I 
118TH CONGRESS 
1ST SESSION H. R. 4004 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2023 
Mr. SMITH of Missouri (for himself, Mr. NEAL, Mr. SMITH of Nebraska, Ms. 
SEWELL, Mr. KELLY of Pennsylvania, Ms. DELBENE, Mr. FERGUSON, 
Ms. CHU, Mr. MOORE of Utah, Mr. PANETTA, Ms. VAN DUYNE, Mr. 
FEENSTRA, Ms. MALLIOTAKIS, Mr. SCHNEIDER, Ms. TENNEY, Ms. 
SA´NCHEZ, Mr. KUSTOFF, Mr. DOGGETT, Mr. BLUMENAUER, Mr. DAVIS 
of Illinois, Mr. EVANS, Mr. KILDEE, Mrs. MILLER of West Virginia, Mr. 
LARSON of Connecticut, Mr. HIGGINS of New York, Mrs. FISCHBACH, 
Mrs. STEEL, Mr. SMUCKER, Mr. ARRINGTON, and Mr. ESTES) introduced 
the following bill; which was referred to the Committee on Ways and 
Means 
A BILL 
To approve and implement the Agreement between the Amer-
ican Institute in Taiwan and the Taipei Economic and 
Cultural Representative Office in the United States re-
garding Trade between the United States of America 
and Taiwan, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States-Taiwan 
Initiative on 21st-Century Trade First Agreement Imple-
mentation 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 re-
gion. 
(2) The United States and Taiwan share demo-
cratic 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 Tai-
wan (AIT) and the Taipei Economic and Cultural 
Representative 
Office 
in 
the 
United 
States 
(TECRO), have held an economic prosperity part-
nership dialogue to enhance economic and commer-
cial ties between the United States and Taiwan, in-
cluding with respect to supply chain security and re-
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siliency, 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 Initia-
tive on 21st-Century Trade to deepen our economic 
and trade relationship, advance mutual trade prior-
ities 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 for-
mal trade negotiations under the United States-Tai-
wan Initiative on 21st-Century Trade and agreed to 
seek high-standard commitments. 
(7) Article I, section 8, clause 3 of the Con-
stitution of the United States grants Congress au-
thority 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 
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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 rela-
tions between the United States and Taiwan for our 
mutual benefit; 
(3) to lay the foundation for further coopera-
tion 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 Insti-
tute in Taiwan and the Taipei Economic and Cul-
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tural Representative Office in the United States re-
garding Trade between the United States of America 
and Taiwan approved by Congress under section 5. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Finance of the Sen-
ate; and 
(B) the Committee on Ways and Means of 
the House of Representatives. 
(3) FURTHER AGREEMENT.—The term ‘‘Fur-
ther 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-Cen-
tury Trade; or 
(B) any nonministerial modification or 
nonministerial amendment to the Agreement. 
(4) NEGOTIATING
TEXT.—The term ‘‘negoti-
ating text’’ means any document that proposes the 
consideration, examination, or adoption of a par-
ticular element or language in an international in-
strument. 
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(5) STATE
LAW.—The term ‘‘State law’’ in-
cludes— 
(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 Amer-
ican Institute in Taiwan and the Taipei Economic and 
Cultural Representative Office in the United States re-
garding 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 Agree-
ment to enter into force not earlier than 30 days after 
the date on which the President submits to Congress a 
certification under section (c). 
(b) CONSULTATION AND REPORT.—The President, 
not later than 30 days before submitting a certification 
under subsection (c), shall— 
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(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, con-
sumers, 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 re-
port under paragraph (2). 
(c) CERTIFICATION.—A certification under this sub-
section is a certification in writing that— 
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(1) indicates the President has determined Tai-
wan has taken measures necessary to comply with 
the provisions of the Agreement that are to take ef-
fect 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 com-
pleted all procedures necessary to bring the Agree-
ment 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 con-
gressional committees a report providing an assess-
ment of the implementation of the Agreement, in-
cluding by identifying any provisions for which fur-
ther 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 sepa-
rate annex. 
(3) PUBLICATION.—Not later than 5 days after 
the report required by paragraph (1) is submitted to 
the appropriate congressional committees, the Trade 
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Representative shall publish the report, with any 
confidential business information redacted, on a pub-
licly available website of the Office of the United 
States Trade Representative. 
SEC. 7. TRANSPARENCY AND CONSULTATION WITH RE-
SPECT TO FURTHER AGREEMENTS. 
(a) SENSE OF CONGRESS ON DEEPENING RELATION-
SHIP WITH TAIWAN.—It is the sense of Congress that the 
United States should continue to deepen its relationship 
with Taiwan. Any Further Agreements should be high- 
standard, enforceable, and meaningful to both the United 
States and Taiwan, as well as subject to robust require-
ments on public transparency and congressional consulta-
tion. 
(b) ACCESS
TO
TEXTS
OF
FURTHER
AGREE-
MENTS.—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 Tai-
wan or otherwise sharing the text outside the execu-
tive branch. 
(2) Negotiating text drafted by Taiwan not 
later than 3 days after receiving the text from Tai-
wan. 
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(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 congres-
sional 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 pro-
vided under subsection (b); and 
(B) 4 business days after the briefing to 
provide comments with respect to the texts be-
fore the Trade Representative transmits any 
such texts to Taiwan. 
(3) ADDITIONAL
TIME
TO
REVIEW
UNITED 
STATES NEGOTIATING TEXT.—If, during the period 
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specified in paragraph (2)(B), 2 members who are 
not of the same political party and each of whom is 
the Chair or Ranking Member of 1 of the appro-
priate congressional committees jointly request addi-
tional 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 the Chair 
and Ranking Member issue a subsequent joint notifi-
cation to the Trade Representative that they have 
concluded their review sooner. 
(d) NOTIFICATION AND BRIEFING DURING NEGOTIA-
TIONS.—The Trade Representative shall— 
(1) not later than one business day after sched-
uling any negotiating round with respect to a Fur-
ther Agreement, promptly notify the appropriate 
congressional committees and provide those commit-
tees with the dates and locations for the negotiating 
round; 
(2) ensure that any individual described in sec-
tion 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 
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States delegation during any such negotiating round; 
and 
(3) provide daily briefings to the individuals de-
scribed in paragraph (2) during any such negoti-
ating round regarding the status of those negotia-
tions, 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 Agree-
ment on a publicly available website of the Office of 
the United States Trade Representative; and 
(2) a bill is enacted into law expressly approv-
ing the Further Agreement and, if necessary, mak-
ing 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 CON-
FLICT.—No provision of the Agreement, nor the ap-
plication of any such provision to any person or cir-
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cumstance, which is inconsistent with any law of the 
United States, shall have effect. 
(2) INTERNAL
REVENUE
CODE.—The Agree-
ment does not constitute a free trade agreement for 
purposes of section 30D(e)(1)(A)(i)(II) of the Inter-
nal Revenue Code of 1986. 
(3) CONSTRUCTION.—Unless specifically pro-
vided 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— 
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