    [House Hearing, 112 Congress]
    [From the U.S. Government Publishing Office]

    TO STRENGTHEN AND CLARIFY THE COMMERCIAL, CULTURAL, AND OTHER RELATIONS
    BETWEEN THE UNITED STATES AND THE PEOPLE OF TAIWAN, AS CODIFIED IN THE
      TAIWAN RELATIONS ACT, AND FOR OTHER PURPOSES; AND TO PROVIDE TAIWAN
     WITH CRITICALLY NEEDED UNITED STATES-BUILT MULTIROLE FIGHTER AIRCRAFT
       TO STRENGTHEN ITS SELF-DEFENSE CAPABILITY AGAINST THE INCREASING
                           MILITARY THREAT FROM CHINA

    =======================================================================

                                     MARKUP

                                   BEFORE THE

                          COMMITTEE ON FOREIGN AFFAIRS

                            HOUSE OF REPRESENTATIVES

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                       ON

                            H.R. 2918 and H.R. 2992

                                   __________

                               NOVEMBER 17, 2011

                                   __________

                               Serial No. 112-116

                                   __________

            Printed for the use of the Committee on Foreign Affairs

    Available via the World Wide Web: http://www.foreignaffairs.house.gov/
                                      or
                           http://www.gpo.gov/fdsys/

                                     ______

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                          COMMITTEE ON FOREIGN AFFAIRS

                     ILEANA ROS-LEHTINEN, Florida, Chairman
    CHRISTOPHER H. SMITH, New Jersey     HOWARD L. BERMAN, California
    DAN BURTON, Indiana                  GARY L. ACKERMAN, New York
    ELTON GALLEGLY, California           ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    DONALD A. MANZULLO, Illinois         DONALD M. PAYNE, New Jersey
    EDWARD R. ROYCE, California          BRAD SHERMAN, California
    STEVE CHABOT, Ohio                   ELIOT L. ENGEL, New York
    RON PAUL, Texas                      GREGORY W. MEEKS, New York
    MIKE PENCE, Indiana                  RUSS CARNAHAN, Missouri
    JOE WILSON, South Carolina           ALBIO SIRES, New Jersey
    CONNIE MACK, Florida                 GERALD E. CONNOLLY, Virginia
    JEFF FORTENBERRY, Nebraska           THEODORE E. DEUTCH, Florida
    MICHAEL T. McCAUL, Texas             DENNIS CARDOZA, California
    TED POE, Texas                       BEN CHANDLER, Kentucky
    GUS M. BILIRAKIS, Florida            BRIAN HIGGINS, New York
    JEAN SCHMIDT, Ohio                   ALLYSON SCHWARTZ, Pennsylvania
    BILL JOHNSON, Ohio                   CHRISTOPHER S. MURPHY, Connecticut
    DAVID RIVERA, Florida                FREDERICA WILSON, Florida
    MIKE KELLY, Pennsylvania             KAREN BASS, California
    TIM GRIFFIN, Arkansas                WILLIAM KEATING, Massachusetts
    TOM MARINO, Pennsylvania             DAVID CICILLINE, Rhode Island
    JEFF DUNCAN, South Carolina
    ANN MARIE BUERKLE, New York
    RENEE ELLMERS, North Carolina
    ROBERT TURNER, New York
                       Yleem D.S. Poblete, Staff Director
                 Richard J. Kessler, Democratic Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 2918, To strengthen and clarify the commercial, cultural,
      and other relations between the United States and the people of
      Taiwan, as codified in the Taiwan Relations Act, and for other
      purposes.......................................................     2
      Amendment in the nature of a substitute to H.R. 2918 offered by
        the Honorable Ileana Ros-Lehtinen, a Representative in
        Congress from the State of Florida, and chairman, Committee
        on Foreign Affairs...........................................    26
      Amendment to H.R. 2918 offered by the Honorable Gerald E.
        Connolly, a Representative in Congress from the Commonwealth
        of Virginia..................................................    28
    H.R. 2992, To provide Taiwan with critically needed Untied
      States-built multirole fighter aircraft to strengthen its self-
      defense capability against the increasing military threat from
      China..........................................................    29
      Amendment to H.R. 2992 offered by the Honorable Gerald E.
        Connolly.....................................................    34

              LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD
                                    APPENDIX

    Markup notice....................................................    42
    Markup minutes...................................................    43
    The Honorable Elton Gallegly, a Representative in Congress from
      the State of California: Prepared statement on H.R. 2918.......    45
    The Honorable Gerald E. Connolly: Prepared statement on H.R. 2992    48
    TO STRENGTHEN AND CLARIFY THE COMMERCIAL, CULTURAL, AND OTHER RELATIONS
    BETWEEN THE UNITED STATES AND THE PEOPLE OF TAIWAN, AS CODIFIED IN THE
      TAIWAN RELATIONS ACT, AND FOR OTHER PURPOSES; AND TO PROVIDE TAIWAN
     WITH CRITICALLY NEEDED UNITED STATES-BUILT MULTIROLE FIGHTER AIRCRAFT
       TO STRENGTHEN ITS SELF-DEFENSE CAPABILITY AGAINST THE INCREASING
                           MILITARY THREAT FROM CHINA

                                  ----------

                          THURSDAY, NOVEMBER 17, 2011

                      House of Representatives,
                                  Committee on Foreign Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10 o'clock a.m.,
    in room 2172 Rayburn House Office Building, Hon. Ileana Ros-
    Lehtinen (chairman of the committee) presiding.
        Chairman Ros-Lehtinen. The committee will come to order.
    Pursuant to notice the committee meets this morning to mark up
    two strongly bipartisan measures, H.R. 2918, the Taiwan Policy
    Act of 2011; and H.R. 2992, the Taiwan Airpower Modernization
    Act of 2011. Members have before them copies of both bills as
    well as the three brief bipartisan amendments that were
    provided to your offices earlier this week.
        According to the expedited procedures shared with everyone
    yesterday, we will consider and approve all of those measures
    en bloc and then I will recognize myself, the ranking member,
    and any other member seeking recognition for remarks. All
    members are given leave to insert written remarks into the
    record, should they choose to do so.
        And so without objection, the following measures are
    considered as read and will be considered en bloc: H.R. 2918,
    the Taiwan Policy Act of 2011; amendment 97 to H.R. 2918,
    offered by the Chair; amendment 105 to H.R. 2918, offered by
    Mr. Connolly; H.R. 2992, the Taiwan Airpower Modernization Act
    of 2011; and amendment 106 to H.R. 2992, offered by Mr.
    Connolly.
        [The information referred to follows:]H.R.
    2918 deg.

