KYL (AND MURKOWSKI) AMENDMENT NO. 2836 (Senate - June 22, 1998)

[Page: S6781]

(Ordered to lie on the table.)

Mr. KYL (for himself and Mr. Murkowski) submitted an amendment intended to be proposed by them to the bill, S. 2057, supra; as follows:
On page 268, between lines 8 and 9, insert the following:

(a) Findings: Congress makes the following findings:

(1) United States forces and allies in the Asia-Pacific region face a growing missile threat from China and North Korea.

(2) China has embarked on a program to modernize its theater and strategic missile programs and has shown a willingness to use ballistic missiles to intimidate its neighbors. During Taiwan's national legislative elections in 1995, China fired six M-9 ballistic missiles to an area about 100 miles north of Taiwan. Less than a year later, on the eve of Taiwan's first democratic presidential election, China again launched M-9 missiles to areas within 30 miles north and south of Taiwan, thereby establishing a virtual blockade of the two primary ports of Taiwan.

(3) North Korea's missile program is becoming more advanced. According to a recent Department of Defense report, North Korea has deployed several hundred Scud missiles that are capable of reaching targets in South Korea. North Korea has started to deploy the No Dong missile, which will have sufficient range to target nearly all of Japan, and is continuing to develop a longer-range ballistic missile that will be capable of reaching Alaska and Hawaii.

(4) Theater missile defenses are vitally needed to protect American forces and interests in the Asia-Pacific region.

(5) The sale of United States ballistic missile defense items to Taiwan is consistent with the provisions of the Taiwan Relations Act, which states 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.'.
(b) Sense of Congress Regarding Restrictions on Deployment of United States Theater Missile Defenses: It is the sense of Congress that the President should not adopt any policies or negotiate any agreements that restrict the deployment of theater missile defense systems operated by United States forces or allies.
(c) Study and Report: (1) The Secretary of Defense shall carry out a study of the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region that would have the capability to protect Taiwan, South Korea, and Japan from ballistic missile attack. The study shall include a description of appropriate measures by which the United States would cooperate with Taiwan, South Korea, and Japan and provide them with an advanced local-area ballistic missile defense system.
(2) Not later than January 1, 1999, the Secretary 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--

(A) the results of the study conducted under paragraph (1);

(B) the factors used to obtain such results; and

(C) a description of any existing United States missile defense system that could be transferred to Taiwan and Japan in accordance with the Taiwan Relations Act in order to allow Taiwan and Japan to provide for their self-defense against limited ballistic missile attacks.
(3) The report shall be submitted in both classified and unclassified form.
(d) Sense of Congress Regarding Transfer of Ballistic Missile Defense Systems: It is the sense of Congress that the President, if requested by the Government of Taiwan, South Korea, or Japan and in accordance with the results of the study conducted under subsection (c), should sell, at full market value, to the requesting nation appropriate defense articles or defense services under the foreign military sales program under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan, including the Penghu Islands, Kinmen, and Matsu, South Korea, or Japan, as the case may be, against limited ballistic missile attack.
(e) Statement of Policy Relating to United States Theater Missile Defenses for the Asia-Pacific Region: 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.
(f) Sense of Congress Urging the President To Declare to the People's Republic of China the Commitment of the American People to Security and Democracy in Taiwan: It is the sense of Congress that the President should make clear to the leadership of the People's Republic of China the firm commitment of the American people to security and democracy for the people of Taiwan and that the United States fully expects that security issues on both sides of the Taiwan Strait will be resolved by peaceful means.
(g) Sense of Congress Regarding Taiwan: It is the sense of Congress that--

(1) the transfer of Hong Kong to the People's Republic of China does not alter the current and future status of Taiwan;

(2) the future of Taiwan should be determined by peaceful means through a democratic process; and

(3) the United States, in accordance with the Taiwan Relations Act and the constitutional processes of the United States, should assist in the defense of Taiwan in case of threats or military attack by the People's Republic of China against Taiwan.