[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2386 Referred in Senate (RFS)]

  1st Session
                                H. R. 2386


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
To implement the provisions of the Taiwan Relations Act concerning the 
  stability and security of Taiwan and United States cooperation with 
    Taiwan on the development and acquisition of defensive military 
                               articles.

    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 ``United States-Taiwan Anti-Ballistic 
Missile Defense Cooperation Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The stability and security of Taiwan and the balance of 
        power in the Taiwan Strait are key elements for the continued 
        peace and stability of the greater Asia-Pacific region, and the 
        indefinite continuation of such stability and security and 
        balance of power is in the vital national security interest of 
        the United States.
            (2) The People's Republic of China is currently engaged in 
        a comprehensive military modernization campaign that is 
        enhancing the power-projection capabilities of the People's 
        Liberation Army, including the introduction of advanced 
        ballistic and cruise missiles that could alter the current 
        balance of power in the Taiwan Strait and in the greater Asia-
        Pacific region.
            (3) The current lack of transparency in the People's 
        Republic of China military infrastructure and its associated 
        defense establishment and the opaqueness of the comprehensive 
        efforts of the People's Liberation Army to modernize its 
        ballistic and cruise missile programs could spark a regional 
        arms race that would destabilize the East Asia and Western 
        Pacific regions and threaten vital United States national 
        security interests.
            (4) In March 1996, the People's Liberation Army created a 
        temporary, but de facto, blockade of both the international 
        shipping lanes of the Taiwan Strait and the international 
        airspace around Taiwan by conducting live-fire military 
        exercises which included the launch of several advanced, 
        nuclear-capable M-9 ballistic missiles to target areas close to 
        major ports in both the northern and southern areas of Taiwan.
            (5) In March 1996, the locations of People's Liberation 
        Army military activities and M-9 missile target areas nearby to 
        Taiwan's two largest ports, Keelung and Kaohsiung, created a de 
        facto blockade of the Taiwan Strait, international waters and 
        airspace, interfered with United States and international 
        shipping and aviation, and impinged upon the national security 
        interests of the United States, requiring the immediate 
        deployment of two United States aircraft carrier battle groups 
        to the South China Sea.
            (6) The actions of the People's Liberation Army in such 
        close proximity to Taiwan were deliberate attempts to disrupt 
        Taiwan's social and economic stability and were carried out as 
        attempts to intimidate the people of Taiwan during the period 
        leading up to Taiwan's historic first democratic presidential 
        election.
            (7) The early development and deployment of an effective 
        United States theater missile defense system to the Asia-
        Pacific region, and the adjustment of United States policy to 
        include Taiwan, including the Penghu Islands, Kinmen, and 
        Matsu, under the protection of such defense system, would be 
        prudent and appropriate responses to--
                    (A) the refusal by the People's Republic of China 
                to renounce the use of force to determine the future of 
                Taiwan;
                    (B) the nature of the military threat of the 
                People's Republic of China posed by the increased focus 
                of the People's Liberation Army on advanced missile 
                development; and
                    (C) the demonstrated intent of the Government of 
                the People's Republic of China to use live-fire 
                military exercises and ballistic missile tests against 
                the people and Government of Taiwan as tools of so-
                called coercive diplomacy.
            (8) The early deployment of a United States theater anti-
        ballistic missile system in the Asia-Pacific region would 
        maintain a balance of power in the Taiwan Strait and deter the 
        People's Republic of China from resorting to military 
        intimidation tactics to coerce or manipulate the people and 
        freely elected Government of Taiwan in the future.
            (9) While Taiwan is currently acquiring a local aircraft 
        and ballistic and cruise missile defense capability in the form 
        of the Modified Air Defense System (MADS), a larger portion of 
        Taiwan's territory and population would be protected if this 
        system were expanded to include a defense of the Taichung 
        region, Kaohsiung, the Penghu Islands, Kinmen, and Matsu from 
        limited ballistic missile attacks and a deterrent against the 
        threat and use of force against Taiwan by the People's 
        Liberation Army to achieve the political goals of the core 
        leadership of the People's Republic of China.
            (10) Taiwan has requested further United States cooperation 
        on missile defense, including the conduct of a joint 
        architecture study of the requirements for the establishment 
        and operation of a missile defense system for Taiwan, including 
        the Penghu Islands, Kinmen, and Matsu.
            (11) On June 9, 1898, the ``Convention Respecting an 
        Extension of Hong Kong Territory'' was agreed to between 
        representatives of the governments of Great Britain and China 
        to lease the New Territories for the period of 99 years 
        beginning on July 1, 1898.
            (12) On December 19, 1984, the ``Sino-British Joint 
        Declaration'', agreed to between representatives of the 
        governments of Great Britain and China, established the terms 
        for the return to China on July 1, 1997, of the Hong Kong area 
        (including the Hong Kong Island, Kowloon, and the New 
        Territories (hereafter in this resolution referred to as ``Hong 
        Kong'').
            (13) No treaties exist between the People's Republic of 
        China and Taiwan which determine the future status of Taiwan.
            (14) The People's Republic of China attempts to apply to 
        Taiwan the formula commonly known as ``one country, two 
        systems'' in an effort to annex Taiwan to China.
            (15) The People's Republic of China has refused to renounce 
        the use of force against Taiwan and held military exercises in 
        the Taiwan Strait in March 1996 in an attempt to intimidate the 
        people of Taiwan in their first presidential elections.
            (16) The Taiwan Relations Act states that ``[i]t is the 
        policy of the United States . . . 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''.

