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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2918 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2918

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

                           September 14, 2011

    Ms. Ros-Lehtinen (for herself, Mr. Chabot, Mr. Diaz-Balart, Mr. 
Andrews, Mr. Royce, and Mr. Burton of Indiana) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
 addition to the Committees on the Judiciary and 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taiwan Policy Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
        3301 et seq.), enacted in 1979, hereafter referred to as ``the 
        Act,'' has continued for 32 years to be the cornerstone of 
        United States-Taiwan relations and has served as an anchor for 
        peace and security in the Western Pacific region.
            (2) The Taiwan Relations Act, in furthering the national 
        interests of the United States in the Western Pacific region, 
        has mandated that the United States will make available to 
        Taiwan such defense articles and defense services in such 
        quantity as may be necessary to enable Taiwan to maintain a 
        sufficient self-defense capability, thus allowing the people of 
        Taiwan to preserve a peaceful, democratic, and prosperous way 
        of life.
            (3) The future of Taiwan must be determined in a peaceful 
        manner and with the assent of the people of Taiwan.
            (4) The Taiwan Relations Act declares that--
                    (A) peace and stability in the Western Pacific area 
                are in the political, security, and economic interests 
                of the United States, and are matters of international 
                concern;
                    (B) the United States decision to establish 
                diplomatic relations with the People's Republic of 
                China rests upon the expectation that the future of 
                Taiwan will be determined by peaceful means;
                    (C) the United States considers any effort to 
                determine the future of Taiwan by other than peaceful 
                means, including by boycotts or embargoes, a threat to 
                the peace and security of the Western Pacific area and 
                of grave concern to the United States;
                    (D) the United States will maintain the capacity to 
                resist any resort to force or other forms of coercion 
                that would jeopardize the security, or the social or 
                economic system, of the people on Taiwan; and
                    (E) the preservation and enhancement of the human 
                rights of all the people on Taiwan are reaffirmed as 
                objectives of the United States.
            (5) In recent years United States-Taiwan relations have 
        suffered from inattention and lack of strategic vision, thereby 
        requiring the Congress to both clarify United States policy 
        toward Taiwan and enhance its oversight role in the 
        implementation of the Taiwan Relations Act.
            (6) In October 2010, Taiwan's National Security Bureau 
        (NSB) Director estimated that China had 1,410 missiles across 
        from Taiwan, mostly in the southeast, which constitute a threat 
        to regional security, and other experts suggest that this 
        number could increase to 1,800 in the near future.
            (7) The anti-secession law, passed by the National People's 
        Congress of the People's Republic of China, was found by House 
        Concurrent Resolution 98, passed in the House of 
        Representatives on March 16, 2005, by a vote of 424-4, ``to 
        create a legal framework for possible use of force against 
        Taiwan'' and ``to provide a legal justification for the use of 
        force against Taiwan, altering the status quo in the region, 
        and thus is of grave concern to the United States.''.
            (8) The legislative requirement to make available defensive 
        articles and services should include the provision of new F-16 
        C/D aircraft and upgrades of the existing F-16 A/B fleet 
        essential to Taiwan's security.
            (9) The 2011 Department of Defense's Annual Report to 
        Congress on ``Military and Security Developments Involving the 
        People's Republic of China'' noted that the People's Liberation 
        Army ``seeks the capability to deter Taiwan independence and 
        influence Taiwan to settle the dispute on Beijing's terms'' 
        while ``developing capabilities intended to deter, delay, or 
        deny possible U.S. support for the island in the event of 
        conflict. The balance of cross-Strait military forces and 
        capabilities continues to shift in the mainland's favor.''.
            (10) The language contained in the Joint Communique of the 
        United States of America and the People's Republic of China, 
        dated August 17, 1982, which states in part that ``arms sales 
        to Taiwan will not exceed, either in qualitative or in 
        quantitative terms, the level of those supplied in recent 
        years'' shall not, to any degree, diminish the responsibility 
        of the United States, as legislatively mandated in the Taiwan 
        Relations Act, to ``make available to Taiwan such defense 
        articles and defense services in such quantity as may be 
        necessary to enable Taiwan to maintain a sufficient self-
        defense capability.''.
            (11) The United States has sought diplomatically to 
        preserve Taiwan's international space, despite outside pressure 
        and coercion, and has sought to secure Taiwan's meaningful 
        participation in such international organizations as the World 
        Health Organization (WHO).
            (12) Given the critical importance of airport security in a 
        post-September 11th international environment, the United 
        States recognizes it is crucial for Taiwan to be admitted to 
        meaningful participation in the International Civil Aviation 
        Organization (ICAO) so that Taiwan may contribute to the 
        success of a global strategy to address aviation security 
        threats based on effective international cooperation.
            (13) Given that the Taiwan Relations Act states that it is 
        the policy of the United States to ``preserve and promote 
        extensive, close, and friendly commercial, cultural, and other 
        relations between the people of the United States and the 
        people on Taiwan,'' the Department of Homeland Security should 
        therefore make it a priority to ascertain what requirements 
        must be met for Taiwan's inclusion, at an early date, in the 
        visa waiver program (VWP) in order to further enhance those 
        commercial, cultural and other relations addressed in the Act.
            (14) The conclusion of the Economic Cooperation Framework 
        Agreement (ECFA) between Taiwan and the People's Republic of 
        China in June 2010 or the adoption of any other cross-Strait 
        economic measures shall not diminish in any degree the 
        requirement contained in the Act to ``maintain the capacity of 
        the United States to resist any resort to force or other forms 
        of coercion that would jeopardize the security, or the social 
        or economic system, of the people on Taiwan.''.
            (15) The theory recently put forward in certain academic 
        circles that the United States should acquiesce to China's 
        ascendancy in Asia and put aside the commitments made in the 
        Taiwan Relations Act is based upon a false premise that ignores 
        the example of a democratic Taiwan, the historic ties of 
        friendship of the peoples of the United States and Taiwan, and 
        the determination of the United States to remain as a Pacific 
        power.
            (16) Total United States-Taiwan trade was approximately 
        $57,000,000,000 in 2010, and Taiwan currently ranks as the 
        ninth largest trading partner of the United States.
            (17) It is in the economic interests of the United States 
        and the national security interests of Taiwan for our two 
        peoples to further strengthen and revitalize their trade and 
        investment ties, including through an expanded Trans Pacific 
        Partnership (TPP) Agreement or similar mechanism.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to amend or supersede the 
Taiwan Relations Act.

