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An Act to authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes

Public Law 106-065

Enacted 5 October 1999

The following is the section of this Public Law relevant to Taiwan.

Full text of Public Law 106-065

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DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE X--GENERAL PROVISIONS

Subtitle B--Naval Vessels and Shipyards

  • Sec. 1018. Authority to transfer naval vessels to certain foreign countries
    • (a) Authority To Transfer.--
      • (1) Dominican Republic.--The Secretary of the Navy is authorized to transfer to the Government of the Dominican Republic the medium auxiliary floating dry dock AFDM 2. Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
      • (2) Ecuador.--The Secretary of the Navy is authorized to transfer to the Government of Ecuador the ``OAK RIDGE'' class medium auxiliary repair dry dock ALAMOGORDO (ARDM 2). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
      • (3) Egypt.--The Secretary of the Navy is authorized to transfer to the Government of Egypt the ``NEWPORT'' class tank landing ships BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). Such transfers shall be on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
      • (4) Greece.--The Secretary of the Navy is authorized to transfer to the Government of Greece the ``KNOX'' class frigate CONNOLE (FF 1056). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
      • (5) Mexico.--The Secretary of the Navy is authorized to transfer to the Government of Mexico the ``NEWPORT'' class tank landing ship NEWPORT (LST 1179) and the ``KNOX'' class frigate WHIPPLE (FF 1062). Such transfers shall be on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
      • (6) Poland.--The Secretary of the Navy is authorized to transfer to the Government of Poland the ``OLIVER HAZARD PERRY'' class guided missile frigate CLARK (FFG 11). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
      • (7) Taiwan.--The Secretary of the Navy is authorized to transfer to the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act) the ``NEWPORT'' class tank landing ship SCHENECTADY (LST 1185). Such transfer shall be on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
      • (8) Thailand.--The Secretary of the Navy is authorized to transfer to the Government of Thailand the ``KNOX'' class frigate TRUETT (FF 1095). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 
      • (9) Turkey.--The Secretary of the Navy is authorized to transfer to the Government of Turkey the ``OLIVER HAZARD PERRY'' class guided missile frigates FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers shall be on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
    • (b) Inapplicability of Aggregate Annual Limitation on Value of Transferred Excess Defense Articles.--The value of naval vessels authorized by subsection (a) to be transferred on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) shall not be included in the aggregate annual value of transferred excess defense articles which is subject to the aggregate annual limitation set forth in subsection (g) of that section.
    • (c) Costs of Transfers.--Any expense of the United States in connection with a transfer authorized by subsection (a) shall be charged to the recipient.
    • (d) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the Secretary of the Navy shall require, as a condition of the transfer of a vessel under subsection (a), that the country to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard.
    • (e) Expiration of Authority.--The authority granted by subsection (a) shall expire at the end of the two-year period beginning on the date of the enactment of this Act.

* * * * * *

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Relating to the People's Republic of China

