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termines 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 sub-
section (k) is to terminate, the Commission shall inves-
tigate to determine whether action under this section con-
tinues to be necessary to prevent or remedy market dis-
ruption.
‘‘(2) The Commission shall publish notice of the com-
mencement of any proceeding under this subsection in the
Federal Register and shall, within a reasonable time there-
after, 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 other-
wise to be heard.
‘‘(3) The Commission shall transmit to the President
a report on its investigation and determination under this
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subsection not later than 60 days before the action under
subsection (m) is to terminate.
‘‘(4) The President, after receiving an affirmative de-
termination from the Commission under paragraph (3),
may extend the effective period of any action under this
section if the President determines that the action con-
tinues 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 Rep-
resentative shall inform the United States Customs Serv-
ice, 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 Presi-
dent or the Trade Representative, upon resolution of ei-
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ther of the Committees, or on its own motion, the Commis-
sion 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 com-
mencement of any proceeding under this subsection in the
Federal Register and shall, within a reasonable time there-
after, 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 con-
ducted 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 pre-
vent or remedy market disruption in a WTO mem-
ber other than the United States;
‘‘(2) by a WTO member other than the United
States to withdraw concessions under the WTO
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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 di-
version or the threat thereof exists for purposes of this
section, the Commission shall take into account, to the ex-
tent such evidence is reasonably available—
‘‘(A) the monitoring conducted under sub-
section (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;
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‘‘(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 ex-
ports from the People’s Republic of China to coun-
tries other than the United States;
‘‘(H) cyclical or seasonal trends in import vol-
umes 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 sub-
paragraphs (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 investiga-
tion that led to a request for consultations described in
subsection (a).
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‘‘(3) If more than one action by a WTO member or
WTO members against a particular product is identified
in the petition, request, or resolution under subsection (b)
or during the investigation, the Commission may cumula-
tively 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 trans-
mit to the President and the Trade Representative its de-
termination under subsection (b) at the earliest prac-
ticable time, but in no case later than 45 days after the
date on which the petition is filed, the request or resolu-
tion 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 diver-
sion or threat thereof into the domestic market of the
United States, and should seek to conclude such agree-
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ments before the expiration of the 60-day consultation pe-
riod provided for under the product-specific safeguard pro-
vision 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 con-
siders to be an affirmative determination pursuant to
paragraph (1).
‘‘(3) REPORT BY COMMISSION.—
‘‘(A) Not later than 10 days after a determina-
tion 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 re-
port required under subparagraph (A) the following:
‘‘(i) The determination made under sub-
section (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 af-
firmative under subsection (e)(1), the rec-
ommendations of the Commission on increased
tariffs or other import restrictions to be im-
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posed 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 affirma-
tive determination under subsection (b) are eli-
gible 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 de-
termination 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 rec-
ommended under clause (ii) is likely to
have on the petitioning domestic industry,
on other domestic industries, and on con-
sumers; and
‘‘(II) the short- and long-term effects
of not taking the recommended action on
the petitioning domestic industry, its work-
ers and the communities where production
facilities of such industry are located, and
on other domestic industries.
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‘‘(C) The Commission, after submitting a re-
port 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 Fed-
eral 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 Fed-
eral Register of any proposed action to prevent or remedy
the trade diversion, and provide an opportunity for inter-
ested persons to present views and evidence on whether
the proposed action is in the public interest.
‘‘(g) RECOMMENDATION TO THE PRESIDENT.—With-
in 20 days after the end of consultations pursuant to sub-
section (e), the Trade Representative shall make a rec-
ommendation 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 Represent-
ative, the President shall determine what action to take
to prevent or remedy the trade diversion or threat thereof.
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‘‘(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 Commis-
sion 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 Peo-
ple’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 sig-
nificant diversion of trade continues to exist and report
its determination to the President. The President shall de-
termine, 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 MONI-
TORING.—The President shall by regulation provide for
the efficient and fair administration of any restriction pro-
claimed pursuant to the subtitle and to provide for effec-
tive monitoring of imports under section 422(a).
