I 

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. 

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 2011’’. 


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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, here5 after referred to as ‘‘the Act,’’ has continued for 32 

6 years to be the cornerstone of United States-Taiwan 

7 relations and has served as an anchor for peace and 

8 security in the Western Pacific 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 October 2010, Taiwan’s National Secu4 rity Bureau (NSB) Director estimated that China 

5 had 1,410 missiles across from Taiwan, mostly in 

6 the southeast, which constitute a threat to regional 

7 security, and other experts suggest that this number 

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

9 (7) The anti-secession law, passed by the Na10 tional People’s Congress of the People’s Republic of 

11 China, was found by House Concurrent Resolution 

12 98, passed in the House of Representatives on 

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

14 legal framework for possible use of force against 

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

16 use of force against Taiwan, altering the status quo 

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

18 United States.’’. 

19 (8) The legislative requirement to make avail20 able defensive articles and services should include 

21 the provision of new F–16 C/D aircraft and up22 grades of the existing F–16 A/B fleet essential to 

23 Taiwan’s security. 

24 (9) The 2011 Department of Defense’s Annual 

25 Report to Congress on ‘‘Military and Security DevelVerDate Mar 15 2010 07:17 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918

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1 opments Involving the People’s Republic of China’’ 

2 noted that the People’s Liberation Army ‘‘seeks the 

3 capability to deter Taiwan independence and influ4 ence Taiwan to settle the dispute on Beijing’s 

5 terms’’ while ‘‘developing capabilities intended to 

6 deter, delay, or deny possible U.S. support for the 

7 island in the event of conflict. The balance of cross8 Strait military forces and capabilities continues to 

9 shift in the mainland’s favor.’’. 

10 (10) The language contained in the Joint 

11 Communique ́ of the United States of America and 

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

13 1982, which states in part that ‘‘arms sales to Tai14 wan will not exceed, either in qualitative or in quan15 titative terms, the level of those supplied in recent 

16 years’’ shall not, to any degree, diminish the respon17 sibility of the United States, as legislatively man18 dated in the Taiwan Relations Act, to ‘‘make avail19 able to Taiwan such defense articles and defense 

20 services in such quantity as may be necessary to en21 able Taiwan to maintain a sufficient self-defense ca22 pability.’’. 

23 (11) The United States has sought diplomati24 cally to preserve Taiwan’s international space, de25 spite outside pressure and coercion, and has sought 


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1 to secure Taiwan’s meaningful participation in such 

2 international organizations as the World Health Or3 ganization (WHO). 

4 (12) Given the critical importance of airport se5 curity in a post-September 11th international envi6 ronment, the United States recognizes it is crucial 

7 for Taiwan to be admitted to meaningful participa8 tion in the International Civil Aviation Organization 

9 (ICAO) so that Taiwan may contribute to the suc10 cess of a global strategy to address aviation security 

11 threats based on effective international cooperation. 

12 (13) Given that the Taiwan Relations Act 

13 states that it is the policy of the United States to 

14 ‘‘preserve and promote extensive, close, and friendly 

15 commercial, cultural, and other relations between 

16 the people of the United States and the people on 

17 Taiwan,’’ the Department of Homeland Security 

18 should therefore make it a priority to ascertain what 

19 requirements must be met for Taiwan’s inclusion, at 

20 an early date, in the visa waiver program (VWP) in 

21 order to further enhance those commercial, cultural 

22 and other relations addressed in the Act. 

23 (14) The conclusion of the Economic Coopera24 tion Framework Agreement (ECFA) between Tai25 wan and the People’s Republic of China in June 


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1 2010 or the adoption of any other cross-Strait eco2 nomic measures shall not diminish in any degree the 

3 requirement contained in the Act to ‘‘maintain the 

4 capacity of the United States to resist any resort to 

5 force or other forms of coercion that would jeop6 ardize the security, or the social or economic system, 

7 of the people on Taiwan.’’. 

8 (15) The theory recently put forward in certain 

9 academic circles that the United States should ac10 quiesce to China’s ascendancy in Asia and put aside 

11 the commitments made in the Taiwan Relations Act 

12 is based upon a false premise that ignores the exam13 ple of a democratic Taiwan, the historic ties of 

14 friendship of the peoples of the United States and 

15 Taiwan, and the determination of the United States 

16 to remain as a Pacific power. 

