,,ii #aahth ,,congress #ast ,session ,h4 ,r4 #djjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbc,received ,,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 ,taiwan1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states-,taiwan ,initiative on #bast-,century ,trade ,first ,agreement ,implementation ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,as a leading democracy1 ,taiwan is a key partner of the ,united ,states in the ,indo-,pacific region4 7#b7 ,the ,united ,states and ,taiwan share democratic values1 deep commercial and economic ties1 and strong people-to-people connections4 ,those links serve as the impetus for expanding engagement by the ,united ,states with ,taiwan4 7#c7 ,taiwan is the eighth-largest trading partner of the ,united ,states and the ,united ,states is the second-largest trading partner of ,taiwan4 7#d7 ,since #bjbj1 the ,united ,states and ,taiwan1 under the auspices of the ,american ,institute in ,taiwan 7,,ait7 and the ,taipei ,economic and ,cultural ,representative ,office in the ,united ,states 7,,tecro71 have held an economic prosperity partnership dialogue to enhance economic and commercial ties between the ,united ,states and ,taiwan1 including with respect to supply chain security and resiliency1 investment screening1 health1 science1 and technology1 and the digital economy4 7#e7 ,on ,june #a1 #bjbb1 the ,united ,states and ,taiwan launched the ,united ,states-,taiwan ,initiative on #bast-,century ,trade to deepen our economic and trade relationship1 advance mutual trade priorities based on shared values1 promote innovation1 and support inclusive economic growth for workers and businesses4 7#f7 ,on ,august #ag1 #bjbb1 the ,united ,states and ,taiwan announced the negotiating mandate for formal trade negotiations under the ,united ,states-,taiwan ,initiative on #bast-,century ,trade and agreed to seek high-standard commitments4 7#g7 ,article ,i1 section #h1 clause #c of the ,constitution of the ,united ,states grants ,congress authority over international trade4 ,the ,president lacks the authority to enter into binding trade agreements absent approval from ,congress4 7#h7 ,congressional approval of the ,united ,states-,taiwan ,initiative on #bast-,century ,trade ,first ,agreement will ensure that the agreement1 and the trade relationship between the ,united ,states and ,taiwan more broadly1 will be durable4 ,a durable trade agreement will foster sustained economic growth and give workers1 consumers1 businesses1 farmers1 ranchers1 and other stakeholders assurance that commercial ties between the ,united ,states and ,taiwan will be long-lasting and reliable4 #c4 ,purpose ,the purpose of this ,act is-- 7#a7 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 ,taiwan1 done on ,june #a1 #bjbc2 7#b7 to strengthen and develop economic relations between the ,united ,states and ,taiwan for our mutual benefit2 7#c7 to lay the foundation for further cooperation to expand and enhance the benefits of the ,agreement2 and 7#d7 to establish transparency and consultation requirements with respect to ,further ,agreements4 #d4 ,definitions ,in this ,act3 7#a7 ,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 #e4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,finance of the ,senate2 and 7,b7 the ,committee on ,ways and ,means of the ,house of ,representatives4 7#c7 ,further agreement ,the term ,further ,agreement means-- 7,a7 any trade agreement1 other than the ,agreement approved by ,congress under section #e1 arising from or relating to the ,august #ag1 #bjbb1 negotiating mandate relating to the ,united ,states-,taiwan ,initiative on #bast-,century ,trade2 or 7,b7 any nonministerial modification or nonministerial amendment to the ,agreement4 7#d7 ,negotiating text ,the term negotiating text means any document that proposes the consideration1 examination1 or adoption of a particular element or language in an international instrument4 7#e7 ,state law ,the term ,state law includes-- 7,a7 any law of a political subdivision of a ,state2 and 7,b7 any ,state law regulating or taxing the business of insurance4 7#f7 ,trade representative ,the term ,trade ,representative means the ,united ,states ,trade ,representative4 #e4 ,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 ,taiwan1 done on ,june #a1 #bjbc4 #f4 ,entry into force of agreement 7a7 ,conditions for entry into force of agreement ,the ,president may provide for the ,agreement to enter into force not earlier than #cj days after the date on which the ,president submits to ,congress a certification under subsection 7c74 7b7 ,consultation and report ,the ,president1 not later than #cj days before submitting a certification under subsection 7c71 shall-- 7#a7 consult with the appropriate congressional committees2 7#b7 submit to the appropriate congressional committees a report that-- 7,a7 explains the basis of the determination of the ,president contained in that certification1 including by providing specific reference to the measures the parties to the ,agreement intend to use to comply with the obligations in the ,agreement2 and 7,b7 describes1 including through the use of economic estimates and analyses1 how entry into force of the ,agreement will further trade relations between the ,united ,states and ,taiwan and advance the interests of workers1 consumers1 businesses1 farmers1 ranchers1 and other stakeholders in the ,united ,states2 and 7#c7 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 #ae-;day period beginning on the date of the submission of the report under paragraph 7#b74 7c7 ,certification ,a certification under this subsection is a certification in writing that-- 7#a7 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 force2 and 7#b7 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 force4 7d7 ,report on implementation 7#a7 ,in general ,not later than #ahj days after entry into force of the ,agreement1 the ,trade ,representative