[106th Congress Public Law 286]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ286.106]
[[Page 879]]
NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA
[[Page 114 STAT. 880]]
Public Law 106-286
106th Congress
An Act
To authorize extension of nondiscriminatory treatment (normal trade
relations treatment) to the People's Republic of China, and to establish
a framework for relations between the United States and the People's
Republic of China. <<NOTE: Oct. 10, 2000 - [H.R. 4444]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into two divisions as follows:
(1) Division A--Normal trade relations for the People's
Republic of China.
(2) Division B--United States-China Relations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Organization of Act into divisions; table of contents.
DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA
TITLE I--NORMAL TRADE RELATIONS
Sec. 101. Termination of application of chapter 1 of title IV of the
Trade Act of 1974 to the People's Republic of China.
Sec. 102. Effective date.
Sec. 103. Relief from market disruption.
Sec. 104. Amendment to section 123 of the Trade Act of 1974-compensation
authority.
DIVISION B--UNITED STATES-CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
Sec. 201. Short title of division; table of contents of division.
Sec. 202. Findings.
Sec. 203. Policy.
Sec. 204. Definitions.
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA
Sec. 301. Establishment of Congressional-Executive Commission on the
People's Republic of China.
Sec. 302. Functions of the Commission.
Sec. 303. Membership of the Commission.
Sec. 304. Votes of the Commission.
Sec. 305. Expenditure of appropriations.
Sec. 306. Testimony of witnesses, production of evidence; issuance of
subpoenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.
[[Page 114 STAT. 881]]
TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S
WTO COMMITMENTS
Subtitle A--Review of Membership of the People's Republic of China in
the WTO
Sec. 401. Review within the WTO.
Subtitle B--Authorization To Promote Compliance With Trade Agreements
Sec. 411. Findings.
Sec. 412. Purpose.
Sec. 413. Authorization of appropriations.
Subtitle C--Report on Compliance by the People's Republic of China With
WTO Obligations
Sec. 421. Report on compliance.
TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA
Subtitle A--Task Force on Prohibition of Importation of Products of
Forced or Prison Labor From the People's Republic of China
Sec. 501. Establishment of Task Force.
Sec. 502. Functions of Task Force.
Sec. 503. Composition of Task Force.
Sec. 504. Authorization of appropriations.
Sec. 505. Reports to Congress.
Subtitle B--Assistance To Develop Commercial and Labor Rule of Law
Sec. 511. Establishment of technical assistance and rule of law
programs.
Sec. 512. Administrative authorities.
Sec. 513. Prohibition relating to human rights abuses.
Sec. 514. Authorization of appropriations.
TITLE VI--ACCESSION OF TAIWAN TO THE WTO
Sec. 601. Accession of Taiwan to the WTO.
TITLE VII--RELATED ISSUES
Sec. 701. Authorizations of appropriations for broadcasting capital
improvements and international broadcasting operations.
DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA
TITLE I--NORMAL TRADE RELATIONS
SEC. 101. <<NOTE: 19 USC 2431 note.>> TERMINATION OF APPLICATION OF
CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Presidential Determinations and Extension of Nondiscriminatory
Treatment.--Notwithstanding any provision of chapter 1 of title IV of
the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section
3(a)(2) of this Act, the President may--
(1) determine that such chapter should no longer apply to
the People's Republic of China; and
(2) after making a determination under paragraph (1) with
respect to the People's Republic of China, proclaim the
extension of nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
(b) Accession of the People's Republic of China to the World Trade
Organization.--Prior to making the determination
[[Page 114 STAT. 882]]
provided for in subsection (a)(1) and pursuant to the provisions of
section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the
President shall transmit a report to Congress certifying that the terms
and conditions for the accession of the People's Republic of China to
the World Trade Organization are at least equivalent to those agreed
between the United States and the People's Republic of China on November
15, 1999.
SEC. <<NOTE: 19 USC 2431 note.>> 102. EFFECTIVE DATE.
(a) Effective Date of Nondiscriminatory Treatment.--The extension of
nondiscriminatory treatment pursuant to section 101(a) shall be
effective no earlier than the effective date of the accession of the
People's Republic of China to the World Trade Organization.
(b) Termination of Applicability of Title IV.--On and after the
effective date under subsection (a) of the extension of
nondiscriminatory treatment to the products of the People's Republic of
China, chapter 1 of title IV of the Trade Act of 1974 (as designated by
section 103(a)(2) of this Act) shall cease to apply to that country.
SEC. 103. RELIEF FROM MARKET DISRUPTION.
(a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431
et seq.) is amended--
(1) in the title heading, by striking ``CURRENTLY'';
(2) by inserting before section 401 the following:
``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES'';
and
(3) by adding at the end the following new chapter:
``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION
OF TRADE TO THE UNITED STATES MARKET
``SEC. <<NOTE: 19 USC 2451.>> 421. ACTION TO ADDRESS MARKET DISRUPTION.
``(a) Presidential Action.--If a product of the People's Republic of
China is being imported into the United States in such increased
quantities or under such conditions as to cause or threaten to cause
market disruption to the domestic producers of a like or directly
competitive product, the President shall, in accordance with the
provisions of this section, proclaim increased duties or other import
restrictions with respect to such product, to the extent and for such
period as the President considers necessary to prevent or remedy the
market disruption.
``(b) Initiation of an Investigation.--(1) Upon the filing of a
petition by an entity described in section 202(a) of the Trade Act of
1974 (19 U.S.C. 2252(a)), upon the request of the President or the
United States Trade Representative (in this subtitle referred to as the
`Trade Representative'), upon resolution of either the Committee on Ways
and Means of the House of Representatives, or the Committee on Finance
of the Senate (in this subtitle referred to as the `Committees') or on
its own motion, the United States International Trade Commission (in
this subtitle referred to as the `Commission') shall promptly make an
investigation to determine whether products of the People's Republic of
China are being imported into the United States in such increased
quantities or
[[Page 114 STAT. 883]]
under such conditions as to cause or threaten to cause market disruption
to the domestic producers of like or directly competitive products.
``(2) The limitations on investigations set forth in section
202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to
investigations conducted under this section.
``(3) The provisions of subsections (a)(8) and (i) of section 202 of
the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to
treatment of confidential business information, shall apply to
investigations conducted under this section.
``(4) Whenever a petition is filed, or a request or resolution is
received, under this subsection, the Commission shall transmit a copy
thereof to the President, the Trade Representative, the Committee on
Ways and Means of the House of Representatives, and the Committee on
Finance of the Senate, except that in the case of confidential business
information, the copy may include only nonconfidential summaries of such
information.
``(5) <<NOTE: Federal Register, publication.>> The Commission shall
publish notice of the commencement of any proceeding under this
subsection in the Federal Register and shall, within a reasonable time
thereafter, hold public hearings at which the Commission shall afford
interested parties an opportunity to be present, to present evidence, to
respond to the presentations of other parties, and otherwise to be
heard.
``(c) Market Disruption.--(1) For purposes of this section, market
disruption exists whenever imports of an article like or directly
competitive with an article produced by a domestic industry are
increasing rapidly, either absolutely or relatively, so as to be a
significant cause of material injury, or threat of material injury, to
the domestic industry.
``(2) For purposes of paragraph (1), the term `significant cause'
refers to a cause which contributes significantly to the material injury
of the domestic industry, but need not be equal to or greater than any
other cause.
``(d) Factors in Determination.--In determining whether market
disruption exists, the Commission shall consider objective factors,
including--
``(1) the volume of imports of the product which is the
subject of the investigation;
``(2) the effect of imports of such product on prices in the
United States for like or directly competitive articles; and
``(3) the effect of imports of such product on the domestic
industry producing like or directly competitive articles.
The presence or absence of any factor under paragraph (1), (2), or (3)
is not necessarily dispositive of whether market disruption exists.
