IIA
105TH CONGRESS
1ST SESSION
H. R. 2386
IN THE SENATE OF THE UNITED STATES
NOVEMBER 7, 1997
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To implement the provisions of the Taiwan Relations Act
concerning the stability and security of Taiwan and Unit-
ed States cooperation with Taiwan on the development
and acquisition of defensive military articles.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States-Taiwan
Anti-Ballistic Missile Defense Cooperation Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The stability and security of Taiwan and
the balance of power in the Taiwan Strait are key
elements for the continued peace and stability of the
greater Asia-Pacific region, and the indefinite con-
tinuation of such stability and security and balance
of power is in the vital national security interest of
the United States.
(2) The People’s Republic of China is currently
engaged in a comprehensive military modernization
campaign that is enhancing the power-projection ca-
pabilities of the People’s Liberation Army, including
the introduction of advanced ballistic and cruise mis-
siles that could alter the current balance of power in
the Taiwan Strait and in the greater Asia-Pacific re-
gion.
(3) The current lack of transparency in the
People’s Republic of China military infrastructure
and its associated defense establishment and the
opaqueness of the comprehensive efforts of the Peo-
ple’s Liberation Army to modernize its ballistic and
cruise missile programs could spark a regional arms
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race that would destabilize the East Asia and West-
ern Pacific regions and threaten vital United States
national security interests.
(4) In March 1996, the People’s Liberation
Army created a temporary, but de facto, blockade of
both the international shipping lanes of the Taiwan
Strait and the international airspace around Taiwan
by conducting live-fire military exercises which in-
cluded the launch of several advanced, nuclear-capa-
ble M–9 ballistic missiles to target areas close to
major ports in both the northern and southern areas
of Taiwan.
(5) In March 1996, the locations of People’s
Liberation Army military activities and M–9 missile
target areas nearby to Taiwan’s two largest ports,
Keelung and Kaohsiung, created a de facto blockade
of the Taiwan Strait, international waters and air-
space, interfered with United States and inter-
national shipping and aviation, and impinged upon
the national security interests of the United States,
requiring the immediate deployment of two United
States aircraft carrier battle groups to the South
China Sea.
(6) The actions of the People’s Liberation Army
in such close proximity to Taiwan were deliberate at-
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tempts to disrupt Taiwan’s social and economic sta-
bility and were carried out as attempts to intimidate
the people of Taiwan during the period leading up
to Taiwan’s historic first democratic presidential
election.
(7) The early development and deployment of
an effective United States theater missile defense
system to the Asia-Pacific region, and the adjust-
ment of United States policy to include Taiwan, in-
cluding the Penghu Islands, Kinmen, and Matsu,
under the protection of such defense system, would
be prudent and appropriate responses to—
(A) the refusal by the People’s Republic of
China to renounce the use of force to determine
the future of Taiwan;
(B) the nature of the military threat of the
People’s Republic of China posed by the in-
creased focus of the People’s Liberation Army
on advanced missile development; and
(C) the demonstrated intent of the Govern-
ment of the People’s Republic of China to use
live-fire military exercises and ballistic missile
tests against the people and Government of
Taiwan as tools of so-called coercive diplomacy.
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(8) The early deployment of a United States
theater anti-ballistic missile system in the Asia-Pa-
cific region would maintain a balance of power in the
Taiwan Strait and deter the People’s Republic of
China from resorting to military intimidation tactics
to coerce or manipulate the people and freely elected
Government of Taiwan in the future.
(9) While Taiwan is currently acquiring a local
aircraft and ballistic and cruise missile defense capa-
bility in the form of the Modified Air Defense Sys-
tem (MADS), a larger portion of Taiwan’s territory
and population would be protected if this system
were expanded to include a defense of the Taichung
region, Kaohsiung, the Penghu Islands, Kinmen,
and Matsu from limited ballistic missile attacks and
a deterrent against the threat and use of force
against Taiwan by the People’s Liberation Army to
achieve the political goals of the core leadership of
the People’s Republic of China.
(10) Taiwan has requested further United
States cooperation on missile defense, including the
conduct of a joint architecture study of the require-
ments for the establishment and operation of a mis-
sile defense system for Taiwan, including the
Penghu Islands, Kinmen, and Matsu.
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(11) On June 9, 1898, the ‘‘Convention Re-
specting an Extension of Hong Kong Territory’’ was
agreed to between representatives of the govern-
ments of Great Britain and China to lease the New
Territories for the period of 99 years beginning on
July 1, 1898.
