[118th Congress Public Law 13]
[From the U.S. Government Publishing Office]
[[Page 137 STAT. 63]]
Public Law 118-13
118th Congress
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. <<NOTE: Aug. 7, 2023 - [H.R.
4004]>> <<NOTE: United States-Taiwan Initiative on 21st-Century Trade
First Agreement Implementation Act. 19 USC 2112 note.>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States-
Taiwan Initiative on 21st-Century Trade First Agreement Implementation
Act. 19 USC 2112 note.>>
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.
[[Page 137 STAT. 64]]
(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) <<NOTE: Requirements.>> 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.
[[Page 137 STAT. 65]]
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. <<NOTE: President. Deadlines.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Confidentiality. Public information. Web
posting.>> 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
[[Page 137 STAT. 66]]
redacted, on a publicly available website of the Office of the
United States Trade Representative.
SEC. 7. <<NOTE: Deadlines.>> 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.-- <<NOTE: Time period.>> 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
[[Page 137 STAT. 67]]
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) <<NOTE: President. Public information. Web posting.>>
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
[[Page 137 STAT. 68]]
any political subdivision of a State, on the ground that such
action or inaction is inconsistent with the Agreement.
Approved August 7, 2023.
LEGISLATIVE HISTORY--H.R. 4004:
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HOUSE REPORTS: No. 118-116 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 169 (2023):
June 21, considered and passed House.
July 18, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2023):
Aug. 7, Presidential statement.
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