[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[House]
[Pages 20239-20241]
[From the U.S. Government Publishing Office, www.gpo.gov]




        REQUIRING CONSULTATIONS ON U.S.-TAIWAN ARMS SALES TALKS

  Mr. SCOTT of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6646) to require the Secretary of State, in 
consultation with the Secretary of Defense, to provide detailed 
briefings to Congress on any recent discussions conducted between 
United States Government and the Government of Taiwan and any potential 
transfer of defense articles or defense services to the Government of 
Taiwan, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6646

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds the following:
       (1) Relations between the United States and Taiwan are 
     governed by the Taiwan Relations Act (22 U.S.C. 3301 et seq.; 
     Public Law 96-8), three joint communiques, and the Six 
     Assurances.
       (2) The Taiwan Relations Act has governed United States 
     arms sales to Taiwan since 1979, when the United States 
     extended diplomatic recognition to the People's Republic of 
     China.
       (3) The Taiwan Relations Act specifies that it is United 
     States policy, among other things, to consider any 
     nonpeaceful means to determine Taiwan's future ``a threat'' 
     to the peace and security of the Western Pacific and of 
     ``grave concern'' to the United States, ``to provide Taiwan 
     with arms of a defensive character'', and ``to maintain the 
     capacity of the United States to resist any resort to force 
     or other forms of coercion'' jeopardizing the security or 
     social or economic system of Taiwan's people.
       (4) Section 3(a) of the Taiwan Relations Act states that 
     ``the United States will make available to Taiwan such 
     defense articles and defense services in such quantity as may 
     be necessary to enable Taiwan to maintain a sufficient self-
     defense capability''.
       (5) Section 3(b) of the Taiwan Relations Act stipulates 
     that both the President and the Congress shall determine the 
     nature and quantity of such defense articles and services 
     ``based solely'' upon their judgment of the needs of Taiwan.
       (6) Taiwan has recently reversed a downward trend in 
     defense spending with a $2.2 billion increase in 2007 to $9.8 
     billion and the Defense Ministry has requested and the 
     Executive Yuan approved a 2008 budget of $10.6 billion, an 
     increase of 15 percent.
       (7) According to the Congressional Research Service, the 
     executive branch has yet to send any arms transfer 
     notifications to Congress during calendar year 2008, 
     including notifications on at least seven pending arms sales 
     programs with a total value of about $11 billion that 
     encompass programs on a submarine design, Patriot PAC-3 
     missile defense systems, and Apache and Blackhawk 
     helicopters.
       (8) Taiwanese President Ma Ying-jeou stated on July 12, 
     2008, that the island needs to secure defensive weapons from 
     the United States, despite a warming of relations with 
     mainland China.

[[Page 20240]]

       (9) On July 16, 2008, Admiral Timothy Keating, Commander of 
     the Hawaii-based United States Pacific Command, acknowledged 
     that the executive branch had imposed a ``freeze'' on arms 
     sales to Taiwan, a decision that is in contradiction to 
     longstanding United States law and policy.

     SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.

