[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4004 Reported in House (RH)]
<DOC>
Union Calendar No. 89
118th CONGRESS
1st Session
H. R. 4004
[Report No. 118-116]
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. Sanchez, 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
June 21, 2023
Additional sponsors: Mr. LaHood, Mr. Thompson of California, Mr.
Pascrell, Ms. Moore of Wisconsin, Mr. Beyer, Mr. Murphy, Mr. Steube,
Mr. Wenstrup, Mr. Balderson, Ms. DeLauro, Mr. Diaz-Balart, Mr. Johnson
of Ohio, Ms. Lee of Nevada, and Ms. Plaskett
June 21, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
12, 2023]
_______________________________________________________________________
A BILL
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.
Union Calendar No. 89
118th CONGRESS
1st Session
H. R. 4004
[Report No. 118-116]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 21, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed