Directs the Secretary of State to provide briefings to Congress at least once a year regarding: (1) discussions conducted between any executive branch agency and the government of Taiwan; and (2) potential defense article or defense service transfers to the government of Taiwan.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4102 Introduced in House (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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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