lic of China to the World Trade Organization shall, 
upon the enactment of this Act, be deemed not to 
have expired, and shall continue in effect until the 
date that is 90 days after the date of such enact-
ment. 
SEC. 3. EXPANSION OF BASES OF INELIGIBILITY OF PEO-
PLE’S REPUBLIC OF CHINA FOR NORMAL 
TRADE RELATIONS. 
(a) IN GENERAL.—Section 402 of the Trade Act of 
1974 (19 U.S.C. 2432) is amended— 
(1) in the section heading, by striking ‘‘FREE-
DOM OF EMIGRATION IN EAST-WEST TRADE’’ 
and inserting ‘‘EAST-WEST TRADE AND HUMAN 
RIGHTS’’; and 
(2) by adding at the end the following: 
‘‘(f) ADDITIONAL BASES OF INELIGIBILITY OF PEO-
PLE’S REPUBLIC OF CHINA FOR NORMAL TRADE RELA-
TIONS.— 
‘‘(1) IN GENERAL.—Products from the People’s 
Republic of China shall not be eligible to receive 
nondiscriminatory treatment (normal trade rela-
tions), the People’s Republic of China shall not par-
ticipate in any program of the Government of the 
United States which extends credits or credit guar-
antees or investment guarantees, directly or indi-
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rectly, and the President shall not conclude any 
commercial agreement with the People’s Republic of 
China, during the period— 
‘‘(A) beginning with the date on which the 
President determines that the People’s Republic 
of China— 
‘‘(i) is in violation of paragraph (1), 
(2), or (3) of subsection (a); 
‘‘(ii) has not substantially promoted 
the freedom of emigration objectives of this 
section; 
‘‘(iii) has not complied with the 
China-United States Memorandum of Un-
derstanding on Prohibiting Import and Ex-
port Trade in Prison Labor Products, done 
at Washington, DC, on August 7, 1992; 
‘‘(iv) has not complied with Inter-
national Labour Organization standards; 
‘‘(v) operates ‘vocational training and 
education centers’ or other concentration 
camps where people are held against their 
will; 
‘‘(vi) intimidates or harasses nationals 
of the People’s Republic of China living 
outside the People’s Republic of China; 
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‘‘(vii) fails to protect Tibet’s distinc-
tive religious and cultural heritage; 
‘‘(viii) engages in systematic economic 
espionage against the United States, in-
cluding theft of the intellectual property of 
United States persons; and 
‘‘(ix) 
has 
not 
made 
significant 
progress on— 
‘‘(I) taking steps to begin adher-
ing to the Universal Declaration of 
Human Rights; 
‘‘(II) eliminating the use of tor-
ture; 
‘‘(III) releasing and providing an 
acceptable accounting for Chinese citi-
zens imprisoned or detained for the 
non-violent expression of their polit-
ical and religious beliefs, including 
such expression of beliefs in connec-
tion with the independence of Hong 
Kong and Taiwan; 
‘‘(IV) ensuring humane treat-
ment of prisoners, such as by allowing 
access to prisons by international hu-
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manitarian and human rights organi-
zations; 
‘‘(V) 
permitting 
international 
radio and television broadcasts into 
China; 
‘‘(VI) humanely treating pris-
oners; 
‘‘(VII) allowing access to inter-
national humanitarian and human 
rights organizations; 
‘‘(VIII) ceasing harvesting the 
organs of prisoners without their con-
sent; or 
‘‘(IX) ceasing performing and 
otherwise ordering forced abortion or 
sterilization procedures; and 
‘‘(B) ending on the date on which the 
President determines that the People’s Republic 
of China is no longer in violation of any of 
clauses (i) through (ix) of subparagraph (A). 
