Union Calendar No. 179
105TH CONGRESS
1ST SESSION
H. R. 2386
[Report No. 105–308, Part I]
A BILL
To implement the provisions of the Taiwan Rela-
tions Act concerning the stability and security of
Taiwan and United States cooperation with Tai-
wan on the development and acquisition of defen-
sive military articles.
OCTOBER 6, 1997
The Committee on National Security discharged; commit-
ted to the Committee of the Whole House on the State
of the Union and ordered to be printed
IB
Union Calendar No. 179
105TH CONGRESS
1ST SESSION
H. R. 2386
[Report No. 105–308, Part I]
To implement the provisions of the Taiwan Relations Act concerning the
stability and security of Taiwan and United States cooperation with
Taiwan on the development and acquisition of defensive military articles.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 3, 1997
Mr. HUNTER (for himself, Mr. COX of California, Mr. GIBBONS, Mr. GILMAN,
Mr. SAM JOHNSON of Texas, Mr. MCINTOSH, Mr. ROHRABACHER, Mr.
ROYCE, Mr. SHADEGG, Mr. SMITH of New Jersey, Mr. SOLOMON, and
Mr. SPENCE) introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the Committee
on National Security, 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
OCTOBER 6, 1997
Additional sponsors: Mr. HYDE and Mr. WOLF
OCTOBER 6, 1997
Reported from the Committee on International Relations with an amendment
OCTOBER 6, 1997
Referred to the Committee on National Security extended for a period ending
not later than October 6, 1997
OCTOBER 6, 1997
The Committee on National Security discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 3, 1997]
A BILL
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,
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 ele-
ments 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 Peo-
ple’s Republic of China military infrastructure and
its associated defense establishment and the opaque-
ness of the comprehensive efforts of the People’s Lib-
eration Army to modernize its ballistic and cruise
missile programs could spark a regional arms race
that would destabilize the East Asia and Western Pa-
cific regions and threaten vital United States na-
tional 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-capable
M–9 ballistic missiles to target areas close to major
ports in both the northern and southern areas of Tai-
wan.
(5) In March 1996, the locations of People’s Lib-
eration 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-
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 elec-
tion.
(7) The early development and deployment of an
effective United States theater missile defense system
to the Asia-Pacific region, and the adjustment of
United States policy to include Taiwan, including the
Penghu Islands, Kinmen, and Matsu, under the pro-
tection 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 Tai-
wan as tools of so-called coercive diplomacy.
(8) The early deployment of a United States the-
ater anti-ballistic missile system in the Asia-Pacific
region would maintain a balance of power in the Tai-
wan Strait and deter the People’s Republic of China
from resorting to military intimidation tactics to co-
erce or manipulate the people and freely-elected Gov-
ernment of Taiwan in the future.
(9) Taiwan’s local air-defense capability pro-
vided by the United States Modified Air Defense Sys-
tem (MADS) is not adequate for the task of defending
local areas of Taiwan, including the Penghu Islands,
Kinmen, and Matsu, from limited ballistic missile at-
tacks or deterring 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 requirements for
the establishment and operation of a missile defense
system for Taiwan, including the Penghu Islands,
Kinmen, and Matsu.
SEC. 3. STUDY AND REPORT RELATING TO ESTABLISHMENT
AND OPERATION OF A THEATER BALLISTIC
MISSILE DEFENSE SYSTEM IN THE ASIA-PA-
CIFIC REGION.
(a) STUDY.—The Secretary of Defense shall carry out
a study of the architecture requirements for the establish-
ment and operation of a theater ballistic missile defense sys-
tem in the Asia-Pacific region that would have the capabil-
ity to protect Taiwan from ballistic missile attacks. 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 National
Security of the House of Representatives and the Committee
on Armed Services of the Senate a report containing—
(1) the results of the study conducted under sub-
section (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 accordance
with the results of the study conducted under section 3,
should transfer to the Government of Taiwan appropriate
defense articles or defense services under the foreign mili-
tary sales program under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.) for the purpose of es-
tablishing and operating a local-area ballistic missile de-
fense system to protect Taiwan, including the Penghu Is-
lands, Kinmen, and Matsu, against limited ballistic 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 interest
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 DEMOCRACY
IN TAIWAN.
It is the sense of the Congress that the Clinton Admin-
istration 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.