116 S1678 RS: Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 U.S. Senate 2019-05-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 237116th CONGRESS1st SessionS. 1678IN THE SENATE OF THE UNITED STATESMay 23 (legislative day, May 22), 2019Mr. Gardner (for himself, Mr. Coons, Mr. Rubio, Mr. Cornyn, Mr. Menendez, Mr. Romney, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsSeptember 26, 2019Reported by Mr. Risch, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo express United States support for Taiwan's diplomatic alliances around the world.

1.

Short title

This Act may be cited as the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019.

2.

Diplomatic relations with Taiwan

(a)

Findings

Congress makes the following findings: (1)The Taiwan Relations Act of 1979 (Public Law 96–8) 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. (2)The Taiwan Relations Act of 1979 states that it is the policy of the United States 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)Taiwan is a free, democratic, and prosperous nation of 23,000,000 people and an important contributor to peace and stability around the world. (4)Since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Government of the People’s Republic of China has intensified its efforts to pressure Taiwan. (5)Since 2016, the Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, and El Salvador have severed diplomatic relations with Taiwan in favor of diplomatic relations with China. (6)Taiwan currently maintains full diplomatic relations with 17 nations around the world. (7)According to President Tsai Ing-wen, the severance of diplomatic ties is part of a series of diplomatic and military acts of coercion. (8)The Asia Reassurance Initiative Act of 2018 (Public Law 115–409) states that— (A)it is United States policy to support the close economic, political, and security relationship between Taiwan and the United States; and (B)the President should— (i)conduct regular transfers of defense articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities, into its military forces; and (ii)encourage the travel of high-level United States officials to Taiwan, in accordance with the Taiwan Travel Act.

3.

Report on United States strategy regarding Taiwan's international recognition

(a)

In general

Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State or a designee of the Secretary shall submit to the appropriate congressional committees a report on actions taken by the United States to reaffirm and strengthen Taiwan's international alliances around the world. (b)

Elements

Each report required by subsection (a) shall include the following elements: (1)A description of the actions taken by the Secretary of State, or designees of the Secretary, effective May 20, 2016, to consult with governments around the world, including the governments that maintain official diplomatic relations with Taiwan, with the purpose of inducing those governments to maintain official diplomatic relations with Taiwan or otherwise strengthen unofficial relations with Taiwan. (2)An enumeration of specific countries of concern, if any, and a description of the actions taken, or actions anticipated, by those governments, commencing May 20, 2016, to alter the formal diplomatic ties with Taiwan or to otherwise downgrade official or unofficial relations. (3)A plan of action to engage with the governments of the countries identified in paragraphs (1) and (2) and increase cooperation with respect to Taiwan. (c)

Form of report

Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

4.

Authorization to consider modification of United States diplomatic presence with nations taking actions to undermine Taiwan

(a)

In general

The Secretary of State may consider taking such action to modify United States diplomatic presence as necessary and appropriate to provide incentives to countries considering or taking steps to alter or downgrade official or unofficial ties with Taiwan. (b)

Actions included

Actions described in subsection (a) may include— (1)supplementing or reducing the appropriate diplomatic presence in the United States of countries identified pursuant to section 3 as having taken, or anticipating, actions to alter formal diplomatic ties with Taiwan or otherwise downgrade relations; and (2)supplementing or reducing the diplomatic presence of the United States in those countries. (c)

Consultation

Not less than 30 days before taking any action under subsection (a), the Secretary shall consult with the appropriate congressional committees with respect to the action.

5.

Authorization to consider adjustment of United States assistance to nations taking actions to undermine Taiwan

(a)

In general

The Secretary of State may consider the expansion, termination, or reduction of United States foreign assistance to countries identified pursuant to section 3 as having taken, or anticipating, actions to alter or downgrade official or unofficial ties with Taiwan or otherwise downgrade relations. (b)

Assistance included

Assistance for consideration under subsection (a) may include— (1)assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund); (2)military assistance provided pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing Program); and (3)assistance provided under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training). (c)

Consultation

Not less than 30 days before taking any action under subsection (a), the Secretary shall consult with the appropriate congressional committees with respect to the action, as well as comply with the notification procedures applicable to reprogramming pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).

6.

