PUBLIC LAW 106–286—OCT. 10, 2000

NORMAL TRADE RELATIONS FOR THE

PEOPLE’S REPUBLIC OF CHINA

114 STAT. 880 PUBLIC LAW 106–286—OCT. 10, 2000

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.

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. 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.

Oct. 10, 2000

[H.R. 4444]

PUBLIC LAW 106–286—OCT. 10, 2000 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. 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

19 USC 2431

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114 STAT. 882 PUBLIC LAW 106–286—OCT. 10, 2000

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

19 USC 2451.

19 USC 2431

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PUBLIC LAW 106–286—OCT. 10, 2000 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) 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.

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‘‘(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.

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‘‘(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

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114 STAT. 886 PUBLIC LAW 106–286—OCT. 10, 2000

‘‘(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

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PUBLIC LAW 106–286—OCT. 10, 2000 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 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

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19 USC 2451a.

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114 STAT. 888 PUBLIC LAW 106–286—OCT. 10, 2000

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,

PUBLIC LAW 106–286—OCT. 10, 2000 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) 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

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114 STAT. 890 PUBLIC LAW 106–286—OCT. 10, 2000

industry, its workers and the communities where

production facilities of such industry are located, and

on other domestic industries.

‘‘(C) The Commission, after submitting a report to the

President under subparagraph (A), shall promptly make it

available to the public (with the exception of confidential business information) and cause a summary thereof to be published

in the Federal Register.

‘‘(f ) PUBLIC COMMENT.—If consultations fail to lead to an agreement with the People’s Republic of China or the WTO member

concerned within 60 days, the Trade Representative shall promptly

publish notice in the Federal Register of any proposed action to

prevent or remedy the trade diversion, and provide an opportunity

for interested persons to present views and evidence on whether

the proposed action is in the public interest.

‘‘(g) RECOMMENDATION TO THE PRESIDENT.—Within 20 days

after the end of consultations pursuant to subsection (e), the Trade

Representative shall make a recommendation to the President on

what action, if any, should be taken to prevent or remedy the

trade diversion or threat thereof.

‘‘(h) PRESIDENTIAL ACTION.—Within 20 days after receipt of

the recommendation from the Trade Representative, the President

shall determine what action to take to prevent or remedy the

trade diversion or threat thereof.

‘‘(i) DURATION OF ACTION.—Action taken under subsection (h)

shall be terminated not later than 30 days after expiration of

the action taken by the WTO member or members involved against

imports from the People’s Republic of China.

‘‘( j) REVIEW OF CIRCUMSTANCES.—(1) The Commission shall

review the continued need for action taken under subsection (h)

if the WTO member or members involved notify the Committee

on Safeguards of the WTO of any modification in the action taken

by them against the People’s Republic of China pursuant to consultation referred to in subsection (a). The Commission shall, not

later than 60 days after such notification, determine whether a

significant diversion of trade continues to exist and report its determination to the President. The President shall determine, within

15 days after receiving the Commission’s report, whether to modify,

withdraw, or keep in place the action taken under subsection (h).

‘‘SEC. 423. REGULATIONS; TERMINATION OF PROVISION.

‘‘(a) TO CARRY OUT RESTRICTIONS AND MONITORING.—The President shall by regulation provide for the efficient and fair administration of any restriction proclaimed pursuant to the subtitle and

to provide for effective monitoring of imports under section 422(a).

‘‘(b) TO CARRY OUT AGREEMENTS.—To carry out an agreement

concluded pursuant to consultations under section 421( j) or

422(e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered

by such agreement.

‘‘(c) TERMINATION DATE.—This subtitle and any regulations

issued under this subtitle shall cease to be effective 12 years after

the date of entry into force of the Protocol of Accession of the

People’s Republic of China to the WTO.’’.

(b) CONFORMING AMENDMENT.—The table of contents of the

Trade Act of 1974 is amended—

(1) in the item relating to title IV, by striking the following:

19 USC 2451b.

Deadline.

Deadline.

Federal Register,

publication.

Federal Register,

publication.

PUBLIC LAW 106–286—OCT. 10, 2000 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 B—UNITED STATES-CHINA

RELATIONS

TITLE II—GENERAL PROVISIONS

SEC. 201. SHORT TITLE OF DIVISION; TABLE OF CONTENTS OF DIVISION.

(a) SHORT TITLE OF DIVISION.—This division may be cited as

the ‘‘U.S.-China Relations Act of 2000’’.

(b) TABLE OF CONTENTS OF DIVISION.—The table of contents

of this division is as follows:

DIVISION B—UNITED STATES-CHINA RELATIONS

TITLE II—GENERAL PROVISIONS

Sec. 201. Short title of division; table of contents of division.

