[House Report 106-636]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-636
======================================================================
PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 4444, A BILL TO
AUTHORIZE THE EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS TREATMENT) TO THE PEOPLE'S REPUBLIC OF CHINA
_______
May 23, 2000.--Referred to the House Calendar and ordered to be printed
_______
Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 510]
The Committee on Rules, having had under consideration
House Resolution 510, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
summary of provisions of resolution
The resolution provides for the further consideration of
H.R. 4444, a Bill to Authorize Extension of Nondiscriminatory
Treatment (Normal Trade Relations Treatment) to the People's
Republic of China, under a closed rule. The rule provides three
hours of debate in the House equally divided among and
controlled by the chairman and ranking minority member of the
Committee on Ways and Means. Representative Stark of California
or his designee, and Representative Rohrabacher of California
or his designee.
The rule provides that, in lieu of the committee amendment
in the nature of a substitute recommended by the Committee on
Ways and Means, the amendment in the nature of a substitute
printed in this report shall be considered as adopted. Finally,
the rule provides one motion to recommit with or without
instructions.
summary of amendment considered as adopted upon adoption of the rule
The amendment in the nature of a substitute includes the
text of H.R. 4444 as reported by the Committee on Ways and
Means with the following additions:
establishes a Congressional-Executive
Commission on China to focus throughout the year on
monitoring human rights in China, including
internationally recognized core labor standards and
religious freedoms, and the development of rule-of-law
and democracy-building in China;
requires an annual USTR report and an annual
WTO review on China's compliance with WTO obligations;
establishes a task force on the prohibition
of the importance of products of forced or prison
labor;
devotes additional resources for monitoring
and enforcing China's compliance with trade agreements;
devotes additional resources to provide
training and technical assistance to develop the rule
of law in commercial and labor markets and democracy-
building in China;
expresses the sense of Congress that the WTO
General Council should approve both the PRC's accession
and Taiwan's accession at the same General Council
session; and
expands and enhances U.S. International
Broadcasting Operations throughout China and
surrounding countries by authorizing additional
appropriations for Radio Free Asia and Voice of
America.
text of amendment considered as adopted upon adoption of the rule
Strike all after the enacting clause and insert the
following:
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 103(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'';
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. 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 of 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).
``(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) 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 1 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).
``(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
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
``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 B--UNITED STATES-CHINA RELATIONS
TITLE II--GENERAL PROVISIONS
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``U.S.-
China Relations Act of 2000''.
(b) Table of Contents.--The table of contents of this
division is as follows:
TITLE II--GENERAL PROVISIONS
Sec. 201. Short title; table of contents.
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.
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. 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, 2 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.
In this division:
(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 4
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) USTR.--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
one 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 People's 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 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.
Amend the title so as to read: ``A bill 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.''.