Text: H.R.4444 — 106th Congress (1999-2000)All Bill Information (Except Text)

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Public Law No: 106-286 (10/10/2000)

 
[106th Congress Public Law 286]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ286.106]


[[Page 879]]

        NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

[[Page 114 STAT. 880]]

Public Law 106-286
106th Congress

                                 An Act


 
  To authorize extension of nondiscriminatory treatment (normal trade 
relations treatment) to the People's Republic of China, and to establish 
  a framework for relations between the United States and the People's 
       Republic of China. <<NOTE: Oct. 10, 2000 -  [H.R. 4444]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
            CONTENTS.

    (a) Divisions.--This Act is organized into two divisions as follows:
            (1) Division A--Normal trade relations for the People's 
        Republic of China.
            (2) Division B--United States-China Relations.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Organization of Act into divisions; table of contents.

  DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                     TITLE I--NORMAL TRADE RELATIONS

Sec. 101. Termination of application of chapter 1 of title IV of the 
           Trade Act of 1974 to the People's Republic of China.
Sec. 102. Effective date.
Sec. 103. Relief from market disruption.
Sec. 104. Amendment to section 123 of the Trade Act of 1974-compensation 

           authority.

                DIVISION B--UNITED STATES-CHINA RELATIONS

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Short title of division; table of contents of division.
Sec. 202. Findings.
Sec. 203. Policy.
Sec. 204. Definitions.

 TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC 
                                OF CHINA

Sec. 301. Establishment of Congressional-Executive Commission on the 
           People's Republic of China.
Sec. 302. Functions of the Commission.
Sec. 303. Membership of the Commission.
Sec. 304. Votes of the Commission.
Sec. 305. Expenditure of appropriations.
Sec. 306. Testimony of witnesses, production of evidence; issuance of 
           subpoenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.

[[Page 114 STAT. 881]]

TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S 
                             WTO COMMITMENTS

 Subtitle A--Review of Membership of the People's Republic of China in 
                                 the WTO

Sec. 401. Review within the WTO.

  Subtitle B--Authorization To Promote Compliance With Trade Agreements

Sec. 411. Findings.
Sec. 412. Purpose.
Sec. 413. Authorization of appropriations.

Subtitle C--Report on Compliance by the People's Republic of China With 
                             WTO Obligations

Sec. 421. Report on compliance.

 TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

  Subtitle A--Task Force on Prohibition of Importation of Products of 
       Forced or Prison Labor From the People's Republic of China

Sec. 501. Establishment of Task Force.
Sec. 502. Functions of Task Force.
Sec. 503. Composition of Task Force.
Sec. 504. Authorization of appropriations.
Sec. 505. Reports to Congress.

   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

Sec. 511. Establishment of technical assistance and rule of law 
           programs.
Sec. 512. Administrative authorities.
Sec. 513. Prohibition relating to human rights abuses.
Sec. 514. Authorization of appropriations.

                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

Sec. 601. Accession of Taiwan to the WTO.

                        TITLE VII--RELATED ISSUES

Sec. 701. Authorizations of appropriations for broadcasting capital 
           improvements and international broadcasting operations.

  DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                     TITLE I--NORMAL TRADE RELATIONS

SEC. 101. <<NOTE: 19 USC 2431 note.>>  TERMINATION OF APPLICATION OF 
            CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE 
            PEOPLE'S REPUBLIC OF CHINA.

    (a) Presidential Determinations and Extension of Nondiscriminatory 
Treatment.--Notwithstanding any provision of chapter 1 of title IV of 
the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section 
3(a)(2) of this Act, the President may--
            (1) determine that such chapter should no longer apply to 
        the People's Republic of China; and
            (2) after making a determination under paragraph (1) with 
        respect to the People's Republic of China, proclaim the 
        extension of nondiscriminatory treatment (normal trade relations 
        treatment) to the products of that country.

    (b) Accession of the People's Republic of China to the World Trade 
Organization.--Prior to making the determination

[[Page 114 STAT. 882]]

provided for in subsection (a)(1) and pursuant to the provisions of 
section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the 
President shall transmit a report to Congress certifying that the terms 
and conditions for the accession of the People's Republic of China to 
the World Trade Organization are at least equivalent to those agreed 
between the United States and the People's Republic of China on November 
15, 1999.

SEC. <<NOTE: 19 USC 2431 note.>>  102. EFFECTIVE DATE.

    (a) Effective Date of Nondiscriminatory Treatment.--The extension of 
nondiscriminatory treatment pursuant to section 101(a) shall be 
effective no earlier than the effective date of the accession of the 
People's Republic of China to the World Trade Organization.
    (b) Termination of Applicability of Title IV.--On and after the 
effective date under subsection (a) of the extension of 
nondiscriminatory treatment to the products of the People's Republic of 
China, chapter 1 of title IV of the Trade Act of 1974 (as designated by 
section 103(a)(2) of this Act) shall cease to apply to that country.

SEC. 103. RELIEF FROM MARKET DISRUPTION.

    (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 
et seq.) is amended--
            (1) in the title heading, by striking ``CURRENTLY'';
            (2) by inserting before section 401 the following:

         ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES'';

        and
            (3) by adding at the end the following new chapter:

 ``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION 
                  OF TRADE TO THE UNITED STATES MARKET

``SEC. <<NOTE: 19 USC 2451.>>  421. ACTION TO ADDRESS MARKET DISRUPTION.

    ``(a) Presidential Action.--If a product of the People's Republic of 
China is being imported into the United States in such increased 
quantities or under such conditions as to cause or threaten to cause 
market disruption to the domestic producers of a like or directly 
competitive product, the President shall, in accordance with the 
provisions of this section, proclaim increased duties or other import 
restrictions with respect to such product, to the extent and for such 
period as the President considers necessary to prevent or remedy the 
market disruption.
    ``(b) Initiation of an Investigation.--(1) Upon the filing of a 
petition by an entity described in section 202(a) of the Trade Act of 
1974 (19 U.S.C. 2252(a)), upon the request of the President or the 
United States Trade Representative (in this subtitle referred to as the 
`Trade Representative'), upon resolution of either the Committee on Ways 
and Means of the House of Representatives, or the Committee on Finance 
of the Senate (in this subtitle referred to as the `Committees') or on 
its own motion, the United States International Trade Commission (in 
this subtitle referred to as the `Commission') shall promptly make an 
investigation to determine whether products of the People's Republic of 
China are being imported into the United States in such increased 
quantities or

[[Page 114 STAT. 883]]

under such conditions as to cause or threaten to cause market disruption 
to the domestic producers of like or directly competitive products.
    ``(2) The limitations on investigations set forth in section 
202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to 
investigations conducted under this section.
    ``(3) The provisions of subsections (a)(8) and (i) of section 202 of 
the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to 
treatment of confidential business information, shall apply to 
investigations conducted under this section.
    ``(4) Whenever a petition is filed, or a request or resolution is 
received, under this subsection, the Commission shall transmit a copy 
thereof to the President, the Trade Representative, the Committee on 
Ways and Means of the House of Representatives, and the Committee on 
Finance of the Senate, except that in the case of confidential business 
information, the copy may include only nonconfidential summaries of such 
information.
    ``(5) <<NOTE: Federal Register, publication.>>  The Commission shall 
publish notice of the commencement of any proceeding under this 
subsection in the Federal Register and shall, within a reasonable time 
thereafter, hold public hearings at which the Commission shall afford 
interested parties an opportunity to be present, to present evidence, to 
respond to the presentations of other parties, and otherwise to be 
heard.

    ``(c) Market Disruption.--(1) For purposes of this section, market 
disruption exists whenever imports of an article like or directly 
competitive with an article produced by a domestic industry are 
increasing rapidly, either absolutely or relatively, so as to be a 
significant cause of material injury, or threat of material injury, to 
the domestic industry.
    ``(2) For purposes of paragraph (1), the term `significant cause' 
refers to a cause which contributes significantly to the material injury 
of the domestic industry, but need not be equal to or greater than any 
other cause.
    ``(d) Factors in Determination.--In determining whether market 
disruption exists, the Commission shall consider objective factors, 
including--
            ``(1) the volume of imports of the product which is the 
        subject of the investigation;
            ``(2) the effect of imports of such product on prices in the 
        United States for like or directly competitive articles; and
            ``(3) the effect of imports of such product on the domestic 
        industry producing like or directly competitive articles.

The presence or absence of any factor under paragraph (1), (2), or (3) 
is not necessarily dispositive of whether market disruption exists.
    ``(e) Time for Commission <<NOTE: Deadline.>>  Determinations.--The 
Commission shall make and transmit to the President and the Trade 
Representative its determination under subsection (b)(1) at the earliest 
practicable time, but in no case later than 60 days (or 90 days in the 
case of a petition requesting relief under subsection (i)) after the 
date on which the petition is filed, the request or resolution is 
received, or the motion is adopted, under subsection (b). If the 
Commissioners voting are equally divided with respect to its 
determination, then the determination agreed upon by either group of 
Commissioners may be considered by the President and the Trade 
Representative as the determination of the Commission.