``(e) Time for Commission <<NOTE: Deadline.>> Determinations.--The
Commission shall make and transmit to the President and the Trade
Representative its determination under subsection (b)(1) at the earliest
practicable time, but in no case later than 60 days (or 90 days in the
case of a petition requesting relief under subsection (i)) after the
date on which the petition is filed, the request or resolution is
received, or the motion is adopted, under subsection (b). If the
Commissioners voting are equally divided with respect to its
determination, then the determination agreed upon by either group of
Commissioners may be considered by the President and the Trade
Representative as the determination of the Commission.
[[Page 114 STAT. 884]]
``(f ) Recommendations of Commission on Proposed Remedies.--If the
Commission makes an affirmative determination under subsection (b), or a
determination which the President or the Trade Representative may
consider as affirmative under subsection (e), the Commission shall
propose the amount of increase in, or imposition of, any duty or other
import restrictions necessary to prevent or remedy the market
disruption. Only those members of the Commission who agreed to the
affirmative determination under subsection (b) are eligible to vote on
the proposed action to prevent or remedy market disruption. Members of
the Commission who did not agree to the affirmative determination may
submit, in the report required under subsection (g), separate views
regarding what action, if any, should be taken to prevent or remedy
market disruption.
``(g) Report by <<NOTE: Deadline.>> Commission.--(1) Not later than
20 days after a determination under subsection (b) is made, the
Commission shall submit a report to the President and the Trade
Representative.
``(2) The Commission shall include in the report required under
paragraph (1) the following:
``(A) The determination made under subsection (b) and an
explanation of the basis for the determination.
``(B) If the determination under subsection (b) is
affirmative, or may be considered by the President or the Trade
Representative as affirmative under subsection (e), the
recommendations of the Commission on proposed remedies under
subsection (f ) and an explanation of the basis for each
recommendation.
``(C) Any dissenting or separate views by members of the
Commission regarding the determination and any recommendation
referred to in subparagraphs (A) and (B).
``(D) A description of--
``(i) the short- and long-term effects that
implementation of the action recommended under
subsection (f ) is likely to have on the petitioning
domestic industry, on other domestic industries, and on
consumers; and
``(ii) the short- and long-term effects of not
taking the recommended action on the petitioning
domestic industry, its workers, and the communities
where production facilities of such industry are
located, and on other domestic industries.
``(3) <<NOTE: Federal Register, publication.>> The Commission,
after submitting a report to the President under paragraph (1), shall
promptly make it available to the public (but shall not include
confidential business information) and cause a summary thereof to be
published in the Federal Register.
``(h) Opportunity To Present Views and Evidence on Proposed Measure
and Recommendation to the <<NOTE: Federal Register, publication.>>
President.--(1) Within 20 days after receipt of the Commission's report
under subsection (g) (or 15 days in the case of an affirmative
preliminary determination under subsection (i)(1)(B)), the Trade
Representative shall publish in the Federal Register notice of any
measure proposed by the Trade Representative to be taken pursuant to
subsection (a) and of the opportunity, including a public hearing, if
requested, for importers, exporters, and other interested parties to
submit their views and evidence on the appropriateness of the proposed
measure and whether it would be in the public interest.
[[Page 114 STAT. 885]]
``(2) Within 55 days after receipt of the report under subsection
(g) (or 35 days in the case of an affirmative preliminary determination
under subsection (i)(1)(B)), the Trade Representative, taking into
account the views and evidence received under paragraph (1) on the
measure proposed by the Trade Representative, shall make a
recommendation to the President concerning what action, if any, to take
to prevent or remedy the market disruption.
``(i) Critical Circumstances.--(1) <<NOTE: Deadline.>> When a
petition filed under subsection (b) alleges that critical circumstances
exist and requests that provisional relief be provided under this
subsection with respect to the product identified in the petition, the
Commission shall, not later than 45 days after the petition containing
the request is filed--
``(A) determine whether delay in taking action under this
section would cause damage to the relevant domestic industry
which would be difficult to repair; and
``(B) if the determination under subparagraph (A) is
affirmative, make a preliminary determination of whether imports
of the product which is the subject of the investigation have
caused or threatened to cause market disruption.
If the Commissioners voting are equally divided with respect to either
of its determinations, then the determination agreed upon by either
group of Commissioners may be considered by the President and the Trade
Representative as the determination of the Commission.
``(2) On the date on which the Commission completes its
determinations under paragraph (1), the Commission shall transmit a
report on the determinations to the President and the Trade
Representative, including the reasons for its determinations. If the
determinations under paragraph (1) are affirmative, or may be considered
by the President or the Trade Representative as affirmative under
paragraph (1), the Commission shall include in its report its
recommendations on proposed provisional measures to be taken to prevent
or remedy the market disruption. Only those members of the Commission
who agreed to the affirmative determinations under paragraph (1) are
eligible to vote on the proposed provisional measures to prevent or
remedy market disruption. Members of the Commission who did not agree to
the affirmative determinations may submit, in the report, dissenting or
separate views regarding the determination and any recommendation of
provisional measures referred to in this paragraph.
``(3) If the determinations under paragraph (1) are affirmative, or
may be considered by the President or the Trade Representative as
affirmative under paragraph (1), the Trade Representative shall, within
10 days after receipt of the Commission's report, determine the amount
or extent of provisional relief that is necessary to prevent or remedy
the market disruption and shall provide a recommendation to the
President on what provisional measures, if any, to take.
``(4)(A) The President shall determine whether to provide
provisional relief and proclaim such relief, if any, within 10 days
after receipt of the recommendation from the Trade Representative.
``(B) Such relief may take the form of--
``(i) the imposition of or increase in any duty;
``(ii) any modification, or imposition of any quantitative
restriction on the importation of an article into the United
States; or
[[Page 114 STAT. 886]]
``(iii) any combination of actions under clauses (i) and
(ii).
``(C) Any provisional action proclaimed by the President pursuant to
a determination of critical circumstances shall remain in effect not
more than 200 days.
``(D) Provisional relief shall cease to apply upon the effective
date of relief proclaimed under subsection (a), upon a decision by the
President not to provide such relief, or upon a negative determination
by the Commission under subsection (b).
``( j) Agreements With the People's Republic of China.--(1) The
Trade Representative is authorized to enter into agreements for the
People's Republic of China to take such action as necessary to prevent
or remedy market disruption, and should seek to conclude such agreements
before the expiration of the 60-day consultation period provided for
under the product-specific safeguard provision of the Protocol of
Accession of the People's Republic of China to the WTO, which shall
commence not later than 5 days after the Trade Representative receives
an affirmative determination provided for in subsection (e) or a
determination which the Trade Representative considers to be an
affirmative determination pursuant to subsection (e).
``(2) If no agreement is reached with the People's Republic of China
pursuant to consultations under paragraph (1), or if the President
determines than an agreement reached pursuant to such consultations is
not preventing or remedying the market disruption at issue, the
President shall provide import relief in accordance with subsection (a).
``(k) Standard for Presidential Action.--(1) Within 15 days after
receipt of a recommendation from the Trade Representative under
subsection (h) on the appropriate action, if any, to take to prevent or
remedy the market disruption, the President shall provide import relief
for such industry pursuant to subsection (a), unless the President
determines that provision of such relief is not in the national economic
interest of the United States or, in extraordinary cases, that the
taking of action pursuant to subsection (a) would cause serious harm to
the national security of the United States.
``(2) The President may determine under paragraph (1) that providing
import relief is not in the national economic interest of the United
States only if the President finds that the taking of such action would
have an adverse impact on the United States economy clearly greater than
the benefits of such action.
``(l) Publication of Decision and <<NOTE: Federal Register,
publication.>> Reports.--(1) The President's decision, including the
reasons therefor and the scope and duration of any action taken, shall
be published in the Federal Register.
``(2) <<NOTE: Federal Register, publication.>> The Commission shall
promptly make public any report transmitted under this section, but
shall not make public any information which the Commission determines to
be confidential, and shall publish notice of such report in the Federal
Register.
``(m) Effective Date of <<NOTE: Deadline.>> Relief.--Import relief
under this section shall take effect not later than 15 days after the
President's determination to provide such relief.
``(n) Modifications of Relief.--(1) At any time after the end of the
6-month period beginning on the date on which relief under subsection
(m) first takes effect, the President may request that the Commission
provide a report on the probable effect of the modification, reduction,
or termination of the relief provided on
[[Page 114 STAT. 887]]
the relevant industry. The Commission shall transmit such report to the
President within 60 days of the request.
