[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5902 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5902
To establish a Congressional Advisory Commission on the Implementation
of United States Policy under the Taiwan Relations Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2012
Mr. Andrews introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish a Congressional Advisory Commission on the Implementation
of United States Policy under the Taiwan Relations Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.), enacted in 1979, has continued for 33 years to
be the cornerstone of United States-Taiwan relations and has
served as an anchor for peace and security in the Western
Pacific region.
(2) The Taiwan Relations Act declares that it is the policy
of the United States--
(A) to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations
between the people of the United States and the people
on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area;
(B) to declare that peace and stability in the area
are in the political, security, and economic interests
of the United States, and are matters of international
concern;
(C) to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means;
(D) 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;
(E) to provide Taiwan with arms of a defensive
character; and
(F) to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan.
(3) Nothing contained in the Taiwan Relations Act shall
contravene the interest of the United States in human rights,
especially with respect to the human rights of all the
approximately 23,000,000 inhabitants of Taiwan. The
preservation and enhancement of the human rights of all the
people on Taiwan are hereby reaffirmed as objectives of the
United States.
(4) The Taiwan Relations Act, in furthering the national
interests of the United States in the Western Pacific region,
has mandated that the United States will make available to
Taiwan such defense articles and defense services in such
quantity as may be necessary to enable Taiwan to maintain a
sufficient self-defense capability, thus allowing the people of
Taiwan to preserve a peaceful, democratic, and prosperous way
of life.
(5) The future of Taiwan must be determined in a peaceful
manner and with the assent of the people of Taiwan.
(6) The anti-secession law, passed by the National People's
Congress of the People's Republic of China, was found by House
Concurrent Resolution 98, passed in the House of
Representatives on March 16, 2005, ``to provide a legal
justification for the use of force against Taiwan, altering the
status quo in the region, and thus is of grave concern to the
United States.''.
(7) The 2011 Department of Defense's Annual Report to
Congress on ``Military and Security Developments Involving the
People's Republic of China'' noted that the People's Liberation
Army ``seeks the capability to deter Taiwan independence and
influence Taiwan to settle the dispute on Beijing's terms''
while ``developing capabilities intended to deter, delay, or
deny possible U.S. support for the island in the event of
conflict. The balance of cross-Strait military forces and
capabilities continues to shift in the mainland's favor.''. The
report also states the PLA has deployed between 1,000 and 1,200
short-range ballistic missiles (SRBM) to units opposite Taiwan.
(8) The United States has sought diplomatically to preserve
Taiwan's international space, and has sought to secure Taiwan's
meaningful participation in such international organizations as
the World Health Organization (WHO).
(9) The total value of trade between the United States and
Taiwan in 2011 was approximately 67,200,000,000, and Taiwan
ranked as the 10th largest trading partner of the United
States.
(10) Given that the Taiwan Relations Act states that it is
the policy of the United States to ``preserve and promote
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the
people on Taiwan,'' it is in the economic interests of the
United States and the national security interests of Taiwan for
our two peoples to further strengthen their trade and
investment ties.
(b) Purpose.--The purpose of this Act is to establish a commission
to review and report to Congress on the implementation of the Taiwan
Relations Act and on United States policy in regard to Taiwan since
2000.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Congressional
Advisory Commission on the Implementation of United States Policy under
the Taiwan Relations Act.
SEC. 3. DUTIES.