17 (16) Total United States-Taiwan trade was ap18 proximately $57,000,000,000 in 2010, and Taiwan 

19 currently ranks as the ninth largest trading partner 

20 of the United States. 

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

22 United States and the national security interests of 

23 Taiwan for our two peoples to further strengthen 

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1 cluding through an expanded Trans Pacific Partner2 ship (TPP) Agreement or similar mechanism. 

3 SEC. 3. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to amend or 

5 supersede the Taiwan Relations Act. 

6 TITLE I—POLITICAL RELATIONS 

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

8 The following shall be the policies of the United 

9 States: 

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

11 and the human rights of its people. 

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

13 absence of diplomatic relations or recognition shall 

14 not affect the application of the laws of the United 

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

16 United States shall apply with respect to Taiwan in 

17 the manner that the laws of the United States ap18 plied with respect to Taiwan prior to January 1, 

19 1979.’’. 

20 (3) The United States Government shall respect 

21 the right of the Taipei Economic and Cultural Rep22 resentative Office (TECRO) to display its flag on its 

23 premises and the American Institute in Taiwan 

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

25 shall, correspondingly, publicly display the United 


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1 States flag in the same manner as United States 

2 embassies, consulates, and official residences 

3 throughout the world. 

4 (4) The Taipei Economic and Cultural Rep5 resentative Office and all other instrumentalities es6 tablished by Taiwan, including the Twin Oaks Es7 tate, may conduct official business activities, includ8 ing activities which involve participation by Members 

9 of the United States Congress and other representa10 tives of the Federal, State, and local governments, 

11 without any impediment from the United States 

12 Government or any foreign power. 

13 SEC. 102. VISITS BY CABINET LEVEL OFFICIALS. 

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

15 (1) Visits by United States cabinet officials and 

16 other high-ranking visitors are an indicator of the 

17 breadth and depth of ties between the United States 

18 and Taiwan. 

19 (2) In December 1992, U.S. Trade Representa20 tive Carla Hills visited Taiwan, marking the first 

21 cabinet-level visit since 1979. 

22 (3) Over the next 8 years the administrator of 

23 the U.S. Small Business Administration, the Sec24 retary of Energy, and 2 Secretaries of Transpor25 tation visited Taiwan. 


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1 (4) No United States cabinet secretary has vis2 ited Taiwan since July 2000. 

3 (5) In March 2008, candidate Barack Obama 

4 wrote in a message congratulating Ma Ying-jeou on 

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

6 blocked channels of communication with Taiwan of7 ficials’’, yet no Cabinet-level visits to Taiwan have 

8 yet taken place. 

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

10 policy of the United States to encourage visits by cabinet11 level officials between the United States and Taiwan to 

12 foster commercial, technological, and people-to-people ex13 changes. 

14 SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH 

15 TAIWAN. 

16 Notwithstanding the 1994 Taiwan policy review and 

17 current mandatory guidance from the Department of 

18 State regarding contacts with Taiwan, it shall be the pol19 icy of the United States to— 

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

21 United States under conditions which demonstrate 

22 appropriate courtesy and respect for the dignity of 

23 such leaders; 


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1 (2) permit meetings between high level Tai2 wanese and United States officials in all United 

3 States executive departments; 

4 (3) allow official travel to Taiwan for Depart5 ment of State and Department of Defense personnel 

6 above the rank of office director or, for uniformed 

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

8 Navy Captain); and 

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

10 name of the Taipei Economic and Cultural Rep11 resentative Office to that of the Taiwan Representa12 tive Office. 

13 SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF 

14 AN INDIVIDUAL APPOINTED TO SERVE AS 

15 THE DIRECTOR OF THE AMERICAN INSTI16 TUTE IN TAIWAN. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the President shall appoint, by and with the 

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

20 as the Director of the American Institute in Taiwan. 

21 (b) TRANSITION.—The individual serving as the Di22 rector of the American Institute in Taiwan as of the date 

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

24 capacity until such time as an individual is appointed and 

25 confirmed in accordance with subsection (a). 