``(2) The President may, after receiving a report from the
Commission under paragraph (1), take such action to modify, reduce, or
terminate relief that the President determines is necessary to continue
to prevent or remedy the market disruption at issue.
``(3) Upon the granting of relief under subsection (k), the
Commission shall collect such data as is necessary to allow it to
respond rapidly to a request by the President under paragraph (1).
``(o) Extension of <<NOTE: Deadline.>> Action.--(1) Upon request of
the President, or upon petition on behalf of the industry concerned
filed with the Commission not earlier than the date which is 9 months,
and not later than the date which is 6 months, before the date any
relief provided under subsection (k) is to terminate, the Commission
shall investigate to determine whether action under this section
continues to be necessary to prevent or remedy market disruption.
``(2) <<NOTE: Federal Register, publication.>> The Commission shall
publish notice of the commencement of any proceeding under this
subsection in the Federal Register and shall, within a reasonable time
thereafter, hold a public hearing at which the Commission shall afford
interested parties and consumers an opportunity to be present, to
present evidence, and to respond to the presentations of other parties
and consumers, and otherwise to be heard.
``(3) <<NOTE: Reports. Deadline.>> The Commission shall transmit to
the President a report on its investigation and determination under this
subsection not later than 60 days before the action under subsection (m)
is to terminate.
``(4) The President, after receiving an affirmative determination
from the Commission under paragraph (3), may extend the effective period
of any action under this section if the President determines that the
action continues to be necessary to prevent or remedy the market
disruption.
``SEC. <<NOTE: 19 USC 2451a.>> 422. ACTION IN RESPONSE TO TRADE
DIVERSION.
``(a) Monitoring by Customs Service.--In any case in which a WTO
member other than the United States requests consultations with the
People's Republic of China under the product-specific safeguard
provision of the Protocol of Accession of the People's Republic of China
to the World Trade Organization, the Trade Representative shall inform
the United States Customs Service, which shall monitor imports into the
United States of those products of Chinese origin that are the subject
of the consultation request. Data from such monitoring shall promptly be
made available to the Commission upon request by the Commission.
``(b) Initiation of Investigation.--(1) Upon the filing of a
petition by an entity described in section 202(a) of the Trade Act of
1974, upon the request of the President or the Trade Representative,
upon resolution of either of the Committees, or on its own motion, the
Commission shall promptly make an investigation to determine whether an
action described in subsection (c) has caused, or threatens to cause, a
significant diversion of trade into the domestic market of the United
States.
``(2) <<NOTE: Federal Register, publication.>> The Commission shall
publish notice of the commencement of any proceeding under this
subsection in the Federal Register
[[Page 114 STAT. 888]]
and shall, within a reasonable time thereafter, hold public hearings at
which the Commission shall afford interested parties an opportunity to
be present, to present evidence, to respond to the presentations of
other parties, and otherwise to be heard.
``(3) The provisions of subsections (a)(8) and (i) of section 202 of
the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to
treatment of confidential business information, shall apply to
investigations conducted under this section.
``(c) Actions Described.--An action is described in this subsection
if it is an action--
``(1) by the People's Republic of China to prevent or remedy
market disruption in a WTO member other than the United States;
``(2) by a WTO member other than the United States to
withdraw concessions under the WTO Agreement or otherwise to
limit imports to prevent or remedy market disruption;
``(3) by a WTO member other than the United States to apply
a provisional safeguard within the meaning of the product-
specific safeguard provision of the Protocol of Accession of the
People's Republic of China to the WTO; or
``(4) any combination of actions described in paragraphs (1)
through (3).
``(d) Basis for Determination of Significant Diversion.--(1) In
determining whether significant diversion or the threat thereof exists
for purposes of this section, the Commission shall take into account, to
the extent such evidence is reasonably available--
``(A) the monitoring conducted under subsection (a);
``(B) the actual or imminent increase in United States
market share held by such imports from the People's Republic of
China;
``(C) the actual or imminent increase in volume of such
imports into the United States;
``(D) the nature and extent of the action taken or proposed
by the WTO member concerned;
``(E) the extent of exports from the People's Republic of
China to that WTO member and to the United States;
``(F) the actual or imminent changes in exports to that WTO
member due to the action taken or proposed;
``(G) the actual or imminent diversion of exports from the
People's Republic of China to countries other than the United
States;
``(H) cyclical or seasonal trends in import volumes into the
United States of the products at issue; and
``(I) conditions of demand and supply in the United States
market for the products at issue.
The presence or absence of any factor under any of subparagraphs (A)
through (I) is not necessarily dispositive of whether a significant
diversion of trade or the threat thereof exists.
``(2) For purposes of making its determination, the Commission shall
examine changes in imports into the United States from the People's
Republic of China since the time that the WTO member commenced the
investigation that led to a request for consultations described in
subsection (a).
``(3) If more than one action by a WTO member or WTO members against
a particular product is identified in the petition,
[[Page 114 STAT. 889]]
request, or resolution under subsection (b) or during the investigation,
the Commission may cumulatively assess the actual or likely effects of
such actions jointly in determining whether a significant diversion of
trade or threat thereof exists.
``(e) Commission Determination; Agreement Authority.--
(1) <<NOTE: Deadline.>> The Commission shall make and transmit to the
President and the Trade Representative its determination under
subsection (b) at the earliest practicable time, but in no case later
than 45 days after the date on which the petition is filed, the request
or resolution is received, or the motion is adopted, under subsection
(b). If the Commissioners voting are equally divided with respect to its
determination, then the determination agreed upon by either group of
Commissioners may be considered by the President and the Trade
Representative as the determination of the Commission.
``(2) The Trade Representative is authorized to enter into
agreements with the People's Republic of China or the other WTO members
concerned to take such action as necessary to prevent or remedy
significant trade diversion or threat thereof into the domestic market
of the United States, and should seek to conclude such agreements before
the expiration of the 60-day consultation period provided for under the
product-specific safeguard provision of the Protocol of Accession of the
People's Republic of China to the WTO, which shall commence not later
than 5 days after the Trade Representative receives an affirmative
determination provided for in paragraph (1) or a determination which the
Trade Representative considers to be an affirmative determination
pursuant to paragraph (1).
``(3) Report <<NOTE: Deadline.>> by Commission.--
``(A) Not later than 10 days after a determination under
subsection (b), is made, the Commission shall transmit a report
to the President and the Trade Representative.
``(B) The Commission shall include in the report required
under subparagraph (A) the following:
``(i) The determination made under subsection (b)
and an explanation of the basis for the determination.
``(ii) If the determination under subsection (b) is
affirmative, or may be considered by the President or
the Trade Representative as affirmative under subsection
(e)(1), the recommendations of the Commission on
increased tariffs or other import restrictions to be
imposed to prevent or remedy the trade diversion or
threat thereof, and explanations of the bases for such
recommendations. Only those members of the Commission
who agreed to the affirmative determination under
subsection (b) are eligible to vote on the proposed
action to prevent or remedy the trade diversion or
threat thereof.
``(iii) Any dissenting or separate views by members
of the Commission regarding the determination and any
recommendation referred to in clauses (i) and (ii).
``(iv) A description of--
``(I) the short- and long-term effects that
implementation of the action recommended under
clause (ii) is likely to have on the petitioning
domestic industry, on other domestic industries,
and on consumers; and
``(II) the short- and long-term effects of not
taking the recommended action on the petitioning
domestic
[[Page 114 STAT. 890]]
industry, its workers and the communities where
production facilities of such industry are
located, and on other domestic industries.
``(C) <<NOTE: Federal Register, publication.>> The
Commission, after submitting a report to the President under
subparagraph (A), shall promptly make it available to the public
(with the exception of confidential business information) and
cause a summary thereof to be published in the Federal Register.
