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 part-
nership 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 innova-
tion, 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 negotia-
tions under the United States-Taiwan Initiative on 21st-Cen-
tury 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.
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(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 Agree-
ment 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 inter-
national 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 Representa-
tive’’ means the United States Trade Representative.
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SEC. 5. APPROVAL OF AGREEMENT. 
Congress approves the Agreement between the American 
Institute in Taiwan and the Taipei Economic and Cultural Rep-
resentative 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 Presi-
dent contained in that certification, including by providing 
specific reference to the measures the parties to the Agree-
ment 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 Agree-
ment will further trade relations between the United States 
and Taiwan and advance the interests of workers, con-
sumers, businesses, farmers, ranchers, and other stake-
holders in the United States; and 
(3) answer in writing any questions that relate to potential 
compliance and implementation of the Agreement that are sub-
mitted 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 pub-
lish the report, with any confidential business information
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redacted, on a publicly available website of the Office of the 
United States Trade Representative. 
SEC. 7. TRANSPARENCY AND CONSULTATION WITH RESPECT TO FUR-
THER 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 relation-
ship 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 para-
graph (1) to review the texts provided under subsection 
(b); and 
(B) 4 business days after the briefing to provide com-
ments with respect to the texts before the Trade Represent-
ative transmits any such texts to Taiwan. 
(3) ADDITIONAL TIME TO REVIEW UNITED STATES NEGOTI-
ATING 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 notifica-
tion 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
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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 agree-
ment 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 Fur-
ther 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 provi-
sion 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 applica-
tion 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 provi-
sion of law, any action or inaction by any department, agency, 
or other instrumentality of the United States, any State, or
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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.