A bill to direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and for other purposes.
Bill: S.812 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: International Affairs

Summary:
This bill directs the Department of State to include additional information in its annual reports concerning Taiwan's participation at the World Health Organization's World Health Assembly (WHA) as an observer. The report shall describe changes and improvements to the State Department's plan to support Taiwan's observer status at the WHA, following any meetings at which Taiwan did not participate under such status. (China has opposed Taiwan's participation in the WHA.)

[117th Congress Public Law 124]
[From the U.S. Government Publishing Office]


                                     

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Public Law 117-124
117th Congress

                                 An Act


 
    To direct the Secretary of State to develop a strategy to regain 
  observer status for Taiwan in the World Health Organization, and for 
           other purposes. <<NOTE: May 13, 2022 -  [S. 812]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. PARTICIPATION OF TAIWAN IN THE WORLD HEALTH 
                              ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
            (1) The World Health Organization (WHO) is a specialized 
        agency of the United Nations, charged with coordinating health 
        efforts within the United Nations system. The World Health 
        Assembly (WHA) is the decision-making body of the WHO, which 
        convenes annually in May to set the policies and priorities of 
        the organization. Statehood is not a requirement for attendance 
        at the WHA, and numerous observers, including non-members and 
        non-governmental organizations, attended the most recent virtual 
        WHA in May 2020.
            (2) Taiwan began seeking to participate in the WHO as an 
        observer in 1997. In 2009, with strong support from successive 
        United States Administrations, Congress, and like-minded WHO 
        Member States, and during a period of improved Cross-Strait 
        relations, Taiwan received an invitation to attend the WHA as an 
        observer under the name ``Chinese Taipei''. Taiwan received the 
        same invitation each year until 2016, when following the 
        election of President Tsai-Ing Wen of the Democratic Progressive 
        Party, Taiwan's engagement in the international community began 
        facing increased resistance from the People's Republic of China 
        (PRC). Taiwan's invitation to the 2016 WHA was received late and 
        included new language conditioning Taiwan's participation on the 
        PRC's ``one China principle''. The WHO did not invite Taiwan to 
        attend the WHA as an observer in 2017, 2018, 2019, or 2020.
            (3) Taiwan remains a model contributor to world health, 
        having provided financial and technical assistance to respond to 
        numerous global health challenges. Taiwan has invested over 
        $6,000,000,000 in international medical and humanitarian aid 
        efforts impacting over 80 countries since 1996. In 2014, Taiwan 
        responded to the Ebola crisis by donating $1,000,000 and 
        providing 100,000 sets of personal protective equipment. Through 
        the Global Cooperation and Training Framework, the United States 
        and Taiwan have jointly conducted training programs for experts 
        to combat MERS, Dengue Fever, and Zika. In 2020, after 
        successfully containing the spread of the novel

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        coronavirus within its borders while upholding democratic 
        principles, Taiwan generously donated millions of pieces of 
        personal protective equipment and COVID-19 tests to countries in 
        need. These diseases know no borders, and Taiwan's needless 
        exclusion from global health cooperation increases the dangers 
        presented by global pandemics.
            (4) Taiwan's international engagement has faced increased 
        resistance from the PRC. Taiwan was not invited to the 2016 
        Assembly of the International Civil Aviation Organization 
        (ICAO), despite participating as a guest at the organization's 
        prior summit in 2013. Taiwan's requests to participate in the 
        General Assembly of the International Criminal Police 
        Organization (INTERPOL) have also been rejected. In May 2017, 
        PRC delegates disrupted a meeting of the Kimberley Process on 
        conflict diamonds held in Perth, Australia, until delegates from 
        Taiwan were asked to leave. Since 2016, the Democratic Republic 
        of Sao Tome and Principe, the Republic of Panama, the Dominican 
        Republic, Burkina Faso, the Republic of El Salvador, the Solomon 
        Islands, and the Republic of Kiribati have terminated 
        longstanding diplomatic relationships with Taiwan and granted 
        diplomatic recognition to the PRC.
            (5) Congress has established a policy of support for 
        Taiwan's participation in international bodies that address 
        shared transnational challenges, particularly in the WHO. 
        Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in the 
        107th Congress, and S. 2092 in the 108th Congress to direct the 
        Secretary of State to establish a strategy for, and to report 
        annually to Congress on, efforts to obtain observer status for 
        Taiwan at the WHA. Congress also passed H.R. 1151 in the 113th 
        Congress, directing the Secretary to report on a strategy to 
        gain observer status for Taiwan at the ICAO Assembly, and H.R. 
        1853 in the 114th Congress, directing the Secretary to report on 
        a strategy to gain observer status for Taiwan at the INTERPOL 
        Assembly. However, since 2016, Taiwan has not received an 
        invitation to attend any of these events as an observer.

    (b) Augmentation of Report Concerning the Participation of Taiwan in 
the World Health Organization.--
            (1) In general.--Subsection (c) of section 1 of the Act 
        entitled, ``To address the participation of Taiwan in the World 
        Health Organization'' (Public Law 108-235; 22 U.S.C. 290 note) 
        is amended by adding at the end the following new paragraph:
            ``(3) An account of the changes and improvements the 
        Secretary of State has made to the United States plan to endorse 
        and obtain observer status for Taiwan at the World Health 
        Assembly, following any annual meetings of the World Health 
        Assembly at which Taiwan did not obtain observer status.''.
            (2) <<NOTE: Applicability. 22 USC 290 note.>>  Effective 
        date.--The amendment made by paragraph (1) shall take effect and 
        apply beginning with the first report required under subsection 
        (c) of section 1 of the Act entitled, ``To address the 
        participation of Taiwan in the World Health

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        Organization'' (Public Law 108-235; 22 U.S.C. 290 note) that is 
        submitted after the date of the enactment of this Act.

    Approved May 13, 2022.

LEGISLATIVE HISTORY--S. 812:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Aug. 6, considered and passed 
                                        Senate.
                                                        Vol. 168 (2022):
                                    Apr. 27, considered and passed 
                                        House.

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