                      TITLE I--POLITICAL RELATIONS

SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN.

    The following shall be the policies of the United States:
            (1) Supporting Taiwan, Taiwan's democracy, and the human 
        rights of its people.
            (2) As noted in the Taiwan Relations Act, ``the absence of 
        diplomatic relations or recognition shall not affect the 
        application of the laws of the United States with respect to 
        Taiwan, and the laws of the United States shall apply with 
        respect to Taiwan in the manner that the laws of the United 
        States applied with respect to Taiwan prior to January 1, 
        1979.''.
            (3) The United States Government shall respect the right of 
        the Taipei Economic and Cultural Representative Office (TECRO) 
        to display its flag on its premises and the American Institute 
        in Taiwan (AIT) and the residence of its Director in Taipei 
        shall, correspondingly, publicly display the United States flag 
        in the same manner as United States embassies, consulates, and 
        official residences throughout the world.
            (4) The Taipei Economic and Cultural Representative Office 
        and all other instrumentalities established by Taiwan, 
        including the Twin Oaks Estate, may conduct official business 
        activities, including activities which involve participation by 
        Members of the United States Congress and other representatives 
        of the Federal, State, and local governments, without any 
        impediment from the United States Government or any foreign 
        power.

SEC. 102. VISITS BY CABINET LEVEL OFFICIALS.

    (a) Findings.--Congress finds the following:
            (1) Visits by United States cabinet officials and other 
        high-ranking visitors are an indicator of the breadth and depth 
        of ties between the United States and Taiwan.
            (2) In December 1992, U.S. Trade Representative Carla Hills 
        visited Taiwan, marking the first cabinet-level visit since 
        1979.
            (3) Over the next 8 years the administrator of the U.S. 
        Small Business Administration, the Secretary of Energy, and 2 
        Secretaries of Transportation visited Taiwan.
            (4) No United States cabinet secretary has visited Taiwan 
        since July 2000.
            (5) In March 2008, candidate Barack Obama wrote in a 
        message congratulating Ma Ying-jeou on his election victory 
        that ``[t]he U.S. should reopen blocked channels of 
        communication with Taiwan officials'', yet no Cabinet-level 
        visits to Taiwan have yet taken place.
    (b) Policy of the United States.--It shall be the policy of the 
United States to encourage visits by cabinet-level officials between 
the United States and Taiwan to foster commercial, technological, and 
people-to-people exchanges.

SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH TAIWAN.

    Notwithstanding the 1994 Taiwan policy review and current mandatory 
guidance from the Department of State regarding contacts with Taiwan, 
it shall be the policy of the United States to--
            (1) permit senior leaders of Taiwan to enter the United 
        States under conditions which demonstrate appropriate courtesy 
        and respect for the dignity of such leaders;
            (2) permit meetings between high level Taiwanese and United 
        States officials in all United States executive departments;
            (3) allow official travel to Taiwan for Department of State 
        and Department of Defense personnel above the rank of office 
        director or, for uniformed military personnel, above the level 
        of 06 (Colonel, Navy Captain); and
            (4) support a decision by Taiwan to change the name of the 
        Taipei Economic and Cultural Representative Office to that of 
        the Taiwan Representative Office.

SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF AN INDIVIDUAL 
              APPOINTED TO SERVE AS THE DIRECTOR OF THE AMERICAN 
              INSTITUTE IN TAIWAN.

    (a) In General.--Notwithstanding any other provision of law, the 
President shall appoint, by and with the advice and consent of the 
Senate, an individual to serve as the Director of the American 
Institute in Taiwan.
    (b) Transition.--The individual serving as the Director of the 
American Institute in Taiwan as of the date of the enactment of this 
Act may continue to serve in such capacity until such time as an 
individual is appointed and confirmed in accordance with subsection 
(a).

SEC. 105. EXTRADITION AGREEMENT.

    (a) In General.--It shall be the policy of the United States to 
enhance judicial cooperation with Taiwan, currently conducted on the 
basis of the 2002 Agreement on Mutual Legal Assistance in Criminal 
Matters, by signing a comprehensive extradition agreement.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the President shall transmit to Congress a report that 
assesses whether a comprehensive extradition greement between the 
United States and Taiwan may be submitted to the Senate for advice and 
consent as a treaty or whether, because of Taiwan's unique status, such 
agreement must be submitted to both the House of Representatives and 
Senate for legislative approval.

SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS GUIDELINES IN 
              CONDUCTING UNITED STATES-TAIWAN RELATIONS.

    Notwithstanding any communiques entered into between the United 
States and the People's Republic of China, the United States continues 
to assent to the six assurances provided to Taiwan in July, 1982, 
including that the United States--
            (1) has not agreed to set a date for ending arms sales to 
        Taiwan;
            (2) has not agreed to hold prior consultations with the 
        People's Republic of China on arms sales to Taiwan;
            (3) will not play any mediation role between Taipei and 
        Beijing;
            (4) has not agreed to revise the Taiwan Relations Act;
            (5) has not altered its position regarding sovereignty over 
        Taiwan; and
            (6) will not exert pressure on Taiwan to negotiate with the 
        People's Republic of China.

SEC. 107. INTERNATIONAL ORGANIZATIONS.

    To provide Taiwan with the international space it requires to 
function effectively in the world community, the Secretary of State 
shall direct the Department of State to continue its annual program to 
ensure meaningful participation by Taiwan in the World Health Assembly 
in Geneva, Switzerland, as well as meaningful participation for Taiwan 
in other relevant international organizations, such as the 
International Civil Aviation Organization (ICAO).

SEC. 108. REPORT ON TAIWAN'S PARTICIPATION IN ICAO.

    (a) In General.--The Secretary of State shall initiate a United 
States plan to endorse and obtain meaningful participation for Taiwan 
at the periodic Assemblies held by the International Civil Aviation 
Organization (ICAO) in Montreal, Canada, and in the meetings and 
activities of the ICAO and shall instruct the United States delegation 
to Montreal to implement such plan.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of State 
shall submit to Congress a report containing the plan required under 
subsection (a).
    (c) Form.--The report required under subsection (b) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.
    (d) Annual Briefing.--The Secretary of State should provide an 
annual briefing to or consult with Congress on any efforts conducted by 
the United States Government in support of Taiwan's progress toward 
meaningful participation in the ICAO.

