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

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

This bill expresses the approval of Congress for the June 1, 2023, agreement regarding trade between the United States and Taiwan. The bill also imposes requirements on the negotiations of certain further trade agreements between the United States and Taiwan. (The June 1, 2023, agreement, which addresses issues such as customs administration and regulatory practices, is the first of several expected agreements under the United States-Taiwan Initiative on 21st-Century Trade.)

The June 1, 2023, agreement may enter into force no earlier than 30 days after the President certifies in writing to Congress that Taiwan has taken measures necessary to comply with the agreement.

The bill also imposes requirements on the negotiation of further agreements under the United States-Taiwan Initiative on 21st-Century Trade, such as requiring the U.S. Trade Representative (USTR) to (1) share any U.S. negotiating texts with Congress prior to sharing the text with Taiwan or any parties outside of the executive branch, (2) share any negotiating texts from Taiwan within three days of receipt, and (3) provide daily briefings to certain Members of Congress during negotiating rounds. A further agreement shall not take effect unless (1) the President, at least 60 days before entering into the further agreement, makes the text publicly available on a USTR website; and (2) a bill is enacted into law expressly approving the further agreement.

[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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