        Chairman Ros-Lehtinen. The Chair moves that the measures
    just listed be adopted by the committee. All those in favor say
    aye.
        [Chorus of ayes.]
        All opposed no.
        In the opinion of the Chair, the ayes have it and the bills
    and amendments considered en bloc are approved. Without
    objection, H.R. 2918 and H.R. 2922, as amended, will each be
    reported as a single amendment in the nature of a substitute
    and staff are directed to make technical and conforming
    changes.
        I will recognize members who wish to make statements on
    these measures beginning with myself and the ranking member.
        The committee just adopted legislation relating to U.S.-
    Taiwan relations and the defense needs of Taiwan including H.R.
    2918, the Taiwan Policy Act of 2011. This legislation is
    designed to address the drift and lack of strategic thinking
    that has hurt the relationship in recent years. Although Taiwan
    maintains the staunch support of its many friends in Congress,
    the relationship has been placed on the defensive this past
    year by a growing number of policy revisions. Apologists who
    would use Taiwan as a bargaining chip to placate a rising China
    started voicing their views in the Journal of Foreign Affairs
    at the beginning of the year and have continued with an article
    last week titled, ``To Save Our Economy, Ditch Taiwan.''
        It was due to concerns over these voices of appeasement
    that I felt it necessary to further strengthen and clarify our
    relations with the people of Taiwan by introducing the Taiwan
    Policy Act, and I note that in the audience we have Mr. Lester
    Wolff, a former Member of Congress, who this morning gave me
    his book, an analytic compilation with documents on subsequent
    developments on the legislative history of the Taiwan Relations
    Act, which has been the cornerstone of U.S.-Taiwan policies.
    Good to see you, Congressman Wolff.
        These concerns have only been amplified by the
    administration's regrettable and short-sighted decision not to
    sell the next generation of F-16 CD fighters to Taiwan despite
    growing evidence of China's increasing military threat to the
    island. Taiwan needs those F-16s, and she needs them now, to
    defend the skies over the Taiwan Strait. And Taiwan also needs
    diesel submarines, and she needs them now, to protect her
    territorial waters from the rapidly expanding PLA navy. And
    Secretary of Defense Leon Panetta's comments last month in Bali
    that we gave Beijing ``a heads up'' before the formal
    announcement on armed sales to Taiwan, despite assurances to
    the contrary given by administration witnesses at a prior
    committee hearing, raises further concerns about adherence to
    the Taiwan Relations Act and Ronald Reagan's Six Assurances.
        The bill considered and adopted today will help ensure that
    Taiwan's peace, prosperity, and security will be maintained for
    the next three decades and beyond. It would also further
    strengthen commercial relations between the United States and
    the people of Taiwan. While American trade interests in Asia
    stagnate, Beijing is expanding its own commercial interests
    even further out into the Pacific. Washington cannot cede
    supremacy in economic influence over the Pacific to Beijing.
    This legislation would also expedite people-to-people ties that
    are so vital to strengthening our bilateral relations by
    including Taiwan in the Visa Waiver Program consistent with our
    homeland security requirements.
        By building on the firm foundation laid by the Taiwan
    Relations Act over three decades ago, the Taiwan Policy Act
    will serve to move relations between the peoples of the United
    States and Taiwan to new levels in the areas of security,
    trade, and international travel. This committee showed its
    support for the people of Taiwan, for the sale of F-16 fighters
    to this island democracy, and for the spirit of the Taiwan
    Relations Act by taking favorable action on this legislation.
        Similarly, the committee also considered H.R. 2992, the
    Taiwan Airpower Modernization Act today. This important
    legislation was introduced by Congresswoman Granger, the
    distinguished chair of the Subcommittee on State, Foreign
    Operations of the Appropriations Committee. As the name of the
    title suggests, this is straight-forward legislation. It simply
    requires that the President carry out the sale of no fewer than
    66-16C/D multiple fighter aircraft to Taiwan.
        As members are aware, under the terms of the Taiwan
    Relations Act, the U.S. is obligated to make available defense
    articles and services necessary for Taiwan's self defense. In
    order to meet this requirement, the U.S. must provide Taiwan
    with the equipment necessary to help the island nation defend
    its own airspace.
        While the recent agreement by the U.S. to upgrade Taiwan's
    existing fleet of F-16s is a step in the right direction,
