[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4004 Enrolled Bill (ENR)]

        H.R.4004

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
         the third day of January, two thousand and twenty-three


                                 An Act


 
To approve and implement the Agreement between the American Institute in 
Taiwan and the Taipei Economic and Cultural Representative Office in the 
 United States regarding Trade between the United States of America and 
                     Taiwan, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``United States-Taiwan Initiative on 
21st-Century Trade First Agreement Implementation Act''.
SEC. 2. FINDINGS.
    Congress finds the following:
        (1) As a leading democracy, Taiwan is a key partner of the 
    United States in the Indo-Pacific region.
        (2) The United States and Taiwan share democratic values, deep 
    commercial and economic ties, and strong people-to-people 
    connections. Those links serve as the impetus for expanding 
    engagement by the United States with Taiwan.
        (3) Taiwan is the eighth-largest trading partner of the United 
    States and the United States is the second-largest trading partner 
    of Taiwan.
        (4) Since 2020, the United States and Taiwan, under the 
    auspices of the American Institute in Taiwan (AIT) and the Taipei 
    Economic and Cultural Representative Office in the United States 
    (TECRO), have held an economic prosperity partnership dialogue to 
    enhance economic and commercial ties between the United States and 
    Taiwan, including with respect to supply chain security and 
    resiliency, investment screening, health, science, and technology, 
    and the digital economy.
        (5) On June 1, 2022, the United States and Taiwan launched the 
    United States-Taiwan Initiative on 21st-Century Trade to deepen our 
    economic and trade relationship, advance mutual trade priorities 
    based on shared values, promote innovation, and support inclusive 
    economic growth for workers and businesses.
        (6) On August 17, 2022, the United States and Taiwan announced 
    the negotiating mandate for formal trade negotiations under the 
    United States-Taiwan Initiative on 21st-Century Trade and agreed to 
    seek high-standard commitments.
        (7) Article I, section 8, clause 3 of the Constitution of the 
    United States grants Congress authority over international trade. 
    The President lacks the authority to enter into binding trade 
    agreements absent approval from Congress.
        (8) Congressional approval of the United States-Taiwan 
    Initiative on 21st-Century Trade First Agreement will ensure that 
    the agreement, and the trade relationship between the United States 
    and Taiwan more broadly, will be durable. A durable trade agreement 
    will foster sustained economic growth and give workers, consumers, 
    businesses, farmers, ranchers, and other stakeholders assurance 
    that commercial ties between the United States and Taiwan will be 
    long-lasting and reliable.
SEC. 3. PURPOSE.
    The purpose of this Act is--
        (1) to approve and implement the Agreement between the American 
    Institute in Taiwan and the Taipei Economic and Cultural 
    Representative Office in the United States regarding Trade between 
    the United States of America and Taiwan, done on June 1, 2023;
        (2) to strengthen and develop economic relations between the 
    United States and Taiwan for our mutual benefit;
        (3) to lay the foundation for further cooperation to expand and 
    enhance the benefits of the Agreement; and
        (4) to establish transparency and consultation requirements 
    with respect to Further Agreements.
SEC. 4. DEFINITIONS.
    In this Act:
        (1) Agreement.--The term ``Agreement'' means the Agreement 
    between the American Institute in Taiwan and the Taipei Economic 
    and Cultural Representative Office in the United States regarding 
    Trade between the United States of America and Taiwan approved by 
    Congress under section 5.
        (2) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Finance of the Senate; and
            (B) the Committee on Ways and Means of the House of 
        Representatives.
        (3) Further agreement.--The term ``Further Agreement'' means--
            (A) any trade agreement, other than the Agreement approved 
        by Congress under section 5, arising from or relating to the 
        August 17, 2022, negotiating mandate relating to the United 
        States-Taiwan Initiative on 21st-Century Trade; or
            (B) any nonministerial modification or nonministerial 
        amendment to the Agreement.