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‘‘(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 ef-
fective 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 on con-
tents of the Trade Act of 1974 is amended—
(1) in the item relating to title IV, by striking
the following:
‘‘CURRENTLY’’;
(2) by inserting before the item relating to sec-
tion 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.’’.
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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 Peo-
ple’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 sub-
poenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.
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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 improve-
ments and international broadcasting operations.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) In 1980, the United States opened trade re-
lations with the People’s Republic of China by enter-
ing into a bilateral trade agreement, which was ap-
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proved by joint resolution enacted pursuant to sec-
tion 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 au-
thority 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 memo-
randum of understanding on market access in 1992,
two agreements on intellectual property rights pro-
tection in 1992 and 1995, and an agreement on ag-
ricultural cooperation in 1999.
(4) Trade in goods between the People’s Repub-
lic of China and the United States totaled almost
$95,000,000,000 in 1999, compared with approxi-
mately $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
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nontariff barriers, including import licensing, tech-
nology transfer, and local content requirements.
(7) United States businesses attempting to sell
goods to markets in the People’s Republic of China
have complained of uneven application of tariffs,
customs procedures, and other laws, rules, and ad-
ministrative 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 bi-
lateral 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 Repub-
lic of China made in its November 15, 1999, agree-
ment 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
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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 di-
minish the benefit to United States businesses,
farmers, and workers from the People’s Republic of
China’s implementation of those earlier commit-
ments. Notably, administration of tariff-rate quotas
and other trade-related laws remains opaque, new
local content requirements have proliferated, restric-
tions on importation of animal and plant products
are not always supported by sound science, and li-
censing requirements for importation and distribu-
tion of goods remain common. Finally, the Govern-
ment of the People’s Republic of China has failed to
cooperate with the United States Customs Service in
implementing a 1992 memorandum of under-
standing prohibiting trade in products made by pris-
on labor.
(11) The human rights record of the People’s
Republic of China is a matter of very serious con-
cern 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
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year, as the Government intensified efforts to sup-
press 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, de-
nial in many cases, particularly politically sensitive
ones, of effective representation by counsel and pub-
lic 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 or-
ganize labor unions or bargain collectively with their
employers, and failure to implement a 1992 memo-
randum of understanding prohibiting trade in prod-
ucts made by prison labor.
SEC. 203. POLICY.
It is the policy of the United States—
(1) to develop trade relations that broaden the
benefits of trade, and lead to a leveling up, rather
than a leveling down, of labor, environmental, com-
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mercial rule of law, market access, anticorruption,
and other standards across national borders;
(2) to pursue effective enforcement of trade-re-
lated and other international commitments by for-
eign governments through enforcement mechanisms
of international organizations and through the appli-
cation of United States law as appropriate;
(3) to encourage foreign governments to con-
duct both commercial and noncommercial affairs ac-
cording to the rule of law developed through demo-
cratic processes;
(4) to encourage the Government of the Peo-
ple’s Republic of China to afford its workers inter-
nationally recognized worker rights;
(5) to encourage the Government of the Peo-
ple’s Republic of China to protect the human rights
of people within the territory of the People’s Repub-
lic 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 move-
ment and freedom to choose a residence within
the People’s Republic of China and the right to
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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 suffi-
cient 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
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violations of human rights by foreign governments
and to seek the support of other governments in
urging improvements in human rights practices.
SEC. 204. DEFINITIONS.
In this division:
(1) DISPUTE SETTLEMENT UNDERSTANDING.—
The term ‘‘Dispute Settlement Understanding’’
means the Understanding on Rules and Procedures
Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agree-
ments 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 gov-
ernmental entity, including any provincial, prefec-
tural, or local entity and any enterprise that is con-
trolled by the central Government or any such gov-
ernmental entity or as to which the central Govern-
ment 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.