[[Page 114 STAT. 884]]

    ``(f ) Recommendations of Commission on Proposed Remedies.--If the 
Commission makes an affirmative determination under subsection (b), or a 
determination which the President or the Trade Representative may 
consider as affirmative under subsection (e), the Commission shall 
propose the amount of increase in, or imposition of, any duty or other 
import restrictions necessary to prevent or remedy the market 
disruption. Only those members of the Commission who agreed to the 
affirmative determination under subsection (b) are eligible to vote on 
the proposed action to prevent or remedy market disruption. Members of 
the Commission who did not agree to the affirmative determination may 
submit, in the report required under subsection (g), separate views 
regarding what action, if any, should be taken to prevent or remedy 
market disruption.
    ``(g) Report by <<NOTE: Deadline.>>  Commission.--(1) Not later than 
20 days after a determination under subsection (b) is made, the 
Commission shall submit a report to the President and the Trade 
Representative.

    ``(2) The Commission shall include in the report required under 
paragraph (1) the following:
            ``(A) The determination made under subsection (b) and an 
        explanation of the basis for the determination.
            ``(B) If the determination under subsection (b) is 
        affirmative, or may be considered by the President or the Trade 
        Representative as affirmative under subsection (e), the 
        recommendations of the Commission on proposed remedies under 
        subsection (f ) and an explanation of the basis for each 
        recommendation.
            ``(C) Any dissenting or separate views by members of the 
        Commission regarding the determination and any recommendation 
        referred to in subparagraphs (A) and (B).
            ``(D) A description of--
                    ``(i) the short- and long-term effects that 
                implementation of the action recommended under 
                subsection (f ) is likely to have on the petitioning 
                domestic industry, on other domestic industries, and on 
                consumers; and
                    ``(ii) the short- and long-term effects of not 
                taking the recommended action on the petitioning 
                domestic industry, its workers, and the communities 
                where production facilities of such industry are 
                located, and on other domestic industries.

    ``(3) <<NOTE: Federal Register, publication.>>  The Commission, 
after submitting a report to the President under paragraph (1), shall 
promptly make it available to the public (but shall not include 
confidential business information) and cause a summary thereof to be 
published in the Federal Register.

    ``(h) Opportunity To Present Views and Evidence on Proposed Measure 
and Recommendation to the <<NOTE: Federal Register, publication.>>  
President.--(1) Within 20 days after receipt of the Commission's report 
under subsection (g) (or 15 days in the case of an affirmative 
preliminary determination under subsection (i)(1)(B)), the Trade 
Representative shall publish in the Federal Register notice of any 
measure proposed by the Trade Representative to be taken pursuant to 
subsection (a) and of the opportunity, including a public hearing, if 
requested, for importers, exporters, and other interested parties to 
submit their views and evidence on the appropriateness of the proposed 
measure and whether it would be in the public interest.

[[Page 114 STAT. 885]]

    ``(2) Within 55 days after receipt of the report under subsection 
(g) (or 35 days in the case of an affirmative preliminary determination 
under subsection (i)(1)(B)), the Trade Representative, taking into 
account the views and evidence received under paragraph (1) on the 
measure proposed by the Trade Representative, shall make a 
recommendation to the President concerning what action, if any, to take 
to prevent or remedy the market disruption.
    ``(i) Critical Circumstances.--(1) <<NOTE: Deadline.>>  When a 
petition filed under subsection (b) alleges that critical circumstances 
exist and requests that provisional relief be provided under this 
subsection with respect to the product identified in the petition, the 
Commission shall, not later than 45 days after the petition containing 
the request is filed--
            ``(A) determine whether delay in taking action under this 
        section would cause damage to the relevant domestic industry 
        which would be difficult to repair; and
            ``(B) if the determination under subparagraph (A) is 
        affirmative, make a preliminary determination of whether imports 
        of the product which is the subject of the investigation have 
        caused or threatened to cause market disruption.

If the Commissioners voting are equally divided with respect to either 
of its determinations, then the determination agreed upon by either 
group of Commissioners may be considered by the President and the Trade 
Representative as the determination of the Commission.
    ``(2) On the date on which the Commission completes its 
determinations under paragraph (1), the Commission shall transmit a 
report on the determinations to the President and the Trade 
Representative, including the reasons for its determinations. If the 
determinations under paragraph (1) are affirmative, or may be considered 
by the President or the Trade Representative as affirmative under 
paragraph (1), the Commission shall include in its report its 
recommendations on proposed provisional measures to be taken to prevent 
or remedy the market disruption. Only those members of the Commission 
who agreed to the affirmative determinations under paragraph (1) are 
eligible to vote on the proposed provisional measures to prevent or 
remedy market disruption. Members of the Commission who did not agree to 
the affirmative determinations may submit, in the report, dissenting or 
separate views regarding the determination and any recommendation of 
provisional measures referred to in this paragraph.
    ``(3) If the determinations under paragraph (1) are affirmative, or 
may be considered by the President or the Trade Representative as 
affirmative under paragraph (1), the Trade Representative shall, within 
10 days after receipt of the Commission's report, determine the amount 
or extent of provisional relief that is necessary to prevent or remedy 
the market disruption and shall provide a recommendation to the 
President on what provisional measures, if any, to take.
    ``(4)(A) The President shall determine whether to provide 
provisional relief and proclaim such relief, if any, within 10 days 
after receipt of the recommendation from the Trade Representative.
    ``(B) Such relief may take the form of--
            ``(i) the imposition of or increase in any duty;
            ``(ii) any modification, or imposition of any quantitative 
        restriction on the importation of an article into the United 
        States; or

[[Page 114 STAT. 886]]

            ``(iii) any combination of actions under clauses (i) and 
        (ii).

    ``(C) Any provisional action proclaimed by the President pursuant to 
a determination of critical circumstances shall remain in effect not 
more than 200 days.
    ``(D) Provisional relief shall cease to apply upon the effective 
date of relief proclaimed under subsection (a), upon a decision by the 
President not to provide such relief, or upon a negative determination 
by the Commission under subsection (b).
    ``( j) Agreements With the People's Republic of China.--(1) The 
Trade Representative is authorized to enter into agreements for the 
People's Republic of China to take such action as necessary to prevent 
or remedy market disruption, and should seek to conclude such agreements 
before the expiration of the 60-day consultation period provided for 
under the product-specific safeguard provision of the Protocol of 
Accession of the People's Republic of China to the WTO, which shall 
commence not later than 5 days after the Trade Representative receives 
an affirmative determination provided for in subsection (e) or a 
determination which the Trade Representative considers to be an 
affirmative determination pursuant to subsection (e).
    ``(2) If no agreement is reached with the People's Republic of China 
pursuant to consultations under paragraph (1), or if the President 
determines than an agreement reached pursuant to such consultations is 
not preventing or remedying the market disruption at issue, the 
President shall provide import relief in accordance with subsection (a).
    ``(k) Standard for Presidential Action.--(1) Within 15 days after 
receipt of a recommendation from the Trade Representative under 
subsection (h) on the appropriate action, if any, to take to prevent or 
remedy the market disruption, the President shall provide import relief 
for such industry pursuant to subsection (a), unless the President 
determines that provision of such relief is not in the national economic 
interest of the United States or, in extraordinary cases, that the 
taking of action pursuant to subsection (a) would cause serious harm to 
the national security of the United States.
    ``(2) The President may determine under paragraph (1) that providing 
import relief is not in the national economic interest of the United 
States only if the President finds that the taking of such action would 
have an adverse impact on the United States economy clearly greater than 
the benefits of such action.
    ``(l) Publication of Decision and <<NOTE: Federal Register, 
publication.>>  Reports.--(1) The President's decision, including the 
reasons therefor and the scope and duration of any action taken, shall 
be published in the Federal Register.

    ``(2) <<NOTE: Federal Register, publication.>>  The Commission shall 
promptly make public any report transmitted under this section, but 
shall not make public any information which the Commission determines to 
be confidential, and shall publish notice of such report in the Federal 
Register.

    ``(m) Effective Date of <<NOTE: Deadline.>>  Relief.--Import relief 
under this section shall take effect not later than 15 days after the 
President's determination to provide such relief.

