--H.R.4444--
H.R.4444
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
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.
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. 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. 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 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. 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';
(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. 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 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) 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 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.
`(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 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).
`(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) 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 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.
`(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) 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
`(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 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) 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 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 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 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) 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) 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. 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) 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.
`(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, 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) 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 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).
`(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 industry, its workers and the
communities where production facilities of such industry are located,
and on other domestic industries.
`(C) 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 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 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). 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. 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:
`CURRENTLY';
(2) by inserting before the item relating to section 401 the
following:
`Chapter 1--Trade Relations With Certain Countries';
(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 B--UNITED STATES-CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
SEC. 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.
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. 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. 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 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. 203. POLICY.
It is the policy of the United States--
(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. 204. DEFINITIONS.
(1) DISPUTE SETTLEMENT UNDERSTANDING- The term `Dispute Settlement
Understanding' means the Understanding on Rules and Procedures Governing the
Settlement of Disputes 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. 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. 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;
(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;
(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 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 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. 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.
(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. 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.
SEC. 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. 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. 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. 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. 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
(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. 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. 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.
Subtitle B--Authorization To Promote Compliance With Trade
Agreements
SEC. 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. 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. 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-
(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.
Subtitle C--Report on Compliance by the People's Republic of China With
WTO Obligations
SEC. 421. REPORT ON COMPLIANCE.
(a) IN 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) 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. 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. 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 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. 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. 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. 505. REPORTS TO CONGRESS.
(a) FREQUENCY OF 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--
(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. 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 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. 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. 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. 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. 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 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. 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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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