of grave con11 cern to the United States; 

12 (D) the United States will maintain the ca13 pacity to resist any resort to force or other 

14 forms of coercion that would jeopardize the se15 curity, or the social or economic system, of the 

16 people on Taiwan; and 

17 (E) the preservation and enhancement of 

18 the human rights of all the people on Taiwan 

19 are reaffirmed as objectives of the United 

20 States. 

21 (5) In recent years United States–Taiwan rela22 tions have suffered from inattention and lack of 

23 strategic vision, thereby requiring the Congress to 

24 both clarify United States policy toward Taiwan and 


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1 enhance its oversight role in the implementation of 

2 the Taiwan Relations Act. 

3 (6) In its China Military Power Report for 

4 2012, Taiwan’s Ministry of National Defense 

5 (MND) estimated that more than 1,600 ballistic and 

6 cruise missiles are now being aimed at Taiwan by 

7 the Second Artillery Corps of the People’s Republic 

8 of China and other experts suggest that this number 

9 could increase to 1,800 in the near future. 

10 (7) The anti-secession law, passed by the Na11 tional People’s Congress of the People’s Republic of 

12 China, was found by House Concurrent Resolution 

13 98, passed in the House of Representatives on 

14 March 16, 2005, by a vote of 424–4, ‘‘to create a 

15 legal framework for possible use of force against 

16 Taiwan’’ and ‘‘to provide a legal justification for the 

17 use of force against Taiwan, altering the status quo 

18 in the region, and thus is of grave concern to the 

19 United States.’’. 

20 (8) The legislative requirement to make avail21 able defense articles and defense services should in22 clude the provision of new F–16 C/D aircraft and 

23 upgrades of existing F–16 A/B aircraft essential to 

24 Taiwan’s security. 


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1 (9) The 2012 Department of Defense’s Annual 

2 Report to Congress on Military and Security Devel3 opments Involving the People’s Republic of China 

4 noted that ‘‘preparing for contingencies in the Tai5 wan Strait remains the principal focus and driver of 

6 much of China’s military investment. In this context, 

7 over the past year, the [People’s Liberation Army] 

8 continued to build the capabilities and develop the 

9 doctrine it considers necessary to deter Taiwan from 

10 declaring independence; to deter, delay, and deny ef11 fective U.S. intervention in a potential cross-Strait 

12 conflict; and to defeat Taiwan forces in the event of 

13 hostilities.’’. 

14 (10) The language contained in the Joint 

15 Communique ́ of the United States of America and 

16 the People’s Republic of China, dated August 17, 

17 1982, which states in part that ‘‘arms sales to Tai18 wan will not exceed, either in qualitative or in quan19 titative terms, the level of those supplied in recent 

20 years’’ shall not, to any degree, diminish the respon21 sibility of the United States, as legislatively man22 dated in the Taiwan Relations Act, to ‘‘make avail23 able to Taiwan such defense articles and defense 

24 services in such quantity as may be necessary to enVerDate Mar 15 2010 22:20 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H419.IH H419

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1 able Taiwan to maintain a sufficient self-defense ca2 pability.’’. 

3 (11) The United States has sought diplomati4 cally to preserve Taiwan’s international space, de5 spite outside pressure and coercion, and has sought 

6 to secure Taiwan’s meaningful participation in such 

7 international organizations as the World Health Or8 ganization (WHO). 

9 (12) Given the critical importance of airport se10 curity in a post-September 11th international envi11 ronment, the United States recognizes it is crucial 

12 for Taiwan to be admitted to meaningful participa13 tion in the International Civil Aviation Organization 

14 (ICAO) so that Taiwan may contribute to the suc15 cess of a global strategy to address aviation security 

16 threats based on effective international cooperation. 

