[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6646 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 6646

_______________________________________________________________________

                                 AN ACT


 
 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.

    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) Relations between the United States and Taiwan are 
        governed by the Taiwan Relations Act (22 U.S.C. 3301 et seq.; 
        Public Law 96-8), 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 has recently reversed a downward trend in 
        defense spending with a $2.2 billion increase in 2007 to $9.8 
        billion and the Defense Ministry has requested and the 
        Executive Yuan approved a 2008 budget of $10.6 billion, an 
        increase of 15 percent.
            (7) According to the Congressional Research Service, the 
        executive branch has yet to send any arms transfer 
        notifications to Congress during calendar year 2008, including 
        notifications on at least seven pending arms sales programs 
        with a total value of about $11 billion that encompass programs 
        on a submarine design, Patriot PAC-3 missile defense systems, 
        and Apache and Blackhawk helicopters.
            (8) Taiwanese President Ma Ying-jeou stated on July 12, 
        2008, that the island needs to secure defensive weapons from 
        the United States, despite a warming of relations with mainland 
        China.
            (9) On July 16, 2008, Admiral Timothy Keating, Commander of 
        the Hawaii-based United States Pacific Command, acknowledged 
        that the executive branch had imposed a ``freeze'' on arms 
        sales to Taiwan, a decision that is in contradiction to 
        longstanding United States law and policy.

SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.

    (a) Briefings.--Not later than 90 days after the date of enactment 
of this Act, and not later than 120 days 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--
                    (A) with respect to the initial briefings required 
                under subsection (a), the period beginning on the date 
                of the enactment of this Act and ending on the date of 
                the initial briefings; and
                    (B) with respect to the subsequent briefings 
                required under subsection (a), the period beginning on 
                the day after the date of the initial briefings 
                required under subsection (a) and ending on the date of 
                the subsequent briefings.
            (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 note).
            (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 note).

            Passed the House of Representatives September 23, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 6646

_______________________________________________________________________

                                 AN ACT

 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.