U.S.-China Military Contacts: Issues for Congress

Shirley A. Kan
Specialist in Asian Security Affairs

This CRS report, updated as warranted, discusses policy issues regarding military-to-military (mil-to-mil) contacts with the People’s Republic of China (PRC) and provides a record of major contacts and crises since 1993. The United States suspended military contacts with China and imposed sanctions on arms sales in response to the Tiananmen Crackdown in 1989. In 1993, the Clinton Administration re-engaged with the top PRC leadership, including China’s military, the People’s Liberation Army (PLA). Renewed military exchanges with the PLA have not regained the closeness reached in the 1980s, when U.S.-PRC strategic cooperation against the Soviet Union included U.S. arms sales to China. Improvements and deteriorations in overall bilateral relations have affected military contacts, which were close in 1997-1998 and 2000, but marred by the 1995-1996 Taiwan Strait crisis, mistaken NATO bombing of a PRC embassy in 1999, the EP- 3 aircraft collision crisis in 2001, and aggressive maritime confrontations (including in 2009).

Issues for Congress include whether the Obama Administration has complied with legislation overseeing dealings with the PLA and pursued contacts with the PLA that advance a prioritized set of U.S. security interests, especially the operational safety of U.S. military personnel. Oversight legislation includes the Foreign Relations Authorization Act for FY1990-FY1991 (P.L. 101-246) and National Defense Authorization Act (NDAA) for FY2000 (P.L. 106-65). Skeptics and proponents of military exchanges with the PRC have debated whether the contacts have achieved results in U.S. objectives and whether the contacts have contributed to the PLA’s warfighting capabilities that might harm U.S. security interests. Some have argued about whether the value that U.S. officials place on the contacts overly extends leverage to the PLA. Some believe talks can serve U.S. interests that include conflict avoidance/crisis management; militarycivilian coordination; transparency and reciprocity; tension reduction over Taiwan; weapons nonproliferation; nuclear/missile/space/cyber talks; counterterrorism; and POW/MIA accounting.

In 2010 and 2011, the PLA criticized U.S. arms sales to Taiwan and claimed to “suspend” U.S.- PRC military contacts. Then, in 2011, the PLA hosted the Defense Secretary in January, and the PLA Chief of General Staff visited in May. In May 2012, General Liang Guanglie visited as the first PRC Defense Minister to do so since 2003. The announcements in 2011-2012 of a U.S. strategic rebalancing to Asia (or “pivot” to the Pacific) raised an issue of implications for the military relationship to advance U.S. interests. The Administration included an expansion of cooperation with the PLA. Defense Secretary Panetta visited in September and invited the PLA Navy to participate in the U.S.-led maritime exercise, RIMPAC, in 2014. The Chairman of the Joint Chiefs of Staff, General Martin Dempsey, plans to visit in April.

Policymakers could review the approach to mil-to-mil contacts, given concerns about crises. U.S. officials have faced challenges in cooperation from the PLA. The PLA has tried to use its suspensions of exchanges while blaming U.S. “obstacles” (including arms sales to Taiwan, FY2000 NDAA, and air and naval reconnaissance operations). The PRC’s harassment of U.S. surveillance ships (in 2009) and increasing assertiveness in maritime areas have shown the limits to mil-to-mil talks and PLA restraint. Still, since the Strategic and Economic Dialogue (S&ED) in July 2009, President Obama has called for military contacts to diminish disputes with China. In 2010, 2011, 2012, and 2013, the Administration was late in submitting an annual report on security developments involving the PRC, cooperation, and mil-to-mil contacts. The NDAA for FY2013 (P.L. 112-239) adds additional requirements to strengthen the annual reporting on military and security challenges from China. .


Date of Report: April 17, 2013
Number of Pages: 80
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The Ninja

What cowboys have been to U.S. entertainment, the Ninja -- the stealers in -- are in contemporary Japan. But a Ninja is less like a cowboy than a dirty-dealing Superman. Originally a medieval cult of unconventional warrior-spies, as presented in the vogue now sweeping Japan from toddlers to grandparents they have the power to turn themselves into stones or toads, are as invisibly ubiquitous as gremlins, and can do things like jumping ten-foot walls and walking on water.