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1 SEC. 105. EXTRADITION AGREEMENT. 

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

3 States to enhance judicial cooperation with Taiwan, cur4 rently conducted on the basis of the 2002 Agreement on 

5 Mutual Legal Assistance in Criminal Matters, by signing 

6 a comprehensive extradition agreement. 

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

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

9 Congress a report that assesses whether a comprehensive 

10 extradition greement between the United States and Tai11 wan may be submitted to the Senate for advice and con12 sent as a treaty or whether, because of Taiwan’s unique 

13 status, such agreement must be submitted to both the 

14 House of Representatives and Senate for legislative ap15 proval. 

16 SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS 

17 GUIDELINES IN CONDUCTING UNITED 

18 STATES-TAIWAN RELATIONS. 

19 Notwithstanding any communique ́s entered into be20 tween the United States and the People’s Republic of 

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

22 assurances provided to Taiwan in July, 1982, including 

23 that the United States— 

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

25 arms sales to Taiwan; 


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1 (2) has not agreed to hold prior consultations 

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

3 to Taiwan; 

4 (3) will not play any mediation role between 

5 Taipei and Beijing; 

6 (4) has not agreed to revise the Taiwan Rela7 tions Act; 

8 (5) has not altered its position regarding sov9 ereignty over Taiwan; and 

10 (6) will not exert pressure on Taiwan to nego11 tiate with the People’s Republic of China. 

12 SEC. 107. INTERNATIONAL ORGANIZATIONS. 

13 To provide Taiwan with the international space it re14 quires to function effectively in the world community, the 

15 Secretary of State shall direct the Department of State 

16 to continue its annual program to ensure meaningful par17 ticipation by Taiwan in the World Health Assembly in Ge18 neva, Switzerland, as well as meaningful participation for 

19 Taiwan in other relevant international organizations, such 

20 as the International Civil Aviation Organization (ICAO). 

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

22 (a) IN GENERAL.—The Secretary of State shall ini23 tiate a United States plan to endorse and obtain meaning24 ful participation for Taiwan at the periodic Assemblies 

25 held by the International Civil Aviation Organization 


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1 (ICAO) in Montreal, Canada, and in the meetings and ac2 tivities of the ICAO and shall instruct the United States 

3 delegation to Montreal to implement such plan. 

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

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

6 Secretary of State shall submit to Congress a report con7 taining the plan required under subsection (a). 

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

9 shall be submitted in unclassified form, but may contain 

10 a classified annex if necessary. 

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

12 should provide an annual briefing to or consult with Con13 gress on any efforts conducted by the United States Gov14 ernment in support of Taiwan’s progress toward meaning15 ful participation in the ICAO. 

16 TITLE II—SECURITY RELATIONS 

17 SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN. 

18 (a) MAINTENANCE OF SUFFICIENT SELF-DEFENSE

19 CAPABILITIES OF TAIWAN.—Congress finds that any de20 termination of the nature and quantity of defense articles 

21 or defense services to be made available to Taiwan that 

22 is made on any basis other than the defense needs of Tai23 wan, whether pursuant to the August 17, 1982, 

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

25 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 items or defense serv18 ices, 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 Pursuant to the foreign military sales program au16 thorized by the Arms Export Control Act, it shall be the 

17 policy of the United States to accept a letter of request 

18 from Taiwan for price and availability data or for a formal 

19 sales offer with respect to the F–16C/D Fighting Falcon 

20 multirole fighter aircraft. 

21 SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES. 

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

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

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


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1 Secretary of Defense, shall provide detailed briefings to 

2 Congress on— 

3 (1) any discussions conducted between any ex4 ecutive branch agency and the Government of Tai5 wan during a covered period; and 

6 (2) any potential transfer to the Government of 

7 Taiwan of defense articles or defense services. 

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

9 (1) COVERED PERIOD.—The term ‘‘covered pe10 riod’’ means, with respect to— 

11 (A) the initial briefing required under sub12 section (a), the period beginning on the date of 

13 the enactment of this Act and ending on the 

14 date of such initial briefing; and 

15 (B) subsequent briefings required under 

16 such subsection, the period beginning on the 

17 day after the date of the most recent briefing 

18 and ending on the date of any such subsequent 

19 briefing. 