17 (13) Recognizing that the Taiwan Relations Act 

18 stated that it is the policy of the United States ‘‘to 

19 preserve and promote extensive, close, and friendly 

20 commercial, cultural, and other relations between 

21 the people of the United States and the people on 

22 Taiwan’’ the Secretary of Homeland Security an23 nounced on October 2, 2012, ‘‘the designation of 

24 Taiwan into the Visa Waiver Program (VWP)’’ with 


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1 eligible Taiwan passport holders able to travel on the 

2 VWP beginning November 1, 2012. 

3 (14) The conclusion of the Economic Coopera4 tion Framework Agreement (ECFA) between Tai5 wan and the People’s Republic of China in June 

6 2010 or the adoption of any other cross-Strait eco7 nomic measures shall not diminish in any degree the 

8 requirement contained in the Act to ‘‘maintain the 

9 capacity of the United States to resist any resort to 

10 force or other forms of coercion that would jeop11 ardize the security, or the social or economic system, 

12 of the people on Taiwan.’’. 

13 (15) The theory recently put forward in certain 

14 academic circles that the United States should ac15 quiesce to China’s ascendancy in Asia and put aside 

16 the commitments made in the Taiwan Relations Act 

17 is based upon a false premise that ignores the exam18 ple of a democratic Taiwan, the historic ties of 

19 friendship of the peoples of the United States and 

20 Taiwan, and the determination of the United States 

21 to remain as a Pacific power. 

22 (16) Total United States–Taiwan trade in 2011 

23 was $67,200,000,000 and Taiwan was the 10th 

24 largest United States trading partner and the 6th 


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1 largest market for United States agricultural ex2 ports. 

3 (17) It is in the economic interests of the 

4 United States and the national security interests of 

5 Taiwan for the peoples of the United States and 

6 Taiwan to further strengthen and revitalize their 

7 trade and investment ties, including through an ex8 panded Trans-Pacific Partnership (TPP) Agreement 

9 or similar mechanism. 

10 SEC. 3. RULE OF CONSTRUCTION. 

11 Nothing in this Act shall be construed to amend or 

12 supersede the Taiwan Relations Act. 

13 TITLE I—POLITICAL RELATIONS 

14 SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN. 

15 The following shall be the policies of the United 

16 States: 

17 (1) Supporting Taiwan, Taiwan’s democracy, 

18 and the human rights of its people. 

19 (2) As noted in the Taiwan Relations Act, ‘‘the 

20 absence of diplomatic relations or recognition shall 

21 not affect the application of the laws of the United 

22 States with respect to Taiwan, and the laws of the 

23 United States shall apply with respect to Taiwan in 

24 the manner that the laws of the United States apVerDate Mar 15 2010 22:20 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H419.IH H419

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1 plied with respect to Taiwan prior to January 1, 

2 1979.’’. 

3 (3) The United States Government shall respect 

4 the right of the Taipei Economic and Cultural Rep5 resentative Office (TECRO) to display its flag on its 

6 premises and the American Institute in Taiwan 

7 (AIT) and the residence of its Director in Taipei 

8 shall, correspondingly, publicly display the United 

9 States flag in the same manner as United States 

10 embassies, consulates, and official residences 

11 throughout the world. 

12 (4) The Taipei Economic and Cultural Rep13 resentative Office and all other instrumentalities es14 tablished by Taiwan, including the Twin Oaks Es15 tate, may conduct official business activities, includ16 ing activities which involve participation by Members 

17 of the United States Congress and other representa18 tives of the Federal, State, and local governments, 

19 without any impediment from the United States 

20 Government or any foreign power. 

21 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) Visits by United States cabinet officials and 

24 other high-ranking visitors are an indicator of the 


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1 breadth and depth of ties between the United States 

2 and Taiwan. 

3 (2) In December 1992, United States Trade 

4 Representative Carla Hills visited Taiwan, marking 

5 the first cabinet-level visit since 1979. 

6 (3) Over the next 8 years the Administrator of 

7 the Small Business Administration, the Secretary of 

8 Energy, and 2 Secretaries of Transportation visited 

9 Taiwan. 

10 (4) No United States cabinet secretary has vis11 ited Taiwan since July 2000. 

12 (5) In March 2008, candidate Barack Obama 

13 wrote in a message congratulating Ma Ying-jeou on 

14 his election victory that ‘‘[t]he U.S. should reopen 

15 blocked channels of communication with Taiwan of16 ficials’’, however no Cabinet-level visits to Taiwan 

17 have yet taken place. 