Television carries Ninja dramas from morning until night, kabuki and the serious stage put on Ninja plays, eighteen Ninja movies were made in 1963 and 1964, bookstores carry two hundred fiction and non-fiction titles on the occult art, children's comic books and the adult pulps are loaded with their adventures, toy stores sell Ninja masks and weapons, and even Kellogg's corn flakes has a Ninja mask on the box. It has got to the point that kindergarten classes have been asked to pledge they will not play Ninja, the police are plagued by moppet bands of Ninja, and hardly a castle wall in Japan has not been attacked by amateur Ninja scalers.

The legend of the stealers -- in as much a part of Japanese culture as Robin Hood and King Arthur are of the English -- has a reasonably firm if little researched basis in history, and its artifacts can be seen even today. The supernatural powers of the popular Ninja character are only an exaggeration of some remarkable accomplishments of his prototype, some of them strangely similar to things we regard as peculiarly modern. The Ninja did practice the art of invisibility -- ninjutsu -- through choice of clothes and other quite natural means. The inventions they used in their profession anticipated the skin diver's snorkel and fins, the collapsible boat, K-rations, the four-pronged scatter spike for traffic sabotage, tactical rockets, and water skis.

Date of Report: April 22, 2013
Number of Pages: 8
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Researching Japanese War Crimes Records

This work makes it possible for the public to access a wide variety of documents related to Japanese war crimes committed in Asia and the Pacific.  Noteworthy is the fact that the previously declassified documents corroborate much that is already known about Japan’s wartime record. Furthermore, the material goes beyond the subject of war crimes and provides a wealth of historical information about the Axis nations. The range of Japanese-related documents, U.S. government as well as translated and original Japanese documents, merits extensive exploitation by academics, researchers, writers, veterans, and others interested in history. The files are filled with stories that need to be told.


Date of Report: April 19, 2013
Number of Pages: 240
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Taiwan: Major U.S. Arms Sales Since 1990

Shirley A. Kan
Specialist in Asian Security Affairs

This report, updated as warranted, discusses U.S. security assistance to Taiwan, or Republic of China (ROC), including policy issues for Congress and legislation. Congress has oversight of the Taiwan Relations Act (TRA), P.L. 96-8, which has governed arms sales to Taiwan since 1979, when the United States recognized the People’s Republic of China (PRC) instead of the ROC. Two other relevant parts of the “one China” policy are the August 17, 1982, U.S.-PRC Joint Communique and the “Six Assurances” to Taiwan. U.S. arms sales to Taiwan have been significant. The United States also expanded military ties with Taiwan after the PRC’s missile firings in 1995-1996. However, the U.S.-ROC Mutual Defense Treaty terminated in 1979.

At the last U.S.-Taiwan annual arms sales talks on April 24, 2001, President George W. Bush approved for possible sale diesel-electric submarines, P-3 anti-submarine warfare (ASW) aircraft (linked to the submarine sale), four decommissioned U.S. Kidd-class destroyers, and other items. Bush also deferred decisions on Aegis-equipped destroyers and other items, while denying other requests. Afterward, attention turned to Taiwan, where the military, civilian officials, and legislators from competing political parties debated contentious issues about how much to spend on defense and which U.S. weapons to acquire, despite the increasing threat (including a missile buildup) from the People’s Liberation Army (PLA). The Pentagon also has broadened its concern from Taiwan’s arms purchases to its defense spending, seriousness in self-defense and protection of secrets, joint capabilities, operational readiness, critical infrastructure protection, and innovative, asymmetrical advantages. Blocked by the Kuomintang (KMT) party in the Legislative Yuan (LY) that opposed the Democratic Progressive Party’s (DPP’s) president (2000-2008), the Special Budget (not passed) for submarines, P-3C ASW aircraft, and PAC-3 missile defense systems was cut from $18 billion in 2004 to $9 billion (for submarines only) in 2005. In March 2006, Taiwan’s defense minister requested a 2006 Supplemental Defense Budget (not passed) in part for submarine procurement, P-3Cs, and PAC-2 upgrades (not new PAC-3 missiles). In June 2007, the LY passed Taiwan’s 2007 defense budget with funds for P-3C planes, PAC-2 upgrades, and F-16C/D fighters. In December 2007, the LY approved $62 million to start the sub design phase. After the KMT’s Ma Ying-jeou became President in May 2008, he resumed cross-strait talks and kept the arms requests. However, Ma has cut the defense budget, raising U.S. concerns.