    ``(n) Modifications of Relief.--(1) At any time after the end of the 
6-month period beginning on the date on which relief under subsection 
(m) first takes effect, the President may request that the Commission 
provide a report on the probable effect of the modification, reduction, 
or termination of the relief provided on

[[Page 114 STAT. 887]]

the relevant industry. The Commission shall transmit such report to the 
President within 60 days of the request.
    ``(2) The President may, after receiving a report from the 
Commission under paragraph (1), take such action to modify, reduce, or 
terminate relief that the President determines is necessary to continue 
to prevent or remedy the market disruption at issue.
    ``(3) Upon the granting of relief under subsection (k), the 
Commission shall collect such data as is necessary to allow it to 
respond rapidly to a request by the President under paragraph (1).
    ``(o) Extension of <<NOTE: Deadline.>>  Action.--(1) Upon request of 
the President, or upon petition on behalf of the industry concerned 
filed with the Commission not earlier than the date which is 9 months, 
and not later than the date which is 6 months, before the date any 
relief provided under subsection (k) is to terminate, the Commission 
shall investigate to determine whether action under this section 
continues to be necessary to prevent or remedy market disruption.

    ``(2) <<NOTE: Federal Register, publication.>>  The Commission shall 
publish notice of the commencement of any proceeding under this 
subsection in the Federal Register and shall, within a reasonable time 
thereafter, hold a public hearing at which the Commission shall afford 
interested parties and consumers an opportunity to be present, to 
present evidence, and to respond to the presentations of other parties 
and consumers, and otherwise to be heard.

    ``(3) <<NOTE: Reports. Deadline.>>  The Commission shall transmit to 
the President a report on its investigation and determination under this 
subsection not later than 60 days before the action under subsection (m) 
is to terminate.

    ``(4) The President, after receiving an affirmative determination 
from the Commission under paragraph (3), may extend the effective period 
of any action under this section if the President determines that the 
action continues to be necessary to prevent or remedy the market 
disruption.

``SEC. <<NOTE: 19 USC 2451a.>>  422. ACTION IN RESPONSE TO TRADE 
            DIVERSION.

    ``(a) Monitoring by Customs Service.--In any case in which a WTO 
member other than the United States requests consultations with the 
People's Republic of China under the product-specific safeguard 
provision of the Protocol of Accession of the People's Republic of China 
to the World Trade Organization, the Trade Representative shall inform 
the United States Customs Service, which shall monitor imports into the 
United States of those products of Chinese origin that are the subject 
of the consultation request. Data from such monitoring shall promptly be 
made available to the Commission upon request by the Commission.
    ``(b) Initiation of Investigation.--(1) Upon the filing of a 
petition by an entity described in section 202(a) of the Trade Act of 
1974, upon the request of the President or the Trade Representative, 
upon resolution of either of the Committees, or on its own motion, the 
Commission shall promptly make an investigation to determine whether an 
action described in subsection (c) has caused, or threatens to cause, a 
significant diversion of trade into the domestic market of the United 
States.
    ``(2) <<NOTE: Federal Register, publication.>>  The Commission shall 
publish notice of the commencement of any proceeding under this 
subsection in the Federal Register

[[Page 114 STAT. 888]]

and shall, within a reasonable time thereafter, hold public hearings at 
which the Commission shall afford interested parties an opportunity to 
be present, to present evidence, to respond to the presentations of 
other parties, and otherwise to be heard.

    ``(3) The provisions of subsections (a)(8) and (i) of section 202 of 
the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to 
treatment of confidential business information, shall apply to 
investigations conducted under this section.
    ``(c) Actions Described.--An action is described in this subsection 
if it is an action--
            ``(1) by the People's Republic of China to prevent or remedy 
        market disruption in a WTO member other than the United States;
            ``(2) by a WTO member other than the United States to 
        withdraw concessions under the WTO Agreement or otherwise to 
        limit imports to prevent or remedy market disruption;
            ``(3) by a WTO member other than the United States to apply 
        a provisional safeguard within the meaning of the product-
        specific safeguard provision of the Protocol of Accession of the 
        People's Republic of China to the WTO; or
            ``(4) any combination of actions described in paragraphs (1) 
        through (3).

    ``(d) Basis for Determination of Significant Diversion.--(1) In 
determining whether significant diversion or the threat thereof exists 
for purposes of this section, the Commission shall take into account, to 
the extent such evidence is reasonably available--
            ``(A) the monitoring conducted under subsection (a);
            ``(B) the actual or imminent increase in United States 
        market share held by such imports from the People's Republic of 
        China;
            ``(C) the actual or imminent increase in volume of such 
        imports into the United States;
            ``(D) the nature and extent of the action taken or proposed 
        by the WTO member concerned;
            ``(E) the extent of exports from the People's Republic of 
        China to that WTO member and to the United States;
            ``(F) the actual or imminent changes in exports to that WTO 
        member due to the action taken or proposed;
            ``(G) the actual or imminent diversion of exports from the 
        People's Republic of China to countries other than the United 
        States;
            ``(H) cyclical or seasonal trends in import volumes into the 
        United States of the products at issue; and
            ``(I) conditions of demand and supply in the United States 
        market for the products at issue.

The presence or absence of any factor under any of subparagraphs (A) 
through (I) is not necessarily dispositive of whether a significant 
diversion of trade or the threat thereof exists.
    ``(2) For purposes of making its determination, the Commission shall 
examine changes in imports into the United States from the People's 
Republic of China since the time that the WTO member commenced the 
investigation that led to a request for consultations described in 
subsection (a).
    ``(3) If more than one action by a WTO member or WTO members against 
a particular product is identified in the petition,

[[Page 114 STAT. 889]]

request, or resolution under subsection (b) or during the investigation, 
the Commission may cumulatively assess the actual or likely effects of 
such actions jointly in determining whether a significant diversion of 
trade or threat thereof exists.
    ``(e) Commission Determination; Agreement Authority.--
(1) <<NOTE: Deadline.>>  The Commission shall make and transmit to the 
President and the Trade Representative its determination under 
subsection (b) at the earliest practicable time, but in no case later 
than 45 days after the date on which the petition is filed, the request 
or resolution is received, or the motion is adopted, under subsection 
(b). If the Commissioners voting are equally divided with respect to its 
determination, then the determination agreed upon by either group of 
Commissioners may be considered by the President and the Trade 
Representative as the determination of the Commission.

    ``(2) The Trade Representative is authorized to enter into 
agreements with the People's Republic of China or the other WTO members 
concerned to take such action as necessary to prevent or remedy 
significant trade diversion or threat thereof into the domestic market 
of the United States, and should seek to conclude such agreements before 
the expiration of the 60-day consultation period provided for under the 
product-specific safeguard provision of the Protocol of Accession of the 
People's Republic of China to the WTO, which shall commence not later 
than 5 days after the Trade Representative receives an affirmative 
determination provided for in paragraph (1) or a determination which the 
Trade Representative considers to be an affirmative determination 
pursuant to paragraph (1).
    ``(3) Report <<NOTE: Deadline.>>  by Commission.--
            ``(A) Not later than 10 days after a determination under 
        subsection (b), is made, the Commission shall transmit a report 
        to the President and the Trade Representative.
            ``(B) The Commission shall include in the report required 
        under subparagraph (A) the following:
                    ``(i) The determination made under subsection (b) 
                and an explanation of the basis for the determination.
                    ``(ii) If the determination under subsection (b) is 
                affirmative, or may be considered by the President or 
                the Trade Representative as affirmative under subsection 
                (e)(1), the recommendations of the Commission on 
                increased tariffs or other import restrictions to be 
                imposed to prevent or remedy the trade diversion or 
                threat thereof, and explanations of the bases for such 
                recommendations. Only those members of the Commission 
                who agreed to the affirmative determination under 
                subsection (b) are eligible to vote on the proposed 
                action to prevent or remedy the trade diversion or 
                threat thereof.
                    ``(iii) Any dissenting or separate views by members 
                of the Commission regarding the determination and any 
                recommendation referred to in clauses (i) and (ii).
                    ``(iv) A description of--
                          ``(I) the short- and long-term effects that 
                      implementation of the action recommended under 
                      clause (ii) is likely to have on the petitioning 
                      domestic industry, on other domestic industries, 
                      and on consumers; and
                          ``(II) the short- and long-term effects of not 
                      taking the recommended action on the petitioning 
                      domestic

[[Page 114 STAT. 890]]

                      industry, its workers and the communities where 
                      production facilities of such industry are 
                      located, and on other domestic industries.
            ``(C) <<NOTE: Federal Register, publication.>>  The 
        Commission, after submitting a report to the President under 
        subparagraph (A), shall promptly make it available to the public 
        (with the exception of confidential business information) and 
        cause a summary thereof to be published in the Federal Register.

    ``(f ) Public <<NOTE: Federal Register, publication.>>  Comment.--If 
consultations fail to lead to an agreement with the People's Republic of 
China or the WTO member concerned within 60 days, the Trade 
Representative shall promptly publish notice in the Federal Register of 
any proposed action to prevent or remedy the trade diversion, and 
provide an opportunity for interested persons to present views and 
evidence on whether the proposed action is in the public interest.

