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Creating the TRA —
Choices and Decisions
Signed into law on April 10, 1979, the TRA (Public Law 96-8) was born of the need of the United States to protect its significant security and commercial interests in Taiwan in the wake of President Jimmy Carter's termination as of January 1, 1979 of diplomatic relations and a mutual defense treaty of 25 years. Provoked by a lack of prior consultation and the inadequacy of the Carter Administration's initial draft of the TRA, lawmakers from both parties in Congress worked together to craft a bill that truly tackled the challenge of allowing for diplomatic relations with mainland China while maintaining all substantive relations with Taiwan.
"It's a bit of a rarity when an issue comes up that brings Jesse Helms and Ted Kennedy together. But this was precisely such an issue," exclaimed Helms. With such bipartisan cooperation, Congress acted swiftly and effectively, passing the TRA by overwhelming majorities and delivering it to President Carter to sign into the law that has defined U.S. relations with Taiwan successfully for the past 20 years.
The TRA addresses five principal objectives:
Taiwan Security. Congress declared peace in the Taiwan Strait a matter of international concern, linked diplomatic recognition of Beijing with peaceful treatment of Taiwan, considered any non-peaceful action a threat to regional peace and security, provided for the sale to Taiwan of arms sufficient for self-defense, and committed the U.S. to maintain the capacity to resist any resort to force or coercion against Taiwan.
Framework for Continued Relations. To take the place of the U.S. Embassy in Taiwan, a new diplomatic instrument was created--the American Institute in Taiwan (AIT). The Institute is a private organization, incorporated in the District of Columbia and funded by the U.S. government. The members of its Board of Trustees are appointed by the Secretary of State. The AIT functions in many respects as a consulate, managing travel documents, facilitating communication with local authorities, and representing the United States in concluding commercial and other agreements.
Congressional Oversight. In addition to assigning various committees to oversee different aspects of U.S.-Taiwan policy, Congress included a very important reporting and consultation mechanism. The TRA requires that the President inform Congress promptly of any anticipated danger to Taiwan and then consult with Congress to devise an appropriate response.
Human Rights. TRA explicitly invokes "the interest of the United States in human rights" and states that "the preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States." In 1979, Taiwan was not a democracy. It was a one-party authoritarian state under martial law. With wise leadership and dedicated citizens, Taiwan has transformed itself into a vibrant democracy and concerns about political liberty have largely been resolved.
Membership in International Organizations. The legislative history of the TRA indicates that Congress in 1979 viewed Taiwan's continued membership in international organizations as conducive to the country's stability and economic security.
Drafting the TRA "didn't seem like a challenge; it was just the best thing to do," former Rep. Edward J. Derwinski recalled at the 20th anniversary conference. Former Rep. Gerald B.H. Solomon noted that the importance of maintaining solidarity with Taiwan has been reaffirmed by Congress many times since 1979. Just last year, both houses of Congress overwhelmingly passed resolutions that restated the basic terms of the TRA.
The Act is, asserted Edwin J. Feulner Jr., President of The Heritage Foundation, "a unique and bipartisan piece of legislation that has stood the test of time."
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