18 (b) POLICY OF THE UNITED STATES.—It shall be the 

19 policy of the United States to encourage visits by cabinet20 level officials between the United States and Taiwan to 

21 foster commercial, technological, and people-to-people ex22 changes. 


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1 SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

2 TAIWAN. 

3 Notwithstanding the 1994 Taiwan policy review and 

4 current mandatory guidance from the Department of 

5 State regarding contacts with Taiwan, it shall be the pol6 icy of the United States to— 

7 (1) permit senior leaders of Taiwan to enter the 

8 United States under conditions which demonstrate 

9 appropriate courtesy and respect for the dignity of 

10 such leaders; 

11 (2) permit meetings between high-level Tai12 wanese and United States officials in all United 

13 States executive departments; 

14 (3) allow official travel to Taiwan for Depart15 ment of State and Department of Defense personnel 

16 above the rank of office director or, for uniformed 

17 military personnel, above the level of 06 (Colonel, 

18 Navy Captain); and 

19 (4) support a decision by Taiwan to change the 

20 name of the Taipei Economic and Cultural Rep21 resentative Office to that of the Taiwan Representa22 tive Office. 


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1 SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

2 AN INDIVIDUAL APPOINTED TO SERVE AS 

3 THE DIRECTOR OF THE AMERICAN INSTI4 TUTE IN TAIWAN. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the President shall appoint, by and with the 

7 advice and consent of the Senate, an individual to serve 

8 as the Director of the American Institute in Taiwan. 

9 (b) TRANSITION.—The individual serving as the Di10 rector of the American Institute in Taiwan as of the date 

11 of the enactment of this Act may continue to serve in such 

12 capacity until such time as an individual is appointed and 

13 confirmed in accordance with subsection (a). 

14 SEC. 105. EXTRADITION AGREEMENT. 

15 (a) IN GENERAL.—It shall be the policy of the United 

16 States to enhance judicial cooperation with Taiwan, cur17 rently conducted on the basis of the 2002 Agreement on 

18 Mutual Legal Assistance in Criminal Matters, by signing 

19 a comprehensive extradition agreement. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the President shall transmit to 

22 Congress a report that assesses whether a comprehensive 

23 extradition agreement between the United States and Tai24 wan may be submitted to the Senate for advice and con25 sent as a treaty or whether, because of Taiwan’s unique 

26 status, such agreement must be submitted to both the 


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1 House of Representatives and Senate for legislative ap2 proval. 

3 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

4 GUIDELINES IN CONDUCTING UNITED 

5 STATES–TAIWAN RELATIONS. 

6 Notwithstanding any communique ́s entered into be7 tween the United States and the People’s Republic of 

8 China, the United States continues to assent to the six 

9 assurances provided to Taiwan in July, 1982, including 

10 that the United States— 

11 (1) has not agreed to set a date for ending 

12 arms sales to Taiwan; 

13 (2) has not agreed to hold prior consultations 

14 with the People’s Republic of China on arms sales 

15 to Taiwan; 

16 (3) will not play any mediation role between 

17 Taipei and Beijing; 

18 (4) has not agreed to revise the Taiwan Rela19 tions Act; 

20 (5) has not altered its position regarding sov21 ereignty over Taiwan; and 

22 (6) will not exert pressure on Taiwan to nego23 tiate with the People’s Republic of China. 


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1 SEC. 107. INTERNATIONAL ORGANIZATIONS. 

2 (a) ANNUAL PROGRAM.—To provide Taiwan with the 

3 international space it requires to function effectively in the 

4 world community, the Secretary of State shall direct the 

5 Department of State to continue its annual program to 

6 ensure meaningful participation by Taiwan in the World 

7 Health Assembly in Geneva, Switzerland, as well as mean8 ingful participation for Taiwan in other relevant inter9 national organizations, such as the International Civil 