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2467(4)) and includes the right to the elimination of
the ‘‘worst forms of child labor’’, as defined in sec-
tion 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 mem-
ber’’ has the meaning given that term in section
2(10) of the Uruguay Round Agreements Act (19
U.S.C. 3501(10)).
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TITLE III—CONGRESSIONAL-EX-
ECUTIVE 
COMMISSION 
ON
THE PEOPLE’S REPUBLIC OF
CHINA
SEC. 301. ESTABLISHMENT OF CONGRESSIONAL-EXECU-
TIVE COMMISSION ON THE PEOPLE’S REPUB-
LIC OF CHINA.
There is established a Congressional-Executive Com-
mission 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, in-
cluding, but not limited to, effectively affording—
(1) the right to engage in free expression with-
out fear of any prior restraints;
(2) the right to peaceful assembly without re-
strictions, in accordance with international law;
(3) religious freedom, including the right to
worship free of involvement of and interference by
the government;
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(4) the right to liberty of movement and free-
dom to choose a residence within the People’s Re-
public of China and the right to leave from and re-
turn to the People’s Republic of China;
(5) the right of a criminal defendant—
(A) to be tried in his or her presence, and
to defend himself or herself in person or
through legal assistance of his or her own
choosing;
(B) to be informed, if he or she does not
have legal assistance, of the right set forth in
subparagraph (A);
(C) to have legal assistance assigned to
him or her in any case in which the interests
of justice so require and without payment by
him or her in any such case if he or she does
not have sufficient means to pay for it;
(D) to a fair and public hearing by a com-
petent, independent, and impartial tribunal es-
tablished 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;
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(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 citi-
zen’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 other-
wise persecuted by the Government of the People’s Repub-
lic 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 fami-
lies.
(c) MONITORING
DEVELOPMENT
OF
RULE
OF
LAW.—The Commission shall monitor the development of
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the rule of law in the People’s Republic of China, includ-
ing, but not limited to—
(1) progress toward the development of institu-
tions 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 be-
come 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 acces-
sible to the public;
(4) the extent to which administrative and judi-
cial 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 Repub-
lic of China without regard to citizenship;
(6) the extent to which administrative and judi-
cial decisions are independent of political pressure or
governmental interference and are reviewed by enti-
ties of appellate jurisdiction; and
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(7) the extent to which laws in the People’s Re-
public 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 pri-
vate organizations with a view toward increasing the inter-
change 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 de-
scribed in subsection (a); and
(2) developing the rule of law in the People’s
Republic of China.
(e) CONTACTS WITH NONGOVERNMENTAL ORGANI-
ZATIONS.—In performing the functions described in sub-
sections (a) through (d), the Commission shall, as appro-
priate, seek out and maintain contacts with nongovern-
mental organizations, including receiving reports and up-
dates from such organizations and evaluating such re-
ports.
(f) COOPERATION WITH SPECIAL COORDINATOR.—
In performing the functions described in subsections (a)
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through (d), the Commission shall cooperate with the Spe-
cial 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 there-
after, setting forth the findings of the Commission during
the preceding 12-month period, in carrying out sub-
sections (a) through (c). The Commission’s report may
contain recommendations for legislative or executive ac-
tion.
(h) SPECIFIC INFORMATION IN ANNUAL REPORTS.—
The Commission’s report under subsection (g) shall in-
clude specific information as to the nature and implemen-
tation 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 RE-
PORTS.—(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,
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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 Inter-
national Relations within 45 days after receipt by the Con-
gress of the report referred to in subsection (g), it shall
be reported by the committee not later than 60 days after
receipt by the Congress of such report.
(2) The provisions of paragraph (1) are enacted by
the Congress—
(A) as an exercise of the rulemaking power of
the House of Representatives, and as such are
deemed a part of the rules of the House, and they
supersede other rules only to the extent that they
are inconsistent therewith; and
(B) with full recognition of the constitutional
right of the House to change the rules (so far as re-
lating 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
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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 fol-
lows:
(1) Nine Members of the House of Representa-
tives appointed by the Speaker of the House of Rep-
resentatives. Five members shall be selected from
the majority party and four members shall be se-
lected, 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.