``(f ) Public <<NOTE: Federal Register, publication.>> Comment.--If
consultations fail to lead to an agreement with the People's Republic of
China or the WTO member concerned within 60 days, the Trade
Representative shall promptly publish notice in the Federal Register of
any proposed action to prevent or remedy the trade diversion, and
provide an opportunity for interested persons to present views and
evidence on whether the proposed action is in the public interest.
``(g) Recommendation to the President.--Within 20 days after the end
of consultations pursuant to subsection (e), the Trade Representative
shall make a recommendation to the President on what action, if any,
should be taken to prevent or remedy the trade diversion or threat
thereof.
``(h) Presidential Action.--Within 20 days after receipt of the
recommendation from the Trade Representative, the President shall
determine what action to take to prevent or remedy the trade diversion
or threat thereof.
``(i) Duration of <<NOTE: Deadline.>> Action.--Action taken under
subsection (h) shall be terminated not later than 30 days after
expiration of the action taken by the WTO member or members involved
against imports from the People's Republic of China.
``( j) Review of Circumstances.--(1) The Commission shall review the
continued need for action taken under subsection (h) if the WTO member
or members involved notify the Committee on Safeguards of the WTO of any
modification in the action taken by them against the People's Republic
of China pursuant to consultation referred to in subsection
(a). <<NOTE: Deadline.>> The Commission shall, not later than 60 days
after such notification, determine whether a significant diversion of
trade continues to exist and report its determination to the President.
The President shall determine, within 15 days after receiving the
Commission's report, whether to modify, withdraw, or keep in place the
action taken under subsection (h).
``SEC. <<NOTE: 19 USC 2451b.>> 423. REGULATIONS; TERMINATION OF
PROVISION.
``(a) To Carry Out Restrictions and Monitoring.--The President shall
by regulation provide for the efficient and fair administration of any
restriction proclaimed pursuant to the subtitle and to provide for
effective monitoring of imports under section 422(a).
``(b) To Carry Out Agreements.--To carry out an agreement concluded
pursuant to consultations under section 421( j) or 422(e)(2), the
President is authorized to prescribe regulations governing the entry or
withdrawal from warehouse of articles covered by such agreement.
``(c) Termination Date.--This subtitle and any regulations issued
under this subtitle shall cease to be effective 12 years after the date
of entry into force of the Protocol of Accession of the People's
Republic of China to the WTO.''.
(b) Conforming Amendment.--The table of contents of the Trade Act of
1974 is amended--
(1) in the item relating to title IV, by striking the
following:
[[Page 114 STAT. 891]]
``CURRENTLY'';
(2) by inserting before the item relating to section 401 the
following:
``Chapter 1--Trade Relations With Certain Countries'';
and
(3) by adding after the item relating to section 409 the
following:
``Chapter 2--Relief From Market Disruption to Industries and Diversion
of Trade to the United States Market
``Sec. 421. Action to address market disruption.
``Sec. 422. Action in response to trade diversion.
``Sec. 423. Regulations; termination of provision.''.
SEC. 104. AMENDMENT TO SECTION 123 OF THE TRADE ACT OF 1974--
COMPENSATION AUTHORITY.
Section 123(a)(1) of the Trade Act of 1974 (19 U.S.C. 2133(a)(1)) is
amended by inserting after ``title III'' the following: ``, or under
chapter 2 of title IV of the Trade Act of 1974''.
DIVISION <<NOTE: U.S.-China Relations Act of 2000.>> B--UNITED STATES-
CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
SEC. <<NOTE: 22 USC 6901 note.>> 201. SHORT TITLE OF DIVISION; TABLE OF
CONTENTS OF DIVISION.
(a) Short Title of Division.--This division may be cited as the
``U.S.-China Relations Act of 2000''.
(b) Table of Contents of Division.--The table of contents of this
division is as follows:
DIVISION B--UNITED STATES-CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
Sec. 201. Short title of division; table of contents of division.
Sec. 202. Findings.
Sec. 203. Policy.
Sec. 204. Definitions.
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA
Sec. 301. Establishment of Congressional-Executive Commission on the
People's Republic of China.
Sec. 302. Functions of the Commission.
Sec. 303. Membership of the Commission.
Sec. 304. Votes of the Commission.
Sec. 305. Expenditure of appropriations.
Sec. 306. Testimony of witnesses, production of evidence; issuance of
subpoenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.
TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S
WTO COMMITMENTS
Subtitle A--Review of Membership of the People's Republic of China in
the WTO
Sec. 401. Review within the WTO.
Subtitle B--Authorization To Promote Compliance With Trade Agreements
Sec. 411. Findings.
[[Page 114 STAT. 892]]
Sec. 412. Purpose.
Sec. 413. Authorization of appropriations.
Subtitle C--Report on Compliance by the People's Republic of China With
WTO Obligations
Sec. 421. Report on compliance.
TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA
Subtitle A--Task Force on Prohibition of Importation of Products of
Forced or Prison Labor From the People's Republic of China
Sec. 501. Establishment of Task Force.
Sec. 502. Functions of Task Force.
Sec. 503. Composition of Task Force.
Sec. 504. Authorization of appropriations.
Sec. 505. Reports to Congress.
Subtitle B--Assistance To Develop Commercial and Labor Rule of Law
Sec. 511. Establishment of technical assistance and rule of law
programs.
Sec. 512. Administrative authorities.
Sec. 513. Prohibition relating to human rights abuses.
Sec. 514. Authorization of appropriations.
TITLE VI--ACCESSION OF TAIWAN TO THE WTO
Sec. 601. Accession of Taiwan to the WTO.
TITLE VII--RELATED ISSUES
Sec. 701. Authorizations of appropriations for broadcasting capital
improvements and international broadcasting operations.
SEC. <<NOTE: 22 USC 6901.>> 202. FINDINGS.
The Congress finds the following:
(1) In 1980, the United States opened trade relations with
the People's Republic of China by entering into a bilateral
trade agreement, which was approved by joint resolution enacted
pursuant to section 405(c) of the Trade Act of 1974.
(2) Since 1980, the President has consistently extended
nondiscriminatory treatment to products of the People's Republic
of China, pursuant to his authority under section 404 of the
Trade Act of 1974.
(3) Since 1980, the United States has entered into several
additional trade-related agreements with the People's Republic
of China, including a memorandum of understanding on market
access in 1992, two agreements on intellectual property rights
protection in 1992 and 1995, and an agreement on agricultural
cooperation in 1999.
(4) Trade in goods between the People's Republic of China
and the United States totaled almost $95,000,000,000 in 1999,
compared with approximately $18,000,000,000 in 1989,
representing growth of approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with the
People's Republic of China has grown from approximately
$6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth
of over 1,000 percent.
(6) The People's Republic of China currently restricts
imports through relatively high tariffs and nontariff barriers,
including import licensing, technology transfer, and local
content requirements.
(7) United States businesses attempting to sell goods to
markets in the People's Republic of China have complained of
uneven application of tariffs, customs procedures, and other
[[Page 114 STAT. 893]]
laws, rules, and administrative measures affecting their ability
to sell their products in the Chinese market.
(8) On November 15, 1999, the United States and the People's
Republic of China concluded a bilateral agreement concerning
terms of the People's Republic of China's eventual accession to
the World Trade Organization.
(9) The commitments that the People's Republic of China made
in its November 15, 1999, agreement with the United States
promise to eliminate or greatly reduce the principal barriers to
trade with and investment in the People's Republic of China, if
those commitments are effectively complied with and enforced.
(10) The record of the People's Republic of China in
implementing trade-related commitments has been mixed. While the
People's Republic of China has generally met the requirements of
the 1992 market access memorandum of understanding and the 1992
and 1995 agreements on intellectual property rights protection,
other measures remain in place or have been put into place which
tend to diminish the benefit to United States businesses,
farmers, and workers from the People's Republic of China's
implementation of those earlier commitments. Notably,
administration of tariff-rate quotas and other trade-related
laws remains opaque, new local content requirements have
proliferated, restrictions on importation of animal and plant
products are not always supported by sound science, and
licensing requirements for importation and distribution of goods
remain common. Finally, the Government of the People's Republic
of China has failed to cooperate with the United States Customs
Service in implementing a 1992 memorandum of understanding
prohibiting trade in products made by prison labor.