(12) On December 19, 1984, the ‘‘Sino-British
Joint Declaration’’, agreed to between representa-
tives of the governments of Great Britain and China,
established the terms for the return to China on
July 1, 1997, of the Hong Kong area (including the
Hong Kong Island, Kowloon, and the New Terri-
tories (hereafter in this resolution referred to as
‘‘Hong Kong’’).
(13) No treaties exist between the People’s Re-
public of China and Taiwan which determine the fu-
ture status of Taiwan.
(14) The People’s Republic of China attempts
to apply to Taiwan the formula commonly known as
‘‘one country, two systems’’ in an effort to annex
Taiwan to China.
(15) The People’s Republic of China has re-
fused to renounce the use of force against Taiwan
and held military exercises in the Taiwan Strait in
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March 1996 in an attempt to intimidate the people
of Taiwan in their first presidential elections.
(16) The Taiwan Relations Act states that ‘‘[i]t
is the policy of the United States . . . to consider
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’’.
SEC. 3. STUDY AND REPORT RELATING TO ESTABLISH-
MENT AND OPERATION OF A THEATER BAL-
LISTIC MISSILE DEFENSE SYSTEM IN THE
ASIA-PACIFIC REGION.
(a) STUDY.—The Secretary of Defense shall carry
out a study of the architecture requirements for the estab-
lishment and operation of a theater ballistic missile de-
fense system in the Asia-Pacific region that would have
the capability to protect Taiwan from ballistic missile at-
tacks. The study shall include a description of appropriate
measures by which the United States would cooperate with
Taiwan and provide Taiwan with an advanced local-area
ballistic missile defense system.
(b) REPORT.—Not later than July 1, 1998, the Sec-
retary of Defense shall submit to the Committee on Na-
tional Security of the House of Representatives and the
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Committee on Armed Services of the Senate a report con-
taining—
(1) the results of the study conducted under
subsection (a);
(2) the factors used to obtain such results;
(3) a description of any existing United States
missile defense system that could be transferred to
Taiwan in accordance with the Taiwan Relations Act
in order to allow Taiwan to provide for its self-de-
fense against limited ballistic missile attacks.
(c) FORM OF REPORT.—The report under subsection
(b) shall be submitted in both classified and unclassified
form.
SEC. 4. TRANSFER OF BALLISTIC MISSILE DEFENSE SYS-
TEMS TO TAIWAN.
It is the sense of the Congress that the President,
if requested by the Government of Taiwan and in accord-
ance with the results of the study conducted under section
3, should transfer to the Government of Taiwan appro-
priate defense articles or defense services under the for-
eign military sales program under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) for the pur-
pose of establishing and operating a local-area ballistic
missile defense system to protect Taiwan, including the
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Penghu Islands, Kinmen, and Matsu, against limited bal-
listic missile attacks.
SEC. 5. STATEMENT OF POLICY RELATING TO UNITED
STATES THEATER MISSILE DEFENSES FOR
THE ASIA-PACIFIC REGION.
The Congress declares that it is in the national inter-
est of the United States that Taiwan be included in any
effort at ballistic missile defense cooperation, networking,
or interoperability with friendly and allied nations in the
Asia-Pacific region.
SEC. 6. SENSE OF THE CONGRESS URGING THE PRESIDENT
TO MAKE CLEAR TO THE PEOPLE’S REPUBLIC
OF CHINA THE COMMITMENT OF THE AMER-
ICAN PEOPLE TO SECURITY AND DEMOC-
RACY IN TAIWAN.
It is the sense of the Congress that the Clinton Ad-
ministration should make clear to the leadership of the
People’s Republic of China, the American people’s firm
commitment for security and democracy for the people of
Taiwan and that the United States fully expects that the
resolution of security issues on both sides of the Taiwan
Strait will be resolved by peaceful means.
SEC. 7. ADDITIONAL SENSE OF THE CONGRESS REGARDING
TAIWAN.
It is the sense of the Congress that—
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(1) the transfer of Hong Kong to the People’s
Republic of China does not alter the current and fu-
ture status of Taiwan;
(2) the future of Taiwan should be determined
by peaceful means through a democratic process;
and
(3) the United States, in accordance with the
Taiwan Relations Act and the constitutional proc-
esses of the United States, should assist in the de-
fense of Taiwan in case of threats or military attack
by the People’s Republic of China against Taiwan.
Passed the House of Representatives November 6,
1997.
Attest:
ROBIN H. CARLE,
Clerk.