Public Law 118–13: 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.

Agreement

appropriate congressional committees

the Committee on Finance of the Senate; and

the Committee on Ways and Means of the House of Representatives.

Further Agreement

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

any nonministerial modification or nonministerial amendment to the Agreement.

negotiating text

State law

any law of a political subdivision of a State; and

any State law regulating or taxing the business of insurance.

Trade Representative

consult with the appropriate congressional committees;

submit to the appropriate congressional committees a report that—

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).

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

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.

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.

The report required by paragraph (1) shall be submitted with any confidential business information clearly identified or contained in a separate annex.

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 137 STAT. 66 redacted, on a publicly available website of the Office of the United States Trade Representative.

the United States should continue to deepen its relationship with Taiwan; and

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.

Negotiating text drafted by the United States prior to sharing the negotiating text with Taiwan or otherwise sharing the text outside the executive branch.

Negotiating text drafted by Taiwan not later than 3 days after receiving the text from Taiwan.

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.

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.

The Trade Representative shall schedule a briefing with the appropriate congressional committees to discuss the texts provided under subsection (b).

The appropriate congressional committees shall have not less than—

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.

not later than one business day after scheduling any negotiating round with respect to a Further Agreement, promptly notify the appropriate congressional committees and 137 STAT. 67 provide those committees with the dates and locations for the negotiating round;

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

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.

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

a bill is enacted into law expressly approving the Further Agreement and, if necessary, making any required changes to United States law.

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.

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.

Unless specifically provided for in this Act, nothing in this Act shall be construed—

shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or

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 137 STAT. 68 any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.