1.
(a)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)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.
2.Establishment of
CommissionThere is
established in the legislative branch the Congressional Advisory Commission on
the Implementation of United States Policy under the Taiwan Relations
Act.
3.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.
4.
(a)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)All members of the Commission should be appointed
within 90 days after the date of enactment of this Act.
(c)
(1)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
affiliationNot more than three members of the Commission may be
members of or affiliated with the same political party.
(d)The
Commission shall select a Chairperson from among its members.
(e)If
a vacancy occurs in the membership of the Commission, it shall be filled in the
manner in which the original appointment was made.
5.
(a)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)
(1)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)The Commission should conduct its hearings in public to
the extent that the Commission considers it appropriate.
(c)Consideration
and use of existing studiesIn 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.
6.The Commission is authorized to hire staff
to assist the Commission in carrying out its duties.
7.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.
8.
(a)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)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.
9.Authorization of
appropriationsThere is
authorized to be appropriated for fiscal year 2013 $500,000 to carry out this
Act.