(11) The human rights record of the People's Republic of
China is a matter of very serious concern to the Congress. The
Congress notes that the Department of State's 1999 Country
Reports on Human Rights Practices for the People's Republic of
China finds that ``[t]he Government's poor human rights record
deteriorated markedly throughout the year, as the Government
intensified efforts to suppress dissent, particularly organized
dissent.''.
(12) The Congress deplores violations by the Government of
the People's Republic of China of human rights, religious
freedoms, and worker rights that are referred to in the
Department of State's 1999 Country Reports on Human Rights
Practices for the People's Republic of China, including the
banning of the Falun Gong spiritual movement, denial in many
cases, particularly politically sensitive ones, of effective
representation by counsel and public trials, extrajudicial
killings and torture, forced abortion and sterilization,
restriction of access to Tibet and Xinjiang, perpetuation of
``reeducation through labor'', denial of the right of workers to
organize labor unions or bargain collectively with their
employers, and failure to implement a 1992 memorandum of
understanding prohibiting trade in products made by prison
labor.
SEC. <<NOTE: 22 USC 6902.>> 203. POLICY.
It is the policy of the United States--
[[Page 114 STAT. 894]]
(1) to develop trade relations that broaden the benefits of
trade, and lead to a leveling up, rather than a leveling down,
of labor, environmental, commercial rule of law, market access,
anticorruption, and other standards across national borders;
(2) to pursue effective enforcement of trade-related and
other international commitments by foreign governments through
enforcement mechanisms of international organizations and
through the application of United States law as appropriate;
(3) to encourage foreign governments to conduct both
commercial and noncommercial affairs according to the rule of
law developed through democratic processes;
(4) to encourage the Government of the People's Republic of
China to afford its workers internationally recognized worker
rights;
(5) to encourage the Government of the People's Republic of
China to protect the human rights of people within the territory
of the People's Republic of China, and to take steps toward
protecting such rights, including, but not limited to--
(A) ratifying the International Covenant on Civil
and Political Rights;
(B) protecting the right to liberty of movement and
freedom to choose a residence within the People's
Republic of China and the right to leave from and return
to the People's Republic of China; and
(C) affording a criminal defendant--
(i) the right to be tried in his or her
presence, and to defend himself or herself in
person or through legal assistance of his or her
own choosing;
(ii) the right to be informed, if he or she
does not have legal assistance, of the right set
forth in clause (i);
(iii) the right to have legal assistance
assigned to him or her in any case in which the
interests of justice so require and without
payment by him or her in any such case if he or
she does not have sufficient means to pay for it;
(iv) the right to a fair and public hearing by
a competent, independent, and impartial tribunal
established by the law;
(v) the right to be presumed innocent until
proved guilty according to law; and
(vi) the right to be tried without undue
delay; and
(6) to highlight in the United Nations Human Rights
Commission and in other appropriate fora violations of human
rights by foreign governments and to seek the support of other
governments in urging improvements in human rights practices.
SEC. <<NOTE: 22 USC 6903.>> 204. DEFINITIONS.
In this division:
(1) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes
[[Page 114 STAT. 895]]
referred to in section 101(d)(16) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(16)).
(2) Government of the people's republic of china.--The term
``Government of the People's Republic of China'' means the
central Government of the People's Republic of China and any
other governmental entity, including any provincial,
prefectural, or local entity and any enterprise that is
controlled by the central Government or any such governmental
entity or as to which the central Government or any such
governmental entity is entitled to receive a majority of the
profits.
(3) Internationally recognized worker rights.--The term
``internationally recognized worker rights'' has the meaning
given that term in section 507(4) of the Trade Act of 1974 (19
U.S.C. 2467(4)) and includes the right to the elimination of the
``worst forms of child labor'', as defined in section 507(6) of
the Trade Act of 1974 (19 U.S.C. 2467(6)).
(4) Trade representative.--The term ``Trade Representative''
means the United States Trade Representative.
(5) WTO; world trade organization.--The terms ``WTO'' and
``World Trade Organization'' mean the organization established
pursuant to the WTO Agreement.
(6) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered into
on April 15, 1994.
(7) WTO member.--The term ``WTO member'' has the meaning
given that term in section 2(10) of the Uruguay Round Agreements
Act (19 U.S.C. 3501(10)).
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S
REPUBLIC OF CHINA
SEC. <<NOTE: 22 USC 6911.>> 301. ESTABLISHMENT OF CONGRESSIONAL-
EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA.
There is established a Congressional-Executive Commission on the
People's Republic of China (in this title referred to as the
``Commission'').
SEC. <<NOTE: 22 USC 6912.>> 302. FUNCTIONS OF THE COMMISSION.
(a) Monitoring Compliance With Human Rights.--The Commission shall
monitor the acts of the People's Republic of China which reflect
compliance with or violation of human rights, in particular, those
contained in the International Covenant on Civil and Political Rights
and in the Universal Declaration of Human Rights, including, but not
limited to, effectively affording--
(1) the right to engage in free expression without fear of
any prior restraints;
(2) the right to peaceful assembly without restrictions, in
accordance with international law;
(3) religious freedom, including the right to worship free
of involvement of and interference by the government;
(4) the right to liberty of movement and freedom to choose a
residence within the People's Republic of China and the right to
leave from and return to the People's Republic of China;
[[Page 114 STAT. 896]]
(5) the right of a criminal defendant--
(A) to be tried in his or her presence, and to
defend himself or herself in person or through legal
assistance of his or her own choosing;
(B) to be informed, if he or she does not have legal
assistance, of the right set forth in subparagraph (A);
(C) to have legal assistance assigned to him or her
in any case in which the interests of justice so require
and without payment by him or her in any such case if he
or she does not have sufficient means to pay for it;
(D) to a fair and public hearing by a competent,
independent, and impartial tribunal established by the
law;
(E) to be presumed innocent until proved guilty
according to law; and
(F) to be tried without undue delay;
(6) the right to be free from torture and other forms of
cruel or unusual punishment;
(7) protection of internationally recognized worker rights;
(8) freedom from incarceration as punishment for political
opposition to the government;
(9) freedom from incarceration as punishment for exercising
or advocating human rights (including those described in this
section);
(10) freedom from arbitrary arrest, detention, or exile;
(11) the right to fair and public hearings by an independent
tribunal for the determination of a citizen's rights and
obligations; and
(12) free choice of employment.
(b) Victims Lists.--The Commission shall compile and maintain lists
of persons believed to be imprisoned, detained, or placed under house
arrest, tortured, or otherwise persecuted by the Government of the
People's Republic of China due to their pursuit of the rights described
in subsection (a). In compiling such lists, the Commission shall
exercise appropriate discretion, including concerns regarding the safety
and security of, and benefit to, the persons who may be included on the
lists and their families.
(c) Monitoring Development of Rule of Law.--The Commission shall
monitor the development of the rule of law in the People's Republic of
China, including, but not limited to--
(1) progress toward the development of institutions of
democratic governance;
(2) processes by which statutes, regulations, rules, and
other legal acts of the Government of the People's Republic of
China are developed and become binding within the People's
Republic of China;
(3) the extent to which statutes, regulations, rules,
administrative and judicial decisions, and other legal acts of
the Government of the People's Republic of China are published
and are made accessible to the public;
(4) the extent to which administrative and judicial
decisions are supported by statements of reasons that are based
upon written statutes, regulations, rules, and other legal acts
of the Government of the People's Republic of China;
(5) the extent to which individuals are treated equally
under the laws of the of the People's Republic of China without
regard to citizenship;
[[Page 114 STAT. 897]]
(6) the extent to which administrative and judicial
decisions are independent of political pressure or governmental
interference and are reviewed by entities of appellate
jurisdiction; and
(7) the extent to which laws in the People's Republic of
China are written and administered in ways that are consistent
with international human rights standards, including the
requirements of the International Covenant on Civil and
Political Rights.
(d) Bilateral Cooperation.--The Commission shall monitor and
encourage the development of programs and activities of the United
States Government and private organizations with a view toward
increasing the interchange of people and ideas between the United States
and the People's Republic of China and expanding cooperation in areas
that include, but are not limited to--
(1) increasing enforcement of human rights described in
subsection (a); and
(2) developing the rule of law in the People's Republic of
China.