                      TITLE II--SECURITY RELATIONS

SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN.

    (a) Maintenance of Sufficient Self-Defense Capabilities of 
Taiwan.--Congress finds that any determination of the nature and 
quantity of defense articles or defense services to be made available 
to Taiwan that is made on any basis other than the defense needs of 
Taiwan, whether pursuant to the August 17, 1982, Communique signed with 
the People's Republic of China, or any similar executive agreement, 
order, or policy would violate the intent of Congress specified in 
section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)).
    (b) Foreign Military Sales and Licensed Defense Exports Under the 
Arms Export Control Act.--Congress finds that, in accordance with the 
Taiwan Relations Act, the core purpose of foreign military sales and 
licensed commercial exports under the Arms Export Control Act should be 
to assist Taiwan in its ability to--
            (1) deter coercion;
            (2) defend against a strategy of coercive diplomacy 
        employing threats or limited force;
            (3) repel an invasion; and
            (4) partner with civil responders and friendly foreign 
        militaries.
    (c) Defense Transfers.--In order to accomplish the purposes of this 
section, the President is authorized to make available to Taiwan 
defense items or defense services, including the following:
            (1) Air and air defense capabilities, including--
                    (A) low-cost, survivable sensors;
                    (B) command and control systems;
                    (C) modern surface to air missiles;
                    (D) upgrades to existing modern combat aircraft as 
                well as new combat aircraft, including Vertical and 
                Short Take-Off and Landing Aircraft (V/STOL);
                    (E) radar, electronic warfare, and jamming 
                capabilities;
                    (F) passive defense measures (such as redundancy, 
                dispersal, camouflage/deception, hardening, and rapid 
                repair capabilities); and
                    (G) access to satellites for remote sensing and 
                communication;
            (2) Maritime capabilities, including--
                    (A) additional sensor capacity for comprehensive 
                maritime domain awareness;
                    (B) cost-effective submarines for anti-surface, 
                anti-submarine warfare, and other missions;
                    (C) mines and mine countermeasure vessels; and
                    (D) anti-ship cruise missiles.
            (3) Ground capabilities, including--
                    (A) layers, short-range air defense;
                    (B) critical infrastructure protection to ensure 
                continuity of government;
                    (C) air mobility;
                    (D) unmanned air vehicles; and
                    (E) accurate, GPS-guided short-range rockets.
            (4) Capacity for partnership with friendly foreign 
        militaries, including--
                    (A) command, control, communications, computers, 
                intelligence, surveillance, and reconnaissance 
                situational awareness systems;
                    (B) enhanced doctrine exchange; and
                    (C) enhanced senior-level training.
    (d) Rule of Construction Relating to Arms Export Control Act.--
Nothing in this section shall be construed to supersede or modify 
section 36 of the Arms Export Control Act (22 U.S.C. 2776).

SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN.

    Pursuant to the foreign military sales program authorized by the 
Arms Export Control Act, it shall be the policy of the United States to 
accept a letter of request from Taiwan for price and availability data 
or for a formal sales offer with respect to the F-16C/D Fighting Falcon 
multirole fighter aircraft.

SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES.

    (a) Briefings.--Not later than 90 days after the date of the 
enactment of this Act and at least annually thereafter, the Secretary 
of State, in consultation with the Secretary of Defense, shall provide 
detailed briefings to Congress on--
            (1) any discussions conducted between any executive branch 
        agency and the Government of Taiwan during a covered period; 
        and
            (2) any potential transfer to the Government of Taiwan of 
        defense articles or defense services.
    (b) Definitions.--In this section and section 201:
            (1) Covered period.--The term ``covered period'' means, 
        with respect to--
                    (A) the initial briefing required under subsection 
                (a), the period beginning on the date of the enactment 
                of this Act and ending on the date of such initial 
                briefing; and
                    (B) subsequent briefings required under such 
                subsection, the period beginning on the day after the 
                date of the most recent briefing and ending on the date 
                of any such subsequent briefing.
            (2) Executive branch agency.--The term ``executive branch 
        agency'' has the meaning given the term ``agency'' in section 
        551(1) of title 5, United States Code.
            (3) Defense article.--The term ``defense article'' has the 
        meaning given such term in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).
            (4) Defense service.--The term ``defense service'' has the 
        meaning given such term in section 47 of the Arms Export 
        Control Act (22 U.S.C. 2794).

SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO TAIWAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the President shall 
transmit to Congress a report--
            (1) detailing each of Taiwan's requests for purchase of 
        defense articles and defense services during the immediately 
        preceding one-year period, whether submitted through a letter 
        of request (LOR) or conveyed by other authoritative means, 
        except that the first report under this section shall cover the 
        period 2006 through 2011;
            (2) describing the defense needs asserted by Taiwan as 
        justification for such requests;
            (3) describing the decision making process used to reject, 
        postpone, or modify any such request, including--
                    (A) with respect to significant military equipment, 
                the country team assessment and recommendation as to 
                whether the United States should sell such equipment; 
                and
                    (B) for each request, the elapse of time between 
                the submission of such request and the completion of 
                the interagency review process by the United States; 
                and
            (4) detailing those defense articles and defense services 
        listed in the Arms Sale Proposal described in section 25 of the 
        Arms Export Control Act (22 U.S.C. 2765), including a 
        description of the rationale for including or not including in 
        such Proposal, as the case may be, all sales and licensed 
        exports to Taiwan under such Act of major weapons or weapons-
        related defense equipment for $7,000,000 or more, and the 
        extent to which a decision to not include in such Proposal such 
        sales to Taiwan is consistent with such section.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.

SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELATIONS ACT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
on implementation of United States security policy under the Taiwan 
Relations Act.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include, at a minimum, the following issues:
            (1) A review of the operational planning, policy reviews, 
        and other preparations of the United States since 2000 to 
        implement section 2(b)(6) and subsections (a), (b), and (c) of 
        section 3 of the Taiwan Relations Act, including the extent to 
        which the United States retains the capacity to resist any 
        resort to force or other forms of coercion that would 
        jeopardize the security, or the social or economic system, of 
        the people of Taiwan. Such review shall take into account 
        whether Taiwan's air and air defense forces retain the ability 
        to effectively defend Taiwan against China's ballistic missile 
        and air threats, and the extent to which the absence of 
        credible Taiwanese air defense forces may complicate the 
        ability of the United States to resist any resort to force that 
        jeopardizes the security of Taiwan.
            (2) An evaluation of all gaps in relevant knowledge about 
        the People's Republic of China's capabilities and intentions as 
        such might affect the current and future military balance 
        between Taiwan and China, such as anti-access and area denial 
        capabilities as well as anti-satellite and space warfare 
        developments, including both classified United States 
        intelligence information and Chinese open source writing.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.

                TITLE III--ECONOMIC AND TRADE RELATIONS

SEC. 301. VISA WAIVER TREATMENT FOR TAIWANESE TRAVELERS TO THE UNITED 
              STATES.

    (a) Statement of Policy.--It shall be the policy of the United 
States to include Taiwan in the list of countries that participate in 
the visa waiver program under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187) when Taiwan satisfies the requirements 
for inclusion in such program specified in such section.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit to the Committee on 
Foreign Affairs and the Committee on Homeland Security of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on the extent to which Taiwan satisfies the requirements 
specified in section 217 of the Immigration and Nationality Act for 
inclusion in the visa waiver program under such section and what 
additional steps, if any, are required in order for Taiwan to qualify 
for inclusion in such program.

SEC. 302. TRADE AND INVESTMENT FRAMEWORK AGREEMENT.

    It is the sense of Congress that, at the earliest opportunity, the 
United States Trade Representative should seek to resume and 
successfully conclude negotiations of economic issues in the Trade and 
Investment Framework Agreement (TIFA) talks with Taiwan.

SEC. 303. FREE TRADE AGREEMENT.

    (a) In General.--It is the sense of Congress that the ultimate goal 
of trade negotiations with Taiwan should be the negotiation of a free 
trade agreement with Taiwan. As building blocks toward that goal, the 
United States should study the feasibility of negotiating with Taiwan a 
bilateral--
            (1) investment agreement; and
            (2) tax agreement.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the President shall transmit to Congress a report that 
assesses whether economic and trade agreements between the United 
States and Taiwan may be submitted to the Senate for advice and consent 
as a treaty or whether, because of Taiwan's unique status, such 
agreements must be submitted to both the House of Representatives and 
Senate for legislative approval.
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