[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 419 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 419
To strengthen and clarify the commercial, cultural, and other relations
between the people of the United States and the people of Taiwan, as
codified in the Taiwan Relations Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2013
Ms. Ros-Lehtinen (for herself, Mr. Sires, Mr. Diaz-Balart, Mr.
Connolly, and Mr. Carter) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on Ways and Means, 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
_______________________________________________________________________
A BILL
To strengthen and clarify the commercial, cultural, and other relations
between the people of the United States and the people of Taiwan, as
codified in the Taiwan Relations Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Policy Act of 2013''.
SEC. 2. 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 34 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, 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.
(3) The future of Taiwan must be determined in a peaceful
manner and with the assent of the people of Taiwan.
(4) The Taiwan Relations Act declares that--
(A) peace and stability in the Western Pacific area
are in the political, security, and economic interests
of the United States, and are matters of international
concern;
(B) 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;
(C) the United States considers 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;
(D) the United States will maintain the capacity 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; and
(E) the preservation and enhancement of the human
rights of all the people on Taiwan are reaffirmed as
objectives of the United States.
(5) In recent years United States-Taiwan relations have
suffered from inattention and lack of strategic vision, thereby
requiring the Congress to both clarify United States policy
toward Taiwan and enhance its oversight role in the
implementation of the Taiwan Relations Act.
(6) In its China Military Power Report for 2012, Taiwan's
Ministry of National Defense (MND) estimated that more than
1,600 ballistic and cruise missiles are now being aimed at
Taiwan by the Second Artillery Corps of the People's Republic
of China and other experts suggest that this number could
increase to 1,800 in the near future.
(7) 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, by a vote of 424-4, ``to
create a legal framework for possible use of force against
Taiwan'' and ``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.''.
(8) The legislative requirement to make available defense
articles and defense services should include the provision of
new F-16 C/D aircraft and upgrades of existing F-16 A/B
aircraft essential to Taiwan's security.
(9) The 2012 Department of Defense's Annual Report to
Congress on Military and Security Developments Involving the
People's Republic of China noted that ``preparing for
contingencies in the Taiwan Strait remains the principal focus
and driver of much of China's military investment. In this
context, over the past year, the [People's Liberation Army]
continued to build the capabilities and develop the doctrine it
considers necessary to deter Taiwan from declaring
independence; to deter, delay, and deny effective U.S.
intervention in a potential cross-Strait conflict; and to
defeat Taiwan forces in the event of hostilities.''.
(10) The language contained in the Joint Communique of the
United States of America and the People's Republic of China,
dated August 17, 1982, which states in part that ``arms sales
to Taiwan will not exceed, either in qualitative or in
quantitative terms, the level of those supplied in recent
years'' shall not, to any degree, diminish the responsibility
of the United States, as legislatively mandated in the Taiwan
Relations Act, to ``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.''.
(11) The United States has sought diplomatically to
preserve Taiwan's international space, despite outside pressure
and coercion, and has sought to secure Taiwan's meaningful
participation in such international organizations as the World
Health Organization (WHO).
(12) Given the critical importance of airport security in a
post-September 11th international environment, the United
States recognizes it is crucial for Taiwan to be admitted to
meaningful participation in the International Civil Aviation
Organization (ICAO) so that Taiwan may contribute to the
success of a global strategy to address aviation security
threats based on effective international cooperation.
(13) Recognizing that the Taiwan Relations Act stated 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'' the Secretary of Homeland Security announced
on October 2, 2012, ``the designation of Taiwan into the Visa
Waiver Program (VWP)'' with eligible Taiwan passport holders
able to travel on the VWP beginning November 1, 2012.
(14) The conclusion of the Economic Cooperation Framework
Agreement (ECFA) between Taiwan and the People's Republic of
China in June 2010 or the adoption of any other cross-Strait
economic measures shall not diminish in any degree the
requirement contained in the Act 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.''.
(15) The theory recently put forward in certain academic
circles that the United States should acquiesce to China's
ascendancy in Asia and put aside the commitments made in the
Taiwan Relations Act is based upon a false premise that ignores
the example of a democratic Taiwan, the historic ties of
friendship of the peoples of the United States and Taiwan, and
the determination of the United States to remain as a Pacific
power.
(16) Total United States-Taiwan trade in 2011 was
$67,200,000,000 and Taiwan was the 10th largest United States
trading partner and the 6th largest market for United States
agricultural exports.
(17) It is in the economic interests of the United States
and the national security interests of Taiwan for the peoples
of the United States and Taiwan to further strengthen and
revitalize their trade and investment ties, including through
an expanded Trans-Pacific Partnership (TPP) Agreement or
similar mechanism.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to amend or supersede the
Taiwan Relations Act.
TITLE I--POLITICAL RELATIONS
SEC. 101. RELATIONS WITH THE PEOPLE OF TAIWAN.
