[Congressional Record Volume 159, Number 87 (Tuesday, June 18, 2013)]
[House]
[Pages H3705-H3708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONCERNING THE PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CIVIL 
                         AVIATION ORGANIZATION

  Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1151) 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.

[[Page H3706]]

  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1151

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Royce) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on this legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of bipartisan legislation that I 
authored to help secure observer status for Taiwan at the International 
Civil Aviation Organization. This legislation requires the Secretary of 
State to develop and execute a strategy to ensure that Taiwan has a 
seat at the table for ICAO's upcoming September plenary meeting.
  It has been over 40 years since Taiwan was last a member of ICAO. 
Indeed, a lot has changed in those 40 years. As it stands now, all 
communications between Taiwan and the U.S. on aviation safety must be 
channeled through the American Institute in Taiwan, which is our 
Nation's de facto embassy in Taiwan. The fact that Taiwan can't speak 
directly to the Federal Aviation Administration without this added 
layer of bureaucracy makes no sense. After all, we are talking about 
air safety information that is otherwise readily available to all of 
ICAO's members.
  Taiwan's entry into the U.S. Visa Waiver Program last year has 
dramatically increased both the frequency of flights between our 
airports and the real number of travelers coming here to the United 
States. For my home State of California, the increase in visitors from 
Taiwan has resulted in a significant boost for the local economy, 
especially for the travel industry, the leisure industry, for 
restaurants,

[[Page H3707]]

for example, and shops. I'm proud to have worked on Taiwan's entry into 
the Visa Waiver Program because I know that, as a result of this 
agreement, Taiwanese Americans in Southern California have a much 
easier time staying connected to their families.
  Mr. Speaker, as the number of visitors from Taiwan has grown 
exponentially, there is an urgent need to ensure that Taiwan has real-
time access to air safety information. Strengthening air safety 
benefits American citizens as much as it does the Taiwanese. Every 
year, tens of thousands of Americans fly through Taiwan's air space, 
which must be as safe as it can be, and this bill will certainly help.
  Just as Taiwan was allowed to join the World Health Organization as a 
result of the SARS outbreak, so, too, should Taiwan be afforded the 
opportunity to observe the proceedings of the ICAO. We all share the 
responsibility to ensure that international air travel is safe. 
Taiwan's unique political status has thus far hindered its inclusion in 
ICAO. With this piece of legislation, we're sending a clear message 
that air safety is a priority and not a geopolitical issue.
  Earlier this year, my good friend Eliot Engel of New York and I 
traveled to Taiwan to see firsthand the immense progress that the 
people of Taiwan have made over such a short period of time. Taiwan is 
indeed a beacon of freedom in the Asia-Pacific region. We share many 
values with Taiwan, including an unwavering commitment to democracy, to 
human rights, to free markets, and to the rule of law. Helping Taiwan 
gain entry as an observer into the ICAO is the right thing to do, and I 
urge my colleagues to vote in favor of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise in strong support of H.R. 1151. 
I would certainly like to thank personally the chief sponsor of this 
proposed bill, the distinguished chairman of the Foreign Affairs 
Committee, the gentleman from California (Mr. Royce), for his 
leadership on this issue, and also our senior ranking member, the 
gentleman from New York (Mr. Engel), for his support as well. And I am 
happy to say that I'm a proud cosponsor of this bill as well.
  This legislation directs the Secretary of State to develop a strategy 
to gain observer status for Taiwan at the triennial assembly of the 
International Civil Aviation Organization (ICAO). Taiwan has made 
significant progress in its economic and political development. Today, 
Taiwan is a leading trade partner of the United States and stands as a 
beacon of democracy throughout Asia. However, Taiwan has been shut out 
of participating in international organizations like ICAO.
  Founded in 1947, ICAO's main goal is to ensure safe and efficient air 
transportation around the globe. Taiwan deserves to be brought into the 
ICAO as an observer. It has jurisdiction over an airspace of 
approximately 180,000 square nautical miles and provides air traffic 
control services to more than 1.2 million flights a year. In my recent 
visit to Taiwan as well, it was interesting to learn that there are 
approximately 600 weekly flights in existence between China and Taiwan 
alone. Taiwan's international airport is the world's 19th largest in 
terms of passenger volume, and the number of travelers between Taiwan 
and the United States is likely to increase with Taiwan's entry into 
the Visa Waiver Program last year, as mentioned earlier by my 
distinguished chairman, Mr. Royce.
  Taiwan's exclusion from ICAO has impeded Taiwan's efforts to maintain 
civil aviation practices that keep up with rapidly evolving 
international standards. It is unable to even contact ICAO for up-to-
date information on aviation standards and norms. Nor can it receive 
ICAO's technical assistance in implementing new regulations or 
participate in ICAO technical and academic seminars.
  Taiwan has made every effort to comply with ICAO's standards, but 
their continued exclusion not only hurts Taiwan, but it puts the rest 
of us in the entire world at risk, especially when you're talking about 
safety and hazardous conditions when it deals with air travel. With 
such a heavy volume of flights, Taiwan's exclusion has prevented ICAO 
from developing a truly global strategy to address security threats 
based on effective international cooperation.
  ICAO's own rules and practices allow for the meaningful participation 
of noncontracting countries as well as other organizations in its 
meetings and activities through the granting of observer status.
  The United States, in a review of Taiwan policy conducted in 1994, 
declared its intention to support Taiwan's participation in appropriate 
international organizations and has consistently reiterated that 
support.
  Mr. Speaker, with this bill today, Congress is calling on the United 
States Government to take a leading role at ICAO to assist Taiwan in 
gaining observer status, and we look forward to working with our 
administration officials to track the development of these efforts.
  Again, I thank the gentleman from California for his leadership on 
this bill, and I urge my colleagues to support this legislation.
  I reserve the balance of my time.