10 Aviation Organization (ICAO). 

11 (b) MEANINGFUL PARTICIPATION BY TAIWAN.—The 

12 Secretary of State shall direct the United States Perma13 nent Representative to the United Nations to use the 

14 voice, vote, and influence of the United States at the 

15 United Nations to ensure meaningful participation for 

16 Taiwan in relevant United Nations Entities in which Tai17 wan has expressed an interest in participating. 

18 SEC. 108. REPORT ON TAIWAN’S PARTICIPATION IN ICAO. 

19 (a) IN GENERAL.—The Secretary of State shall ini20 tiate a United States plan to endorse and obtain meaning21 ful participation for Taiwan at the periodic Assemblies 

22 held by the International Civil Aviation Organization 

23 (ICAO) in Montreal, Canada, including the 38th Assembly 

24 to be held in September–October 2013, and in the meet25 ings and activities of the ICAO and shall instruct the 


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1 United States delegation to Montreal to implement such 

2 plan. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act and annually thereafter, the 

5 Secretary of State shall submit to Congress a report con6 taining the plan required under subsection (a). 

7 (c) FORM.—The report required under subsection (b) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 (d) ANNUAL BRIEFING.—The Secretary of State 

11 should provide an annual briefing to or consult with Con12 gress on any efforts conducted by the United States Gov13 ernment in support of Taiwan’s progress toward meaning14 ful participation in the ICAO. 

15 TITLE II—SECURITY RELATIONS 

16 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

17 (a) MAINTENANCE OF SUFFICIENT SELF-DEFENSE

18 CAPABILITIES OF TAIWAN.—Congress finds that any de19 termination of the nature and quantity of defense articles 

20 or defense services to be made available to Taiwan that 

21 is made on any basis other than the defense needs of Tai22 wan, whether pursuant to the August 17, 1982, 

23 Communique ́ signed with the People’s Republic of China, 

24 or any similar executive agreement, order, or policy would 


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1 violate the intent of Congress specified in section 3(b) of 

2 the Taiwan Relations Act (22 U.S.C. 3302(b)). 

3 (b) FOREIGN MILITARY SALES AND LICENSED DE4 FENSE EXPORTS UNDER THE ARMS EXPORT CONTROL

5 ACT.—Congress finds that, in accordance with the Taiwan 

6 Relations Act, the core purpose of foreign military sales 

7 and licensed commercial exports under the Arms Export 

8 Control Act should be to assist Taiwan in its ability to— 

9 (1) deter coercion; 

10 (2) defend against a strategy of coercive diplo11 macy employing threats or limited force; 

12 (3) repel an invasion; and 

13 (4) partner with civil responders and friendly 

14 foreign militaries. 

15 (c) DEFENSE TRANSFERS.—In order to accomplish 

16 the purposes of this section, the President is authorized 

17 to make available to Taiwan defense articles or defense 

18 services, including the following: 

19 (1) Air and air defense capabilities, including— 

20 (A) low-cost, survivable sensors; 

21 (B) command and control systems; 

22 (C) modern surface to air missiles; 

23 (D) upgrades to existing modern combat 

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1 ing Vertical and Short Take-Off and Landing 

2 Aircraft (V/STOL); 

3 (E) radar, electronic warfare, and jamming 

4 capabilities; 

5 (F) passive defense measures (such as re6 dundancy, dispersal, camouflage/deception, 

7 hardening, and rapid repair capabilities); and 

8 (G) access to satellites for remote sensing 

9 and communication. 

10 (2) Maritime capabilities, including— 

11 (A) additional sensor capacity for com12 prehensive maritime domain awareness; 

13 (B) cost-effective submarines for anti-sur14 face, anti-submarine warfare, and other mis15 sions; 

16 (C) mines and mine countermeasure ves17 sels; and 

18 (D) anti-ship cruise missiles. 

19 (3) Ground capabilities, including— 

20 (A) layers, short-range air defense; 

21 (B) critical infrastructure protection to en22 sure continuity of government; 

23 (C) air mobility; 

24 (D) unmanned air vehicles; and 


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1 (E) accurate, GPS-guided short-range 

2 rockets. 

3 (4) Capacity for partnership with friendly for4 eign militaries, including— 

5 (A) command, control, communications, 

6 computers, intelligence, surveillance, and recon7 naissance situational awareness systems; 

8 (B) enhanced doctrine exchange; and 

9 (C) enhanced senior-level training. 

