[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1151 Enrolled Bill (ENR)]
H.R.1151
One Hundred Thirteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and thirteen
An Act
To direct the Secretary of State to develop a strategy to obtain
observer status for Taiwan at the triennial International Civil Aviation
Organization Assembly, 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. CONCERNING THE PARTICIPATION OF TAIWAN IN THE INTERNATIONAL
CIVIL AVIATION ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Safe, secure, and economical international air navigation
and transport is important to every citizen of the world, and safe
skies are ensured through uniform aviation standards, harmonization
of security protocols, and expeditious dissemination of information
regarding new regulations and other relevant matters.
(2) Direct and unobstructed participation in international
civil aviation forums and programs is beneficial for all nations
and their civil aviation authorities. Civil aviation is vital to
all due to the international transit and commerce it makes
possible, but must also be closely regulated due to the possible
use of aircraft as weapons of mass destruction or to transport
biological, chemical, and nuclear weapons or other dangerous
materials.
(3) The Convention on International Civil Aviation, signed in
Chicago, Illinois, on December 7, 1944, and entered into force
April 4, 1947, established the International Civil Aviation
Organization (ICAO), stating ``The aims and objectives of the
Organization are to develop the principles and techniques of
international air navigation and to foster the planning and
development of international air transport so as to . . . meet the
needs of the peoples of the world for safe, regular, efficient and
economical air transport.''.
(4) The terrorist attacks of September 11, 2001, demonstrated
that the global civil aviation network is subject to
vulnerabilities that can be exploited in one country to harm
another. The ability of civil aviation authorities to coordinate,
preempt and act swiftly and in unison is an essential element of
crisis prevention and response.
(5) Following the terrorist attacks of September 11, 2001, the
ICAO convened a high-level Ministerial Conference on Aviation
Security that endorsed a global strategy for strengthening aviation
security worldwide and issued a public declaration that ``a uniform
approach in a global system is essential to ensure aviation
security throughout the world and that deficiencies in any part of
the system constitute a threat to the entire global system,'' and
that there should be a commitment to ``foster international
cooperation in the field of aviation security and harmonize the
implementation of security measures''.
(6) The Taipei Flight Information Region, under the
jurisdiction of Taiwan, covers 180,000 square nautical miles of
airspace and provides air traffic control services to over 1.2
million flights annually, with the Taiwan Taoyuan International
Airport recognized as the 10th and 19th largest airport by
international cargo volume and number of international passengers,
respectively in 2011.
(7) Despite the established international consensus regarding a
uniform approach to aviation security that fosters international
cooperation, exclusion from the ICAO since 1971 has impeded the
efforts of the Government of Taiwan to maintain civil aviation
practices that comport with evolving international standards, due
to its inability to contact the ICAO for up-to-date information on
aviation standards and norms, secure amendments to the
organization's regulations in a timely manner, obtain sufficient
and timely information needed to prepare for the implementation of
new systems and procedures set forth by the ICAO, receive technical
assistance in implementing new regulations, and participate in
technical and academic seminars hosted by the ICAO.
(8) On October 8, 2010, the Department of State praised the
37th ICAO Assembly on its adoption of a Declaration on Aviation
Security, but noted that ``because every airport offers a potential
entry point into this global system, every nation faces the threat
from gaps in aviation security throughout the world--and all
nations must share the responsibility for securing that system''.
(9) On October 2, 2012, Taiwan became the 37th participant to
join the United States Visa Waiver program, which is expected to
stimulate tourism and commerce that will rely increasingly on
international commercial aviation.
(10) The Government of Taiwan's exclusion from the ICAO
constitutes a serious gap in global standards that should be
addressed at the earliest opportunity in advance of the 38th ICAO
Assembly in September 2013.
(11) The Federal Aviation Administration and its counterpart
agencies in Taiwan have enjoyed close collaboration on a wide range
of issues related to innovation and technology, civil engineering,
safety and security, and navigation.
(12) The ICAO has allowed a wide range of observers to
participate in the activities of the organization.
(13) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations and has consistently
reiterated that support.
(14) Senate Concurrent Resolution 17, agreed to on September
11, 2012, affirmed the sense of Congress that--
(A) meaningful participation by the Government of Taiwan as
an observer in the meetings and activities of the ICAO will
contribute both to the fulfillment of the ICAO's overarching
mission and to the success of a global strategy to address
aviation security threats based on effective international
cooperation; and
(B) the United States Government should take a leading role
in garnering international support for the granting of observer
status to Taiwan in the ICAO.
(15) Following the enactment of Public Law 108-235, a law
authorizing the Secretary of State to initiate and implement a plan
to endorse and obtain observer status for Taiwan at the annual
summit of the World Health Assembly and subsequent advocacy by the
United States, Taiwan was granted observer status to the World
Health Assembly for four consecutive years since 2009. Both prior
to and in its capacity as an observer, Taiwan has contributed
significantly to the international community's collective efforts
in pandemic control, monitoring, early warning, and other related
matters.
(16) ICAO rules and existing practices allow for the meaningful
participation of non-contracting countries as well as other bodies
in its meetings and activities through granting of observer status.
(b) Taiwan's Participation at ICAO.--The Secretary of State shall--
(1) develop a strategy to obtain observer status for Taiwan at
the triennial ICAO Assembly--next held in September 2013 in
Montreal, Canada--and other related meetings, activities, and
mechanisms thereafter; and
(2) instruct the United States Mission to the ICAO to
officially request observer status for Taiwan at the triennial ICAO
Assembly and other related meetings, activities, and mechanisms
thereafter and to actively urge ICAO member states to support such
observer status and participation for Taiwan.
(c) Report Concerning Observer Status for Taiwan at the ICAO
Assembly.--Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress a report, in
unclassified form, describing the United States strategy to endorse and
obtain observer status for Taiwan at the triennial ICAO Assembly and at
subsequent ICAO Assemblies and at other related meetings, activities,
and mechanisms thereafter. The report shall include the following:
(1) A description of the efforts the Secretary of State has
made to encourage ICAO member states to promote Taiwan's bid to
obtain observer status.
(2) The steps the Secretary of State will take to endorse and
obtain observer status for Taiwan in ICAO and at other related
meetings, activities, and mechanisms thereafter.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.