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.

22 USC 6901

note.

U.S.-China

Relations Act of

2000.

114 STAT. 892 PUBLIC LAW 106–286—OCT. 10, 2000

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, 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

22 USC 6901.

PUBLIC LAW 106–286—OCT. 10, 2000 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 traderelated 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—

22 USC 6902.

114 STAT. 894 PUBLIC LAW 106–286—OCT. 10, 2000

(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

22 USC 6903.

PUBLIC LAW 106–286—OCT. 10, 2000 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. 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;

22 USC 6912.

22 USC 6911.

114 STAT. 896 PUBLIC LAW 106–286—OCT. 10, 2000

(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;

PUBLIC LAW 106–286—OCT. 10, 2000 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 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.

Deadline.

Deadline.

Deadline.

114 STAT. 898 PUBLIC LAW 106–286—OCT. 10, 2000

(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.

22 USC 6913.

PUBLIC LAW 106–286—OCT. 10, 2000 114 STAT. 899

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

22 USC 6918.

22 USC 6917.

22 USC 6916.

22 USC 6915.

22 USC 6914.

114 STAT. 900 PUBLIC LAW 106–286—OCT. 10, 2000

(2) the Chairman and Cochairman shall each have the

authority to appoint, with the approval of the personnel and

administration committee, at least four professional staff members who shall be responsible to the Chairman or the Cochairman (as the case may be) who appointed them.

Subject to subsection (d), the personnel and administration committee may appoint and fix the pay of such other personnel as

it considers desirable.

(c) STAFF APPOINTMENTS.—All staff appointments shall be made

without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service, and without

regard to the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and general schedule pay

rates.

(d) QUALIFICATIONS OF PROFESSIONAL STAFF.—The personnel

and administration committee shall ensure that the professional

staff of the Commission consists of persons with expertise in areas

including human rights, internationally recognized worker rights,

international economics, law (including international law), rule of

law and other foreign assistance programming, Chinese politics,

economy and culture, and the Chinese language.

(e) COMMISSION EMPLOYEES AS CONGRESSIONAL EMPLOYEES.—

(1) IN GENERAL.—For purposes of pay and other employment benefits, rights, and privileges, and for all other purposes,

any employee of the Commission shall be considered to be

a congressional employee as defined in section 2107 of title

5, United States Code.

(2) COMPETITIVE STATUS.—For purposes of section

3304(c)(1) of title 5, United States Code, employees of the

Commission shall be considered as if they are in positions

in which they are paid by the Secretary of the Senate or

the Clerk of the House of Representatives.

SEC. 309. PRINTING AND BINDING COSTS.

For purposes of costs relating to printing and binding, including

the costs of personnel detailed from the Government Printing Office,

the Commission shall be deemed to be a committee of the Congress.

TITLE IV—MONITORING AND ENFORCEMENT OF THE PEOPLE’S REPUBLIC

OF CHINA’S WTO COMMITMENTS

Subtitle A—Review of Membership of the

People’s Republic of China in the WTO

SEC. 401. REVIEW WITHIN THE WTO.

It shall be the objective of the United States to obtain as

part of the Protocol of Accession of the People’s Republic of China

to the WTO, an annual review within the WTO of the compliance

by the People’s Republic of China with its terms of accession to

the WTO.

22 USC 6931.

22 USC 6919.

PUBLIC LAW 106–286—OCT. 10, 2000 114 STAT. 901

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.—

22 USC 6943.

22 USC 6942.

22 USC 6941.

114 STAT. 902 PUBLIC LAW 106–286—OCT. 10, 2000

(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.

PUBLIC LAW 106–286—OCT. 10, 2000 114 STAT. 903

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

22 USC 6962.

22 USC 6961.

Federal Register,

publication.

Deadline.

22 USC 6951.

114 STAT. 904 PUBLIC LAW 106–286—OCT. 10, 2000

being mined, produced, or manufactured in a manner that

would lead to prohibition of their importation into the United

States under section 307 of the Tariff Act of 1930.

(2) Make recommendations to the Customs Service on

seeking new agreements with the People’s Republic of China

to allow Customs Service officials to visit sites where goods

may be mined, produced, or manufactured by convict labor,

forced labor, or indentured labor under penal sanctions.

(3) Work with the Customs Service to assist the People’s

Republic of China and other foreign governments in monitoring

the sale of goods mined, produced, or manufactured by convict

labor, forced labor, or indentured labor under penal sanctions

to ensure that such goods are not exported to the United

States.