The following shall be the policies of the United States:
(1) Supporting Taiwan, Taiwan's democracy, and the human
rights of its people.
(2) As noted in the Taiwan Relations Act, ``the absence of
diplomatic relations or recognition shall not affect the
application of the laws of the United States with respect to
Taiwan, and the laws of the United States shall apply with
respect to Taiwan in the manner that the laws of the United
States applied with respect to Taiwan prior to January 1,
1979.''.
(3) The United States Government shall respect the right of
the Taipei Economic and Cultural Representative Office (TECRO)
to display its flag on its premises and the American Institute
in Taiwan (AIT) and the residence of its Director in Taipei
shall, correspondingly, publicly display the United States flag
in the same manner as United States embassies, consulates, and
official residences throughout the world.
(4) The Taipei Economic and Cultural Representative Office
and all other instrumentalities established by Taiwan,
including the Twin Oaks Estate, may conduct official business
activities, including activities which involve participation by
Members of the United States Congress and other representatives
of the Federal, State, and local governments, without any
impediment from the United States Government or any foreign
power.
SEC. 102. VISITS BY CABINET LEVEL OFFICIALS.
(a) Findings.--Congress finds the following:
(1) Visits by United States cabinet officials and other
high-ranking visitors are an indicator of the breadth and depth
of ties between the United States and Taiwan.
(2) In December 1992, United States Trade Representative
Carla Hills visited Taiwan, marking the first cabinet-level
visit since 1979.
(3) Over the next 8 years the Administrator of the Small
Business Administration, the Secretary of Energy, and 2
Secretaries of Transportation visited Taiwan.
(4) No United States cabinet secretary has visited Taiwan
since July 2000.
(5) In March 2008, candidate Barack Obama wrote in a
message congratulating Ma Ying-jeou on his election victory
that ``[t]he U.S. should reopen blocked channels of
communication with Taiwan officials'', however no Cabinet-level
visits to Taiwan have yet taken place.
(b) Policy of the United States.--It shall be the policy of the
United States to encourage visits by cabinet-level officials between
the United States and Taiwan to foster commercial, technological, and
people-to-people exchanges.
SEC. 103. REVISION OF GUIDELINES FOR CONTACTS WITH TAIWAN.
Notwithstanding the 1994 Taiwan policy review and current mandatory
guidance from the Department of State regarding contacts with Taiwan,
it shall be the policy of the United States to--
(1) permit senior leaders of Taiwan to enter the United
States under conditions which demonstrate appropriate courtesy
and respect for the dignity of such leaders;
(2) permit meetings between high-level Taiwanese and United
States officials in all United States executive departments;
(3) allow official travel to Taiwan for Department of State
and Department of Defense personnel above the rank of office
director or, for uniformed military personnel, above the level
of 06 (Colonel, Navy Captain); and
(4) support a decision by Taiwan to change the name of the
Taipei Economic and Cultural Representative Office to that of
the Taiwan Representative Office.
SEC. 104. REQUIREMENT FOR SENATE CONFIRMATION OF AN INDIVIDUAL
APPOINTED TO SERVE AS THE DIRECTOR OF THE AMERICAN
INSTITUTE IN TAIWAN.
(a) In General.--Notwithstanding any other provision of law, the
President shall appoint, by and with the advice and consent of the
Senate, an individual to serve as the Director of the American
Institute in Taiwan.
(b) Transition.--The individual serving as the Director of the
American Institute in Taiwan as of the date of the enactment of this
Act may continue to serve in such capacity until such time as an
individual is appointed and confirmed in accordance with subsection
(a).
SEC. 105. EXTRADITION AGREEMENT.
(a) In General.--It shall be the policy of the United States to
enhance judicial cooperation with Taiwan, currently conducted on the
basis of the 2002 Agreement on Mutual Legal Assistance in Criminal
Matters, by signing a comprehensive extradition agreement.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall transmit to Congress a report that
assesses whether a comprehensive extradition agreement between the
United States and Taiwan may be submitted to the Senate for advice and
consent as a treaty or whether, because of Taiwan's unique status, such
agreement must be submitted to both the House of Representatives and
Senate for legislative approval.
SEC. 106. CONTINUATION OF THE SIX ASSURANCES AS GUIDELINES IN
CONDUCTING UNITED STATES-TAIWAN RELATIONS.
Notwithstanding any communiques entered into between the United
States and the People's Republic of China, the United States continues
to assent to the six assurances provided to Taiwan in July, 1982,
including that the United States--
(1) has not agreed to set a date for ending arms sales to
Taiwan;
(2) has not agreed to hold prior consultations with the
People's Republic of China on arms sales to Taiwan;
(3) will not play any mediation role between Taipei and
Beijing;
(4) has not agreed to revise the Taiwan Relations Act;
(5) has not altered its position regarding sovereignty over
Taiwan; and
(6) will not exert pressure on Taiwan to negotiate with the
People's Republic of China.
