[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4306 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4306
To provide for commercial and labor rule of law programs in the
People's Republic of China to enhance rationality and accountability in
the administration of justice in the commercial area, strengthen labor
rights protection, and lay the intellectual and institutional
groundwork for further reforms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2000
Mr. Gejdenson (for himself, Mr. Bereuter, Mr. Porter, Mr. Berman, Mr.
Ackerman, Mr. Hastings of Florida, and Mrs. Lowey) introduced the
following bill; which was referred to the Committee on International
Relations
_______________________________________________________________________
A BILL
To provide for commercial and labor rule of law programs in the
People's Republic of China to enhance rationality and accountability in
the administration of justice in the commercial area, strengthen labor
rights protection, and lay the intellectual and institutional
groundwork for further reforms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial
Competitiveness and Labor Rights in China Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Establishment of rule of law programs.
Sec. 4. Administrative authorities.
Sec. 5. Prohibition relating to human rights abuses.
Sec. 6. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--
(1) The United States and the People's Republic of China
signed a bilateral agreement on November 15, 1999, on accession
of China to the World Trade Organization (hereinafter referred
to as the ``China-WTO Agreement''), under which China made a
detailed set of concessions eliminating or limiting tariff and
non-tariff barriers to trade in order to become a member of the
World Trade Organization (WTO).
(2) Under the China-WTO Agreement, the Government of the
People's Republic of China will be required to amend many of
its laws, transform its institutions, and change its policies
to bring them into conformity with international trade rules.
(3) Officials of the Government of the People's Republic of
China, both at the national and provincial levels, must
interpret and implement the terms and conditions of the China-
WTO Agreement and the WTO regime into concrete policies, rules,
and regulations--a process which can materially benefit or harm
United States companies and their workers.
(4) The China-WTO Agreement, despite the desperate need in
the People's Republic of China for independent labor unions and
other resources which inform workers of their rights and fight
against exploitative working conditions, does not require China
to make changes in the labor rights area.
(5) The United States currently provides a small amount of
assistance to promote the rule of law in the People's Republic
of China, but does not have authorization to help officials of
the Chinese Government to write the laws, rules, and
regulations necessary to implement its obligations under the
China-WTO Agreement, or to promote better enforcement of labor
laws and regulations and respect for core labor rights as
developed by the International Labor Organization.
(6) Major United States trade competitors, including the
European Union, Japan, France, Germany, Canada, and Australia,
have already launched extensive, multi-year rule of law
programs in the People's Republic of China designed to promote
rationality and openness in the administration of commercial
law as well as to assist the People's Republic of China in
revising its trade and investment laws to make them consistent
with the requirements of the WTO, through training programs,
workshops, seminars, and exchanges.
(7) It is critical that the United States aggressively
protect its hard-won concessions from the People's Republic of
China relating to WTO membership by ensuring that China--
(A) writes laws, rules, and regulations that are
fair, open, and transparent, and that do not
discriminate against United States commercial
interests; and
(B) revises and expands existing labor legislation
to bring labor laws into compliance with
internationally-recognized core labor standards, as
defined by the International Labor Organization, and as
noted in the International Covenants on Civil and
Political Rights, and Economic, Social and Cultural
Rights.
(8) Over the last eight years, the Commercial Law
Development Division of the United States Department of
Commerce has dispatched United States lawyers to developing
countries to help such countries improve their laws and
institutions in order to promote economic reform and compliance
with international trade regimes.
(9) Extending commercial and labor rule of law programs in
the People's Republic of China will further United States
national interests even if the Government of China continues to
impede the development of the rule of law in others aspects of
Chinese society.
(b) Purpose.--The purpose of this Act is to establish commercial
and labor rule of law programs in the People's Republic of China to
enhance rationality and accountability in the administration of justice
in the commercial area, strengthen labor rights protection, and lay the
intellectual and institutional groundwork for further reforms.
SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS.
(a) Commercial Rule of Law Program.--
(1) In general.--The Secretary of Commerce, in consultation
with the Secretary of State and the Administrator of the United
States Agency for International Development, is authorized to
establish a program to conduct rule of law training and
technical assistance related to commercial activities in the
People's Republic of China.
(2) Role of the secretary of state.--The Secretary of State
shall provide foreign policy guidance to the Secretary of
Commerce to ensure that the program established under paragraph
(1) is effectively integrated into the foreign policy of the
United States.
(b) Labor Rule of Law Program.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Labor, is authorized to establish a
program to conduct rule of law training and technical
assistance related to labor activities in the People's Republic
of China.
(2) Limitation.--The Secretary of State shall not provide
assistance under the program authorized by paragraph (1) to the
All-China Federation of Trade Unions.
(c) Conduct of Programs.--The programs authorized by this section
may be used to conduct activities such as seminars and workshops,
drafting of commercial and labor codes, legal training, publications,
financing the operating costs for nongovernmental organizations working
in this area, and funding the travel of individuals to the United
States and to the People's Republic of China to provide and receive
training.
SEC. 4. ADMINISTRATIVE AUTHORITIES.
In carrying out the programs authorized by section 3, the Secretary
of Commerce and the Secretary of State may utilize any of the
authorities contained in the Foreign Assistance Act of 1961 and the
Foreign Service Act of 1980.
SEC. 5. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.
Amounts made available to carry out this Act may not be provided to
a component of a ministry or other administrative unit of the national,
provincial, or other local governments of the People's Republic of
China, to a nongovernmental organization, or to an official of such
governments or organizations, if the President has credible evidence
that such component, administrative unit, organization or official has
been materially responsible for the commission of human rights
violations.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Commercial Law Program.--There are authorized to be
appropriated to the Secretary of Commerce to carry out the program
described in section 3(a) such sums as may be necessary for fiscal year
2001 and each subsequent fiscal year.
(b) Labor Law Program.--There are authorized to be appropriated to
the Secretary of State to carry out the program described in section
3(b) such sums as may be necessary for fiscal year 2001 and each
subsequent fiscal year.
(c) Construction With Other Laws.--Except as provided in this Act,
funds appropriated pursuant to the authorization of appropriations in
this section may be obligated or expended notwithstanding any other
provision of law.
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