    Taiwan also urgently needs new advanced combat aircraft to help
    meet the growing menace from communist China. Accordingly, it
    is long past due for the executive branch to cease its
    dithering on this issue, and sell Taiwan the new F-16s it has
    sought since the year 2006. I strongly support passage of this
    legislation.
        And now I'm pleased to recognize my friend, the ranking
    member, for comments that he might like to make. Mr. Berman.
        Mr. Berman. Well, thank you very much, Madam Chairman, for
    scheduling the markup and particularly thank you for doing this
    in a way that I know since I'm a strong supporter of both bills
    that nothing I say can screw up its passage. I am a great
    admirer of what the Taiwanese people have accomplished and
    therefore am a strong supporter of Taiwan and both of these
    bills will bolster our bilateral relationship with an important
    friend and ally.
        H.R. 2992, the Taiwan Airpower Modernization Act of 2011
    seeks to provide Taiwan with advanced F-16 CD fighter jets in
    order to strengthen Taiwan's self-defense capability against
    the increasing military threat from mainland China.
        I welcome the Obama administration's decision to upgrade
    Taiwan's existing fleet of F-16 fighters, but view that as only
    a first step. Taiwan needs more advanced F-16s to help deter
    and if necessary defend against an attack from China. And it
    needs them sooner rather than later, as China has still not
    renounced the use of military force to resolve its longstanding
    dispute with Taiwan.
        When this committee held a hearing on Taiwan last month,
    the administration stated that it had not closed the door to
    selling new F-16 CDs to Taiwan and would continue to evaluate
    Taipei's interest in acquiring these advanced fighter jets.
    H.R. 2992 is the logical next step in ensuring Taiwan can
    maintain a sufficient defensive capability and in satisfying
    Taiwan's interest in procuring these new fighters.
        Members on both sides of the aisle have a strong commitment
    to maintaining Taiwan's security in the face of the growing
    Chinese military threat and this bipartisan bill is a vehicle
    to express Congress' commitment.
        The other Taiwan bill before us, H.R. 2198, the Taiwan
    Policy Act of 2011, your bill, Madam Chairman, is intended to
    strengthen and update certain aspects of the U.S.-Taiwan
    relationship. I'm especially pleased to see that it includes a
    provision that would allow senior leaders of Taiwan to visit
    the United States, a problem that has long needed a remedy. Why
    is it that the President of a democratic partner of the United
    States is not allowed to visit this country, except as part of
    transit stops to other countries? It's time that all Taiwanese
    officials are afforded the proper respect and be allowed to
    visit the United States.
        Your bill, Madam Chairman, also includes provisions to
    maintain U.S. support for Taiwan's meaningful participation in
    international organizations like the World Health Assembly and
    the International Civil Aviation Organization. I have long been
    a supporter of Taiwan's participation in the World Health
    Organization and am pleased to see this act continues U.S.
    policy to ensure Taiwan's continued participation in the WHA
    and other international organizations in the future. Both of
    these bills before the committee today will continue the strong
    U.S. support for Taiwan and maintain the close ties between the
    U.S. and the people of Taiwan. I urge--I don't need to, my
    colleague, I'm glad my colleague supported these pieces of
    legislation and I yield back.
        Chairman Ros-Lehtinen. Thank you so much.
        Mr. Berman. Can I have one----
        Chairman Ros-Lehtinen. Yes, sir. Yes, sir.
        Mr. Berman. I've got a few seconds here. Just on the larger
    issue, one thing I do want to say is it is quite evident both
    on the general issue of America's presence in the Western
    Pacific that this administration is deeply committed to
    maintaining and strengthening that presence this very week. And
    by the administration's own commitments with respect to any
    defense cuts that may be coming, none of those cuts, none of
    that presence is going to be reduced. It's being strengthened
    and part of the demonstration of that is the closer and closer
    ties that many of the countries of East Asia are seeking with
    the United States on that issue. So on this issue, I think we
    have nothing to fear. The administration, I think, is actually
    pursuing this quite diligently and effectively. With that, I
    yield back.
        Chairman Ros-Lehtinen. Thank you so much, Mr. Berman.
        Mr. Rohrabacher is recognized.
        Mr. Rohrabacher. I pass. Thank you very much.
        Chairman Ros-Lehtinen. Mr. Royce is recognized for any
    statements you might like.
        Mr. Royce. Thank you, Madam Chairman. Thank you both for