    ``(g) Recommendation to the President.--Within 20 days after the end 
of consultations pursuant to subsection (e), the Trade Representative 
shall make a recommendation to the President on what action, if any, 
should be taken to prevent or remedy the trade diversion or threat 
thereof.
    ``(h) Presidential Action.--Within 20 days after receipt of the 
recommendation from the Trade Representative, the President shall 
determine what action to take to prevent or remedy the trade diversion 
or threat thereof.
    ``(i) Duration of <<NOTE: Deadline.>>  Action.--Action taken under 
subsection (h) shall be terminated not later than 30 days after 
expiration of the action taken by the WTO member or members involved 
against imports from the People's Republic of China.

    ``( j) Review of Circumstances.--(1) The Commission shall review the 
continued need for action taken under subsection (h) if the WTO member 
or members involved notify the Committee on Safeguards of the WTO of any 
modification in the action taken by them against the People's Republic 
of China pursuant to consultation referred to in subsection 
(a). <<NOTE: Deadline.>>  The Commission shall, not later than 60 days 
after such notification, determine whether a significant diversion of 
trade continues to exist and report its determination to the President. 
The President shall determine, within 15 days after receiving the 
Commission's report, whether to modify, withdraw, or keep in place the 
action taken under subsection (h).

``SEC. <<NOTE: 19 USC 2451b.>>  423. REGULATIONS; TERMINATION OF 
            PROVISION.

    ``(a) To Carry Out Restrictions and Monitoring.--The President shall 
by regulation provide for the efficient and fair administration of any 
restriction proclaimed pursuant to the subtitle and to provide for 
effective monitoring of imports under section 422(a).
    ``(b) To Carry Out Agreements.--To carry out an agreement concluded 
pursuant to consultations under section 421( j) or 422(e)(2), the 
President is authorized to prescribe regulations governing the entry or 
withdrawal from warehouse of articles covered by such agreement.
    ``(c) Termination Date.--This subtitle and any regulations issued 
under this subtitle shall cease to be effective 12 years after the date 
of entry into force of the Protocol of Accession of the People's 
Republic of China to the WTO.''.
    (b) Conforming Amendment.--The table of contents of the Trade Act of 
1974 is amended--
            (1) in the item relating to title IV, by striking the 
        following:

[[Page 114 STAT. 891]]

                             ``CURRENTLY'';

            (2) by inserting before the item relating to section 401 the 
        following:

         ``Chapter 1--Trade Relations With Certain Countries'';

        and
            (3) by adding after the item relating to section 409 the 
        following:

 ``Chapter 2--Relief From Market Disruption to Industries and Diversion 
                  of Trade to the United States Market

``Sec. 421. Action to address market disruption.
``Sec. 422. Action in response to trade diversion.
``Sec. 423. Regulations; termination of provision.''.

SEC. 104. AMENDMENT TO SECTION 123 OF THE TRADE ACT OF 1974--
            COMPENSATION AUTHORITY.

    Section 123(a)(1) of the Trade Act of 1974 (19 U.S.C. 2133(a)(1)) is 
amended by inserting after ``title III'' the following: ``, or under 
chapter 2 of title IV of the Trade Act of 1974''.

 DIVISION <<NOTE: U.S.-China Relations Act of 2000.>>  B--UNITED STATES-
CHINA RELATIONS

                      TITLE II--GENERAL PROVISIONS

SEC. <<NOTE: 22 USC 6901 note.>>  201. SHORT TITLE OF DIVISION; TABLE OF 
            CONTENTS OF DIVISION.

    (a) Short Title of Division.--This division may be cited as the 
``U.S.-China Relations Act of 2000''.
    (b) Table of Contents of Division.--The table of contents of this 
division is as follows:

                DIVISION B--UNITED STATES-CHINA RELATIONS

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Short title of division; table of contents of division.
Sec. 202. Findings.
Sec. 203. Policy.
Sec. 204. Definitions.

 TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC 
                                OF CHINA

Sec. 301. Establishment of Congressional-Executive Commission on the 
           People's Republic of China.
Sec. 302. Functions of the Commission.
Sec. 303. Membership of the Commission.
Sec. 304. Votes of the Commission.
Sec. 305. Expenditure of appropriations.
Sec. 306. Testimony of witnesses, production of evidence; issuance of 
           subpoenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.

TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S 
                             WTO COMMITMENTS

 Subtitle A--Review of Membership of the People's Republic of China in 
                                 the WTO

Sec. 401. Review within the WTO.

  Subtitle B--Authorization To Promote Compliance With Trade Agreements

Sec. 411. Findings.

[[Page 114 STAT. 892]]

Sec. 412. Purpose.
Sec. 413. Authorization of appropriations.

Subtitle C--Report on Compliance by the People's Republic of China With 
                             WTO Obligations

Sec. 421. Report on compliance.

 TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

  Subtitle A--Task Force on Prohibition of Importation of Products of 
       Forced or Prison Labor From the People's Republic of China

Sec. 501. Establishment of Task Force.
Sec. 502. Functions of Task Force.
Sec. 503. Composition of Task Force.
Sec. 504. Authorization of appropriations.
Sec. 505. Reports to Congress.

   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

Sec. 511. Establishment of technical assistance and rule of law 
           programs.
Sec. 512. Administrative authorities.
Sec. 513. Prohibition relating to human rights abuses.
Sec. 514. Authorization of appropriations.

                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

Sec. 601. Accession of Taiwan to the WTO.

                        TITLE VII--RELATED ISSUES

Sec. 701. Authorizations of appropriations for broadcasting capital 
           improvements and international broadcasting operations.

SEC. <<NOTE: 22 USC 6901.>>  202. FINDINGS.

    The Congress finds the following:
            (1) In 1980, the United States opened trade relations with 
        the People's Republic of China by entering into a bilateral 
        trade agreement, which was approved by joint resolution enacted 
        pursuant to section 405(c) of the Trade Act of 1974.
            (2) Since 1980, the President has consistently extended 
        nondiscriminatory treatment to products of the People's Republic 
        of China, pursuant to his authority under section 404 of the 
        Trade Act of 1974.
            (3) Since 1980, the United States has entered into several 
        additional trade-related agreements with the People's Republic 
        of China, including a memorandum of understanding on market 
        access in 1992, two agreements on intellectual property rights 
        protection in 1992 and 1995, and an agreement on agricultural 
        cooperation in 1999.
            (4) Trade in goods between the People's Republic of China 
        and the United States totaled almost $95,000,000,000 in 1999, 
        compared with approximately $18,000,000,000 in 1989, 
        representing growth of approximately 428 percent over 10 years.
            (5) The United States merchandise trade deficit with the 
        People's Republic of China has grown from approximately 
        $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth 
        of over 1,000 percent.
            (6) The People's Republic of China currently restricts 
        imports through relatively high tariffs and nontariff barriers, 
        including import licensing, technology transfer, and local 
        content requirements.
            (7) United States businesses attempting to sell goods to 
        markets in the People's Republic of China have complained of 
        uneven application of tariffs, customs procedures, and other

[[Page 114 STAT. 893]]

        laws, rules, and administrative measures affecting their ability 
        to sell their products in the Chinese market.
            (8) On November 15, 1999, the United States and the People's 
        Republic of China concluded a bilateral agreement concerning 
        terms of the People's Republic of China's eventual accession to 
        the World Trade Organization.
            (9) The commitments that the People's Republic of China made 
        in its November 15, 1999, agreement with the United States 
        promise to eliminate or greatly reduce the principal barriers to 
        trade with and investment in the People's Republic of China, if 
        those commitments are effectively complied with and enforced.
            (10) The record of the People's Republic of China in 
        implementing trade-related commitments has been mixed. While the 
        People's Republic of China has generally met the requirements of 
        the 1992 market access memorandum of understanding and the 1992 
        and 1995 agreements on intellectual property rights protection, 
        other measures remain in place or have been put into place which 
        tend to diminish the benefit to United States businesses, 
        farmers, and workers from the People's Republic of China's 
        implementation of those earlier commitments. Notably, 
        administration of tariff-rate quotas and other trade-related 
        laws remains opaque, new local content requirements have 
        proliferated, restrictions on importation of animal and plant 
        products are not always supported by sound science, and 
        licensing requirements for importation and distribution of goods 
        remain common. Finally, the Government of the People's Republic 
        of China has failed to cooperate with the United States Customs 
        Service in implementing a 1992 memorandum of understanding 
        prohibiting trade in products made by prison labor.
            (11) The human rights record of the People's Republic of 
        China is a matter of very serious concern to the Congress. The 
        Congress notes that the Department of State's 1999 Country 
        Reports on Human Rights Practices for the People's Republic of 
        China finds that ``[t]he Government's poor human rights record 
        deteriorated markedly throughout the year, as the Government 
        intensified efforts to suppress dissent, particularly organized 
        dissent.''.
            (12) The Congress deplores violations by the Government of 
        the People's Republic of China of human rights, religious 
        freedoms, and worker rights that are referred to in the 
        Department of State's 1999 Country Reports on Human Rights 
        Practices for the People's Republic of China, including the 
        banning of the Falun Gong spiritual movement, denial in many 
        cases, particularly politically sensitive ones, of effective 
        representation by counsel and public trials, extrajudicial 
        killings and torture, forced abortion and sterilization, 
        restriction of access to Tibet and Xinjiang, perpetuation of 
        ``reeducation through labor'', denial of the right of workers to 
        organize labor unions or bargain collectively with their 
        employers, and failure to implement a 1992 memorandum of 
        understanding prohibiting trade in products made by prison 
        labor.