20 (2) EXECUTIVE BRANCH AGENCY.—The term 

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

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

23 United States Code. 


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1 (3) DEFENSE ARTICLE.—The term ‘‘defense ar2 ticle’’ has the meaning given such term in section 47 

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

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

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

6 47 of the Arms Export Control Act (22 U.S.C. 

7 2794). 

8 SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO 

9 TAIWAN. 

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

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

12 the President shall transmit to Congress a report— 

13 (1) detailing each of Taiwan’s requests for pur14 chase of defense articles and defense services during 

15 the immediately preceding one-year period, whether 

16 submitted through a letter of request (LOR) or con17 veyed by other authoritative means, except that the 

18 first report under this section shall cover the period 

19 2006 through 2011; 

20 (2) describing the defense needs asserted by 

21 Taiwan as justification for such requests; 

22 (3) describing the decision making process used 

23 to reject, postpone, or modify any such request, in24 cluding— 


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1 (A) with respect to significant military 

2 equipment, the country team assessment and 

3 recommendation as to whether the United 

4 States should sell such equipment; and 

5 (B) for each request, the elapse of time be6 tween the submission of such request and the 

7 completion of the interagency review process by 

8 the United States; and 

9 (4) detailing those defense articles and defense 

10 services listed in the Arms Sale Proposal described 

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

12 U.S.C. 2765), including a description of the ration13 ale for including or not including in such Proposal, 

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

15 Taiwan under such Act of major weapons or weap16 ons-related defense equipment for $7,000,000 or 

17 more, and the extent to which a decision to not in18 clude in such Proposal such sales to Taiwan is con19 sistent with such section. 

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

21 shall be submitted in unclassified form, but may contain 

22 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 issues: 

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 People’s Republic of China’s capabili3 ties and intentions as such might affect the current 

4 and future military balance between Taiwan and 

5 China, such as anti-access and area denial capabili6 ties as well as anti-satellite and space warfare devel7 opments, including both classified United States in8 telligence information and Chinese open source writ9 ing. 

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 TITLE III—ECONOMIC AND 

14 TRADE RELATIONS 

15 SEC. 301. VISA WAIVER TREATMENT FOR TAIWANESE TRAV16 ELERS TO THE UNITED STATES. 

17 (a) STATEMENT OF POLICY.—It shall be the policy 

18 of the United States to include Taiwan in the list of coun19 tries that participate in the visa waiver program under 

20 section 217 of the Immigration and Nationality Act (8 

21 U.S.C. 1187) when Taiwan satisfies the requirements for 

22 inclusion in such program specified in such section. 

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

24 of enactment of this Act, the Secretary of State shall sub25 mit to the Committee on Foreign Affairs and the ComVerDate Mar 15 2010 07:17 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918

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1 mittee on Homeland Security of the House of Representa2 tives and the Committee on Foreign Relations and the 

3 Committee on Homeland Security and Governmental Af4 fairs of the Senate a report on the extent to which Taiwan 

5 satisfies the requirements specified in section 217 of the 

6 Immigration and Nationality Act for inclusion in the visa 

7 waiver program under such section and what additional 

8 steps, if any, are required in order for Taiwan to qualify 

9 for inclusion in such program. 

10 SEC. 302. TRADE AND INVESTMENT FRAMEWORK AGREE11 MENT. 

12 It is the sense of Congress that, at the earliest oppor13 tunity, the United States Trade Representative should 

14 seek to resume and successfully conclude negotiations of 

15 economic issues in the Trade and Investment Framework 

16 Agreement (TIFA) talks with Taiwan. 

17 SEC. 303. FREE TRADE AGREEMENT. 

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

19 the ultimate goal of trade negotiations with Taiwan should 

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

21 As building blocks toward that goal, the United States 

22 should study the feasibility of negotiating with Taiwan a 

23 bilateral— 

24 (1) investment agreement; and 

25 (2) tax agreement. 


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

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

3 Congress a report that assesses whether economic and 

4 trade agreements between the United States and Taiwan 

5 may be submitted to the Senate for advice and consent 

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

7 such agreements must be submitted to both the House of 

8 Representatives and Senate for legislative approval. 

Æ 


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