shall submit to the appropriate congressional committees a report providing an assessment of the implementation of the ,agreement1 including by identifying any provisions for which further progress is necessary to secure compliance4 7#b7 ,form ,the report required by paragraph 7#a7 shall be submitted with any confidential business information clearly identified or contained in a separate annex4 7#c7 ,publication ,not later than #e days after the report required by paragraph 7#a7 is submitted to the appropriate congressional committees1 the ,trade ,representative shall publish the report1 with any confidential business information redacted1 on a publicly available website of the ,office of the ,united ,states ,trade ,representative4 #g4 ,transparency and consultation with respect to further agreements 7a7 ,sense of congress on deepening relationship with taiwan ,it is the sense of ,congress that-- 7#a7 the ,united ,states should continue to deepen its relationship with ,taiwan2 and 7#b7 any ,further ,agreements should be high-standard1 enforceable1 and meaningful to both the ,united ,states and ,taiwan1 as well as subject to robust requirements on public transparency and congressional consultation4 7b7 ,access to texts of further agreements ,the ,trade ,representative shall provide to the appropriate congressional committees the following with respect to a ,further ,agreement3 7#a7 ,negotiating text drafted by the ,united ,states prior to sharing the negotiating text with ,taiwan or otherwise sharing the text outside the executive branch4 7#b7 ,negotiating text drafted by ,taiwan not later than #c days after receiving the text from ,taiwan4 7#c7 ,any consolidated negotiating texts that the ,united ,states and ,taiwan are considering1 which shall include an attribution of the source of each provision contained in those texts to either the ,united ,states or ,taiwan4 7#d7 ,the final text not later than #de days before the ,trade ,representative makes the text public or otherwise shares the text outside the executive branch4 7c7 ,review of texts 7#a7 ,briefing ,the ,trade ,representative shall schedule a briefing with the appropriate congressional committees to discuss the texts provided under subsection 7b74 7#b7 ,review ,the appropriate congressional committees shall have not less than-- 7,a7 #b business days prior to the briefing under paragraph 7#a7 to review the texts provided under subsection 7b72 and 7,b7 #d business days after the briefing to provide comments with respect to the texts before the ,trade ,representative transmits any such texts to ,taiwan4 7#c7 ,additional time to review united states negotiating text ,if1 during the period specified in paragraph 7#b77;,b71 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 7b77#a71 the ,trade ,representative shall not transmit the text to ,taiwan for a period of #ae business days following the request1 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 sooner4 7d7 ,notification and briefing during negotiations ,the ,trade ,representative shall-- 7#a7 not later than one business day after scheduling any negotiating round with respect to a ,further ,agreement1 promptly notify the appropriate congressional committees and provide those committees with the dates and locations for the negotiating round2 7#b7 ensure that any individual described in section #ajd7;c77#b77;,c7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbjc7;c77#b77;,c77 that attends a negotiating round is accredited as a member of the ,united ,states delegation during any such negotiating round2 and 7#c7 provide daily briefings to the individuals described in paragraph 7#b7 during any such negotiating round regarding the status of those negotiations1 including any tentative agreement to accept any aspect of negotiating text4 7e7 ,approval ,a ,further ,agreement shall not take effect unless-- 7#a7 the ,president1 at least #fj days before the day on which the ,president enters into the ,further ,agreement1 publishes the text of the ,further ,agreement on a publicly available website of the ,office of the ,united ,states ,trade ,representative2 and 7#b7 a bill is enacted into law expressly approving the ,further ,agreement and1 if necessary1 making any required changes to ,united ,states law4 #h4 ,relationship of the agreement to united states and state law 7a7 ,relationship of the agreement to united states law 7#a7 ,united states law to prevail in conflict ,no provision of the ,agreement1 nor the application of any such provision to any person or circumstance1 which is inconsistent with any law of the ,united ,states1 shall have effect4 7#b7 ,internal revenue code ,the ,agreement does not constitute a free trade agreement for purposes of section #cj;,d7e77#a77;,a77i77,,ii7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,construction ,unless specifically provided for in this ,act1 nothing in this ,act shall be construed-- 7,a7 to amend or modify any law of the ,united ,states2 or 7,b7 to limit any authority conferred under any law of the ,united ,states4 7b7 ,relationship of the agreement to state law ,no ,state law1 or the application thereof1 may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the ,agreement1 except in an action brought by the ,united ,states for the purpose of declaring such law or application invalid4 7c7 ,effect of the agreement with respect to private remedies ,no person other than the ,united ,states-- 7#a7 shall have any cause of action or defense under the ,agreement or by virtue of congressional approval thereof2 or 7#b7 may challenge1 in any action brought under any provision of law1 any action or inaction by any department1 agency1 or other instrumentality of the ,united ,states1 any ,state1 or any political subdivision of a ,state1 on the ground that such action or inaction is inconsistent with the ,agreement4 ,passed the ,house of ,representatives ,june #ba1 #bjbc4;,cheryl ,l4 ,johnson1,clerk4