10 (d) RULE OF CONSTRUCTION RELATING TO ARMS

11 EXPORT CONTROL ACT.—Nothing in this section shall be 

12 construed to supersede or modify section 36 of the Arms 

13 Export Control Act (22 U.S.C. 2776). 

14 SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN. 

15 (a) STATEMENT OF POLICY.—Notwithstanding the 

16 upgrade of Taiwan’s F–16 A/B aircraft, Taiwan will expe17 rience a growing shortfall in fighter aircraft, particularly 

18 as its F–5 aircraft are retired from service. 

19 (b) AUTHORITY TO ACCEPT LETTER OF REQUEST.— 

20 Pursuant to the foreign military sales program authorized 

21 by the Arms Export Control Act, the President is author22 ized to accept a letter of request from Taiwan for price 

23 and availability data or for a formal sales offer with re24 spect to the F–16C/D Fighting Falcon multirole fighter 

25 aircraft or other aircraft of similar capability, as may be 


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1 necessary to enable Taiwan to maintain a sufficient self2 defense capability. 

3 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

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

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

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

7 Secretary of Defense, shall provide detailed briefings to 

8 Congress on— 

9 (1) any discussions conducted between any ex10 ecutive branch agency and the Government of Tai11 wan during a covered period; and 

12 (2) any potential transfer to the Government of 

13 Taiwan of defense articles or defense services. 

14 (b) DEFINITIONS.—In this section and section 201: 

15 (1) COVERED PERIOD.—The term ‘‘covered pe16 riod’’ means, with respect to— 

17 (A) the initial briefing required under sub18 section (a), the period beginning on the date of 

19 the enactment of this Act and ending on the 

20 date of such initial briefing; and 

21 (B) subsequent briefings required under 

22 such subsection, the period beginning on the 

23 day after the date of the most recent briefing 

24 and ending on the date of any such subsequent 

25 briefing. 


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1 (2) EXECUTIVE BRANCH AGENCY.—The term 

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

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

4 United States Code. 

5 (3) DEFENSE ARTICLE.—The term ‘‘defense ar6 ticle’’ has the meaning given such term in section 47 

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

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

9 service’’ has the meaning given such term in section 

10 47 of the Arms Export Control Act (22 U.S.C. 

11 2794). 

12 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

13 TAIWAN. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act and annually thereafter, 

16 the President shall transmit to Congress a report— 

17 (1) detailing each of Taiwan’s requests for pur18 chase of defense articles and defense services during 

19 the immediately preceding one-year period, whether 

20 submitted through a letter of request (LOR) or con21 veyed by other authoritative means, except that the 

22 first report under this section shall cover the period 

23 2006 through 2011; 

24 (2) describing the defense needs asserted by 

25 Taiwan as justification for such requests; 


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1 (3) describing the decisionmaking process used 

2 to reject, postpone, or modify any such request, in3 cluding— 

4 (A) with respect to significant military 

5 equipment, the country team assessment and 

6 recommendation as to whether the United 

7 States should sell such equipment; and 

8 (B) for each request, the elapse of time be9 tween the submission of such request and the 

10 completion of the interagency review process by 

11 the United States; and 

12 (4) detailing those defense articles and defense 

13 services listed in the Arms Sale Proposal described 

14 in section 25 of the Arms Export Control Act (22 

15 U.S.C. 2765), including a description of the ration16 ale for including or not including in such Proposal, 

17 as the case may be, all sales and licensed exports to 

18 Taiwan under such Act of major weapons or weap19 ons-related defense equipment for $7,000,000 or 

20 more, and the extent to which a decision to not in21 clude in such Proposal such sales to Taiwan is con22 sistent with such section. 

23 (b) FORM.—The report required under subsection (a) 

24 shall be submitted in unclassified form, but may contain 

25 a classified annex if necessary. 


