China from resorting to military intimidation tactics
to coerce or manipulate the people and freely-elected
Government of Taiwan in the future.
(9) Taiwan’s local air-defense capability pro-
vided by the United States Modified Air Defense
System (MADS) is not adequate for the task of de-
fending local areas of Taiwan, including the Penghu
Islands, Kinmen, and Matsu, from limited ballistic
missile attacks or deterring the threat and use of
force against Taiwan by the People’s Liberation
Army to achieve the political goals of the core lead-
ership 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.
SEC. 3. APPLICABILITY OF TAIWAN RELATIONS ACT.
Section 3 of the Taiwan Relations Act (22 U.S.C.
3302) is amended by adding at the end the following new
subsection:
‘‘(d) The provisions of subsections (a) and (b) super-
sede any provision of the Joint Communique of the United
States and China of August 17, 1982.’’.
SEC. 4. 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
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. 5. 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
4, 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
Penghu Islands, Kinmen, and Matsu, against limited bal-
listic missile attacks.
SEC. 6. 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.
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