SEC. <<NOTE: 22 USC 6902.>>  203. POLICY.

    It is the policy of the United States--

[[Page 114 STAT. 894]]

            (1) to develop trade relations that broaden the benefits of 
        trade, and lead to a leveling up, rather than a leveling down, 
        of labor, environmental, commercial rule of law, market access, 
        anticorruption, and other standards across national borders;
            (2) to pursue effective enforcement of trade-related and 
        other international commitments by foreign governments through 
        enforcement mechanisms of international organizations and 
        through the application of United States law as appropriate;
            (3) to encourage foreign governments to conduct both 
        commercial and noncommercial affairs according to the rule of 
        law developed through democratic processes;
            (4) to encourage the Government of the People's Republic of 
        China to afford its workers internationally recognized worker 
        rights;
            (5) to encourage the Government of the People's Republic of 
        China to protect the human rights of people within the territory 
        of the People's Republic of China, and to take steps toward 
        protecting such rights, including, but not limited to--
                    (A) ratifying the International Covenant on Civil 
                and Political Rights;
                    (B) protecting the right to liberty of movement and 
                freedom to choose a residence within the People's 
                Republic of China and the right to leave from and return 
                to the People's Republic of China; and
                    (C) affording a criminal defendant--
                          (i) the right to be tried in his or her 
                      presence, and to defend himself or herself in 
                      person or through legal assistance of his or her 
                      own choosing;
                          (ii) the right to be informed, if he or she 
                      does not have legal assistance, of the right set 
                      forth in clause (i);
                          (iii) the right to have legal assistance 
                      assigned to him or her in any case in which the 
                      interests of justice so require and without 
                      payment by him or her in any such case if he or 
                      she does not have sufficient means to pay for it;
                          (iv) the right to a fair and public hearing by 
                      a competent, independent, and impartial tribunal 
                      established by the law;
                          (v) the right to be presumed innocent until 
                      proved guilty according to law; and
                          (vi) the right to be tried without undue 
                      delay; and
            (6) to highlight in the United Nations Human Rights 
        Commission and in other appropriate fora violations of human 
        rights by foreign governments and to seek the support of other 
        governments in urging improvements in human rights practices.

SEC. <<NOTE: 22 USC 6903.>>  204. DEFINITIONS.

    In this division:
            (1) Dispute settlement understanding.--The term ``Dispute 
        Settlement Understanding'' means the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes

[[Page 114 STAT. 895]]

        referred to in section 101(d)(16) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3511(16)).
            (2) Government of the people's republic of china.--The term 
        ``Government of the People's Republic of China'' means the 
        central Government of the People's Republic of China and any 
        other governmental entity, including any provincial, 
        prefectural, or local entity and any enterprise that is 
        controlled by the central Government or any such governmental 
        entity or as to which the central Government or any such 
        governmental entity is entitled to receive a majority of the 
        profits.
            (3) Internationally recognized worker rights.--The term 
        ``internationally recognized worker rights'' has the meaning 
        given that term in section 507(4) of the Trade Act of 1974 (19 
        U.S.C. 2467(4)) and includes the right to the elimination of the 
        ``worst forms of child labor'', as defined in section 507(6) of 
        the Trade Act of 1974 (19 U.S.C. 2467(6)).
            (4) Trade representative.--The term ``Trade Representative'' 
        means the United States Trade Representative.
            (5) WTO; world trade organization.--The terms ``WTO'' and 
        ``World Trade Organization'' mean the organization established 
        pursuant to the WTO Agreement.
            (6) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered into 
        on April 15, 1994.
            (7) WTO member.--The term ``WTO member'' has the meaning 
        given that term in section 2(10) of the Uruguay Round Agreements 
        Act (19 U.S.C. 3501(10)).

     TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S 
                            REPUBLIC OF CHINA

SEC. <<NOTE: 22 USC 6911.>>  301. ESTABLISHMENT OF CONGRESSIONAL-
            EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA.

    There is established a Congressional-Executive Commission on the 
People's Republic of China (in this title referred to as the 
``Commission'').

SEC. <<NOTE: 22 USC 6912.>>  302. FUNCTIONS OF THE COMMISSION.

    (a) Monitoring Compliance With Human Rights.--The Commission shall 
monitor the acts of the People's Republic of China which reflect 
compliance with or violation of human rights, in particular, those 
contained in the International Covenant on Civil and Political Rights 
and in the Universal Declaration of Human Rights, including, but not 
limited to, effectively affording--
            (1) the right to engage in free expression without fear of 
        any prior restraints;
            (2) the right to peaceful assembly without restrictions, in 
        accordance with international law;
            (3) religious freedom, including the right to worship free 
        of involvement of and interference by the government;
            (4) the right to liberty of movement and freedom to choose a 
        residence within the People's Republic of China and the right to 
        leave from and return to the People's Republic of China;

[[Page 114 STAT. 896]]

            (5) the right of a criminal defendant--
                    (A) to be tried in his or her presence, and to 
                defend himself or herself in person or through legal 
                assistance of his or her own choosing;
                    (B) to be informed, if he or she does not have legal 
                assistance, of the right set forth in subparagraph (A);
                    (C) to have legal assistance assigned to him or her 
                in any case in which the interests of justice so require 
                and without payment by him or her in any such case if he 
                or she does not have sufficient means to pay for it;
                    (D) to a fair and public hearing by a competent, 
                independent, and impartial tribunal established by the 
                law;
                    (E) to be presumed innocent until proved guilty 
                according to law; and
                    (F) to be tried without undue delay;
            (6) the right to be free from torture and other forms of 
        cruel or unusual punishment;
            (7) protection of internationally recognized worker rights;
            (8) freedom from incarceration as punishment for political 
        opposition to the government;
            (9) freedom from incarceration as punishment for exercising 
        or advocating human rights (including those described in this 
        section);
            (10) freedom from arbitrary arrest, detention, or exile;
            (11) the right to fair and public hearings by an independent 
        tribunal for the determination of a citizen's rights and 
        obligations; and
            (12) free choice of employment.

    (b) Victims Lists.--The Commission shall compile and maintain lists 
of persons believed to be imprisoned, detained, or placed under house 
arrest, tortured, or otherwise persecuted by the Government of the 
People's Republic of China due to their pursuit of the rights described 
in subsection (a). In compiling such lists, the Commission shall 
exercise appropriate discretion, including concerns regarding the safety 
and security of, and benefit to, the persons who may be included on the 
lists and their families.
    (c) Monitoring Development of Rule of Law.--The Commission shall 
monitor the development of the rule of law in the People's Republic of 
China, including, but not limited to--
            (1) progress toward the development of institutions of 
        democratic governance;
            (2) processes by which statutes, regulations, rules, and 
        other legal acts of the Government of the People's Republic of 
        China are developed and become binding within the People's 
        Republic of China;
            (3) the extent to which statutes, regulations, rules, 
        administrative and judicial decisions, and other legal acts of 
        the Government of the People's Republic of China are published 
        and are made accessible to the public;
            (4) the extent to which administrative and judicial 
        decisions are supported by statements of reasons that are based 
        upon written statutes, regulations, rules, and other legal acts 
        of the Government of the People's Republic of China;
            (5) the extent to which individuals are treated equally 
        under the laws of the of the People's Republic of China without 
        regard to citizenship;

[[Page 114 STAT. 897]]

            (6) the extent to which administrative and judicial 
        decisions are independent of political pressure or governmental 
        interference and are reviewed by entities of appellate 
        jurisdiction; and
            (7) the extent to which laws in the People's Republic of 
        China are written and administered in ways that are consistent 
        with international human rights standards, including the 
        requirements of the International Covenant on Civil and 
        Political Rights.

    (d) Bilateral Cooperation.--The Commission shall monitor and 
encourage the development of programs and activities of the United 
States Government and private organizations with a view toward 
increasing the interchange of people and ideas between the United States 
and the People's Republic of China and expanding cooperation in areas 
that include, but are not limited to--
            (1) increasing enforcement of human rights described in 
        subsection (a); and
            (2) developing the rule of law in the People's Republic of 
        China.