        (4) Negotiating text.--The term ``negotiating text'' means any 
    document that proposes the consideration, examination, or adoption 
    of a particular element or language in an international instrument.
        (5) State law.--The term ``State law'' includes--
            (A) any law of a political subdivision of a State; and
            (B) any State law regulating or taxing the business of 
        insurance.
        (6) Trade representative.--The term ``Trade Representative'' 
    means the United States Trade Representative.
SEC. 5. APPROVAL OF AGREEMENT.
    Congress approves the Agreement between the American Institute in 
Taiwan and the Taipei Economic and Cultural Representative Office in 
the United States regarding Trade between the United States of America 
and Taiwan, done on June 1, 2023.
SEC. 6. ENTRY INTO FORCE OF AGREEMENT.
    (a) Conditions for Entry Into Force of Agreement.--The President 
may provide for the Agreement to enter into force not earlier than 30 
days after the date on which the President submits to Congress a 
certification under subsection (c).
    (b) Consultation and Report.--The President, not later than 30 days 
before submitting a certification under subsection (c), shall--
        (1) consult with the appropriate congressional committees;
        (2) submit to the appropriate congressional committees a report 
    that--
            (A) explains the basis of the determination of the 
        President contained in that certification, including by 
        providing specific reference to the measures the parties to the 
        Agreement intend to use to comply with the obligations in the 
        Agreement; and
            (B) describes, including through the use of economic 
        estimates and analyses, how entry into force of the Agreement 
        will further trade relations between the United States and 
        Taiwan and advance the interests of workers, consumers, 
        businesses, farmers, ranchers, and other stakeholders in the 
        United States; and
        (3) answer in writing any questions that relate to potential 
    compliance and implementation of the Agreement that are submitted 
    by the appropriate congressional committees during the 15-day 
    period beginning on the date of the submission of the report under 
    paragraph (2).
    (c) Certification.--A certification under this subsection is a 
certification in writing that--
        (1) indicates the President has determined Taiwan has taken 
    measures necessary to comply with the provisions of the Agreement 
    that are to take effect not later than the date on which the 
    Agreement enters into force; and
        (2) identifies the anticipated date the President intends to 
    exchange notes or take any other action to notify Taiwan that the 
    United States has completed all procedures necessary to bring the 
    Agreement into force.
    (d) Report on Implementation.--
        (1) In general.--Not later than 180 days after entry into force 
    of the Agreement, the Trade Representative shall submit to the 
    appropriate congressional committees a report providing an 
    assessment of the implementation of the Agreement, including by 
    identifying any provisions for which further progress is necessary 
    to secure compliance.
        (2) Form.--The report required by paragraph (1) shall be 
    submitted with any confidential business information clearly 
    identified or contained in a separate annex.
        (3) Publication.--Not later than 5 days after the report 
    required by paragraph (1) is submitted to the appropriate 
    congressional committees, the Trade Representative shall publish 
    the report, with any confidential business information redacted, on 
    a publicly available website of the Office of the United States 
    Trade Representative.
SEC. 7. TRANSPARENCY AND CONSULTATION WITH RESPECT TO FURTHER 
AGREEMENTS.
    (a) Sense of Congress on Deepening Relationship With Taiwan.--It is 
the sense of Congress that--
        (1) the United States should continue to deepen its 
    relationship with Taiwan; and
        (2) any Further Agreements should be high-standard, 
    enforceable, and meaningful to both the United States and Taiwan, 
    as well as subject to robust requirements on public transparency 
    and congressional consultation.
    (b) Access to Texts of Further Agreements.--The Trade 
Representative shall provide to the appropriate congressional 
committees the following with respect to a Further Agreement:
        (1) Negotiating text drafted by the United States prior to 
    sharing the negotiating text with Taiwan or otherwise sharing the 
    text outside the executive branch.
        (2) Negotiating text drafted by Taiwan not later than 3 days 
    after receiving the text from Taiwan.
