[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5902 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5902

To establish a Congressional Advisory Commission on the Implementation 
        of United States Policy under the Taiwan Relations Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2012

 Mr. Andrews introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a Congressional Advisory Commission on the Implementation 
        of United States Policy under the Taiwan Relations Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
        3301 et seq.), enacted in 1979, has continued for 33 years to 
        be the cornerstone of United States-Taiwan relations and has 
        served as an anchor for peace and security in the Western 
        Pacific region.
            (2) The Taiwan Relations Act declares that it is the policy 
        of the United States--
                    (A) to preserve and promote extensive, close, and 
                friendly commercial, cultural, and other relations 
                between the people of the United States and the people 
                on Taiwan, as well as the people on the China mainland 
                and all other peoples of the Western Pacific area;
                    (B) to declare that peace and stability in the area 
                are in the political, security, and economic interests 
                of the United States, and are matters of international 
                concern;
                    (C) to make clear that the United States decision 
                to establish diplomatic relations with the People's 
                Republic of China rests upon the expectation that the 
                future of Taiwan will be determined by peaceful means;
                    (D) 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;
                    (E) to provide Taiwan with arms of a defensive 
                character; and
                    (F) to maintain the capacity of the United States 
                to resist any resort to force or other forms of 
                coercion that would jeopardize the security, or the 
                social or economic system, of the people on Taiwan.
            (3) Nothing contained in the Taiwan Relations Act shall 
        contravene the interest of the United States in human rights, 
        especially with respect to the human rights of all the 
        approximately 23,000,000 inhabitants of Taiwan. The 
        preservation and enhancement of the human rights of all the 
        people on Taiwan are hereby reaffirmed as objectives of the 
        United States.
            (4) The Taiwan Relations Act, in furthering the national 
        interests of the United States in the Western Pacific region, 
        has mandated 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, thus allowing the people of 
        Taiwan to preserve a peaceful, democratic, and prosperous way 
        of life.
            (5) The future of Taiwan must be determined in a peaceful 
        manner and with the assent of the people of Taiwan.
            (6) The anti-secession law, passed by the National People's 
        Congress of the People's Republic of China, was found by House 
        Concurrent Resolution 98, passed in the House of 
        Representatives on March 16, 2005, ``to provide a legal 
        justification for the use of force against Taiwan, altering the 
        status quo in the region, and thus is of grave concern to the 
        United States.''.
            (7) The 2011 Department of Defense's Annual Report to 
        Congress on ``Military and Security Developments Involving the 
        People's Republic of China'' noted that the People's Liberation 
        Army ``seeks the capability to deter Taiwan independence and 
        influence Taiwan to settle the dispute on Beijing's terms'' 
        while ``developing capabilities intended to deter, delay, or 
        deny possible U.S. support for the island in the event of 
        conflict. The balance of cross-Strait military forces and 
        capabilities continues to shift in the mainland's favor.''. The 
        report also states the PLA has deployed between 1,000 and 1,200 
        short-range ballistic missiles (SRBM) to units opposite Taiwan.
            (8) The United States has sought diplomatically to preserve 
        Taiwan's international space, and has sought to secure Taiwan's 
        meaningful participation in such international organizations as 
        the World Health Organization (WHO).
            (9) The total value of trade between the United States and 
        Taiwan in 2011 was approximately 67,200,000,000, and Taiwan 
        ranked as the 10th largest trading partner of the United 
        States.
            (10) Given that the Taiwan Relations Act states that it is 
        the policy of the United States to ``preserve and promote 
        extensive, close, and friendly commercial, cultural, and other 
        relations between the people of the United States and the 
        people on Taiwan,'' it is in the economic interests of the 
        United States and the national security interests of Taiwan for 
        our two peoples to further strengthen their trade and 
        investment ties.
    (b) Purpose.--The purpose of this Act is to establish a commission 
to review and report to Congress on the implementation of the Taiwan 
Relations Act and on United States policy in regard to Taiwan since 
2000.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the Congressional 
Advisory Commission on the Implementation of United States Policy under 
the Taiwan Relations Act.

SEC. 3. DUTIES.

    The Commission shall--
            (1) assess the sufficiency of defense articles and services 
        made available to Taiwan by the United States for the purpose 
        of maintaining Taiwan's self-defense capability, including 
        whether Taiwan's air and air defense forces retain the ability 
        to effectively defend Taiwan against the ballistic missile and 
        air threats posed by the People's Republic of China;
            (2) review the operational planning, policy reviews, and 
        other preparations of the United States since 2000 to implement 
        section 2(b)(6) and subsections (a), (b), and (c) of section 3 
        of the Taiwan Relations Act, and evaluate the compliance of 
        these processes with the requirements of section 3(2) of the 
        Taiwan Relations Act and the Six Assurances provided to Taiwan 
        in July 1982;
            (3) identify current and potential threats to the security, 
        social, or economic system of the people on Taiwan, and assess 
        the extent to which the United States retains the capability to 
        resist any resort to force or other forms of coercion that 
        would jeopardize the security, social, or economic system, of 
        the people on Taiwan;
            (4) evaluate the sufficiency and effectiveness of measures 
        undertaken by the United States since 2000 to continue and 
        promote extensive commercial, cultural, and other relations 
        between the people of the United States and the people on 
        Taiwan, and recommend future steps for strengthening trade and 
        investment ties with Taiwan in furtherance of the United States 
        national economic and security interests;
            (5) review the measures undertaken by the United States 
        since 2000 with regard to the preservation and enhancement of 
        the human rights of all the people on Taiwan, including the 
        strengthening of democratic governance and rule of law in 
        accordance with section 2(3) of the Taiwan Relations Act;
            (6) identify and recommend available United States policy 
        options to assist Taiwan in broadening its international space, 
        including Taiwan's ability to participate meaningfully in the 
        World Health Organization and other international 
        organizations, and to ensure that the future of Taiwan will be 
        determined by peaceful means, taking into account the forms and 
        effectiveness of any coercive strategies undertaken by the 
        People's Republic of China to undermine Taiwan's freedom of 
        action; and
            (7) make findings and recommendations on available policy 
        options for the United States to advance toward a normalization 
        of the relationship with the Government of Taiwan, including 
        the desirability of such measures as the resumption of visits 
        by cabinet-level officials between the United States and Taiwan 
        and requiring the advice and consent of the Senate for the 
        individual appointed by the President to serve as the Director 
        of the American Institute in Taiwan.

SEC. 4. COMPOSITION.

    (a) Members.--The Commission shall be composed of five members, of 
whom--
            (1) one member shall be appointed by the President;
            (2) one member shall be appointed by the majority leader of 
        the Senate;
            (3) one member shall be appointed by the Speaker of the 
        House of Representatives;
            (4) one member shall be appointed by the minority leader of 
        the Senate; and
            (5) one member shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Deadline for Appointment.--All members of the Commission should 
be appointed within 90 days after the date of enactment of this Act.
    (c) Qualifications.--
            (1) In general.--All members of the Commission shall be 
        persons who are especially qualified to serve on the Commission 
        by virtue of their education, training, or experience in the 
        field of foreign policy, national security, military affairs, 
        or East Asian politics.
            (2) Political party affiliation.--Not more than three 
        members of the Commission may be members of or affiliated with 
        the same political party.
    (d) Chairperson.--The Commission shall select a Chairperson from 
among its members.
    (e) Vacancies.--If a vacancy occurs in the membership of the 
Commission, it shall be filled in the manner in which the original 
appointment was made.

SEC. 5. PROCEEDINGS.

    (a) Meetings.--The Commission shall hold its first meeting not 
later than 120 days after the enactment of this Act, and shall meet 
thereafter at the call of the chairperson or a majority of its members. 
Three members of the commission shall constitute a quorum.
    (b) Hearings.--
            (1) In general.--The Commission may, for the purposes of 
        carrying out this Act, hold hearings, sit and act at such times 
        and places, request the attendance of witnesses and take 
        testimony from such witnesses, and receive evidence as the 
        Commission considers appropriate.
            (2) Availability to public.--The Commission should conduct 
        its hearings in public to the extent that the Commission 
        considers it appropriate.
    (c) Consideration and Use of Existing Studies.--In carrying out its 
duties, the Commission shall consider and use, to the extent it deems 
appropriate, any studies that have been conducted by other entities on 
the subjects described in section 3 so as to avoid unnecessary 
duplication.

SEC. 6. STAFF.

    The Commission is authorized to hire staff to assist the Commission 
in carrying out its duties.

SEC. 7. REPORT.

    Not later than 1 year after the date of the Commission's first 
meeting, the Commission shall submit to Congress a report in writing 
containing the findings and conclusions of the Commission and agreed to 
by a majority of the members of the Commission, including any 
recommendations the Commission finds necessary to improve 
implementation of United States policy under the Taiwan Relations Act.

SEC. 8. TERMINATION.

    (a) In General.--The Commission, and all of its authorities under 
this Act, shall terminate 60 days after the date on which the report is 
submitted to Congress under section 7.
    (b) Conclusion of Activities.--The Commission may use the 60-day 
period referred to in subsection (a) for the purpose of concluding its 
activities, including providing testimony to committees of Congress and 
disseminating its report to the public.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 2013 
$500,000 to carry out this Act.
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