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

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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

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Stable record: federal_law:legal_authorities:record_usc_161012d5b6fa8274f40bf257
Source file: Laws/federal/codes/united-states-code/title-22/section-3301-congressional-findings-and-declaration-of-policy--107047fb47.md
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Source location: Title 22, Chapter 48, § 3301; chapter-048-taiwan-relations.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2656 — Management of foreign affairs

The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3324 — Advances

**(a)** Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. **(b)** An advance of public money may be made only if it is authorized by— (1) a specific appropriation or other law; or (2) the President to be made to— (A) a disbursing official if the President decides the advance is necessary to carry out— (i) the duties of the official promptly and faithfully; and (ii) an obligation of the Government; or (B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances. **(c)** Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under [section 3522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3522&num=0&edition=prelim). The Comptroller General does not countersign a requisition for an advance. **(d)** The head of an agency may pay in advance from appropriations available for the purpose— (1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for— (A) payment of tolls of commercial carriers; (B) leasing facilities for sending messages; and (C) installing and maintaining facilities for sending messages; and (2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2301 — Repealed. Pub. L. 103–355, title I, § 1501(a), Oct. 13, 1994, 108 Stat. 3296]

### Statutory Notes Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 127; Dec. 1, 1981, Pub. L. 97–86, title IX, § 909(a), 95 Stat. 1118; July 18, 1984, Pub. L. 98–369, div. B, title VII, § 2721, 98 Stat. 1185; Oct. 18, 1986, Pub. L. 99–500, § 101(c) [title X, § 925(a)], 100 Stat. 1783–82, 1783–153, and Oct. 30, 1986, Pub. L. 99–591, § 101(c) [title X, § 925(a)], 100 Stat. 3341–82, 3341–153; Nov. 14, 1986, Pub. L. 99–661, div. A, title IX, formerly title IV, § 925(a), 100 Stat. 3933, renumbered title IX, Apr. 21, 1987, Pub. L. 100–26, § 3(5), 101 Stat. 273; Oct. 23, 1992, Pub. L. 102–484, div. A, title VIII, § 808(a), 106 Stat. 2449, related to Congressional defense procurement policy. #### Effective Date of Repeal For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8752&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3302 — Implementation of United States policy with regard to Taiwan

**(a) Defense articles and services** In furtherance of the policy set forth in [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3301&num=0&edition=prelim), the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability. **(b) Determination of Taiwan’s defense needs** The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan’s defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress. **(c) United States response to threats to Taiwan or dangers to United States interests** The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2113 — Basic authority for trade agreements

**(a) Presidential authority to enter into agreement; modification or continuance of existing duties** Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President— (1) during the 5-year period beginning on January 3, 1975, may enter into trade agreements with foreign countries or instrumentalities thereof; and (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement. **(b) Limitation on authority to decrease duty** (1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975. (2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem. **(c) Limitation on authority to increase duty** No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following: (1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or (2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975.

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2113

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3303 — Application to Taiwan of laws and international agreements

**(a) Application of United States laws generally** The absence of diplomatic relations or recognition shall not affect the application of the laws of the United States with respect to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979. **(b) Application of United States laws in specific and enumerated areas** The application of subsection (a) of this section shall include, but shall not be limited to, the following: (1) Whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan. (2) Whenever authorized by or pursuant to the laws of the United States to conduct or carry out programs, transactions, or other relations with respect to foreign countries, nations, states, governments, or similar entities, the President or any agency of the United States Government is authorized to conduct and carry out, in accordance with [section 3305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3305&num=0&edition=prelim), such programs, transactions, and other relations with respect to Taiwan (including, but not limited to, the performance of services for the United States through contracts with commercial entities on Taiwan), in accordance with the applicable laws of the United States. (3) (A) The absence of diplomatic relations and recognition with respect to Taiwan shall not abrogate, infringe, modify, deny, or otherwise affect in any way any rights or obligations (including but not limited to those involving contracts, debts, or property interests of any kind) unde

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3303

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3304 — Overseas Private Investment Corporation

**(a) Removal of per capita income restriction on Corporation activities with respect to investment projects on Taiwan** During the three-year period beginning on April 10, 1979, the $1,000 per capita income restriction in clause (2) of the second undesignated paragraph of section 2191 11 See References in Text note below. of this title shall not restrict the activities of the Overseas Private Investment Corporation in determining whether to provide any insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan. **(b) Application by Corporation of other criteria** Except as provided in subsection (a) of this section, in issuing insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan, the Overseas Private Insurance 22 So in original. Probably should be “Investment”. Corporation shall apply the same criteria as those applicable in other parts of the world.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3304

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3305 — The American Institute in Taiwan

**(a) Conduct of programs, transactions, or other relations with respect to Taiwan** Programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through— (1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or (2) such comparable successor nongovernmental entity as the President may designate,(hereafter in this chapter referred to as the “Institute”). **(b) Agreements or transactions relative to Taiwan entered into, performed, and enforced** Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the President, by or through the Institute. **(c) Preemption of laws, rules, regulations, or ordi­nances of District of Columbia, States, or political subdivisions of States** To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regulation, or ordinance shall be deemed to be preempted by this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3305

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