[Congressional Record Volume 159, Number 88 (Wednesday, June 19, 2013)]
[Senate]
[Pages S4716-S4717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TAIWAN OBSERVER STATUS ACT
Mr. REID. I ask unanimous consent to proceed to Calendar No. 86, S.
579.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read a third time, passed, and the motion to reconsider be made and
laid upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 579) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 579
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
[[Page S4717]]
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.
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