S. 3208 — Six Assurances to Taiwan Act

This section sets forth congressional findings that (1) Taiwan is a free and prosperous democracy of more than 23 million people and an important U.S. economic partner; (2) the People's Republic of China (PRC) has long sought to subjugate Taiwan and has not renounced the use of force; and (3) the U.S. One-China policy—guided by the Taiwan Relations Act (TRA), the three U.S.-China joint communiqués, and the Six Assurances—has contributed to peace and stability in the Indo-Pacific. The section details the Reagan Administration's articulation of the Six Assurances in July-August 1982, both before and after the U.S.-China Joint Communiqué on United States Arms Sales to Taiwan (i.e., (A) no set date certain for ending arms sales to Taiwan; (B) no prior consultations with the PRC on arms sales; (C) no U.S. mediation role between Taiwan and the PRC; (D) no revision to the TRA; (E) no change in the U.S. position on sovereignty over Taiwan; and (F) no U.S. pressure on Taiwan to negotiate with the PRC), as conveyed in cables, letters, and congressional testimonies by administration officials. It further states that recent laws, including the National Defense Authorization Acts for FYs 2018, 2019, and 2020 and the Asia Reassurance Initiative Act of 2018, affirm the TRA and Six Assurances as cornerstones of U.S.-Taiwan relations.

This section states the sense of Congress that (1) maintaining peace and stability across the Taiwan Strait serves U.S. political, security, and economic interests and is an international concern; (2) unilateral changes to the status quo by either side or negotiated settlements on Taiwan's status without the consent of both sides of the Strait are unacceptable; (3) Taiwan's future must be determined by peaceful means; and (4) the Six Assurances (i.e., 1982 U.S. policy commitments to Taiwan) are a stabilizing and necessary component of U.S. policy toward Taiwan.

This section establishes a statement of U.S. policy reaffirming that, in the context of the 1982 U.S.-China Joint Communiqué on reducing arms sales to Taiwan, the United States—(1) did not agree to set a date for ending arms sales to Taiwan; (2) did not agree to consult with the People's Republic of China on arms sales to Taiwan; (3) did not and will not agree to play any mediation role; (4) did not agree to seek to revise the Taiwan Relations Act; (5) did not take any position regarding the issue of sovereignty over Taiwan; and (6) will not exert pressure on Taiwan to enter into negotiations with the People's Republic of China.

This section establishes a congressional review process for specified presidential actions relating to the Six Assurances to Taiwan (i.e., six U.S. policy commitments from 1982 under which the United States assures Taiwan it will not end defensive arms sales, pressure Taiwan to negotiate with China, mediate on Taiwan's sovereignty, revise the One China policy to Taiwan's detriment, consult with China on arms sales to Taiwan, or use force to alter Taiwan's status). (1) Requires the President, before taking any such action—including (A) pausing or terminating defensive arms sales to Taiwan, (B) negotiating with China on such arms sales, (C) mediating Taiwan-China sovereignty issues, (D) changing the U.S. position on Taiwan's sovereignty, or (E) pressuring Taiwan to negotiate with China—to notify the appropriate congressional committees and leadership with a description of the action, its reasons, and whether it significantly alters U.S. foreign policy toward Taiwan or China (and, if so, the alteration's anticipated effects on U.S. economic and national security interests and Taiwan's sovereignty); (2) provides Congress a 30-calendar-day review period (60 calendar days for notifications submitted July 10 through September 7) during which the President and executive branch officials may not take the action or expend funds for it absent enactment of a joint resolution of approval; and (3) imposes further prohibitions on the action or related spending if a joint resolution of disapproval passes both Houses of Congress (for 12 calendar days), is vetoed (for 10 additional calendar days), or is enacted. Subsection (c) specifies the exclusive form and content of joint resolutions of approval or disapproval.

This section establishes a severability clause, providing that the invalidation of any provision of the Act, or its application to any person or circumstance, does not affect the remainder of the Act or the application of that provision to other persons or circumstances.