        (3) Any consolidated negotiating texts that the United States 
    and Taiwan are considering, which shall include an attribution of 
    the source of each provision contained in those texts to either the 
    United States or Taiwan.
        (4) The final text not later than 45 days before the Trade 
    Representative makes the text public or otherwise shares the text 
    outside the executive branch.
    (c) Review of Texts.--
        (1) Briefing.--The Trade Representative shall schedule a 
    briefing with the appropriate congressional committees to discuss 
    the texts provided under subsection (b).
        (2) Review.--The appropriate congressional committees shall 
    have not less than--
            (A) 2 business days prior to the briefing under paragraph 
        (1) to review the texts provided under subsection (b); and
            (B) 4 business days after the briefing to provide comments 
        with respect to the texts before the Trade Representative 
        transmits any such texts to Taiwan.
        (3) Additional time to review united states negotiating text.--
    If, during the period specified in paragraph (2)(B), two Members of 
    Congress who are not of the same political party and each of whom 
    is the Chair or Ranking Member of one of the appropriate 
    congressional committees jointly request additional time to review 
    the negotiating text provided under subsection (b)(1), the Trade 
    Representative shall not transmit the text to Taiwan for a period 
    of 15 business days following the request, unless the request 
    indicates less time is necessary or such Members issue a subsequent 
    joint notification to the Trade Representative that they have 
    concluded their review sooner.
    (d) Notification and Briefing During Negotiations.--The Trade 
Representative shall--
        (1) not later than one business day after scheduling any 
    negotiating round with respect to a Further Agreement, promptly 
    notify the appropriate congressional committees and provide those 
    committees with the dates and locations for the negotiating round;
        (2) ensure that any individual described in section 
    104(c)(2)(C) of the Bipartisan Congressional Trade Priorities and 
    Accountability Act of 2015 (19 U.S.C. 4203(c)(2)(C)) that attends a 
    negotiating round is accredited as a member of the United States 
    delegation during any such negotiating round; and
        (3) provide daily briefings to the individuals described in 
    paragraph (2) during any such negotiating round regarding the 
    status of those negotiations, including any tentative agreement to 
    accept any aspect of negotiating text.
    (e) Approval.--A Further Agreement shall not take effect unless--
        (1) the President, at least 60 days before the day on which the 
    President enters into the Further Agreement, publishes the text of 
    the Further Agreement on a publicly available website of the Office 
    of the United States Trade Representative; and
        (2) a bill is enacted into law expressly approving the Further 
    Agreement and, if necessary, making any required changes to United 
    States law.
SEC. 8. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
    (a) Relationship of the Agreement to United States Law.--
        (1) United states law to prevail in conflict.--No provision of 
    the Agreement, nor the application of any such provision to any 
    person or circumstance, which is inconsistent with any law of the 
    United States, shall have effect.
        (2) Internal revenue code.--The Agreement does not constitute a 
    free trade agreement for purposes of section 30D(e)(1)(A)(i)(II) of 
    the Internal Revenue Code of 1986.
        (3) Construction.--Unless specifically provided for in this 
    Act, nothing in this Act shall be construed--
            (A) to amend or modify any law of the United States; or
            (B) to limit any authority conferred under any law of the 
        United States.
    (b) Relationship of the Agreement to State Law.--No State law, or 
the application thereof, may be declared invalid as to any person or 
circumstance on the ground that the provision or application is 
inconsistent with the Agreement, except in an action brought by the 
United States for the purpose of declaring such law or application 
invalid.
    (c) Effect of the Agreement With Respect to Private Remedies.--No 
person other than the United States--
        (1) shall have any cause of action or defense under the 
    Agreement or by virtue of congressional approval thereof; or
        (2) may challenge, in any action brought under any provision of 
    law, any action or inaction by any department, agency, or other 
    instrumentality of the United States, any State, or any political 
    subdivision of a State, on the ground that such action or inaction 
    is inconsistent with the Agreement.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.