       (a) Briefings.--Not later than 90 days after the date of 
     enactment of this Act, and not later than 120 days 
     thereafter, the Secretary of State, in consultation with the 
     Secretary of Defense, shall provide detailed briefings to 
     Congress on--
       (1) any discussions conducted between any executive branch 
     agency and the Government of Taiwan during the covered 
     period; and
       (2) any potential transfer of defense articles or defense 
     services to the Government of Taiwan.
       (b) Definitions.--In this section:
       (1) Covered period.--The term ``covered period'' means--
       (A) with respect to the initial briefings required under 
     subsection (a), the period beginning on the date of the 
     enactment of this Act and ending on the date of the initial 
     briefings; and
       (B) with respect to the subsequent briefings required under 
     subsection (a), the period beginning on the day after the 
     date of the initial briefings required under subsection (a) 
     and ending on the date of the subsequent briefings.
       (2) Executive branch agency.--The term ``executive branch 
     agency'' has the meaning given the term ``agency'' in section 
     551(1) of title 5, United States Code.
       (3) Defense article.--The term ``defense article'' has the 
     meaning given the term in section 47 of the Arms Export 
     Control Act (22 U.S.C. 2794 note).
       (4) Defense service.--The term ``defense service'' has the 
     meaning given the term in section 47 of the Arms Export 
     Control Act (22 U.S.C. 2794 note).
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Scott) and the gentlewoman from Florida (Ms. Ros-Lehtinen) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. SCOTT of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. SCOTT of Georgia. Mr. Speaker, I rise in strong support of this 
resolution, and I yield myself as much time as I may consume.
  I would like to first thank my distinguished colleague, the ranking 
member of the Foreign Affairs Committee, Ileana Ros-Lehtinen, for 
introducing this very, very important legislation.
  When it comes to arms sales to Taiwan, U.S. policy is clear. We must 
ensure that the thriving democracy of Taiwan has the military 
capability necessary to defend itself from outside threats.
  The United States is obligated to provide defensive military 
equipment to Taiwan, not just because it is right to aid our democratic 
friends, but also because it is the law of the land under the Taiwan 
Relations Act.
  This act, which has been at the core of our policy towards Taiwan for 
almost three decades, clearly states that the United States should base 
its decision whether to supply defensive military equipment to Taiwan 
solely on the security needs of the Taiwanese military.
  The Taiwan Relations Act is also clear that it is the President and 
Congress that determine what military equipment shall be sold to 
Taiwan. Apparently, the White House does not understand the Taiwan 
Relations Act.
  As we speak, the administration is refusing to move forward with $11 
billion worth of arms to Taiwan, arms which the administration has 
already agreed to sell. The Taiwanese government wants the weapons, and 
the administration has recommended that the sales be approved. The only 
thing remaining is for the administration to notify Congress, and yet, 
no notification has come.
  To address this peculiar situation, over the past months the Foreign 
Affairs Committee has repeatedly requested briefings from the 
administration. Most often, the answer is simply no response. When 
pressed, State Department and other administration officials throw up 
their hands and tell us to ask the White House because it is the White 
House that is making the decision to delay notification of the sales 
and not to talk to Congress.
  H.R. 6646 requires the administration to brief the House Foreign 
Affairs Committee and the Senate Foreign Relations Committee on all 
discussions that the administration has had with the Taiwanese 
Government regarding the arms sales and on any potential transfer of 
defense equipment to Taiwan.
  I would like to point out the extraordinary measure we are taking by 
introducing this legislation. Section 15(b) of the State Department 
Basic Authorities Act provides that the Department ``shall keep the 
Committee on Foreign Affairs of the House of Representatives fully and 
currently informed with respect to all activities and responsibilities 
within the jurisdiction.'' With respect to these arms sales to Taiwan, 
this law has been ignored.
  Because of the importance of the U.S.-Taiwan relationship and the 
importance of the Taiwan Relations Act, which has helped keep peace in 
East Asia for almost 30 years, it is time for Congress to take a more 
direct step in compelling the administration to explain its decision-
making on arms sales to Taiwan.
  The stakes are too high to let the White House continue its policies 
of secrecy and disregard for congressional oversight. It is an 
injustice to our Taiwanese friends. It is a danger to our national 
security, and it is against the law.
  I strongly support this legislation and encourage my colleagues to do 
the same.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 3 minutes to the gentleman 
from California (Mr. Royce), the ranking member of the Subcommittee on 
Terrorism, Nonproliferation, and Trade.
  Mr. ROYCE. Mr. Speaker, I want to just begin by thanking 
Congresswoman Ileana Ros-Lehtinen, our distinguished ranking member on 
Foreign Affairs, for bringing this bill up before us. And, of course, 
this bill requires the State Department to provide detailed briefings 
to Congress on defense sales to the Government of Taiwan.
  Mr. Speaker, I think it's clear to us Taiwan and the U.S. have a long 
and valued partnership. Taiwan is one of the few, very vibrant 
democracies in the region, in Asia, and we continue to build on our 
already strong economic partnership that we have with that country. 
Taiwan is an important ally, and we have long considered its security a 
priority. We have commitments there with regard to that security.
  That is why this administration's decision to sit on an arms package 
worth approximately $11 billion is of concern. Today, the People's 
Republic of China continues to expand its military capabilities, 
amassing hundreds of short-range missiles pointed across the strait. 
Now they're pointed at Taiwan.
  Now some of us support arms sales to Taiwan. Others may not. But we 
can all agree, I think, that Congress should be involved in this 
process. The 1979 Taiwan Relations Act, legislation that governs U.S. 
arms sales to Taiwan, stipulates that both the President and Congress, 
this body, shall determine the nature and quantity of such defense 
articles.
  Unfortunately, Mr. Speaker, Congress has been left out. This bill, 
however, helps right that wrong, and I commend its author, Ranking 
Member Ileana Ros-Lehtinen, for bringing this bill before us today, and 
I urge its passage.
  Mr. SCOTT of Georgia. I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of H.R. 6646, a bill to require the 
executive branch to provide quarterly briefings to Congress on possible 
defense transfers from the United States to Taiwan.
  At the outset, I'd like to thank Chairman Howard Berman and the 
leadership on both sides for helping to expedite consideration of this 
legislation.

