22 U.S.C. § 3301: Congressional findings and declaration of policy

to help maintain peace, security, and stability in the Western Pacific; and to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan. to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area; to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern; to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States; to provide Taiwan with arms of a defensive character; and to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan. Nothing contained in this chapter shall contravene the interest of the United States in human rights, especially with respect to the human rights of all the approximately eighteen million inhabitants of Taiwan. The preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States. This section [enacting this note and provisions not set out in the Code] may be cited as the ‘Building Options for the Lasting Security of Taiwan through European Resolve Act’ or the ‘BOLSTER Act’. overthrowing or dismantling the governing institutions in Taiwan; occupying any territory controlled or administered by Taiwan as of the date of the enactment of this Act [ Dec. 23, 2024 ]; or creating a naval blockade or other quarantine of Taiwan; seizing the outer lying islands of Taiwan; or initiating a cyberattack that threatens civilian or military infrastructure in Taiwan.” the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States; the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan; as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan; ensuring timely review of and response to requests by Taiwan for defense articles and services; conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act; deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; enhancing cooperation on defense planning; improving the interoperability of the military forces of the United States and Taiwan; and improving the reserve force of Taiwan; identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and expanding cooperation in humanitarian assistance and disaster relief. Consistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan. In this section, the term ‘fait accompli’ refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively.” that the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations; to fully pursue the deepening of the extensive, close, and friendly relations of the United States and Taiwan pursuant to the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.), the intent of which is to facilitate greater cooperation and the broadening and deepening of United States-Taiwan relations; that the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.) shall be implemented and executed, consistent with the Six Assurances, to address evolving political, security, and economic dynamics and circumstances; that, as set forth in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.), the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States; that the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan; and as set forth in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq.), to maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan. supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities; ensuring timely review of and response to requests of Taiwan for defense articles and services; conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self-defense capability; examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan; enhancing cooperation on defense planning; improving the interoperability of the military forces of the United States and Taiwan; and improving the reserve force of Taiwan; and expanding cooperation in humanitarian assistance and disaster relief; the Secretary of State should ensure that any policy guidance related to United States-Taiwan relations is fully consistent with the statement of policy set forth in subsection (a); the Secretary of Defense should ensure that policy guidance related to United States-Taiwan defense relations is fully consistent with the statement of policy set forth in subsection (a); and the Secretary of State, the Secretary of Defense, and the heads of other Federal agencies and departments, as appropriate, should issue new guidance as required to carry out such policy.” is detrimental to global health, civilian air safety, and efforts to counter transnational crime; negatively impacts the safety and security of citizens globally; and negatively impacts the security of Taiwan and its democracy. It is the policy of the United States to advocate for Taiwan’s meaningful participation in the United Nations, the World Health Assembly, the International Civil Aviation Organization, the International Criminal Police Organization, and other international bodies, as appropriate, and to advocate for Taiwan’s membership in the Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization, and other international organizations for which statehood is not a requirement for membership.” Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2020 ], the Secretary of State shall conduct a review of the Department of State’s guidance that governs relations with Taiwan, including the periodic memorandum entitled ‘Guidelines on Relations with Taiwan’ and related documents, and reissue such guidance to executive branch departments and agencies. should be crafted with the intent to deepen and expand United States-Taiwan relations, and be based on the value, merits, and importance of the United States-Taiwan relationship; should be crafted giving due consideration to the fact that Taiwan is governed by a representative democratic government that is peacefully constituted through free and fair elections that reflect the will of the people of Taiwan, and that Taiwan is a free and open society that respects universal human rights and democratic values; and should ensure that the conduct of relations with Taiwan reflects the longstanding, comprehensive, and values-based relationship the United States shares with Taiwan, and contribute to the peaceful resolution of cross-strait issues. the results of the review pursuant to subsection (a) of the Department of State’s guidance on relations with Taiwan, including a copy of the reissued ‘Guidelines of Relations with Taiwan’ memorandum and any successor document or related document that includes guidance on relations with Taiwan; and the implementation of the Taiwan Travel Act ( Public Law 115–135 ) [ 132 Stat. 341 ] and any changes to guidance on relations with Taiwan that are the result of such implementation. not less than every five years, conduct a review of the Department of State’s guidance that governs relations with Taiwan, including the periodic memorandum entitled, ‘Guidelines on Relations with Taiwan’ and related documents, and reissue such guidance to executive branch departments and agencies; and not later than 90 days after completing a review required by paragraph (1)(A), submit an updated report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. all the information required under subsection (c); and a description of how the updated guidance meets the goals and objectives described in subsection (b).” to support the close economic, political, and security relationship between Taiwan and the United States; to faithfully enforce all existing United States Government commitments to Taiwan, consistent with the Taiwan Relations Act of 1979 ( Public Law 96–8 ) [ 22 U.S.C. 3301 et seq.], the 3 joint communiques, and the Six Assurances agreed to by President Ronald Reagan in July 1982; and to counter efforts to change the status quo and to support peaceful resolution acceptable to both sides of the Taiwan Strait. The President should conduct regular transfers of defense articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities, into its military forces. The President should encourage the travel of highlevel [sic] United States officials to Taiwan, in accordance with the Taiwan Travel Act ( Public Law 115–135 ) [ 132 Stat. 341 ].” It is the policy of the United States to reinforce its commitments to Taiwan under the Taiwan Relations Act [ Pub. L. 96–8 , 22 U.S.C. 3301 et seq.] and consistent with the ‘Six Assurances’ as both governments work to improve Taiwan’s self-defense capability. strengthen and enhance its longstanding partnership and cooperation with Taiwan; conduct regular transfers of defense articles and defense services necessary to enable Taiwan to maintain a sufficient self-defense capability, based solely on the needs of Taiwan; invite the military forces of Taiwan to participate in military exercises, such as the ‘Red Flag’ exercises; carry out a program of exchanges of senior military officers and senior officials with Taiwan to improve military-to-military relations, as expressed in section 1284 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2544 ); support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges among services; conduct bilateral naval exercises, to include pre-sail conferences, in the western Pacific Ocean with the Taiwan navy; and consider the advisability and feasibility of reestablishing port of call exchanges between the United States navy and the Taiwan navy.”