HR 4102 IH
111th CONGRESS
1st Session
H. R. 4102
To require the Secretary of State, in consultation with the Secretary of Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government of Taiwan and any potential transfer of defense articles or defense services to the Government of Taiwan, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 18, 2009
Ms. ROS-LEHTINEN (for herself, Ms. BERKLEY, Mr. GINGREY of Georgia, Mr. LINCOLN DIAZ-BALART of Florida, Mr. MINNICK, Mr. ROYCE, Mr. ROSS, and Mr. BURTON of Indiana) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To require the Secretary of State, in consultation with the Secretary of Defense, to provide detailed briefings to Congress on any recent discussions conducted between United States Government and the Government of Taiwan and any potential transfer of defense articles or defense services to the Government of Taiwan, 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. FINDINGS.
Congress finds the following:
(1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.; Public Law 96-8) is the cornerstone of relations between the United States and Taiwan, which is also governed by the three joint communiques and the Six Assurances.
(2) The Taiwan Relations Act has governed United States arms sales to Taiwan since 1979, when the United States extended diplomatic recognition to the People's Republic of China.
(3) The Taiwan Relations Act specifies that it is United States policy, among other things, to consider any nonpeaceful means to determine Taiwan's future `a threat' to the peace and security of the Western Pacific and of `grave concern' to the United States, `to provide Taiwan with arms of a defensive character', and `to maintain the capacity of the United States to resist any resort to force or other forms of coercion' jeopardizing the security or social or economic system of Taiwan's people.
(4) Section 3(a) of the Taiwan Relations Act 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'.
(5) Section 3(b) of the Taiwan Relations Act stipulates that both the President and the Congress shall determine the nature and quantity of such defense articles and services `based solely' upon their judgment of the needs of Taiwan.
(6) Taiwan in March 2009 issued its first Quadrennial Defense Review, a robust, defense-oriented strategy that aims to shape the regional security environment and deter conflict while transforming the military into a leaner, more efficient fighting force with sustainable capabilities, thereby helping to demonstrate that Taiwan has the resolve and commitment to successfully strengthen its own defenses.
(7) According to the Congressional Research Service, the executive branch has yet to send any arms transfer notifications to Congress for Taiwan during calendar year 2009, including notifications for Blackhawk helicopters, diesel submarine design, and additional Patriot PAC-3 systems, nor has it yet transferred the OSPREY class minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59), even though Congress authorized the sale of these ships in calendar 2008 in the Consolidated Natural Resources Act of 2008 (Public Law 110-229).
(8) Taiwanese President Ma Ying-jeou has reiterated his administration's desire to acquire United States built F-16 C/Ds and other weapons on many public occasions, including in an April 22 address to the United States by teleconference to mark the 30th anniversary of the Taiwan Relations Act and a statement issued during a May 26 transit stop in the United States on his way to Central America for a diplomatic visit.
(9) Taiwanese President Ma Ying-jeou also stated on October 2, 2009, that `Although there are pragmatic improvements in cross-strait ties, this doesn't mean we can let our guard down.'.
(10) As highlighted in the March 2009 Department of Defense annual report to Congress on China's military, `China's armed forces are rapidly developing coercive capabilities . . . [that] could in the future be used to pressure Taiwan toward a settlement of the cross-Strait dispute on Beijing's terms while simultaneously attempting to deter, delay, or deny any possible U.S. support for the island in case of conflict.'.
SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.
(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 the covered period; and
(2) any potential transfer of defense articles or defense services to the Government of Taiwan.
(b) Definitions- In this section:
(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 the 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 the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
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