[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2850-S2851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 721. Mr. WYDEN (for himself, Mr. Crapo, and Mr. Carper) submitted 
an amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end, add the following:

DIVISION F--UNITED STATES-TAIWAN INITIATIVE ON 21ST-CENTURY TRADE FIRST 
                      AGREEMENT IMPLEMENTATION ACT

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``United States-Taiwan 
     Initiative on 21st-Century Trade First Agreement 
     Implementation Act''.

     SEC. 6002. 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. 6003. PURPOSE.

       The purpose of this division 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. 6004. DEFINITIONS.

       In this division:
       (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 6005.
       (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 6005, 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. 6005. 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. 6006. 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. 6007. 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.

[[Page S2851]]

       (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. 6008. 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 
     division, nothing in this division 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.
                                 ______