(4) Coordinate closely with the Customs Service to promote

maximum effectiveness in the enforcement by the Customs

Service of section 307 of the Tariff Act of 1930 with respect

to the products of the People’s Republic of China. In order

to assure such coordination, the Customs Service shall keep

the Task Force informed, on a regular basis, of the progress

of its monitoring of ports of the United States to ensure that

goods mined, produced, or manufactured wholly or in part

in the People’s Republic of China by convict labor, forced labor,

or indentured labor under penal sanctions are not imported

into the United States.

(5) Advise the Customs Service in performing such other

functions, consistent with existing authority, to ensure the effective enforcement of section 307 of the Tariff Act of 1930.

(6) Provide to the Customs Service all information obtained

by the departments represented on the Task Force relating

to the use of convict labor, forced labor, or/and indentured

labor under penal sanctions in the mining, production, or manufacture of goods which may be imported into the United States.

SEC. 503. COMPOSITION OF TASK FORCE.

The Secretary of the Treasury, the Secretary of Commerce,

the Secretary of Labor, the Secretary of State, the Commissioner

of Customs, and the heads of other executive branch agencies,

as appropriate, acting through their respective designees at or

above the level of Deputy Assistant Secretary, or in the case of

the Customs Service, at or above the level of Assistant Commissioner, shall compose the Task Force. The designee of the Secretary

of the Treasury shall chair the Task Force.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for fiscal year 2001,

and each fiscal year thereafter, such sums as may be necessary

for the Task Force to carry out the functions described in section

502.

SEC. 505. REPORTS TO CONGRESS.

(a) FREQUENCY OF REPORTS.—Not later than the date that

is 1 year after the date of the enactment of this Act, and not

later than the end of each 1-year period thereafter, the Task Force

shall submit to the Congress a report on the work of the Task

Force during the preceding 1-year period.

(b) CONTENTS OF REPORTS.—Each report under subsection (a)

shall set forth, at a minimum—

Deadline.

22 USC 6965.

22 USC 6964.

22 USC 6963.

PUBLIC LAW 106–286—OCT. 10, 2000 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. 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

22 USC 6981.

114 STAT. 906 PUBLIC LAW 106–286—OCT. 10, 2000

development of the legal system and civil society generally in the

People’s Republic of China.

(d) CONDUCT OF PROGRAMS.—The programs authorized by this

section may be used to conduct activities such as seminars and

workshops, drafting of commercial and labor codes, legal training,

publications, financing the operating costs for nongovernmental

organizations working in this area, and funding the travel of

individuals to the United States and to the People’s Republic of

China to provide and receive training.

SEC. 512. ADMINISTRATIVE AUTHORITIES.

In carrying out the programs authorized by section 511, the

Secretary of Commerce and the Secretary of Labor (in consultation

with the Secretary of State) may utilize any of the authorities

contained in the Foreign Assistance Act of 1961 and the Foreign

Service Act of 1980.

SEC. 513. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.

Amounts made available to carry out this subtitle may not

be provided to a component of a ministry or other administrative

unit of the national, provincial, or other local governments of the

People’s Republic of China, to a nongovernmental organization,

or to an official of such governments or organizations, if the President has credible evidence that such component, administrative

unit, organization or official has been materially responsible for

the commission of human rights violations.

SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

(a) COMMERCIAL LAW PROGRAM.—There are authorized to be

appropriated to the Secretary of Commerce to carry out the program

described in section 511(a) such sums as may be necessary for

fiscal year 2001, and each fiscal year thereafter.

(b) LABOR LAW PROGRAM.—There are authorized to be appropriated to the Secretary of Labor to carry out the program described

in section 511(b) such sums as may be necessary for fiscal year

2001, and each fiscal year thereafter.

(c) LEGAL SYSTEM AND CIVIL SOCIETY RULE OF LAW PROGRAM.— There are authorized to be appropriated to the Secretary of State

to carry out the program described in section 511(c) such sums

as may be necessary for fiscal year 2001, and each fiscal year

thereafter.

(d) CONSTRUCTION WITH OTHER LAWS.—Except as provided

in this division, funds may be made available to carry out the

purposes of this subtitle notwithstanding any other provision of

law.

TITLE VI—ACCESSION OF TAIWAN TO

THE WTO

SEC. 601. ACCESSION OF TAIWAN TO THE WTO.

It is the sense of the Congress that—

(1) immediately upon approval by the General Council of

the WTO of the terms and conditions of the accession of the

People’s Republic of China to the WTO, the United States

representative to the WTO should request that the General

Council of the WTO consider Taiwan’s accession to the WTO

22 USC 6991.

22 USC 6984.

22 USC 6983.

22 USC 6982.

PUBLIC LAW 106–286—OCT. 10, 2000 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. 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.

22 USC 7001.

114 STAT. 908 PUBLIC LAW 106–286—OCT. 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.

Æ

(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.