(e) Contacts With Nongovernmental Organizations.--In performing the
functions described in subsections (a) through (d), the Commission
shall, as appropriate, seek out and maintain contacts with
nongovernmental organizations, including receiving reports and updates
from such organizations and evaluating such reports.
(f ) Cooperation With Special Coordinator.--In performing the
functions described in subsections (a) through (d), the Commission shall
cooperate with the Special Coordinator for Tibetan Issues in the
Department of State.
(g) Annual <<NOTE: Deadline.>> Reports.--The Commission shall issue
a report to the President and the Congress not later than 12 months
after the date of the enactment of this Act, and not later than the end
of each 12-month period thereafter, setting forth the findings of the
Commission during the preceding 12-month period, in carrying out
subsections (a) through (c). The Commission's report may contain
recommendations for legislative or executive action.
(h) Specific Information in Annual Reports.--The Commission's report
under subsection (g) shall include specific information as to the nature
and implementation of laws or policies concerning the rights set forth
in paragraphs (1) through (12) of subsection (a), and as to restrictions
applied to or discrimination against persons exercising any of the
rights set forth in such paragraphs.
(i) Congressional Hearings on Annual <<NOTE: Deadline.>> Reports.--
(1) The Committee on International Relations of the House of
Representatives shall, not later than 30 days after the receipt by the
Congress of the report referred to in subsection (g), hold hearings on
the contents of the report, including any recommendations contained
therein, for the purpose of receiving testimony from Members of
Congress, and such appropriate representatives of Federal departments
and agencies, and interested persons and groups, as the committee deems
advisable, with a view to reporting to the House of Representatives any
appropriate legislation in furtherance of such
recommendations. <<NOTE: Deadline.>> If any such legislation is
considered by the Committee on International Relations within 45 days
after receipt by the Congress of the report referred to in subsection
(g), it shall be reported by the committee not later than 60 days after
receipt by the Congress of such report.
[[Page 114 STAT. 898]]
(2) The provisions of paragraph (1) are enacted by the Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such are deemed a part of the rules of
the House, and they supersede other rules only to the extent
that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of the
House to change the rules (so far as relating to the procedure
of the House) at any time, in the same manner and to the same
extent as in the case of any other rule of the House.
( j) Supplemental Reports.--The Commission may submit to the
President and the Congress reports that supplement the reports described
in subsection (g), as appropriate, in carrying out subsections (a)
through (c).
SEC. <<NOTE: 22 USC 6913.>> 303. MEMBERSHIP OF THE COMMISSION.
(a) Selection and Appointment of Members.--The Commission shall be
composed of 23 members as follows:
(1) Nine Members of the House of Representatives appointed
by the Speaker of the House of Representatives. Five members
shall be selected from the majority party and four members shall
be selected, after consultation with the minority leader of the
House, from the minority party.
(2) Nine Members of the Senate appointed by the President of
the Senate. Five members shall be selected, after consultation
with the majority leader of the Senate, from the majority party,
and four members shall be selected, after consultation with the
minority leader of the Senate, from the minority party.
(3) One representative of the Department of State, appointed
by the President of the United States from among officers and
employees of that Department.
(4) One representative of the Department of Commerce,
appointed by the President of the United States from among
officers and employees of that Department.
(5) One representative of the Department of Labor, appointed
by the President of the United States from among officers and
employees of that Department.
(6) Two at-large representatives, appointed by the President
of the United States, from among the officers and employees of
the executive branch.
(b) Chairman and Cochairman.--
(1) Designation of chairman.--At the beginning of each odd-
numbered Congress, the President of the Senate, on the
recommendation of the majority leader, shall designate one of
the members of the Commission from the Senate as Chairman of the
Commission. At the beginning of each even-numbered Congress, the
Speaker of the House of Representatives shall designate one of
the members of the Commission from the House as Chairman of the
Commission.
(2) Designation of cochairman.--At the beginning of each
odd-numbered Congress, the Speaker of the House of
Representatives shall designate one of the members of the
Commission from the House as Cochairman of the Commission. At
the beginning of each even-numbered Congress, the President of
the Senate, on the recommendation of the majority leader, shall
designate one of the members of the Commission from the Senate
as Cochairman of the Commission.
[[Page 114 STAT. 899]]
SEC. <<NOTE: 22 USC 6914.>> 304. VOTES OF THE COMMISSION.
Decisions of the Commission, including adoption of reports and
recommendations to the executive branch or to the Congress, shall be
made by a majority vote of the members of the Commission present and
voting. Two-thirds of the Members of the Commission shall constitute a
quorum for purposes of conducting business.
SEC. <<NOTE: 22 USC 6915.>> 305. EXPENDITURE OF APPROPRIATIONS.
For each fiscal year for which an appropriation is made to the
Commission, the Commission shall issue a report to the Congress on its
expenditures under that appropriation.
SEC. <<NOTE: 22 USC 6916.>> 306. TESTIMONY OF WITNESSES, PRODUCTION OF
EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS.
In carrying out this title, the Commission may require, by subpoena
or otherwise, the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memoranda, papers,
documents, and electronically recorded data as it considers necessary.
Subpoenas may be issued only pursuant to a two-thirds vote of members of
the Commission present and voting. Subpoenas may be issued over the
signature of the Chairman of the Commission or any member designated by
the Chairman, and may be served by any person designated by the Chairman
or such member. The Chairman of the Commission, or any member designated
by the Chairman, may administer oaths to any witness.
SEC. <<NOTE: 22 USC 6917.>> 307. APPROPRIATIONS FOR THE COMMISSION.
(a) Authorization; Disbursements.--
(1) Authorization.--There are authorized to be appropriated
to the Commission for fiscal year 2001, and each fiscal year
thereafter, such sums as may be necessary to enable it to carry
out its functions. Appropriations to the Commission are
authorized to remain available until expended.
(2) Disbursements.--Appropriations to the Commission shall
be disbursed on vouchers approved--
(A) jointly by the Chairman and the Cochairman; or
(B) by a majority of the members of the personnel
and administration committee established pursuant to
section 308.
(b) Foreign Travel for Official Purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairman or the Cochairman.
SEC. <<NOTE: 22 USC 6918.>> 308. STAFF OF THE COMMISSION.
(a) Personnel and Administration Committee.--The Commission shall
have a personnel and administration committee composed of the Chairman,
the Cochairman, the senior member of the Commission from the minority
party of the House of Representatives, and the senior member of the
Commission from the minority party of the Senate.
(b) Committee Functions.--All decisions pertaining to the hiring,
firing, and fixing of pay of personnel of the Commission shall be by a
majority vote of the personnel and administration committee, except
that--
(1) the Chairman shall be entitled to appoint and fix the
pay of the staff director, and the Cochairman shall be entitled
to appoint and fix the pay of the Cochairman's senior staff
member; and
[[Page 114 STAT. 900]]
(2) the Chairman and Cochairman shall each have the
authority to appoint, with the approval of the personnel and
administration committee, at least four professional staff
members who shall be responsible to the Chairman or the
Cochairman (as the case may be) who appointed them.
Subject to subsection (d), the personnel and administration committee
may appoint and fix the pay of such other personnel as it considers
desirable.
(c) Staff Appointments.--All staff appointments shall be made
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and general schedule pay rates.
(d) Qualifications of Professional Staff.--The personnel and
administration committee shall ensure that the professional staff of the
Commission consists of persons with expertise in areas including human
rights, internationally recognized worker rights, international
economics, law (including international law), rule of law and other
foreign assistance programming, Chinese politics, economy and culture,
and the Chinese language.
(e) Commission Employees as Congressional Employees.--
(1) In general.--For purposes of pay and other employment
benefits, rights, and privileges, and for all other purposes,
any employee of the Commission shall be considered to be a
congressional employee as defined in section 2107 of title 5,
United States Code.