The Commission shall--
(1) assess the sufficiency of defense articles and services
made available to Taiwan by the United States for the purpose
of maintaining Taiwan's self-defense capability, including
whether Taiwan's air and air defense forces retain the ability
to effectively defend Taiwan against the ballistic missile and
air threats posed by the People's Republic of China;
(2) review the operational planning, policy reviews, and
other preparations of the United States since 2000 to implement
section 2(b)(6) and subsections (a), (b), and (c) of section 3
of the Taiwan Relations Act, and evaluate the compliance of
these processes with the requirements of section 3(2) of the
Taiwan Relations Act and the Six Assurances provided to Taiwan
in July 1982;
(3) identify current and potential threats to the security,
social, or economic system of the people on Taiwan, and assess
the extent to which the United States retains the capability to
resist any resort to force or other forms of coercion that
would jeopardize the security, social, or economic system, of
the people on Taiwan;
(4) evaluate the sufficiency and effectiveness of measures
undertaken by the United States since 2000 to continue and
promote extensive commercial, cultural, and other relations
between the people of the United States and the people on
Taiwan, and recommend future steps for strengthening trade and
investment ties with Taiwan in furtherance of the United States
national economic and security interests;
(5) review the measures undertaken by the United States
since 2000 with regard to the preservation and enhancement of
the human rights of all the people on Taiwan, including the
strengthening of democratic governance and rule of law in
accordance with section 2(3) of the Taiwan Relations Act;
(6) identify and recommend available United States policy
options to assist Taiwan in broadening its international space,
including Taiwan's ability to participate meaningfully in the
World Health Organization and other international
organizations, and to ensure that the future of Taiwan will be
determined by peaceful means, taking into account the forms and
effectiveness of any coercive strategies undertaken by the
People's Republic of China to undermine Taiwan's freedom of
action; and
(7) make findings and recommendations on available policy
options for the United States to advance toward a normalization
of the relationship with the Government of Taiwan, including
the desirability of such measures as the resumption of visits
by cabinet-level officials between the United States and Taiwan
and requiring the advice and consent of the Senate for the
individual appointed by the President to serve as the Director
of the American Institute in Taiwan.
SEC. 4. COMPOSITION.
(a) Members.--The Commission shall be composed of five members, of
whom--
(1) one member shall be appointed by the President;
(2) one member shall be appointed by the majority leader of
the Senate;
(3) one member shall be appointed by the Speaker of the
House of Representatives;
(4) one member shall be appointed by the minority leader of
the Senate; and
(5) one member shall be appointed by the minority leader of
the House of Representatives.
(b) Deadline for Appointment.--All members of the Commission should
be appointed within 90 days after the date of enactment of this Act.
(c) Qualifications.--
(1) In general.--All members of the Commission shall be
persons who are especially qualified to serve on the Commission
by virtue of their education, training, or experience in the
field of foreign policy, national security, military affairs,
or East Asian politics.
(2) Political party affiliation.--Not more than three
members of the Commission may be members of or affiliated with
the same political party.
(d) Chairperson.--The Commission shall select a Chairperson from
among its members.
(e) Vacancies.--If a vacancy occurs in the membership of the
Commission, it shall be filled in the manner in which the original
appointment was made.
SEC. 5. PROCEEDINGS.
(a) Meetings.--The Commission shall hold its first meeting not
later than 120 days after the enactment of this Act, and shall meet
thereafter at the call of the chairperson or a majority of its members.
Three members of the commission shall constitute a quorum.
(b) Hearings.--
(1) In general.--The Commission may, for the purposes of
carrying out this Act, hold hearings, sit and act at such times
and places, request the attendance of witnesses and take
testimony from such witnesses, and receive evidence as the
Commission considers appropriate.
(2) Availability to public.--The Commission should conduct
its hearings in public to the extent that the Commission
considers it appropriate.
(c) Consideration and Use of Existing Studies.--In carrying out its
duties, the Commission shall consider and use, to the extent it deems
appropriate, any studies that have been conducted by other entities on
the subjects described in section 3 so as to avoid unnecessary
duplication.
SEC. 6. STAFF.
The Commission is authorized to hire staff to assist the Commission
in carrying out its duties.
SEC. 7. REPORT.
Not later than 1 year after the date of the Commission's first
meeting, the Commission shall submit to Congress a report in writing
containing the findings and conclusions of the Commission and agreed to
by a majority of the members of the Commission, including any
recommendations the Commission finds necessary to improve
implementation of United States policy under the Taiwan Relations Act.
SEC. 8. TERMINATION.
(a) In General.--The Commission, and all of its authorities under
this Act, shall terminate 60 days after the date on which the report is
submitted to Congress under section 7.
(b) Conclusion of Activities.--The Commission may use the 60-day
period referred to in subsection (a) for the purpose of concluding its
activities, including providing testimony to committees of Congress and
disseminating its report to the public.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 2013
$500,000 to carry out this Act.
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