  • Sec. 1201. Limitation on military-to-military exchanges and contacts with Chinese People's Liberation Army
    • (a) LIMITATION- The Secretary of Defense may not authorize any military-to-military exchange or contact described in subsection (b) to be conducted by the armed forces with representatives of the People's Liberation Army of the People's Republic of China if that exchange or contact would create a national security risk due to an inappropriate exposure specified in subsection (b).
    • (b) COVERED EXCHANGES AND CONTACTS- Subsection (a) applies to any military-to-military exchange or contact that includes inappropriate exposure to any of the following:
      • (1) Force projection operations.
      • (2) Nuclear operations.
      • (3) Advanced combined-arms and joint combat operations.
      • (4) Advanced logistical operations.
      • (5) Chemical and biological defense and other capabilities related to weapons of mass destruction.
      • (6) Surveillance and reconnaissance operations.
      • (7) Joint warfighting experiments and other activities related to a transformation in warfare.
      • (8) Military space operations.
      • (9) Other advanced capabilities of the Armed Forces.
      • (10) Arms sales or military-related technology transfers.
      • (11) Release of classified or restricted information.
      • (12) Access to a Department of Defense laboratory.
    • (c) EXCEPTIONS- Subsection (a) does not apply to any search-and-rescue or humanitarian operation or exercise.
    • (d) ANNUAL CERTIFICATION BY SECRETARY- The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than December 31 each year, a certification in writing as to whether or not any military-to-military exchange or contact during that calendar year was conducted in violation of subsection (a).
    • (e) ANNUAL REPORT - Not later than March 31 each year beginning in 2001, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report providing the Secretary's assessment of the current state of military-to-military exchanges and contacts with the People's Liberation Army. The report shall include the following:
      • (1) A summary of all such military-to-military contacts during the period since the last such report , including a summary of topics discussed and questions asked by the Chinese participants in those contacts.
      • (2) A description of the military-to-military exchanges and contacts scheduled for the next 12-month period and a plan for future contacts and exchanges.
      • (3) The Secretary's assessment of the benefits the Chinese expect to gain from those military-to-military exchanges and contacts.
      • (4) The Secretary's assessment of the benefits the Department of Defense expects to gain from those military-to-military exchanges and contacts.
      • (5) The Secretary's assessment of how military-to-military exchanges and contacts with the People's Liberation Army fit into the larger security relationship between the United States and the People's Republic of China
    • (f) REPORT OF PAST MILITARY-TO-MILITARY EXCHANGES AND CONTACTS WITH THE PRC- Not later than March 31, 2000, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on past military-to-military exchanges and contacts between the United States and the People's Republic of China . The report shall be unclassified, but may contain a classified annex, and shall include the following:
      • (1) A list of the general and flag grade officers of the People's Liberation Army who have visited United States military installations since January 1, 1993.
      • (2) The itinerary of the visits referred to in paragraph (2), including the installations visited, the duration of the visits, and the activities conducted during the visits.
      • (3) The involvement, if any, of the general and flag officers referred to in paragraph (1) in the Tiananmen Square massacre of June 1989.
      • (4) A list of the facilities in the People's Republic of China that United States military officers have visited as a result of any military-to-military exchange or contact program between the United States and the People's Republic of China since January 1, 1993.
      • (5) A list of facilities in the People's Republic of China that have been the subject of a requested visit by the Department of Defense that has been denied by People's Republic of China authorities.
      • (6) A list of facilities in the United States that have been the subject of a requested visit by the People's Liberation Army that has been denied by the United States.
      • (7) Any official documentation (such as memoranda for the record, after-action reports, and final itineraries) and all receipts for expenses over $1,000, concerning military-to-military exchanges or contacts between the United States and the People's Republic of China in 1999.
      • (8) A description of military-to-military exchanges or contacts between the United States and the People's Republic of China scheduled for 2000.
      • (9) An assessment regarding whether or not any People's Republic of China military officials have been shown classified material as a result of military-to-military exchanges or contacts between the United States and the People's Republic of China.

 

  • Sec. 1202. Report on military power of the People's Republic of China
    • (a) ANNUAL REPORT - Not later than March 1 each year, the Secretary of Defense shall submit to the specified congressional committees a report , in both classified and unclassified form, on the current and future military strategy of the People's Republic of China. The report shall address the current and probable future course of military-technological development on the People's Liberation Army and the tenets and probable development of Chinese grand strategy, security strategy, and military strategy, and of military organizations and operational concepts, through the next 20 years.
    • (b) MATTERS TO BE INCLUDED- Each report under this section shall include analyses and forecasts of the following:
      • (1) The goals of Chinese grand strategy, security strategy, and military strategy.
      • (2) Trends in Chinese strategy that would be designed to establish the People's Republic of China as the leading political power in the Asia-Pacific region and as a political and military presence in other regions of the world.
      • (3) The security situation in the Taiwan Strait.
      • (4) Chinese strategy regarding Taiwan.
      • (5) The size, location, and capabilities of Chinese strategic, land, sea, and air forces, including detailed analysis of those forces facing Taiwan.
      • (6) Developments in Chinese military doctrine, focusing on (but not limited to) efforts to exploit a transformation in military affairs or to conduct preemptive strikes.
      • (7) Efforts, including technology transfers and espionage, by the People's Republic of China to develop, acquire, or gain access to information, communication, space and other advanced technologies that would enhance military capabilities.
      • (8) An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96-8).
    • (c) SPECIFIED CONGRESSIONAL COMMITTEES- For purposes of this section, the term `specified congressional committees' means the following:
      • (1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
      • (2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives.

 
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Source: THOMAS