(2) Competitive status.--For purposes of section 3304(c)(1)
of title 5, United States Code, employees of the Commission
shall be considered as if they are in positions in which they
are paid by the Secretary of the Senate or the Clerk of the
House of Representatives.
SEC. <<NOTE: 22 USC 6919.>> 309. PRINTING AND BINDING COSTS.
For purposes of costs relating to printing and binding, including
the costs of personnel detailed from the Government Printing Office, the
Commission shall be deemed to be a committee of the Congress.
TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S
WTO COMMITMENTS
Subtitle A--Review of Membership of the People's Republic of China in
the WTO
SEC. <<NOTE: 22 USC 6931.>> 401. REVIEW WITHIN THE WTO.
It shall be the objective of the United States to obtain as part of
the Protocol of Accession of the People's Republic of China to the WTO,
an annual review within the WTO of the compliance by the People's
Republic of China with its terms of accession to the WTO.
[[Page 114 STAT. 901]]
Subtitle B--Authorization To Promote Compliance With Trade Agreements
SEC. <<NOTE: 22 USC 6941.>> 411. FINDINGS.
The Congress finds as follows:
(1) The opening of world markets through the elimination of
tariff and nontariff barriers has contributed to a 56-percent
increase in exports of United States goods and services since
1992.
(2) Such export expansion, along with an increase in trade
generally, has helped fuel the longest economic expansion in
United States history.
(3) The United States Government must continue to be
vigilant in monitoring and enforcing the compliance by our
trading partners with trade agreements in order for United
States businesses, workers, and farmers to continue to benefit
from the opportunities created by market-opening trade
agreements.
(4) The People's Republic of China, as part of its accession
to the World Trade Organization, has committed to eliminating
significant trade barriers in the agricultural, services, and
manufacturing sectors that, if realized, would provide
considerable opportunities for United States farmers,
businesses, and workers.
(5) For these opportunities to be fully realized, the United
States Government must effectively monitor and enforce its
rights under the agreements on the accession of the People's
Republic of China to the WTO.
SEC. <<NOTE: 22 USC 6942.>> 412. PURPOSE.
The purpose of this subtitle is to authorize additional resources
for the agencies and departments engaged in monitoring and enforcement
of United States trade agreements and trade laws with respect to the
People's Republic of China.
SEC. <<NOTE: 22 USC 6943.>> 413. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--There is authorized to be appropriated
to the Department of Commerce, in addition to amounts otherwise
available for such purposes, such sums as may be necessary for fiscal
year 2001, and each fiscal year thereafter, for additional staff for--
(1) monitoring compliance by the People's Republic of China
with its commitments under the WTO, assisting United States
negotiators with ongoing negotiations in the WTO, and defending
United States antidumping and countervailing duty measures with
respect to products of the People's Republic of China;
(2) enforcement of United States trade laws with respect to
products of the People's Republic of China; and
(3) a Trade Law Technical Assistance Center to assist small-
and medium-sized businesses, workers, and unions in evaluating
potential remedies available under the trade laws of the United
States with respect to trade involving the People's Republic of
China.
(b) Overseas Compliance Program.--
[[Page 114 STAT. 902]]
(1) Authorization of appropriation.--There are authorized to
be appropriated to the Department of Commerce and the Department
of State, in addition to amounts otherwise available, such sums
as may be necessary for fiscal year 2001, and each fiscal year
thereafter, to provide staff for monitoring in the People's
Republic of China that country's compliance with its
international trade obligations and to support the enforcement
of the trade laws of the United States, as part of an Overseas
Compliance Program which monitors abroad compliance with
international trade obligations and supports the enforcement of
United States trade laws.
(2) Reporting.--The annual report on compliance by the
People's Republic of China submitted to the Congress under
section 421 of this Act shall include the findings of the
Overseas Compliance Program with respect to the People's
Republic of China.
(c) United States Trade Representative.--There are authorized to be
appropriated to the Office of the United States Trade Representative, in
addition to amounts otherwise available for such purposes, such sums as
may be necessary for fiscal year 2001, and each fiscal year thereafter,
for additional staff in--
(1) the Office of the General Counsel, the Monitoring and
Enforcement Unit, and the Office of the Deputy United States
Trade Representative in Geneva, Switzerland, to investigate,
prosecute, and defend cases before the WTO, and to administer
United States trade laws, including title III of the Trade Act
of 1974 (19 U.S.C. 2411 et seq.) and other trade laws relating
to intellectual property, government procurement, and
telecommunications, with respect to the People's Republic of
China;
(2) the Office of Economic Affairs, to analyze the impact on
the economy of the United States, including United States
exports, of acts of the Government of the People's Republic of
China affecting access to markets in the People's Republic of
China and to support the Office of the General Counsel in
presenting cases to the WTO involving the People's Republic of
China;
(3) the geographic office for the People's Republic of
China; and
(4) offices relating to the WTO and to different sectors of
the economy, including agriculture, industry, services, and
intellectual property rights protection, to monitor and enforce
the trade agreement obligations of the People's Republic of
China in those sectors.
(d) Department of Agriculture.--There are authorized to be
appropriated to the Department of Agriculture, in addition to amounts
otherwise available for such purposes, such sums as may be necessary for
fiscal year 2001, and each fiscal year thereafter, for additional staff
to increase legal and technical expertise in areas covered by trade
agreements and United States trade law, including food safety and
biotechnology, for purposes of monitoring compliance by the People's
Republic of China with its trade agreement obligations.
[[Page 114 STAT. 903]]
Subtitle C--Report on Compliance by the People's Republic of China With
WTO Obligations
SEC. <<NOTE: 22 USC 6951.>> 421. REPORT ON COMPLIANCE.
(a) In <<NOTE: Deadline.>> General.--Not later than 1 year after
the entry into force of the Protocol of Accession of the People's
Republic of China to the WTO, and annually thereafter, the Trade
Representative shall submit a report to Congress on compliance by the
People's Republic of China with commitments made in connection with its
accession to the World Trade Organization, including both multilateral
commitments and any bilateral commitments made to the United States.
(b) <<NOTE: Federal Register, publication.>> Public
Participation.--In preparing the report described in subsection (a), the
Trade Representative shall seek public participation by publishing a
notice in the Federal Register and holding a public hearing.
TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA
Subtitle A--Task Force on Prohibition of Importation of Products of
Forced or Prison Labor From the People's Republic of China
SEC. <<NOTE: 22 USC 6961.>> 501. ESTABLISHMENT OF TASK FORCE.
There is hereby established a task force on prohibition of
importation of products of forced or prison labor from the People's
Republic of China (hereafter in this subtitle referred to as the ``Task
Force'').
SEC. <<NOTE: 22 USC 6962.>> 502. FUNCTIONS OF TASK FORCE.
The Task Force shall monitor and promote effective enforcement of
and compliance with section 307 of the Tariff Act of 1930 (19 U.S.C.
1307) by performing the following functions:
(1) Coordinate closely with the United States Customs
Service to promote maximum effectiveness in the enforcement by
the Customs Service of section 307 of the Tariff Act of 1930
with respect to the products of the People's Republic of China.
In order to assure such coordination, the Customs Service shall
keep the Task Force informed, on a regular basis, of the
progress of its investigations of allegations that goods are
being entered into the United States, or that such entry is
being attempted, in violation of the prohibition in section 307
of the Tariff Act of 1930 on entry into the United States of
goods mined, produced, or manufactured wholly or in part in the
People's Republic of China by convict labor, forced labor, or
indentured labor under penal sanctions. Such investigations may
include visits to foreign sites where goods allegedly are
[[Page 114 STAT. 904]]
being mined, produced, or manufactured in a manner that would
lead to prohibition of their importation into the United States
under section 307 of the Tariff Act of 1930.
(2) Make recommendations to the Customs Service on seeking
new agreements with the People's Republic of China to allow
Customs Service officials to visit sites where goods may be
mined, produced, or manufactured by convict labor, forced labor,
or indentured labor under penal sanctions.
(3) Work with the Customs Service to assist the People's
Republic of China and other foreign governments in monitoring
the sale of goods mined, produced, or manufactured by convict
labor, forced labor, or indentured labor under penal sanctions
to ensure that such goods are not exported to the United States.