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(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 be-
ginning of each odd-numbered Congress, the Presi-
dent 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-num-
bered Congress, the Speaker of the House of Rep-
resentatives shall designate one of the members of
the Commission from the House as Chairman of the
Commission.
(2) DESIGNATION OF COCHAIRMAN.—At the be-
ginning of each odd-numbered Congress, the Speak-
er of the House of Representatives shall designate
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one of the members of the Commission from the
House as Cochairman of the Commission. At the be-
ginning of each even-numbered Congress, the Presi-
dent of the Senate, on the recommendation of the
majority leader, shall designate one of the members
of the Commission from the Senate as Cochairman
of the Commission.
SEC. 304. VOTES OF THE COMMISSION.
Decisions of the Commission, including adoption of
reports and recommendations to the executive branch or
to the Congress, shall be made by a majority vote of the
members of the Commission present and voting. Two-
thirds of the Members of the Commission shall constitute
a quorum for purposes of conducting business.
SEC. 305. EXPENDITURE OF APPROPRIATIONS.
For each fiscal year for which an appropriation is
made to the Commission, the Commission shall issue a
report to the Congress on its expenditures under that ap-
propriation.
SEC. 306. TESTIMONY OF WITNESSES, PRODUCTION OF EVI-
DENCE; ISSUANCE OF SUBPOENAS; ADMINIS-
TRATION OF OATHS.
In carrying out this title, the Commission may re-
quire, by subpoena or otherwise, the attendance and testi-
mony of such witnesses and the production of such books,
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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 Chair-
man 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 func-
tions. Appropriations to the Commission are author-
ized to remain available until expended.
(2) DISBURSEMENTS.—Appropriations to the
Commission 
shall 
be 
disbursed 
on 
vouchers
approved—
(A) jointly by the Chairman and the Co-
chairman; or
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the personnel and administration committee, at least
four professional staff members who shall be respon-
sible to the Chairman or the Cochairman (as the
case may be) who appointed them.
Subject to subsection (d), the personnel and administra-
tion 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 com-
petitive 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 eco-
nomics, 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,
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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 bind-
ing, 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 EN-
FORCEMENT 
OF 
THE 
PEO-
PLE’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 Repub-
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lic of China to the WTO, an annual review within the
WTO of the compliance by the People’s Republic of China
with its terms of accession to the WTO.
Subtitle B—Authorization To Pro-
mote 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 con-
tributed to a 56-percent increase in exports of
United States goods and services since 1992.
(2) Such export expansion, along with an in-
crease in trade generally, has helped fuel the longest
economic expansion in United States history.
(3) The United States Government must con-
tinue to be vigilant in monitoring and enforcing the
compliance by our trading partners with trade agree-
ments in order for United States businesses, work-
ers, and farmers to continue to benefit from the op-
portunities created by market-opening trade agree-
ments.
(4) The People’s Republic of China, as part of
its accession to the World Trade Organization, has
committed to eliminating significant trade barriers
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in the agricultural, services, and manufacturing sec-
tors that, if realized, would provide considerable op-
portunities for United States farmers, businesses,
and workers.
(5) For these opportunities to be fully realized,
the United States Government must effectively mon-
itor 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 agree-
ments and trade laws with respect to the People’s Republic
of China.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENT OF COMMERCE.—There is author-
ized to be appropriated to the Department of Commerce,
in addition to amounts otherwise available for such pur-
poses, 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 Re-
public of China with its commitments under the
WTO, assisting United States negotiators with ongo-
ing negotiations in the WTO, and defending United
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States antidumping and countervailing duty meas-
ures with respect to products of the People’s Repub-
lic 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, work-
ers, and unions in evaluating potential remedies
available under the trade laws of the United States
with respect to trade involving the People’s Republic
of China.