Attention also turned to U.S. decisions on pending arms sales. In 2008, congressional concerns mounted about a suspected “freeze” in President Bush’s notifications to Congress on arms sales. On October 3, 2008, Bush finally notified Congress. However, he submitted six of the eight pending programs (not a “package”) for a combined value of $6.5 billion.

Despite the concerns in 2008, President Obama repeated that cycle to wait to submit formal notifications for congressional review all at one time (on January 29, 2010) of five major programs with a total value of $6.4 billion and again (on September 21, 2011) of three major programs with a total value of $5.9 billion, including upgrades for Taiwan’s existing F-16A/B fighters. Like Bush, President Obama has not notified the sub design program (the only one pending from decisions in 2001) and has not accepted Taiwan’s formal request for new F-16C/D fighters (pending since 2006). Taiwan has expressed interest in two excess Perry-class frigates.

Legislation in the 113th Congress includes H.R. 419 (Ros-Lehtinen) and S. 12 (Coats). Congress required a briefing on Taiwan’s air force by the Defense Department not later than April 15, 2013. See “Major Congressional Action” for detailed discussion.


Date of Report: April 9, 2013
Number of Pages: 60
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Human Rights in China and U.S. Policy: Issues for the 113th Congress

Thomas Lum
Specialist in Foreign Affairs

This report examines human rights issues in the People’s Republic of China (PRC), including ongoing rights abuses, legal reforms, and the development of civil society. Major events of the past year include the PRC leadership transition, the Wukan protests over land expropriation, the negotiations that allowed legal advocate Chen Guangcheng to leave China, and the Tibetan selfimmolations. Ongoing human rights problems include excessive use of force by public security forces, unlawful detention, torture of detainees, arbitrary use of state security laws against political dissidents and ethnic groups, coercive family planning practices, persecution of unsanctioned religious activity, state control of information, and mistreatment of North Korean refugees. Tibetans, Uighur Muslims, and Falun Gong adherents continue to receive especially harsh treatment. For additional information and policy options, see CRS Report R41007, Understanding China’s Political System; the Congressional-Executive Commission on China’s Annual Report 2012; and the U.S. Department of State’s Country Reports on Human Rights Practices for 2011.

China’s leadership transition has so far provided few indications of a fundamental policy shift on human rights. Nonetheless, many analysts refer to a legitimacy crisis and possible “turning point” after three decades of rapid but uneven economic growth. Some observers sense a shift in public attitudes from an emphasis on economic development and social stability to an eagerness for political reform that would have implications for human rights in China.

Although the ruling Chinese Communist Party (CCP) opposes political pluralism, Chinese society has become more diverse and assertive. Non-governmental organizations are playing a larger role in providing social services and policy input. Social protests are frequent, numerous, and widespread. Economic, social, and demographic changes have given rise to labor unrest. PRC citizens have become increasingly aware of their legal rights, while emerging networks of lawyers, journalists, and activists have advanced the causes of many aggrieved individuals and groups. The media continues to push the boundaries of officially approved discourse, and the Internet has made it impossible for the government to restrict information as fully as before. Some Chinese refer to microblog (weibo) sites as the most important public sphere for free speech.

The PRC government has attempted to respond to some popular grievances, develop the legal system, and cautiously support the expansion of civil society. However, it continues to suppress many activists who try to organize mass protests and dissidents who openly question sensitive policies or call for fundamental political change. Many lawyers who take on politically sensitive cases face government reprisals.

Some notable changes to the PRC criminal justice system were announced in the past year. Amendments to the Criminal Procedure Law, which are to go into effect in 2013, reportedly provide for greater protections against torture and coerced confessions, expanded access to legal defense, longer trial deliberations, mandatory appellate hearings, more rigorous judicial review, and greater government oversight of the legal process. In January 2013, the government stated that it planned reforms related to the notorious Re-education Through Labor camps, which hold citizens without trial for non-criminal offenses. Some experts caution that, given China’s weak legal system, it is too early to predict whether these reforms will result in significant improvements in rights protections in these areas.


Date of Report: April 8, 2013
Number of Pages: 37
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