§ 3301. Congressional findings and declaration of policy

§ 3301. Congressional findings and declaration of policy

(a) Findings The President having terminated governmental relations between the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, the Congress finds that the enactment of this chapter is necessary—

(1) to help maintain peace, security, and stability in the Western Pacific; and

(2) 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.

(b) Policy It is the policy of the United States—

(1) 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;

(2) 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;

(3) 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;

(4) 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;

(5) to provide Taiwan with arms of a defensive character; and

(6) 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.

(c) Human rights 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.

(Pub. L. 96–8, § 2, Apr. 10, 1979, 93 Stat. 14.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 96–8, § 18, Apr. 10, 1979, 93 Stat. 21, provided that: “This Act [enacting this chapter] shall be effective as of January 1, 1979.”

Short Title of 2025 Amendment

Pub. L. 119–45, § 1, Dec. 2, 2025, 139 Stat. 692, provided that: “This Act [amending provisions set out as a note below] may be cited as the ‘Taiwan Assurance Implementation Act’.”

Short Title of 2020 Amendment

Pub. L. 116–260, div. FF, title III, § 311, Dec. 27, 2020, 134 Stat. 3099, provided that: “This subtitle [subtitle B (§§ 311–315) of title III of div. FF of Pub. L. 116–260, enacting provisions set out as a note below] may be cited as the ‘Taiwan Assurance Act of 2020’.”

Short Title

Pub. L. 96–8, § 1, Apr. 10, 1979, 93 Stat. 14, provided that: “This Act [enacting this chapter] may be cited as the ‘Taiwan Relations Act’.”

Improving Multilateral Cooperation To Improve the Security of Taiwan

Pub. L. 118–159, div. E, title LI, § 5121(a), (b), Dec. 23, 2024, 138 Stat. 2428, provided that: “(a) Short Titles.—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’. “(b) Consultations With European Governments Regarding Sanctions Against the PRC Under Certain Circumstances.—The head of the Office of Sanctions Coordination at the Department of State, in consultation with the Director of the Office of Foreign Assets Control at the Department of the Treasury, shall engage in regular consultations with the International Special Envoy for the Implementation of European Union Sanctions and appropriate government officials of European countries, including the United Kingdom, to develop coordinated plans and share information on independent plans to impose sanctions and other economic measures against the People’s Republic of China (PRC), as appropriate, if the PRC is found to be involved in—“(1) overthrowing or dismantling the governing institutions in Taiwan; “(2) occupying any territory controlled or administered by Taiwan as of the date of the enactment of this Act [Dec. 23, 2024]; or “(3) taking significant action against Taiwan, including—“(A) creating a naval blockade or other quarantine of Taiwan; “(B) seizing the outer lying islands of Taiwan; or “(C) initiating a cyberattack that threatens civilian or military infrastructure in Taiwan.”

Statement of Policy and Sense of Congress on the Taiwan Relations Act

Pub. L. 117–81, div. A, title XII, §§ 1246, 1247, Dec. 27, 2021, 135 Stat. 1986, 1987, provided that: “SEC. 1246. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.“It is the sense of Congress that—“(1) 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; “(2) 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; “(3) 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; “(4) 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 “(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—“(A) 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; “(B) ensuring timely review of and response to requests by Taiwan for defense articles and services; “(C) 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; “(D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; “(E) encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), especially for the purposes of—“(i) enhancing cooperation on defense planning; “(ii) improving the interoperability of the military forces of the United States and Taiwan; and “(iii) improving the reserve force of Taiwan; “(F) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and “(G) expanding cooperation in humanitarian assistance and disaster relief. “SEC. 1247. STATEMENT OF POLICY ON TAIWAN.“(a) Statement of Policy.—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. “(b) Definition.—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.”

Pub. L. 116–283, div. A, title XII, § 1260, Jan. 1, 2021, 134 Stat. 3959, provided that: “(a) Statement of Policy.—It is the policy of the United States—“(1) 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; “(2) 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; “(3) 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; “(4) 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; “(5) 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 “(6) 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. “(b) Sense of Congress.—It is the sense of Congress that—“(1) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—“(A) 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; “(B) ensuring timely review of and response to requests of Taiwan for defense articles and services; “(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self-defense capability; “(D) examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan; “(E) increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—“(i) enhancing cooperation on defense planning; “(ii) improving the interoperability of the military forces of the United States and Taiwan; and “(iii) improving the reserve force of Taiwan; and “(F) expanding cooperation in humanitarian assistance and disaster relief; “(2) 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); “(3) 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 “(4) 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.”

Taiwan’s Inclusion in International Organizations

Pub. L. 116–260, div. FF, title III, § 314, Dec. 27, 2020, 134 Stat. 3100, provided that: “(a) Sense of Congress.—It is the sense of Congress that the People’s Republic of China’s attempts to dictate the terms of Taiwan’s participation in international organizations, has, in many cases, resulted in Taiwan’s exclusion from such organizations even when statehood is not a requirement, and that such exclusion—“(1) is detrimental to global health, civilian air safety, and efforts to counter transnational crime; “(2) negatively impacts the safety and security of citizens globally; and “(3) negatively impacts the security of Taiwan and its democracy. “(b) Statement of Policy.—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.”

Review of Department of State Taiwan Guidelines

Pub. L. 116–260, div. FF, title III, § 315, Dec. 27, 2020, 134 Stat. 3100, as amended by Pub. L. 119–45, § 2, Dec. 2, 2025, 139 Stat. 692, provided that: “(a) In General.—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. “(b) Sense of Congress.—It is the sense of Congress that the Department of State’s guidance regarding relations with Taiwan—“(1) 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; “(2) 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 “(3) 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. “(c) Reporting Requirements.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a description of—“(1) 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 “(2) 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. “(d) Periodic Reviews and Updated Reports.—“(1) In general.—For as long as the Department of State maintains guidance that governs relations with Taiwan as described in subsection (a), the Secretary of State shall—“(A) 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 “(B) 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. “(2) Matters to be included.—The updated reports required under paragraph (1)(B) shall include—“(A) all the information required under subsection (c); and “(B) a description of how the updated guidance meets the goals and objectives described in subsection (b).”

Commitment to Taiwan