                              {time}  1310

  Mr. ROYCE. I thank the gentleman from American Samoa, and I'd like to 
yield 3 minutes to the gentlewoman from Florida (Ms. Ros-Lehtinen), 
chairman emeritus of the Foreign Affairs Committee and chairman of the 
Subcommittee on the Middle East and North Africa. She is also a 
cosponsor of this measure.
  Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman of our committee 
for introducing this excellent piece of legislation and for his 
leadership in our committee.
  I am very pleased to speak in favor of this legislation which assists 
Taiwan, one of our most valued allies, in obtaining observer status at 
the ICAO, or the International Civil Aviation Organization.
  Taiwan is a major hub for international air travel; and, 
particularly, it serves as the link between Northeast and Southeast 
Asia and to Europe and the United States. And now that Taiwan has 
joined the Visa Waiver Program, travel between our two nations will 
undoubtedly increase.
  Almost 1.3 million flights pass over the region each year; but due to 
the ill advised appeasement of China at the United Nations, Taiwan must 
receive its international aviation safety and security information 
secondhand.
  Taiwan's exclusion from international organizations like ICAO is a 
short-sighted and dangerous practice. It ends up hurting the 
international community as much as it does the Taiwanese people 
themselves.
  Preventing a significant player in aviation like Taiwan from 
participating in ICAO threatens the entire international community 
which depends on the application of universal aviation standards.
  Unfortunately, attempts to placate China at the feeble United Nations 
are nothing new and are a reminder that that organization lacks 
seriousness. China's threat that foreign interference will hurt 
negotiations with Taiwan to allow its participation in ICAO should be 
ignored by the U.N.
  The U.N. must do what is right for the entire international 
community, and I urge the organization to put aside its petty politics 
and work on behalf of the safety of all of the world's citizens.
  Mr. Speaker, the Taiwan Relations Act continues to be the cornerstone 
of U.S. foreign policy with our democratic ally, Taiwan; and we must 
always keep it as the guiding beacon. The next meeting of ICAO is this 
September, and I expect to see our State Department have a strategy 
that they will implement to make sure that Taiwan will be at the table 
this fall.
  The friendship between the people of the United States and Taiwan has 
cemented into one of our most cherished partnerships, and I look 
forward to the United States Government demonstrating its continued 
commitment to the people of Taiwan with the passage of this most 
excellent bill.
  I thank the chairman for the time, and I thank him for his leadership 
on Taiwan through the years.
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to associate myself and 
certainly commend the gentlelady from

[[Page H3708]]

Florida for her most eloquent statement and historical outline of what 
has happened in terms of our special relationship with the people and 
the leaders of Taiwan. And she could not have said it better.
  You know the old saying, If you're not at the table, you're going to 
be on the menu. I think Taiwan has been on the menu for too long. They 
need to be at the table and especially playing such a strong and 
important economic role as a democracy in Asia and as a beacon of light 
to all the people of Asia as to what it means to live under democratic 
conditions.
  With that, Mr. Speaker, again I thank my good friend, the chairman, 
for his leadership in bringing this bill. I have no further speakers, 
so I yield back the balance of my time.
  Mr. ROYCE. Mr. Speaker, it has been over 40 years since Taiwan last 
had a seat at the International Civil Aviation Organization. The volume 
of air traffic in and out of Taiwan's airports back then cannot be 
compared with that incredible volume of traffic, millions of planes a 
year, that come in and out of modern-day Taiwan.
  Under the Visa Waiver Program, airlines have added even more flights 
in order to take advantage of greater demand for tourists and business 
travel from Taiwan into the United States. This number is only going to 
grow as more and more Taiwanese take advantage of the Visa Waiver 
Program.
  It is time that we readmit Taiwan into ICAO so that everyone who 
boards a plane can have the utmost confidence about the safety of their 
trip. Aviation technology has progressed by leaps and bounds, and the 
idea that Taiwan cannot directly communicate with the United States or 
any other nation engaging in issues regarding air safety is not in 
anyone's interest. That's not in the interest of any nation.
  I urge my colleagues to join in supporting H.R. 1151. Taiwan is one 
of America's closest friends in the world. We share so much in common, 
including a steadfast dedication to democracy and the rule of law and 
human rights; and it is time that we fixed this problem.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise in support of H.R. 1151, 
a resolution in support of one of our nation's closest friends in the 
Asia-Pacific Region, Taiwan.
  This resolution directs the State Department to develop a strategy to 
obtain observer status for Taiwan at the upcoming International Civil 
Aviation Organization Assembly.
  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.
  In 2004, this Chamber voted, with my support, legislation in support 
of Taiwan's efforts to gain observer status to the World Health 
Organization. Those efforts finally succeeded in 2009 when Taiwan was 
included in the International Health Regulations (IHR).
  For decades, Taiwan has been a key security, economic, and political 
partner for the American people.
  Taiwan has been one of America's biggest trading partners for many 
years--the 11th largest in 2012--purchasing nearly $25 billion worth of 
American goods that year.
  Taiwan is also a global leader in information technology, 
telecommunications, and other knowledge-based industries.
  Most significantly, Taiwan is becoming a beacon of democracy for the 
Chinese people after their successful, open elections in 2008 and 2012.
  It is important for this Chamber to continue its support of the 
Taiwanese people and enhance Taiwan's standing in international bodies.
  I ask my colleagues on both sides of the aisle to join me and vote in 
support of America's partner in peace and prosperity, Taiwan.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Royce) that the House suspend the rules 
and pass the bill, H.R. 1151.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROYCE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________