I
106TH CONGRESS
2D SESSION
H. R. 4306
To provide for commercial and labor rule of law programs in the People’s
Republic of China to enhance rationality and accountability in the admin-
istration of justice in the commercial area, strengthen labor rights protec-
tion, and lay the intellectual and institutional groundwork for further
reforms.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. GEJDENSON (for himself, Mr. BEREUTER, Mr. PORTER, Mr. BERMAN,
Mr. ACKERMAN, Mr. HASTINGS of Florida, and Mrs. LOWEY) introduced
the following bill; which was referred to the Committee on International
Relations
A BILL
To provide for commercial and labor rule of law programs
in the People’s Republic of China to enhance rationality
and accountability in the administration of justice in
the commercial area, strengthen labor rights protection,
and lay the intellectual and institutional groundwork for
further reforms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Commercial Competitiveness and Labor Rights in China
Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Establishment of rule of law programs.
Sec. 4. Administrative authorities.
Sec. 5. Prohibition relating to human rights abuses.
Sec. 6. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—
(1) The United States and the People’s Repub-
lic of China signed a bilateral agreement on Novem-
ber 15, 1999, on accession of China to the World
Trade Organization (hereinafter referred to as the
‘‘China-WTO Agreement’’), under which China
made a detailed set of concessions eliminating or
limiting tariff and non-tariff barriers to trade in
order to become a member of the World Trade Or-
ganization (WTO).
(2) Under the China-WTO Agreement, the Gov-
ernment of the People’s Republic of China will be re-
quired to amend many of its laws, transform its in-
stitutions, and change its policies to bring them into
conformity with international trade rules.
(3) Officials of the Government of the People’s
Republic of China, both at the national and provin-
cial levels, must interpret and implement the terms
and conditions of the China-WTO Agreement and
the WTO regime into concrete policies, rules, and
regulations—a process which can materially benefit
or harm United States companies and their workers.
(4) The China-WTO Agreement, despite the
desperate need in the People’s Republic of China for
independent labor unions and other resources which
inform workers of their rights and fight against ex-
ploitative working conditions, does not require China
to make changes in the labor rights area.
(5) The United States currently provides a
small amount of assistance to promote the rule of
law in the People’s Republic of China, but does not
have authorization to help officials of the Chinese
Government to write the laws, rules, and regulations
necessary to implement its obligations under the
China-WTO Agreement, or to promote better en-
forcement of labor laws and regulations and respect
for core labor rights as developed by the Inter-
national Labor Organization.
(6) Major United States trade competitors, in-
cluding the European Union, Japan, France, Ger-
many, Canada, and Australia, have already launched
extensive, multi-year rule of law programs in the
People’s Republic of China designed to promote ra-
tionality and openness in the administration of com-
mercial law as well as to assist the People’s Republic
of China in revising its trade and investment laws to
make them consistent with the requirements of the
WTO, through training programs, workshops, semi-
nars, and exchanges.
(7) It is critical that the United States aggres-
sively protect its hard-won concessions from the Peo-
ple’s Republic of China relating to WTO member-
ship by ensuring that China—
(A) writes laws, rules, and regulations that
are fair, open, and transparent, and that do not
discriminate against United States commercial
interests; and
(B) revises and expands existing labor leg-
islation to bring labor laws into compliance with
internationally-recognized core labor standards,
as defined by the International Labor Organiza-
tion, and as noted in the International Cov-
enants on Civil and Political Rights, and Eco-
nomic, Social and Cultural Rights.
(8) Over the last eight years, the Commercial
Law Development Division of the United States De-
partment of Commerce has dispatched United States
lawyers to developing countries to help such coun-
tries improve their laws and institutions in order to
promote economic reform and compliance with inter-
national trade regimes.
(9) Extending commercial and labor rule of law
programs in the People’s Republic of China will fur-
ther United States national interests even if the
Government of China continues to impede the devel-
opment of the rule of law in others aspects of Chi-
nese society.
(b) PURPOSE.—The purpose of this Act is to estab-
lish commercial and labor rule of law programs in the Peo-
ple’s Republic of China to enhance rationality and ac-
countability in the administration of justice in the com-
mercial area, strengthen labor rights protection, and lay
the intellectual and institutional groundwork for further
reforms.
SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS.
(a) COMMERCIAL RULE OF LAW PROGRAM.—
(1) IN GENERAL.—The Secretary of Commerce,
in consultation with the Secretary of State and the
Administrator of the United States Agency for
International Development, is authorized to establish
a program to conduct rule of law training and tech-
nical assistance related to commercial activities in
the People’s Republic of China.
(2) ROLE OF THE SECRETARY OF STATE.—The
Secretary of State shall provide foreign policy guid-
ance to the Secretary of Commerce to ensure that
the program established under paragraph (1) is ef-
fectively integrated into the foreign policy of the
United States.
(b) LABOR RULE OF LAW PROGRAM.—
(1) IN GENERAL.—The Secretary of State, in
consultation with the Secretary of Labor, is author-
ized to establish a program to conduct rule of law
training and technical assistance related to labor ac-
tivities in the People’s Republic of China.
(2) LIMITATION.—The Secretary of State shall
not provide assistance under the program authorized
by paragraph (1) to the All-China Federation of
Trade Unions.
(c) CONDUCT OF PROGRAMS.—The programs author-
ized 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 op-
erating 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. 4. ADMINISTRATIVE AUTHORITIES.
In carrying out the programs authorized by section
3, the Secretary of Commerce and 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. 5. PROHIBITION RELATING TO HUMAN RIGHTS
ABUSES.
Amounts made available to carry out this Act may
not be provided to a component of a ministry or other ad-
ministrative unit of the national, provincial, or other local
governments of the People’s Republic of China, to a non-
governmental organization, or to an official of such gov-
ernments or organizations, if the President has credible
evidence that such component, administrative unit, organi-
zation or official has been materially responsible for the
commission of human rights violations.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) COMMERCIAL LAW PROGRAM.—There are author-
ized to be appropriated to the Secretary of Commerce to
carry out the program described in section 3(a) such sums
as may be necessary for fiscal year 2001 and each subse-
quent fiscal year.
(b) LABOR LAW PROGRAM.—There are authorized to
be appropriated to the Secretary of State to carry out the
program described in section 3(b) such sums as may be
necessary for fiscal year 2001 and each subsequent fiscal
year.
(c) CONSTRUCTION WITH OTHER LAWS.—Except as
provided in this Act, funds appropriated pursuant to the
authorization of appropriations in this section may be obli-
gated or expended notwithstanding any other provision of
law.
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