[Congressional Record (Bound Edition), Volume 159 (2013), Part 7]
[Senate]
[Pages 9573-9574]
[From the U.S. 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''.

[[Page 9574]]

       (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 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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