    your leadership on Taiwan, Madam Chairman. Thanks for holding
    this markup. This legislation, of which I'm an original co-
    sponsor, comes at a pretty important time, because there's an
    academic debate that's brewing. You see it in the papers about
    ``abandoning Taiwan.'' According to some, we should have the
    United States back away from Taiwan to supposedly improve
    relations with China. I think members understand that stepping
    back from Taiwan would not result in China taking a firmer line
    on North Korea, which is a concern to us, or on Iran's nuclear
    programs. It would have no impact on that. It wouldn't get
    China to drop its predatory economic policies. What I'm
    concerned it might do, it might be more likely that China would
    conclude that the U.S. is weak and can be manipulated.
        I would argue if you really think it through, when you
    reflect on this, that that could be the result. It is
    interesting that tensions between China and its other neighbors
    have heightened. You have to think this through in the context
    of this hypothesis on abandoning Taiwan because that reality,
    those heightened tensions, undercuts the theory that China's
    dispute with Taiwan is the only impediment to its peaceful
    rise. Bad ideas need to be challenged before they take grip.
    Moving this bill forward, demonstrating our broad commitment to
    Taiwan pours cold water over such naive thinking.
        I do regret, however, that another committee forced us to
    walk back the introduced language on U.S.-Taiwan economic
    relations. Earlier this year we heard testimony on how a single
    issue representing less than 1 percent of our bilateral trade
    relationship is being used to hold up our entire trade
    relationship. This is our ninth largest trading partner,
    colleagues. We should be talking and working to address U.S.
    economic interests. But that said, this is a good bill which we
    should advance. I urge its passage. Thank you, Madam Chair.
        Chairman Ros-Lehtinen. Thank you very much, Mr. Royce. Mr.
    Chabot is recognized.
        Mr. Chabot. Thank you, Madam Chair. I thank the chair and
    the ranking member for their statements and I agree with
    virtually every thing that each one of them said.
        Chairman Ros-Lehtinen. But mostly with my words.
        Mr. Chabot. Mostly with yours, but Mr. Berman was
    particularly articulate this morning as well. But I have been
    with one of the co-chairs of the Congressional Taiwan Caucus
    for about 10 years before my 2-year involuntary sabbatical and
    now back, so I've had a great interest and been there probably
    8 or 9 times over my 15 years here in Congress and have watched
    this relationship between Taiwan and the Peoples Republic of
    China as China has increased from I think it was 500, 600
    missiles when I first came in '95 to over 1,400 missiles that
    are aimed at Taiwan right now.
        Let's face it, as much as we trade with China over the next
    century and probably beyond that, they're going to be our
    principal rival on this planet and it can be a cooperative
    relationship, we can trade back and forth to the benefit of
    both countries and the world or China can continue to go down
    this path where they're flexing their muscle in the region.
    Other countries, I think, are being intimidated. They've tried
    to bully Taiwan for years and years now. So we have to be there
    for our allies. Taiwan has been a strong ally. Does rely upon
    the United States to a considerable degree. In general, we've
    been a reliable ally, but to be perfectly honest here, again, I
    think relative to the planes we should have given them, the
    most advanced technology, and I would encourage us to do that
    as quickly as possible in that area. I'll yield to the
    gentleman from California.
        Mr. Royce. I thank the gentleman from Ohio for yielding. I
    wanted to add my support for some of the points that Mr. Berman
    made about the F-16 sales. In the administration's reluctance
    to engage and follow through on those sales, I think that that
    is a necessary credible deterrent. I think we have certain
    responsibilities here that need to be fulfilled. I hope we can
    return to this issue; we find an avenue to do it because we
    have not taken the steps necessary to really send that message
    and create that credible deterrence. Thank you.
        Mr. Chabot. I'll yield back.
        Chairman Ros-Lehtinen. Thank you so much and I want to
    thank the members and the staff on both sides of the aisle for
    the good work and the cooperation that went into these bills in
    today's markup. Having concluding our business, the committee
    is adjourned. Thank you gentleman and ladies.
        [Whereupon, at 10:25 a.m., the markup was concluded.]

                                A P P E N D I X

                                  ----------

         Material Submitted for the Hearing RecordNotice deg.

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