(b) OVERSEAS COMPLIANCE PROGRAM.—
(1) AUTHORIZATION
OF
APPROPRIATION.—
There are authorized to be appropriated to the De-
partment 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 ob-
ligations and to support the enforcement of the
trade laws of the United States, as part of an Over-
seas Compliance Program which monitors abroad
compliance with international trade obligations and
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supports the enforcement of United States trade
laws.
(2) REPORTING.—The annual report on compli-
ance by the People’s Republic of China submitted to
the Congress under section 421 of this Act shall in-
clude the findings of the Overseas Compliance Pro-
gram 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 Moni-
toring and Enforcement Unit, and the Office of the
Deputy United States Trade Representative in Ge-
neva, Switzerland, to investigate, prosecute, and de-
fend 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, in-
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cluding United States exports, of acts of the Govern-
ment of the People’s Republic of China affecting ac-
cess 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 Re-
public of China; and
(4) offices relating to the WTO and to different
sectors of the economy, including agriculture, indus-
try, services, and intellectual property rights protec-
tion, to monitor and enforce the trade agreement ob-
ligations of the People’s Republic of China in those
sectors.
(d) DEPARTMENT OF AGRICULTURE.—There are au-
thorized to be appropriated to the Department of Agri-
culture, 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 cov-
ered 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.
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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 Peo-
ple’s Republic of China to the WTO, and annually there-
after, 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 multilat-
eral commitments and any bilateral commitments made to
the United States.
(b) PUBLIC PARTICIPATION.—In preparing the re-
port described in subsection (a), the Trade Representative
shall seek public participation by publishing a notice in
the Federal Register and holding a public hearing.
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TITLE V—TRADE AND RULE OF
LAW ISSUES IN THE PEOPLE’S
REPUBLIC OF CHINA
Subtitle A—Task Force on Prohibi-
tion 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 prohibi-
tion of importation of products of forced or prison labor
from the People’s Republic of China (hereafter in this sub-
title 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 allega-
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tions that goods are being entered into the United
States, or that such entry is being attempted, in vio-
lation of the prohibition in section 307 of the Tariff
Act of 1930 on entry into the United States of
goods mined, produced, or manufactured wholly or
in part in the People’s Republic of China by convict
labor, forced labor, or indentured labor under penal
sanctions. Such investigations may include visits to
foreign sites where goods allegedly are being mined,
produced, or manufactured in a manner that would
lead to prohibition of their importation into the
United States under section 307 of the Tariff Act of
1930.
(2) Make recommendations to the Customs
Service on seeking new agreements with the People’s
Republic of China to allow Customs Service officials
to visit sites where goods may be mined, produced,
or manufactured by convict labor, forced labor, or
indentured labor under penal sanctions.
(3) Work with the Customs Service to assist the
People’s Republic of China and other foreign govern-
ments in monitoring the sale of goods mined, pro-
duced, or manufactured by convict labor, forced
labor, or indentured labor under penal sanctions to
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ensure that such goods are not exported to the
United States.
(4) Coordinate closely with the Customs Service
to promote maximum effectiveness in the enforce-
ment 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 Re-
public of China by convict labor, forced labor, or in-
dentured labor under penal sanctions are not im-
ported into the United States.
(5) Advise the Customs Service in performing
such other functions, consistent with existing au-
thority, to ensure the effective enforcement of sec-
tion 307 of the Tariff Act of 1930.
(6) Provide to the Customs Service all informa-
tion 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
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of goods which may be imported into the United
States.
SEC. 503. COMPOSITION OF TASK FORCE.
The Secretary of the Treasury, the Secretary of Com-
merce, the Secretary of Labor, the Secretary of State, the
Commissioner of Customs, and the heads of other execu-
tive branch agencies, as appropriate, acting through their
respective designees at or above the level of Deputy Assist-
ant Secretary, or in the case of the Customs Service, at
or above the level of Assistant Commissioner, shall com-
pose 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 pre-
ceding 1-year period.