Calendar No. 503
106TH CONGRESS
2D SESSION
H. R. 1838
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2000
Received
APRIL 12, 2000
Read the first time
APRIL 13, 2000
Read the second time and placed on the calendar
AN ACT
To assist in the enhancement of the security of Taiwan,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1838 PCS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Taiwan Security En-
hancement Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1949, the close relationship between
the United States and Taiwan has been of enormous
benefit to both societies.
(2) In recent years, Taiwan has undergone a
major political transformation, and Taiwan is today
a true multiparty democracy with a political system
separate from and totally unlike that of the People’s
Republic of China.
(3) The economy of Taiwan is based upon free
market principles and is separate and distinct from
the People’s Republic of China.
(4) Although on January 1, 1979, the United
States Government withdrew diplomatic recognition
of the government on Taiwan as the legitimate gov-
ernment of China, neither at that time nor since has
the United States Government adopted a formal po-
sition as to the ultimate status of Taiwan other than
to state that status must be decided by peaceful
means. Any determination of the ultimate status of
Taiwan must have the express consent of the people
on Taiwan.
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(5) The People’s Republic of China refuses to
renounce the use of force against democratic Tai-
wan.
(6) The Taiwan Relations Act has been instru-
mental in maintaining peace, security, and stability
in the Taiwan Strait and the Western Pacific since
its enactment in 1979.
(7) The Taiwan Relations Act (Public Law 96–
8) states that—
(A) peace and stability in the Taiwan
Strait area are in the political, security, and
economic interests of the United States and are
of international concern;
(B) the decision of the United States to es-
tablish 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 would consider any
effort to determine the future of Taiwan by
other than peaceful means, including boycotts
or embargoes, a threat to the peace and secu-
rity of the Western Pacific region and of grave
concern to the United States;
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(D) the United States will maintain the ca-
pacity to resist any form of coercion that jeop-
ardizes the security, or the social or economic
system, of the people of Taiwan; and
(E) the preservation and enhancement of
the human rights of all people on Taiwan are
objectives of the United States.
(8) The Taiwan Relations Act establishes on
the part of the United States a continuing connec-
tion with and concern for Taiwan and its people.
Continued adherence to the Act will help Taiwan to
maintain its democracy free of coercion and to safe-
guard its people from the use of force against them.
Furthermore, the maintenance by Taiwan of forces
adequate for its defense is in the interest of the
United States in that it helps to maintain peace in
the Western Pacific region.
(9) The military modernization and weapons
procurement efforts by the People’s Republic of
China, as documented in the February 1, 1999, re-
port by the Secretary of Defense on ‘‘The Security
Situation in the Taiwan Strait’’, could threaten
cross-Strait stability and United States interests in
the Asia-Pacific region.
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(10) The Taiwan Relations Act provides explicit
guarantees that the United States will make avail-
able defense articles and services necessary in such
quantity as may be necessary to enable Taiwan to
maintain a sufficient self-defense capability.
(11) The Taiwan Relations Act requires timely
reviews by United States military authorities of Tai-
wan’s defense needs in connection with recommenda-
tions to the President and the Congress.
(12) Congress and the President are committed
by the Taiwan Relations Act to determine the nature
and quantity of Taiwan’s legitimate self-defense
needs.
(13) It is the policy of the United States to re-
ject any attempt to curb the provision by the United
States of defense articles and services legitimately
needed for Taiwan’s self-defense.
(14) In accordance with the Taiwan Relations
Act, the United States has, since 1979, sold defen-
sive weapons to Taiwan, and such sales have helped
Taiwan maintain its autonomy and freedom. The
Congress supports the continued provision of addi-
tional defense articles and defense services in ac-
cordance with the Taiwan Relations Act.
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(15) It is in the national interest of the United
States to eliminate ambiguity and convey with clar-
ity continued United States support for Taiwan, its
people, and their ability to maintain their democracy
free from coercion and their society free from the
use of force against them. Lack of clarity could lead
to unnecessary misunderstandings or confrontations
between the United States and the People’s Republic
of China, with grave consequences for the security of
the Western Pacific region.
(16) A possible consequence of such ambiguity
and lack of clarity was the People’s Republic of Chi-
na’s decision to conduct military exercises and live
fire missile tests in the Taiwan Strait in March
1996, necessitating House Concurrent Resolution
148, approved by the House of Representatives by a
vote of 369–14 on March 19, 1996, and by the Sen-
ate by a vote of 97–0 on March 21, 1996, which
stated that ‘‘the United States, in accordance with
the Taiwan Relations Act and the constitutional
process of the United States, and consistent with its
friendship with and commitment to the democratic
government and people of Taiwan, should assist in
defending them against invasion, missile attack, or
blockade by the People’s Republic of China.’’. Imme-