H.R. 4004House118th Congress (2023-2025)Enacted

United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act

Introduced June 12, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:44 AM UTC

The United States‑Taiwan Initiative on 21st‑Century Trade First Agreement Implementation Act formally approves a trade agreement between the United States and Taiwan and sets the process for it to take effect. It applies to trade, investment, and related economic activities affecting U.S. businesses, workers, consumers and government agencies. The law also creates reporting, transparency, and congressional oversight requirements for this and any future trade agreements with Taiwan.

Key Provisions

  • Congress approves the June 1 2023 trade agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.
  • The President may bring the agreement into force no earlier than 30 days after submitting a certification that Taiwan has met its obligations, after consulting the Senate Finance and House Ways & Means committees and providing a detailed report.
  • The U.S. Trade Representative must submit an implementation assessment to those committees within 180 days of entry into force and publish the report publicly, with confidential information redacted.
  • Future “Further Agreements” must be high‑standard, enforceable, and subject to robust congressional review, including sharing of negotiating texts, briefings, and a minimum 60‑day public posting before the President can sign.
  • A Further Agreement cannot take effect unless a bill expressly approves it and any necessary changes to U.S. law are enacted.
  • The agreement does not supersede U.S. federal law, is not treated as a free‑trade agreement for tax purposes, and state laws cannot be used to challenge its provisions.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

17 earlier actions
Became Law Latest Action

Became Public Law No: 118-13.

August 7, 2023

View full timeline
HouseIntro Referral

Introduced in House

June 12, 2023

HouseIntro Referral

Referred to the House Committee on Ways and Means.

June 12, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

June 13, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 42 - 0.

June 13, 2023

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 118-116.

June 21, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 89.

June 21, 2023

HouseFloor

Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended.

June 21, 2023 • 7:17 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3051-3054)

June 21, 2023 • 7:18 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4004.

June 21, 2023 • 7:18 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3051-3052)

June 21, 2023 • 7:32 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3051-3052)

June 21, 2023 • 7:32 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 21, 2023 • 7:32 PM

SenateIntro Referral

Received in the Senate, read twice.

June 22, 2023

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S2977-2978)

July 18, 2023

SenateFloor

Message on Senate action sent to the House.

July 20, 2023

President

Presented to President.

July 27, 2023

Became Law

Signed by President.

August 7, 2023

Became Law

Became Public Law No: 118-13.

August 7, 2023

Floor Debate

9 members

What members said about H.R. 4004 on the floor

3 Republicans6 Democrats
Ron Wyden
Sen. Ron WydenD-OR · Jun 22, 2023

Mr. President, in a moment I am going to put forward a unanimous consent request to pass a trade bill cosponsored by all the Democrats and Republicans on the relevant committee in the other body--…

Todd Young
Sen. Todd YoungR-IN · Jul 18, 2023

Mr. President, Indiana was settled by men and women who left the safety of their homes, they headed westward, and they crossed the Appalachian Mountains into the wilderness and the unknown. They were…

Bradley Scott Schneider
Rep. Bradley Scott SchneiderD-IL-10 · Jun 21, 2023

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am proud to join my Republican and Democratic colleagues in both the House and the Senate in this effort to demonstrate our…

Ron Wyden
Sen. Ron WydenD-OR · Jul 18, 2023

Mr. President, in a moment, I am going to put forward a unanimous consent request to pass an important bill exercising Congress's constitutional authority and approving the first modern agreement…

Jason Smith
Rep. Jason SmithR-MO-8 · Jun 21, 2023

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4004) to approve and implement the Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural…

Show 5 more
Lloyd Doggett
Rep. Lloyd DoggettD-TX-37 · Jun 21, 2023

Mr. Speaker, as a cosponsor of this legislation, I recognize the importance of our engagement with Taiwan economically, as well as our military presence to deter conflict and to maintain safe passage…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 23, 2023

Mr. Speaker, I rise today in support of H.R. 4004, the United States-Taiwan Initiative on 21st Century Trade First Agreement Implementation Act. This bill expresses the approval of Congress for the…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 22, 2023

I thank the Senator. Mr. President, I love your booming voice. I just want to come to the floor very quickly. I look forward to working with Chairman Wyden so we can forge even stronger economic ties…

Tom Cotton
Sen. Tom CottonR-AR · Jun 22, 2023

Mr. President, in reserving the right to object, I will object to this bill and to the process by which we have reached this point. Several of my colleagues and I are studying this matter. This is a…

Mark Kelly
Sen. Mark KellyD-AZ · Jul 18, 2023

I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

6 versions available

Reading Mode
Latest
Enrolled BillPublication date not provided

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

H. R. 4004

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.

1.

Short title

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

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.

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.

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.

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.

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.

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.

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.