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1 SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELA2 TIONS ACT. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the President shall sub5 mit to Congress a report on implementation of United 

6 States security policy under the Taiwan Relations Act. 

7 (b) MATTERS TO BE INCLUDED.—The report re8 quired under subsection (a) shall include, at a minimum, 

9 the following: 

10 (1) A review of the operational planning, policy 

11 reviews, and other preparations of the United States 

12 since 2000 to implement section 2(b)(6) and sub13 sections (a), (b), and (c) of section 3 of the Taiwan 

14 Relations Act, including the extent to which the 

15 United States retains the capacity to resist any re16 sort to force or other forms of coercion that would 

17 jeopardize the security, or the social or economic 

18 system, of the people of Taiwan. Such review shall 

19 take into account whether Taiwan’s air and air de20 fense forces retain the ability to effectively defend 

21 Taiwan against China’s ballistic missile and air 

22 threats, and the extent to which the absence of cred23 ible Taiwanese air defense forces may complicate the 

24 ability of the United States to resist any resort to 

25 force that jeopardizes the security of Taiwan. 


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1 (2) An evaluation of all gaps in relevant knowl2 edge about the capabilities and intentions of the 

3 People’s Republic of China as such capabilities and 

4 intentions might affect the current and future mili5 tary balance between Taiwan and China, such as 

6 anti-access and area denial capabilities as well as 

7 anti-satellite and space warfare developments, in8 cluding both classified United States intelligence in9 formation and Chinese open source writing. 

10 (c) FORM.—The report required under subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex if necessary. 

13 SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY. 

14 (a) TRANSFER BY SALE.—The President is author15 ized to transfer the OLIVER HAZARD PERRY class 

16 guided missile frigates USS TAYLOR (FFG–50), USS 

17 GARY (FFG–51), USS CARR (FFG–52), and USS 

18 ELROD (FFG–55) to the Taipei Economic and Cultural 

19 Representative Office of the United States (which is the 

20 Taiwan instrumentality designated pursuant to section 

21 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) 

22 on a sale basis under section 21 of the Arms Export Con23 trol Act (22 U.S.C. 2761). 

24 (b) COSTS OF TRANSFERS.—Any expense incurred by 

25 the United States in connection with a transfer authorized 


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1 by this section shall be charged to the recipient notwith2 standing section 516(e) of the Foreign Assistance Act of 

3 1961 (22 U.S.C. 2321j(e)). 

4 (c) REPAIR AND REFURBISHMENT IN UNITED

5 STATES SHIPYARDS.—To the maximum extent prac6 ticable, the President shall require, as a condition of the 

7 transfer of a vessel under this section, that the recipient 

8 to which the vessel is transferred have such repair or re9 furbishment of the vessel as is needed, before the vessel 

10 joins the naval forces of that recipient, performed at a 

11 shipyard located in the United States, including a United 

12 States Navy shipyard. 

13 (d) EXPIRATION OF AUTHORITY.—The authority to 

14 transfer a vessel under this section shall expire at the end 

15 of the 3-year period beginning on the date of the enact16 ment of this Act. 

17 TITLE III—ECONOMIC AND 

18 TRADE RELATIONS 

19 SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREE20 MENT. 

21 It is the sense of Congress that, at the earliest oppor22 tunity, the United States Trade Representative should 

23 seek to resume and successfully conclude negotiations of 

24 economic issues in the Trade and Investment Framework 

25 Agreement (TIFA) talks with Taiwan. 


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•HR 419 IH

1 SEC. 302. FREE TRADE AGREEMENT. 

2 (a) IN GENERAL.—It is the sense of Congress that 

3 the ultimate goal of trade negotiations with Taiwan should 

4 be the negotiation of a free trade agreement with Taiwan. 

5 As building blocks toward that goal, the United States 

6 should study the feasibility of negotiating with Taiwan a 

7 bilateral— 

8 (1) investment agreement; and 

9 (2) tax agreement. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of enactment of this Act, the President shall transmit to 

12 Congress a report that assesses whether economic and 

13 trade agreements between the United States and Taiwan 

14 may be submitted to the Senate for advice and consent 

15 as a treaty or whether, because of Taiwan’s unique status, 

16 such agreements must be submitted to both the House of 

17 Representatives and Senate for legislative approval. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS