[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 579 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 579

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2013

 Mr. Menendez (for himself, Mr. Inhofe, and Mr. Coats) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   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 
        at Chicago, Illinois, December 7, 1944, and entered into force 
        April 4, 1947, established the International Civil Aviation 
        Organization (ICAO), stating that ``[t]he 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 . . . [m]eet 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 an airspace of 180,000 square 
        nautical miles and provides air traffic control services to 
        over 1,200,000 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, 112th Congress, 
        agreed to 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 (22 
        U.S.C. 290 note), 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 noncontracting 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 at the triennial 
        ICAO Assembly and at other related meetings, activities, and 
        mechanisms thereafter.
                                 <all>