    (e) Contacts With Nongovernmental Organizations.--In performing the 
functions described in subsections (a) through (d), the Commission 
shall, as appropriate, seek out and maintain contacts with 
nongovernmental organizations, including receiving reports and updates 
from such organizations and evaluating such reports.
    (f ) Cooperation With Special Coordinator.--In performing the 
functions described in subsections (a) through (d), the Commission shall 
cooperate with the Special Coordinator for Tibetan Issues in the 
Department of State.
    (g) Annual <<NOTE: Deadline.>>  Reports.--The Commission shall issue 
a report to the President and the Congress not later than 12 months 
after the date of the enactment of this Act, and not later than the end 
of each 12-month period thereafter, setting forth the findings of the 
Commission during the preceding 12-month period, in carrying out 
subsections (a) through (c). The Commission's report may contain 
recommendations for legislative or executive action.

    (h) Specific Information in Annual Reports.--The Commission's report 
under subsection (g) shall include specific information as to the nature 
and implementation of laws or policies concerning the rights set forth 
in paragraphs (1) through (12) of subsection (a), and as to restrictions 
applied to or discrimination against persons exercising any of the 
rights set forth in such paragraphs.
    (i) Congressional Hearings on Annual <<NOTE: Deadline.>>  Reports.--
(1) The Committee on International Relations of the House of 
Representatives shall, not later than 30 days after the receipt by the 
Congress of the report referred to in subsection (g), hold hearings on 
the contents of the report, including any recommendations contained 
therein, for the purpose of receiving testimony from Members of 
Congress, and such appropriate representatives of Federal departments 
and agencies, and interested persons and groups, as the committee deems 
advisable, with a view to reporting to the House of Representatives any 
appropriate legislation in furtherance of such 
recommendations. <<NOTE: Deadline.>>  If any such legislation is 
considered by the Committee on International Relations within 45 days 
after receipt by the Congress of the report referred to in subsection 
(g), it shall be reported by the committee not later than 60 days after 
receipt by the Congress of such report.

[[Page 114 STAT. 898]]

    (2) The provisions of paragraph (1) are enacted by the Congress--
            (A) as an exercise of the rulemaking power of the House of 
        Representatives, and as such are deemed a part of the rules of 
        the House, and they supersede other rules only to the extent 
        that they are inconsistent therewith; and
            (B) with full recognition of the constitutional right of the 
        House to change the rules (so far as relating to the procedure 
        of the House) at any time, in the same manner and to the same 
        extent as in the case of any other rule of the House.

    ( j) Supplemental Reports.--The Commission may submit to the 
President and the Congress reports that supplement the reports described 
in subsection (g), as appropriate, in carrying out subsections (a) 
through (c).

SEC. <<NOTE: 22 USC 6913.>>  303. MEMBERSHIP OF THE COMMISSION.

    (a) Selection and Appointment of Members.--The Commission shall be 
composed of 23 members as follows:
            (1) Nine Members of the House of Representatives appointed 
        by the Speaker of the House of Representatives. Five members 
        shall be selected from the majority party and four members shall 
        be selected, after consultation with the minority leader of the 
        House, from the minority party.
            (2) Nine Members of the Senate appointed by the President of 
        the Senate. Five members shall be selected, after consultation 
        with the majority leader of the Senate, from the majority party, 
        and four members shall be selected, after consultation with the 
        minority leader of the Senate, from the minority party.
            (3) One representative of the Department of State, appointed 
        by the President of the United States from among officers and 
        employees of that Department.
            (4) One representative of the Department of Commerce, 
        appointed by the President of the United States from among 
        officers and employees of that Department.
            (5) One representative of the Department of Labor, appointed 
        by the President of the United States from among officers and 
        employees of that Department.
            (6) Two at-large representatives, appointed by the President 
        of the United States, from among the officers and employees of 
        the executive branch.

    (b) Chairman and Cochairman.--
            (1) Designation of chairman.--At the beginning of each odd-
        numbered Congress, the President of the Senate, on the 
        recommendation of the majority leader, shall designate one of 
        the members of the Commission from the Senate as Chairman of the 
        Commission. At the beginning of each even-numbered Congress, the 
        Speaker of the House of Representatives shall designate one of 
        the members of the Commission from the House as Chairman of the 
        Commission.
            (2) Designation of cochairman.--At the beginning of each 
        odd-numbered Congress, the Speaker of the House of 
        Representatives shall designate one of the members of the 
        Commission from the House as Cochairman of the Commission. At 
        the beginning of each even-numbered Congress, the President of 
        the Senate, on the recommendation of the majority leader, shall 
        designate one of the members of the Commission from the Senate 
        as Cochairman of the Commission.

[[Page 114 STAT. 899]]

SEC. <<NOTE: 22 USC 6914.>>  304. VOTES OF THE COMMISSION.

    Decisions of the Commission, including adoption of reports and 
recommendations to the executive branch or to the Congress, shall be 
made by a majority vote of the members of the Commission present and 
voting. Two-thirds of the Members of the Commission shall constitute a 
quorum for purposes of conducting business.

SEC. <<NOTE: 22 USC 6915.>>  305. EXPENDITURE OF APPROPRIATIONS.

    For each fiscal year for which an appropriation is made to the 
Commission, the Commission shall issue a report to the Congress on its 
expenditures under that appropriation.

SEC. <<NOTE: 22 USC 6916.>>  306. TESTIMONY OF WITNESSES, PRODUCTION OF 
            EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS.

    In carrying out this title, the Commission may require, by subpoena 
or otherwise, the attendance and testimony of such witnesses and the 
production of such books, records, correspondence, memoranda, papers, 
documents, and electronically recorded data as it considers necessary. 
Subpoenas may be issued only pursuant to a two-thirds vote of members of 
the Commission present and voting. Subpoenas may be issued over the 
signature of the Chairman of the Commission or any member designated by 
the Chairman, and may be served by any person designated by the Chairman 
or such member. The Chairman of the Commission, or any member designated 
by the Chairman, may administer oaths to any witness.

SEC. <<NOTE: 22 USC 6917.>>  307. APPROPRIATIONS FOR THE COMMISSION.

    (a) Authorization; Disbursements.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Commission for fiscal year 2001, and each fiscal year 
        thereafter, such sums as may be necessary to enable it to carry 
        out its functions. Appropriations to the Commission are 
        authorized to remain available until expended.
            (2) Disbursements.--Appropriations to the Commission shall 
        be disbursed on vouchers approved--
                    (A) jointly by the Chairman and the Cochairman; or
                    (B) by a majority of the members of the personnel 
                and administration committee established pursuant to 
                section 308.

    (b) Foreign Travel for Official Purposes.--Foreign travel for 
official purposes by members and staff of the Commission may be 
authorized by either the Chairman or the Cochairman.

SEC. <<NOTE: 22 USC 6918.>>  308. STAFF OF THE COMMISSION.

    (a) Personnel and Administration Committee.--The Commission shall 
have a personnel and administration committee composed of the Chairman, 
the Cochairman, the senior member of the Commission from the minority 
party of the House of Representatives, and the senior member of the 
Commission from the minority party of the Senate.
    (b) Committee Functions.--All decisions pertaining to the hiring, 
firing, and fixing of pay of personnel of the Commission shall be by a 
majority vote of the personnel and administration committee, except 
that--
            (1) the Chairman shall be entitled to appoint and fix the 
        pay of the staff director, and the Cochairman shall be entitled 
        to appoint and fix the pay of the Cochairman's senior staff 
        member; and

[[Page 114 STAT. 900]]

            (2) the Chairman and Cochairman shall each have the 
        authority to appoint, with the approval of the personnel and 
        administration committee, at least four professional staff 
        members who shall be responsible to the Chairman or the 
        Cochairman (as the case may be) who appointed them.

Subject to subsection (d), the personnel and administration committee 
may appoint and fix the pay of such other personnel as it considers 
desirable.
    (c) Staff Appointments.--All staff appointments shall be made 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and general schedule pay rates.
    (d) Qualifications of Professional Staff.--The personnel and 
administration committee shall ensure that the professional staff of the 
Commission consists of persons with expertise in areas including human 
rights, internationally recognized worker rights, international 
economics, law (including international law), rule of law and other 
foreign assistance programming, Chinese politics, economy and culture, 
and the Chinese language.
    (e) Commission Employees as Congressional Employees.--
            (1) In general.--For purposes of pay and other employment 
        benefits, rights, and privileges, and for all other purposes, 
        any employee of the Commission shall be considered to be a 
        congressional employee as defined in section 2107 of title 5, 
        United States Code.
            (2) Competitive status.--For purposes of section 3304(c)(1) 
        of title 5, United States Code, employees of the Commission 
        shall be considered as if they are in positions in which they 
        are paid by the Secretary of the Senate or the Clerk of the 
        House of Representatives.

SEC. <<NOTE: 22 USC 6919.>>  309. PRINTING AND BINDING COSTS.

    For purposes of costs relating to printing and binding, including 
the costs of personnel detailed from the Government Printing Office, the 
Commission shall be deemed to be a committee of the Congress.

TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S 
                             WTO COMMITMENTS

 Subtitle A--Review of Membership of the People's Republic of China in 
                                 the WTO

SEC. <<NOTE: 22 USC 6931.>>  401. REVIEW WITHIN THE WTO.

    It shall be the objective of the United States to obtain as part of 
the Protocol of Accession of the People's Republic of China to the WTO, 
an annual review within the WTO of the compliance by the People's 
Republic of China with its terms of accession to the WTO.

[[Page 114 STAT. 901]]

  Subtitle B--Authorization To Promote Compliance With Trade Agreements

SEC. <<NOTE: 22 USC 6941.>>  411. FINDINGS.

    The Congress finds as follows:
            (1) The opening of world markets through the elimination of 
        tariff and nontariff barriers has contributed to a 56-percent 
        increase in exports of United States goods and services since 
        1992.
            (2) Such export expansion, along with an increase in trade 
        generally, has helped fuel the longest economic expansion in 
        United States history.
            (3) The United States Government must continue to be 
        vigilant in monitoring and enforcing the compliance by our 
        trading partners with trade agreements in order for United 
        States businesses, workers, and farmers to continue to benefit 
        from the opportunities created by market-opening trade 
        agreements.
            (4) The People's Republic of China, as part of its accession 
        to the World Trade Organization, has committed to eliminating 
        significant trade barriers in the agricultural, services, and 
        manufacturing sectors that, if realized, would provide 
        considerable opportunities for United States farmers, 
        businesses, and workers.
            (5) For these opportunities to be fully realized, the United 
        States Government must effectively monitor and enforce its 
        rights under the agreements on the accession of the People's 
        Republic of China to the WTO.

SEC. <<NOTE: 22 USC 6942.>>  412. PURPOSE.

    The purpose of this subtitle is to authorize additional resources 
for the agencies and departments engaged in monitoring and enforcement 
of United States trade agreements and trade laws with respect to the 
People's Republic of China.

SEC. <<NOTE: 22 USC 6943.>>  413. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--There is authorized to be appropriated 
to the Department of Commerce, in addition to amounts otherwise 
available for such purposes, such sums as may be necessary for fiscal 
year 2001, and each fiscal year thereafter, for additional staff for--
            (1) monitoring compliance by the People's Republic of China 
        with its commitments under the WTO, assisting United States 
        negotiators with ongoing negotiations in the WTO, and defending 
        United States antidumping and countervailing duty measures with 
        respect to products of the People's Republic of China;
            (2) enforcement of United States trade laws with respect to 
        products of the People's Republic of China; and
            (3) a Trade Law Technical Assistance Center to assist small- 
        and medium-sized businesses, workers, and unions in evaluating 
        potential remedies available under the trade laws of the United 
        States with respect to trade involving the People's Republic of 
        China.

    (b) Overseas Compliance Program.--

[[Page 114 STAT. 902]]

            (1) Authorization of appropriation.--There are authorized to 
        be appropriated to the Department of Commerce and the Department 
        of State, in addition to amounts otherwise available, such sums 
        as may be necessary for fiscal year 2001, and each fiscal year 
        thereafter, to provide staff for monitoring in the People's 
        Republic of China that country's compliance with its 
        international trade obligations and to support the enforcement 
        of the trade laws of the United States, as part of an Overseas 
        Compliance Program which monitors abroad compliance with 
        international trade obligations and supports the enforcement of 
        United States trade laws.
            (2) Reporting.--The annual report on compliance by the 
        People's Republic of China submitted to the Congress under 
        section 421 of this Act shall include the findings of the 
        Overseas Compliance Program with respect to the People's 
        Republic of China.

    (c) United States Trade Representative.--There are authorized to be 
appropriated to the Office of the United States Trade Representative, in 
addition to amounts otherwise available for such purposes, such sums as 
may be necessary for fiscal year 2001, and each fiscal year thereafter, 
for additional staff in--
            (1) the Office of the General Counsel, the Monitoring and 
        Enforcement Unit, and the Office of the Deputy United States 
        Trade Representative in Geneva, Switzerland, to investigate, 
        prosecute, and defend cases before the WTO, and to administer 
        United States trade laws, including title III of the Trade Act 
        of 1974 (19 U.S.C. 2411 et seq.) and other trade laws relating 
        to intellectual property, government procurement, and 
        telecommunications, with respect to the People's Republic of 
        China;
            (2) the Office of Economic Affairs, to analyze the impact on 
        the economy of the United States, including United States 
        exports, of acts of the Government of the People's Republic of 
        China affecting access to markets in the People's Republic of 
        China and to support the Office of the General Counsel in 
        presenting cases to the WTO involving the People's Republic of 
        China;
            (3) the geographic office for the People's Republic of 
        China; and
            (4) offices relating to the WTO and to different sectors of 
        the economy, including agriculture, industry, services, and 
        intellectual property rights protection, to monitor and enforce 
        the trade agreement obligations of the People's Republic of 
        China in those sectors.

    (d) Department of Agriculture.--There are authorized to be 
appropriated to the Department of Agriculture, in addition to amounts 
otherwise available for such purposes, such sums as may be necessary for 
fiscal year 2001, and each fiscal year thereafter, for additional staff 
to increase legal and technical expertise in areas covered by trade 
agreements and United States trade law, including food safety and 
biotechnology, for purposes of monitoring compliance by the People's 
Republic of China with its trade agreement obligations.

[[Page 114 STAT. 903]]

Subtitle C--Report on Compliance by the People's Republic of China With 
                             WTO Obligations

SEC. <<NOTE: 22 USC 6951.>>  421. REPORT ON COMPLIANCE.

    (a) In <<NOTE: Deadline.>>  General.--Not later than 1 year after 
the entry into force of the Protocol of Accession of the People's 
Republic of China to the WTO, and annually thereafter, the Trade 
Representative shall submit a report to Congress on compliance by the 
People's Republic of China with commitments made in connection with its 
accession to the World Trade Organization, including both multilateral 
commitments and any bilateral commitments made to the United States.

    (b) <<NOTE: Federal Register, publication.>>  Public 
Participation.--In preparing the report described in subsection (a), the 
Trade Representative shall seek public participation by publishing a 
notice in the Federal Register and holding a public hearing.

 TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

  Subtitle A--Task Force on Prohibition of Importation of Products of 
       Forced or Prison Labor From the People's Republic of China

SEC. <<NOTE: 22 USC 6961.>>  501. ESTABLISHMENT OF TASK FORCE.

    There is hereby established a task force on prohibition of 
importation of products of forced or prison labor from the People's 
Republic of China (hereafter in this subtitle referred to as the ``Task 
Force'').

SEC. <<NOTE: 22 USC 6962.>>  502. FUNCTIONS OF TASK FORCE.

    The Task Force shall monitor and promote effective enforcement of 
and compliance with section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307) by performing the following functions:
            (1) Coordinate closely with the United States Customs 
        Service to promote maximum effectiveness in the enforcement by 
        the Customs Service of section 307 of the Tariff Act of 1930 
        with respect to the products of the People's Republic of China. 
        In order to assure such coordination, the Customs Service shall 
        keep the Task Force informed, on a regular basis, of the 
        progress of its investigations of allegations that goods are 
        being entered into the United States, or that such entry is 
        being attempted, in violation of the prohibition in section 307 
        of the Tariff Act of 1930 on entry into the United States of 
        goods mined, produced, or manufactured wholly or in part in the 
        People's Republic of China by convict labor, forced labor, or 
        indentured labor under penal sanctions. Such investigations may 
        include visits to foreign sites where goods allegedly are

[[Page 114 STAT. 904]]

        being mined, produced, or manufactured in a manner that would 
        lead to prohibition of their importation into the United States 
        under section 307 of the Tariff Act of 1930.
            (2) Make recommendations to the Customs Service on seeking 
        new agreements with the People's Republic of China to allow 
        Customs Service officials to visit sites where goods may be 
        mined, produced, or manufactured by convict labor, forced labor, 
        or indentured labor under penal sanctions.
            (3) Work with the Customs Service to assist the People's 
        Republic of China and other foreign governments in monitoring 
        the sale of goods mined, produced, or manufactured by convict 
        labor, forced labor, or indentured labor under penal sanctions 
        to ensure that such goods are not exported to the United States.
            (4) Coordinate closely with the Customs Service to promote 
        maximum effectiveness in the enforcement by the Customs Service 
        of section 307 of the Tariff Act of 1930 with respect to the 
        products of the People's Republic of China. In order to assure 
        such coordination, the Customs Service shall keep the Task Force 
        informed, on a regular basis, of the progress of its monitoring 
        of ports of the United States to ensure that goods mined, 
        produced, or manufactured wholly or in part in the People's 
        Republic of China by convict labor, forced labor, or indentured 
        labor under penal sanctions are not imported into the United 
        States.
            (5) Advise the Customs Service in performing such other 
        functions, consistent with existing authority, to ensure the 
        effective enforcement of section 307 of the Tariff Act of 1930.
            (6) Provide to the Customs Service all information obtained 
        by the departments represented on the Task Force relating to the 
        use of convict labor, forced labor, or/and indentured labor 
        under penal sanctions in the mining, production, or manufacture 
        of goods which may be imported into the United States.