SEC. 107. INTERNATIONAL ORGANIZATIONS.
(a) Annual Program.--To provide Taiwan with the international space
it requires to function effectively in the world community, the
Secretary of State shall direct the Department of State to continue its
annual program to ensure meaningful participation by Taiwan in the
World Health Assembly in Geneva, Switzerland, as well as meaningful
participation for Taiwan in other relevant international organizations,
such as the International Civil Aviation Organization (ICAO).
(b) Meaningful Participation by Taiwan.--The Secretary of State
shall direct the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United States at
the United Nations to ensure meaningful participation for Taiwan in
relevant United Nations Entities in which Taiwan has expressed an
interest in participating.
SEC. 108. REPORT ON TAIWAN'S PARTICIPATION IN ICAO.
(a) In General.--The Secretary of State shall initiate a United
States plan to endorse and obtain meaningful participation for Taiwan
at the periodic Assemblies held by the International Civil Aviation
Organization (ICAO) in Montreal, Canada, including the 38th Assembly to
be held in September-October 2013, and in the meetings and activities
of the ICAO and shall instruct the United States delegation to Montreal
to implement such plan.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall submit to Congress a report containing the plan required under
subsection (a).
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(d) Annual Briefing.--The Secretary of State should provide an
annual briefing to or consult with Congress on any efforts conducted by
the United States Government in support of Taiwan's progress toward
meaningful participation in the ICAO.
TITLE II--SECURITY RELATIONS
SEC. 201. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) Maintenance of Sufficient Self-Defense Capabilities of
Taiwan.--Congress finds that any determination of the nature and
quantity of defense articles or defense services to be made available
to Taiwan that is made on any basis other than the defense needs of
Taiwan, whether pursuant to the August 17, 1982, Communique signed with
the People's Republic of China, or any similar executive agreement,
order, or policy would violate the intent of Congress specified in
section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)).
(b) Foreign Military Sales and Licensed Defense Exports Under the
Arms Export Control Act.--Congress finds that, in accordance with the
Taiwan Relations Act, the core purpose of foreign military sales and
licensed commercial exports under the Arms Export Control Act should be
to assist Taiwan in its ability to--
(1) deter coercion;
(2) defend against a strategy of coercive diplomacy
employing threats or limited force;
(3) repel an invasion; and
(4) partner with civil responders and friendly foreign
militaries.
(c) Defense Transfers.--In order to accomplish the purposes of this
section, the President is authorized to make available to Taiwan
defense articles or defense services, including the following:
(1) Air and air defense capabilities, including--
(A) low-cost, survivable sensors;
(B) command and control systems;
(C) modern surface to air missiles;
(D) upgrades to existing modern combat aircraft as
well as new combat aircraft, including Vertical and
Short Take-Off and Landing Aircraft (V/STOL);
(E) radar, electronic warfare, and jamming
capabilities;
(F) passive defense measures (such as redundancy,
dispersal, camouflage/deception, hardening, and rapid
repair capabilities); and
(G) access to satellites for remote sensing and
communication.
(2) Maritime capabilities, including--
(A) additional sensor capacity for comprehensive
maritime domain awareness;
(B) cost-effective submarines for anti-surface,
anti-submarine warfare, and other missions;
(C) mines and mine countermeasure vessels; and
(D) anti-ship cruise missiles.
(3) Ground capabilities, including--
(A) layers, short-range air defense;
(B) critical infrastructure protection to ensure
continuity of government;
(C) air mobility;
(D) unmanned air vehicles; and
(E) accurate, GPS-guided short-range rockets.
(4) Capacity for partnership with friendly foreign
militaries, including--
(A) command, control, communications, computers,
intelligence, surveillance, and reconnaissance
situational awareness systems;
(B) enhanced doctrine exchange; and
(C) enhanced senior-level training.
(d) Rule of Construction Relating to Arms Export Control Act.--
Nothing in this section shall be construed to supersede or modify
section 36 of the Arms Export Control Act (22 U.S.C. 2776).
SEC. 202. ADVANCED COMBAT AIRCRAFT FOR TAIWAN.
(a) Statement of Policy.--Notwithstanding the upgrade of Taiwan's
F-16 A/B aircraft, Taiwan will experience a growing shortfall in
fighter aircraft, particularly as its F-5 aircraft are retired from
service.
(b) Authority To Accept Letter of Request.--Pursuant to the foreign
military sales program authorized by the Arms Export Control Act, the
President is authorized to accept a letter of request from Taiwan for
price and availability data or for a formal sales offer with respect to
the F-16C/D Fighting Falcon multirole fighter aircraft or other
aircraft of similar capability, as may be necessary to enable Taiwan to
maintain a sufficient self-defense capability.
