On Feb. 1, the US House of Representatives sent a powerful message to China, Taiwan and President Bill Clinton that the status quo is no longer acceptable in US policy toward Taiwan.
By an overwhelming and bipartisan 341-70 vote, the House passed the Taiwan Security Enhancement Act (HR 1838), strengthening America's ability to fulfill the mandate of the 1979 Taiwan Relations Act (TRA) that the US make available defense articles and services for Taiwan's self-defense.
Faced with a promised presidential veto, the bill now moves on to an uncertain future in the Senate.
To Beijing, the Taiwan Security Enhancement Act (TSEA) demonstrates that the US will not stand by as China modernizes and deploys its military in ways that threaten Taiwan.
To Taipei, it offers the sense of security that will allow Taiwan to enter confidently into dialogue with China.
To the current and future US Presidents, it insists that Section 3 of the Taiwan Relations Act be implemented faithfully to ensure Taiwan access to what it needs for an adequate self-defense.
Beijing responded by threatening very serious damage to US-China relations should the bill become law, and war should Taiwan declare its independence.
The Clinton Administration then reiterated its veto threat, claiming that the measure would aggravate regional tensions and jeopardize its landmark trade agreement.
In fact, the opposite is true. Congress passed the Taiwan Relations Act to ensure that Taiwan's security would not be compromised as a result of the termination of diplomatic relations with the US. Since then, the US has continued to sell defensive arms to Taiwan. But Taiwan's security is still threatened by China's escalating military modernization and buildup across the Taiwan Strait.
Section 3(a) of the TRA instructs the US government to make available "defense articles and services" to Taiwan "in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability." Section 3(b) specifies that "The President and the Congress shall determine the nature and quantity of such defense articles and services based solely on their judgement of the needs of Taiwan."
Despite the clear intent of this language, this has not been the case. Although administrations occasionally have reported to Congress after the fact the nature and quantity of arms sold to Taiwan, none has consulted Congress as prescribed in the TRA.
Furthermore, as China dramatically modernizes its military forces, there are persistent reports that the US has denied Taiwan the sale of weapons systems necessary to meet this increased threat.
The TSEA enhances America's ability to determine and provide adequately for Taiwan's self defense needs by:
-- Requiring Administration reports to facilitate congressional consultation. The TRA mandates congressional consultation to determine Taiwan's defense needs and US sales of military arms and services. The TSEA simply calls on the executive branch, at a minimum, to provide reports to Congress containing information necessary to make such determinations.
-- Establishing direct communication with Taiwan's military. The TSEA does not prescribe the nature or content of communication, only that a direct channel be established. Direct communication does not change the nature of the US-Taiwan relationship; it simply minimizes the risk of miscalculation due to miscommunication.
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