SEC. <<NOTE: 22 USC 6963.>>  503. COMPOSITION OF TASK FORCE.

    The Secretary of the Treasury, the Secretary of Commerce, the 
Secretary of Labor, the Secretary of State, the Commissioner of Customs, 
and the heads of other executive branch agencies, as appropriate, acting 
through their respective designees at or above the level of Deputy 
Assistant Secretary, or in the case of the Customs Service, at or above 
the level of Assistant Commissioner, shall compose the Task Force. The 
designee of the Secretary of the Treasury shall chair the Task Force.

SEC. <<NOTE: 22 USC 6964.>>  504. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2001, and 
each fiscal year thereafter, such sums as may be necessary for the Task 
Force to carry out the functions described in section 502.

SEC. <<NOTE: 22 USC 6965.>>  505. REPORTS TO CONGRESS.

    (a) Frequency of <<NOTE: Deadline.>>  Reports.--Not later than the 
date that is 1 year after the date of the enactment of this Act, and not 
later than the end of each 1-year period thereafter, the Task Force 
shall submit to the Congress a report on the work of the Task Force 
during the preceding 1-year period.

    (b) Contents of Reports.--Each report under subsection (a) shall set 
forth, at a minimum--

[[Page 114 STAT. 905]]

            (1) the number of allegations of violations of section 307 
        of the Tariff Act of 1930 with respect to products of the 
        Peoples' Republic of China that were investigated during the 
        preceding 1-year period;
            (2) the number of actual violations of section 307 of the 
        Tariff Act of 1930 with respect to the products of the People's 
        Republic of China that were discovered during the preceding 1-
        year period;
            (3) in the case of each attempted entry of products of the 
        People's Republic of China in violation of such section 307 
        discovered during the preceding 1-year period--
                    (A) the identity of the exporter of the goods;
                    (B) the identity of the person or persons who 
                attempted to sell the goods for export; and
                    (C) the identity of all parties involved in 
                transshipment of the goods; and
            (4) such other information as the Task Force considers 
        useful in monitoring and enforcing compliance with section 307 
        of the Tariff Act of 1930.

   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

SEC. <<NOTE: 22 USC 6981.>>  511. ESTABLISHMENT OF TECHNICAL ASSISTANCE 
            AND RULE OF LAW PROGRAMS.

    (a) Commerce Rule of Law Program.--The Secretary of Commerce, in 
consultation with the Secretary of State, is authorized to establish a 
program to conduct rule of law training and technical assistance related 
to commercial activities in the People's Republic of China.
    (b) Labor Rule of Law Program.--
            (1) In general.--The Secretary of Labor, in consultation 
        with the Secretary of State, is authorized to establish a 
        program to conduct rule of law training and technical assistance 
        related to the protection of internationally recognized worker 
        rights in the People's Republic of China.
            (2) Use of amounts.--In carrying out paragraph (1), the 
        Secretary of Labor shall focus on activities including, but not 
        limited to--
                    (A) developing, laws, regulations, and other 
                measures to implement internationally recognized worker 
                rights;
                    (B) establishing national mechanisms for the 
                enforcement of national labor laws and regulations;
                    (C) training government officials concerned with 
                implementation and enforcement of national labor laws 
                and regulations; and
                    (D) developing an educational infrastructure to 
                educate workers about their legal rights and protections 
                under national labor laws and regulations.
            (3) Limitation.--The Secretary of Labor may not provide 
        assistance under the program established under this subsection 
        to the All-China Federation of Trade Unions.

    (c) Legal System and Civil Society Rule of Law Program.--The 
Secretary of State is authorized to establish a program to conduct rule 
of law training and technical assistance related to

[[Page 114 STAT. 906]]

development of the legal system and civil society generally in the 
People's Republic of China.
    (d) Conduct of Programs.--The programs authorized by this section 
may be used to conduct activities such as seminars and workshops, 
drafting of commercial and labor codes, legal training, publications, 
financing the operating costs for nongovernmental organizations working 
in this area, and funding the travel of individuals to the United States 
and to the People's Republic of China to provide and receive training.

SEC. <<NOTE: 22 USC 6982.>>  512. ADMINISTRATIVE AUTHORITIES.

    In carrying out the programs authorized by section 511, the 
Secretary of Commerce and the Secretary of Labor (in consultation with 
the Secretary of State) may utilize any of the authorities contained in 
the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980.

SEC. <<NOTE: 22 USC 6983.>>  513. PROHIBITION RELATING TO HUMAN RIGHTS 
            ABUSES.

    Amounts made available to carry out this subtitle may not be 
provided to a component of a ministry or other administrative unit of 
the national, provincial, or other local governments of the People's 
Republic of China, to a nongovernmental organization, or to an official 
of such governments or organizations, if the President has credible 
evidence that such component, administrative unit, organization or 
official has been materially responsible for the commission of human 
rights violations.

SEC. <<NOTE: 22 USC 6984.>>  514. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commercial Law Program.--There are authorized to be appropriated 
to the Secretary of Commerce to carry out the program described in 
section 511(a) such sums as may be necessary for fiscal year 2001, and 
each fiscal year thereafter.
    (b) Labor Law Program.--There are authorized to be appropriated to 
the Secretary of Labor to carry out the program described in section 
511(b) such sums as may be necessary for fiscal year 2001, and each 
fiscal year thereafter.
    (c) Legal System and Civil Society Rule of Law Program.--There are 
authorized to be appropriated to the Secretary of State to carry out the 
program described in section 511(c) such sums as may be necessary for 
fiscal year 2001, and each fiscal year thereafter.
    (d) Construction With Other Laws.--Except as provided in this 
division, funds may be made available to carry out the purposes of this 
subtitle notwithstanding any other provision of law.

                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

SEC. <<NOTE: 22 USC 6991.>>  601. ACCESSION OF TAIWAN TO THE WTO.

    It is the sense of the Congress that--
            (1) immediately upon approval by the General Council of the 
        WTO of the terms and conditions of the accession of the People's 
        Republic of China to the WTO, the United States representative 
        to the WTO should request that the General Council of the WTO 
        consider Taiwan's accession to the WTO

[[Page 114 STAT. 907]]

        as the next order of business of the Council during the same 
        session; and
            (2) the United States should be prepared to aggressively 
        counter any effort by any WTO member, upon the approval of the 
        General Council of the WTO of the terms and conditions of the 
        accession of the People's Republic of China to the WTO, to block 
        the accession of Taiwan to the WTO.

                        TITLE VII--RELATED ISSUES

SEC. <<NOTE: 22 USC 7001.>>  701. AUTHORIZATIONS OF APPROPRIATIONS FOR 
            BROADCASTING CAPITAL IMPROVEMENTS AND INTERNATIONAL 
            BROADCASTING OPERATIONS.

    (a) Broadcasting Capital Improvements.--In addition to such sums as 
may otherwise be authorized to be appropriated, there are authorized to 
be appropriated for ``Department of State and Related Agency, Related 
Agency, Broadcasting Board of Governors, Broadcasting Capital 
Improvements'' $65,000,000 for the fiscal year 2001.
    (b) International Broadcasting Operations.--
            (1) Authorization of appropriations.--In addition to such 
        sums as are otherwise authorized to be appropriated, there are 
        authorized to be appropriated $34,000,000 for each of the fiscal 
        years 2001 and 2002 for ``Department of State and Related 
        Agency, Related Agency, Broadcasting Board of Governors, 
        International Broadcasting Operations'' for the purposes under 
        paragraph (2).
            (2) Uses of funds.--In addition to other authorized 
        purposes, funds appropriated pursuant to paragraph (1) shall be 
        used for the following:
                    (A) To increase personnel for the program 
                development office to enhance marketing programming in 
                the People's Republic of China and neighboring 
                countries.
                    (B) To enable Radio Free Asia's expansion of news 
                research, production, call-in show capability, and web 
                site/Internet enhancement for the People's Republic of 
                China and neighboring countries.

[[Page 114 STAT. 908]]

                    (C) VOA enhancements, including the opening of new 
                news bureaus in Taipei and Shanghai, enhancement of TV 
                Mandarin, and an increase of stringer presence abroad.

    Approved October 10, 2000.

LEGISLATIVE HISTORY--H.R. 4444 (S. 2277):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-632 (Comm. on Ways and Means).
SENATE REPORTS: No. 106-305 accompanying S. 2277 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            May 23, 24, considered and passed House.
            Sept. 7, 8, 11-15, 19, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 10, Presidential remarks.

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