SEC. 203. CONSULTATIONS ON TAIWAN ARMS SALES.
(a) Briefings.--Not later than 90 days after the date of the
enactment of this Act and at least annually thereafter, the Secretary
of State, in consultation with the Secretary of Defense, shall provide
detailed briefings to Congress on--
(1) any discussions conducted between any executive branch
agency and the Government of Taiwan during a covered period;
and
(2) any potential transfer to the Government of Taiwan of
defense articles or defense services.
(b) Definitions.--In this section and section 201:
(1) Covered period.--The term ``covered period'' means,
with respect to--
(A) the initial briefing required under subsection
(a), the period beginning on the date of the enactment
of this Act and ending on the date of such initial
briefing; and
(B) subsequent briefings required under such
subsection, the period beginning on the day after the
date of the most recent briefing and ending on the date
of any such subsequent briefing.
(2) Executive branch agency.--The term ``executive branch
agency'' has the meaning given the term ``agency'' in section
551(1) of title 5, United States Code.
(3) Defense article.--The term ``defense article'' has the
meaning given such term in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
(4) Defense service.--The term ``defense service'' has the
meaning given such term in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
SEC. 204. ANNUAL REPORT ON DEFENSE TRANSFERS TO TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the President shall
transmit to Congress a report--
(1) detailing each of Taiwan's requests for purchase of
defense articles and defense services during the immediately
preceding one-year period, whether submitted through a letter
of request (LOR) or conveyed by other authoritative means,
except that the first report under this section shall cover the
period 2006 through 2011;
(2) describing the defense needs asserted by Taiwan as
justification for such requests;
(3) describing the decisionmaking process used to reject,
postpone, or modify any such request, including--
(A) with respect to significant military equipment,
the country team assessment and recommendation as to
whether the United States should sell such equipment;
and
(B) for each request, the elapse of time between
the submission of such request and the completion of
the interagency review process by the United States;
and
(4) detailing those defense articles and defense services
listed in the Arms Sale Proposal described in section 25 of the
Arms Export Control Act (22 U.S.C. 2765), including a
description of the rationale for including or not including in
such Proposal, as the case may be, all sales and licensed
exports to Taiwan under such Act of major weapons or weapons-
related defense equipment for $7,000,000 or more, and the
extent to which a decision to not include in such Proposal such
sales to Taiwan is consistent with such section.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 205. REPORT ON IMPLEMENTATION OF TAIWAN RELATIONS ACT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on implementation of United States security policy under the Taiwan
Relations Act.
(b) Matters To Be Included.--The report required under subsection
(a) shall include, at a minimum, the following:
(1) A review of 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, including the extent to
which the United States retains the capacity 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 of Taiwan. Such review shall take into account
whether Taiwan's air and air defense forces retain the ability
to effectively defend Taiwan against China's ballistic missile
and air threats, and the extent to which the absence of
credible Taiwanese air defense forces may complicate the
ability of the United States to resist any resort to force that
jeopardizes the security of Taiwan.
(2) An evaluation of all gaps in relevant knowledge about
the capabilities and intentions of the People's Republic of
China as such capabilities and intentions might affect the
current and future military balance between Taiwan and China,
such as anti-access and area denial capabilities as well as
anti-satellite and space warfare developments, including both
classified United States intelligence information and Chinese
open source writing.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 206. NAVAL VESSEL TRANSFER AUTHORITY.
(a) Transfer by Sale.--The President is authorized to transfer the
OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG-50),
USS GARY (FFG-51), USS CARR (FFG-52), and USS ELROD (FFG-55) to the
Taipei Economic and Cultural Representative Office of the United States
(which is the Taiwan instrumentality designated pursuant to section
10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(b) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(c) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(d) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
TITLE III--ECONOMIC AND TRADE RELATIONS
SEC. 301. TRADE AND INVESTMENT FRAMEWORK AGREEMENT.
It is the sense of Congress that, at the earliest opportunity, the
United States Trade Representative should seek to resume and
successfully conclude negotiations of economic issues in the Trade and
Investment Framework Agreement (TIFA) talks with Taiwan.
SEC. 302. FREE TRADE AGREEMENT.
(a) In General.--It is the sense of Congress that the ultimate goal
of trade negotiations with Taiwan should be the negotiation of a free
trade agreement with Taiwan. As building blocks toward that goal, the
United States should study the feasibility of negotiating with Taiwan a
bilateral--
(1) investment agreement; and
(2) tax agreement.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall transmit to Congress a report that
assesses whether economic and trade agreements between the United
States and Taiwan may be submitted to the Senate for advice and consent
as a treaty or whether, because of Taiwan's unique status, such
agreements must be submitted to both the House of Representatives and
Senate for legislative approval.
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