SEC. 3. STUDY AND REPORT RELATING TO ESTABLISHMENT AND OPERATION OF A 
              THEATER BALLISTIC MISSILE DEFENSE SYSTEM IN THE ASIA-
              PACIFIC REGION.

    (a) Study.--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 from ballistic missile 
attacks. The study shall include a description of appropriate measures 
by which the United States would cooperate with Taiwan and provide 
Taiwan with an advanced local-area ballistic missile defense system.
    (b) Report.--Not later than July 1, 1998, the Secretary of Defense 
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--
            (1) the results of the study conducted under subsection 
        (a);
            (2) the factors used to obtain such results;
            (3) a description of any existing United States missile 
        defense system that could be transferred to Taiwan in 
        accordance with the Taiwan Relations Act in order to allow 
        Taiwan to provide for its self-defense against limited 
        ballistic missile attacks.
    (c) Form of Report.--The report under subsection (b) shall be 
submitted in both classified and unclassified form.

SEC. 4. TRANSFER OF BALLISTIC MISSILE DEFENSE SYSTEMS TO TAIWAN.

    It is the sense of the Congress that the President, if requested by 
the Government of Taiwan and in accordance with the results of the 
study conducted under section 3, should transfer to the Government of 
Taiwan 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, against 
limited ballistic missile attacks.

SEC. 5. STATEMENT OF POLICY RELATING TO UNITED STATES THEATER MISSILE 
              DEFENSES FOR THE ASIA-PACIFIC REGION.

    The 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.

SEC. 6. SENSE OF THE CONGRESS URGING THE PRESIDENT TO MAKE CLEAR TO THE 
              PEOPLE'S REPUBLIC OF CHINA THE COMMITMENT OF THE AMERICAN 
              PEOPLE TO SECURITY AND DEMOCRACY IN TAIWAN.

    It is the sense of the Congress that the Clinton Administration 
should make clear to the leadership of the People's Republic of China, 
the American people's firm commitment for security and democracy for 
the people of Taiwan and that the United States fully expects that the 
resolution of security issues on both sides of the Taiwan Strait will 
be resolved by peaceful means.

SEC. 7. ADDITIONAL SENSE OF THE CONGRESS REGARDING TAIWAN.

    It is the sense of the 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.

            Passed the House of Representatives November 6, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.