Policy of the United States with regard to Taiwan’s participation in in­ter­na­tion­al organizations

It should be the policy of the United States— (1)to advocate, as appropriate— (A)for Taiwan’s membership in all international organizations in which statehood is not a requirement and in which the United States is also a participant; and (B)for Taiwan to be granted observer status in other appropriate international organizations; (2)to instruct, as appropriate, representatives of the United States Government in all organizations described in paragraph (1) to use the voice and vote of the United States to advocate for Taiwan’s membership or observer status in such organizations; and (3)for the President or the President's designees to advocate, as appropriate, for Taiwan’s membership or observer status in all organizations described in paragraph (1) as part of any relevant bilateral engagements between the United States and the People’s Republic of China, including leader summits and the U.S.-China Comprehensive Economic Dialogue.

7.

Appropriate congressional committees defined

In this Act, the term appropriate congressional committees means— (1)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

1.

Short title

This Act may be cited as the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019.

2.

Diplomatic relations with Taiwan

(a)

Findings

Congress makes the following findings: (1)The Taiwan Relations Act of 1979 (Public Law 96–8) 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. (2)The Taiwan Relations Act of 1979 states that it is the policy of the United States 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)Taiwan is a free, democratic, and prosperous nation of 23,000,000 people and an important contributor to peace and stability around the world. (4)Since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Government of the People’s Republic of China has intensified its efforts to pressure Taiwan. (5)Since 2016, the Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and Kiribati have severed diplomatic relations with Taiwan in favor of diplomatic relations with China. (6)Taiwan currently maintains full diplomatic relations with 15 nations around the world. (7)Taiwan’s unofficial relations with the United States, Australia, India, Japan, and other countries are of significant benefit in strengthening Taiwan’s economy and preserving its international space. (8)According to President Tsai Ing-wen, the severance of diplomatic ties with Taiwan in favor of diplomatic relations with China is part of a series of diplomatic and military acts of coercion by China. (9)The Asia Reassurance Initiative Act of 2018 (Public Law 115–409) states that— (A)it is United States policy to support the close economic, political, and security relationship between Taiwan and the United States; and (B)the President should— (i)conduct regular transfers of defense articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities, into its military forces; and (ii)encourage the travel of high-level United States officials to Taiwan, in accordance with the Taiwan Travel Act.

3.

Strengthening of official or unofficial ties with Taiwan

(a)

Sense of Congress

It is the sense of Congress that the United States Government should— (1)support Taiwan in strengthening its official diplomatic relationships as well as unofficial partnerships with countries in the Indo-Pacific region and around the world; (2)consider, in certain cases as appropriate and in alignment with United States interests, increasing its economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan; and (3)consider, in certain cases as appropriate and in alignment with United States interests, reducing its economic, security, and diplomatic engagement with nations that take serious or significant actions to undermine Taiwan. (b)

Consultation

Not less than 30 days before increasing or decreasing the United States Government's economic, security, or diplomatic engagement with another nation as a result of an action taken by that nation to either strengthen or undermine ties with Taiwan, the Secretary of State shall consult with the appropriate congressional committees with respect to the proposed United States action or actions. (c)

Rule of construction

Nothing in this Act shall be construed to supersede or otherwise alter obligations to comply with the notification procedures applicable to reprogramming pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).

4.

Policy of the United States with regard to Taiwan’s participation in international organizations

It should be the policy of the United States— (1)to advocate, as appropriate— (A)for Taiwan’s membership in all international organizations in which statehood is not a requirement and in which the United States is also a participant; and (B)for Taiwan to be granted observer status in other appropriate international organizations; (2)to instruct, as appropriate, representatives of the United States Government in all organizations described in paragraph (1) to use the voice, vote, and influence of the United States to advocate for Taiwan’s membership or observer status in such organizations; and (3)for the President or the President's designees to advocate, as appropriate, for Taiwan’s membership or observer status in all organizations described in paragraph (1) as part of any relevant bilateral engagements between the United States and the People’s Republic of China, including leader summits and the U.S.-China Comprehensive Economic Dialogue.

5.

Sense of Congress on trade negotiations with Taiwan

It is the sense of Congress that the United States should engage in bilateral trade negotiations with Taiwan, with the goal of entering into a free trade agreement that is of mutual economic benefit and that protects United States workers and benefits United States exporters.

6.

Appropriate congressional committees defined

In this Act, the term appropriate congressional committees means— (1)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

September 26, 2019Reported with an amendment