(4) Coordinate closely with the Customs Service to promote
maximum effectiveness in the enforcement by the Customs Service
of section 307 of the Tariff Act of 1930 with respect to the
products of the People's Republic of China. In order to assure
such coordination, the Customs Service shall keep the Task Force
informed, on a regular basis, of the progress of its monitoring
of ports of the United States to ensure that goods mined,
produced, or manufactured wholly or in part in the People's
Republic of China by convict labor, forced labor, or indentured
labor under penal sanctions are not imported into the United
States.
(5) Advise the Customs Service in performing such other
functions, consistent with existing authority, to ensure the
effective enforcement of section 307 of the Tariff Act of 1930.
(6) Provide to the Customs Service all information obtained
by the departments represented on the Task Force relating to the
use of convict labor, forced labor, or/and indentured labor
under penal sanctions in the mining, production, or manufacture
of goods which may be imported into the United States.
SEC. <<NOTE: 22 USC 6963.>> 503. COMPOSITION OF TASK FORCE.
The Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, the Secretary of State, the Commissioner of Customs,
and the heads of other executive branch agencies, as appropriate, acting
through their respective designees at or above the level of Deputy
Assistant Secretary, or in the case of the Customs Service, at or above
the level of Assistant Commissioner, shall compose the Task Force. The
designee of the Secretary of the Treasury shall chair the Task Force.
SEC. <<NOTE: 22 USC 6964.>> 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2001, and
each fiscal year thereafter, such sums as may be necessary for the Task
Force to carry out the functions described in section 502.
SEC. <<NOTE: 22 USC 6965.>> 505. REPORTS TO CONGRESS.
(a) Frequency of <<NOTE: Deadline.>> Reports.--Not later than the
date that is 1 year after the date of the enactment of this Act, and not
later than the end of each 1-year period thereafter, the Task Force
shall submit to the Congress a report on the work of the Task Force
during the preceding 1-year period.
(b) Contents of Reports.--Each report under subsection (a) shall set
forth, at a minimum--
[[Page 114 STAT. 905]]
(1) the number of allegations of violations of section 307
of the Tariff Act of 1930 with respect to products of the
Peoples' Republic of China that were investigated during the
preceding 1-year period;
(2) the number of actual violations of section 307 of the
Tariff Act of 1930 with respect to the products of the People's
Republic of China that were discovered during the preceding 1-
year period;
(3) in the case of each attempted entry of products of the
People's Republic of China in violation of such section 307
discovered during the preceding 1-year period--
(A) the identity of the exporter of the goods;
(B) the identity of the person or persons who
attempted to sell the goods for export; and
(C) the identity of all parties involved in
transshipment of the goods; and
(4) such other information as the Task Force considers
useful in monitoring and enforcing compliance with section 307
of the Tariff Act of 1930.
Subtitle B--Assistance To Develop Commercial and Labor Rule of Law
SEC. <<NOTE: 22 USC 6981.>> 511. ESTABLISHMENT OF TECHNICAL ASSISTANCE
AND RULE OF LAW PROGRAMS.
(a) Commerce Rule of Law Program.--The Secretary of Commerce, in
consultation with the Secretary of State, 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.
(b) Labor Rule of Law Program.--
(1) In general.--The Secretary of Labor, in consultation
with the Secretary of State, is authorized to establish a
program to conduct rule of law training and technical assistance
related to the protection of internationally recognized worker
rights in the People's Republic of China.
(2) Use of amounts.--In carrying out paragraph (1), the
Secretary of Labor shall focus on activities including, but not
limited to--
(A) developing, laws, regulations, and other
measures to implement internationally recognized worker
rights;
(B) establishing national mechanisms for the
enforcement of national labor laws and regulations;
(C) training government officials concerned with
implementation and enforcement of national labor laws
and regulations; and
(D) developing an educational infrastructure to
educate workers about their legal rights and protections
under national labor laws and regulations.
(3) Limitation.--The Secretary of Labor may not provide
assistance under the program established under this subsection
to the All-China Federation of Trade Unions.
(c) Legal System and Civil Society Rule of Law Program.--The
Secretary of State is authorized to establish a program to conduct rule
of law training and technical assistance related to
[[Page 114 STAT. 906]]
development of the legal system and civil society generally in the
People's Republic of China.
(d) 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. <<NOTE: 22 USC 6982.>> 512. ADMINISTRATIVE AUTHORITIES.
In carrying out the programs authorized by section 511, the
Secretary of Commerce and the Secretary of Labor (in consultation with
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. <<NOTE: 22 USC 6983.>> 513. PROHIBITION RELATING TO HUMAN RIGHTS
ABUSES.
Amounts made available to carry out this subtitle 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. <<NOTE: 22 USC 6984.>> 514. 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 511(a) such sums as may be necessary for fiscal year 2001, and
each fiscal year thereafter.
(b) Labor Law Program.--There are authorized to be appropriated to
the Secretary of Labor to carry out the program described in section
511(b) such sums as may be necessary for fiscal year 2001, and each
fiscal year thereafter.
(c) Legal System and Civil Society Rule of Law Program.--There are
authorized to be appropriated to the Secretary of State to carry out the
program described in section 511(c) such sums as may be necessary for
fiscal year 2001, and each fiscal year thereafter.
(d) Construction With Other Laws.--Except as provided in this
division, funds may be made available to carry out the purposes of this
subtitle notwithstanding any other provision of law.
TITLE VI--ACCESSION OF TAIWAN TO THE WTO
SEC. <<NOTE: 22 USC 6991.>> 601. ACCESSION OF TAIWAN TO THE WTO.
It is the sense of the Congress that--
(1) immediately upon approval by the General Council of the
WTO of the terms and conditions of the accession of the People's
Republic of China to the WTO, the United States representative
to the WTO should request that the General Council of the WTO
consider Taiwan's accession to the WTO
[[Page 114 STAT. 907]]
as the next order of business of the Council during the same
session; and
(2) the United States should be prepared to aggressively
counter any effort by any WTO member, upon the approval of the
General Council of the WTO of the terms and conditions of the
accession of the People's Republic of China to the WTO, to block
the accession of Taiwan to the WTO.
TITLE VII--RELATED ISSUES
SEC. <<NOTE: 22 USC 7001.>> 701. AUTHORIZATIONS OF APPROPRIATIONS FOR
BROADCASTING CAPITAL IMPROVEMENTS AND INTERNATIONAL
BROADCASTING OPERATIONS.
(a) Broadcasting Capital Improvements.--In addition to such sums as
may otherwise be authorized to be appropriated, there are authorized to
be appropriated for ``Department of State and Related Agency, Related
Agency, Broadcasting Board of Governors, Broadcasting Capital
Improvements'' $65,000,000 for the fiscal year 2001.
(b) International Broadcasting Operations.--
(1) Authorization of appropriations.--In addition to such
sums as are otherwise authorized to be appropriated, there are
authorized to be appropriated $34,000,000 for each of the fiscal
years 2001 and 2002 for ``Department of State and Related
Agency, Related Agency, Broadcasting Board of Governors,
International Broadcasting Operations'' for the purposes under
paragraph (2).
(2) Uses of funds.--In addition to other authorized
purposes, funds appropriated pursuant to paragraph (1) shall be
used for the following:
(A) To increase personnel for the program
development office to enhance marketing programming in
the People's Republic of China and neighboring
countries.
(B) To enable Radio Free Asia's expansion of news
research, production, call-in show capability, and web
site/Internet enhancement for the People's Republic of
China and neighboring countries.
[[Page 114 STAT. 908]]
(C) VOA enhancements, including the opening of new
news bureaus in Taipei and Shanghai, enhancement of TV
Mandarin, and an increase of stringer presence abroad.
Approved October 10, 2000.
LEGISLATIVE HISTORY--H.R. 4444 (S. 2277):
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HOUSE REPORTS: No. 106-632 (Comm. on Ways and Means).
SENATE REPORTS: No. 106-305 accompanying S. 2277 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 23, 24, considered and passed House.
Sept. 7, 8, 11-15, 19, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 10, Presidential remarks.
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