[[Page 20241]]

  Mr. Speaker, this is a modest bill. It requires the executive branch 
again to regularly brief Congress on our policy toward Taiwan and, in 
particular, the defense needs of Taiwan and the security balance across 
the strait.
  Why is this bill even necessary? Well, it's necessary because a long-
rumored freeze on United States foreign military sales to Taiwan was 
confirmed on July 16 by Admiral Timothy Keating, the commander of U.S. 
forces in the Pacific.
  According to press accounts of his remarks at the Heritage 
Foundation, Admiral Keating observed that there have been ``no 
significant arms sales from the U.S. to Taiwan in relatively recent 
times,'' and that the absence of arms sales under the Foreign Military 
Sales process reflected ``administration policy.''

                              {time}  1530

  Admiral Keating went on to suggest that he had, in fact, discussed 
the issue of Taiwan arms sales with leaders in Beijing, noting that, 
``The Chinese have made clear to me their concerns over any arms sales 
to Taiwan.''
  I found Admiral Keating's remarks at the Heritage Foundation 
affirming that there was, in fact, a ``freeze'' on arms sales to Taiwan 
to be a cause for great concern. Even more disturbing was the Admiral's 
indication that the Chinese leadership had had some input into the 
decision of the United States about Taiwan's defensive needs and our 
commitment to Taiwan under our laws.
  The Taiwan Relations Act gives Congress a clear role in the provision 
of defensive weapons to Taiwan. President Reagan's ``Six Assurances'' 
to Taiwan was a solemn commitment made over a quarter century ago 
making it clear that there should be no pre-consultation with Beijing 
on this matter. However, it seems that, while Congress has been left in 
the dark on this issue--which is of vital concern to our national 
security interests--the Chinese leadership has been kept fully abreast 
of our Nation's intentions.
  Last year, the House passed a resolution that I put forward which 
declared, ``It shall continue to be the policy of the United States, 
consistent with the Taiwan Relations Act, to make available to Taiwan 
such defense articles and services as may be necessary for Taiwan to 
maintain a sufficient self-defense capability.'' That remains my firm 
position.
  The legitimate defense needs of our friends in Taiwan must be met no 
matter who attended the Beijing Olympics nor how helpful the State 
Department says that China has been in the talks with North Korea. That 
is the clear intention of the Taiwan Relations Act. That is the clear 
commitment that President Reagan gave to Taiwan. On this matter, Mr. 
Speaker, there can be no backsliding or compromise.
  I hope and I trust that this bill can be passed swiftly prior to 
congressional adjournment and thereby alleviate some of the confusion 
over this so-called arms ``freeze.''
  For almost 30 years, the judicious sale of defensive weapons has been 
an essential element in the United States support for a secure, stable 
and democratic Taiwan as well as for peace and stability across the 
Taiwan Strait. Now is not the time to backtrack from that historic and 
bipartisan policy.
  Mr. Speaker, this Congress should do everything in its power to 
ensure that Taiwan will continue as a beacon of democracy shining its 
light directly across the strait in the very heart of Tiananmen Square.
  I urge support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Georgia. Mr. Speaker, I yield 2 minutes to the 
gentlelady from Nevada, Ms. Shelley Berkley.
  Ms. BERKLEY. I thank the gentleman for yielding, and I thank the 
gentlewoman from Florida (Ms. Ros-Lehtinen) for her strong leadership 
on this issue.
  I will not speak long, Mr. Speaker, because this issue could not be 
more simple to understand.
  I rise today as a proud cosponsor of this bill and as co-chairman of 
the Congressional Taiwan Caucus.
  Mr. Speaker, this administration talks about spreading democracy and 
expanding liberty. In the case of Taiwan, we don't need to topple a 
dictator in order to show our support for one of the world's most 
embattled democracies, we simply need to help them protect themselves. 
And yet we cannot get this administration to tell us if they in fact 
will deliver the arms that they have already promised to Taiwan. Will 
they allow Taiwan to acquire the weapons they need, or will this 
administration continue to curry favor with the Chinese and refuse to 
help our democratic ally in its time of need?
  We have written letters, Members of this body have made statements, 
and now we're passing a law just to get simple answers from the 
President of the United States. We cannot and should not wait any 
longer. Taiwan and its democratic citizens ought not have to wait any 
longer. Let us deliver the arms that we have promised to the Taiwan 
people.
  I urge support for this bill.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Georgia. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Scott) that the House suspend the rules and 
pass the bill, H.R. 6646, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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