‘‘(2) REPORT REQUIRED.— 
‘‘(A) IN GENERAL.—After the date of the 
enactment of this subsection, products of the 
People’s Republic of China may be eligible to 
receive nondiscriminatory treatment (normal 
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trade relations), the People’s Republic of China 
may participate in any program of the Govern-
ment of the United States which extends credits 
or credit guarantees or investment guarantees, 
and the President may conclude a commercial 
agreement with the People’s Republic of China, 
only after the President has submitted to Con-
gress a report indicating that the People’s Re-
public of China is not in violation of any of 
clauses (i) through (ix) of paragraph (1)(A). 
‘‘(B) ELEMENTS.—The report required by 
subparagraph (A) shall include information as 
to the nature and implementation of laws and 
policies of the People’s Republic of China relat-
ing to the matters specified in clauses (i) 
through (ix) of paragraph (1)(A). 
‘‘(C) DEADLINES.—The report required by 
subparagraph (A) shall be submitted on or be-
fore each June 30 and December 31 of each 
year for as long as products of the People’s Re-
public of China receive nondiscriminatory treat-
ment (normal trade relations), the People’s Re-
public of China participates in any program of 
the Government of the United States which ex-
tends credits or credit guarantees or investment 
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guarantees, or a commercial agreement with the 
People’s Republic of China is in effect. 
‘‘(3) WAIVER.— 
‘‘(A) IN GENERAL.—The President is au-
thorized to waive by Executive order the appli-
cation of paragraphs (1) and (2) for a 12- 
month period if the President submits to Con-
gress a report that the President— 
‘‘(i) has determined that such waiver 
will substantially promote the objectives of 
this subsection; and 
‘‘(ii) has received assurances that the 
practices of the People’s Republic of China 
relating to the matters specified in clauses 
(i) through (ix) of paragraph (1)(A) will in 
the future lead substantially to the achieve-
ment of the objectives of this subsection. 
‘‘(B) TERMINATION OF WAIVER.—A waiver 
under subparagraph (A) shall terminate on the 
earlier of— 
‘‘(i) the day after the waiver authority 
granted by this paragraph ceases to be ef-
fective under paragraph (4); or 
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‘‘(ii) the effective date of an Executive 
order providing for termination of the 
waiver. 
‘‘(4) EXTENSION OF WAIVER AUTHORITY.— 
‘‘(A) RECOMMENDATIONS.—If the Presi-
dent determines that the further extension of 
the waiver authority granted under paragraph 
(3) will substantially promote the objectives of 
this subsection, the President may recommend 
further extensions of such authority for succes-
sive 12-month periods. Any such recommenda-
tions shall— 
‘‘(i) be made not later than 30 days 
before the expiration of such authority; 
‘‘(ii) be made in a document sub-
mitted to the House of Representatives 
and the Senate setting forth the reasons of 
the President for recommending the exten-
sion of such authority; and 
‘‘(iii) include— 
‘‘(I) a determination that con-
tinuation of the waiver will substan-
tially promote the objectives of this 
subsection; and 
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‘‘(II) a statement setting forth 
the reasons of the President for such 
determination. 
‘‘(B) CONTINUATION IN EFFECT OF WAIV-
ER.—If the President recommends under sub-
paragraph (A) the further extension of the 
waiver authority granted under paragraph (3), 
such authority shall continue in effect until the 
end of the 12-month period following the end of 
the previous 12-month extension, unless— 
‘‘(i) Congress adopts and transmits to 
the President a joint resolution of dis-
approval under paragraph (5) before the 
end of the 60-day period beginning on the 
date the waiver authority would expire but 
for an extension under subparagraph (A); 
and 
‘‘(ii) if the President vetoes the joint 
resolution, each House of Congress votes 
to override the veto on or before the later 
of— 
‘‘(I) the last day of the 60-day 
period referred to in clause (i); or 
‘‘(II) the last day of the 15-day 
period (excluding any day described in 
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section 154(b)) beginning on the date 
on which Congress receives the veto 
message from the President. 
‘‘(C) TERMINATION OF WAIVER PURSUANT 
TO JOINT RESOLUTION OF DISAPPROVAL.—If a 
joint resolution of disapproval is enacted into 
law pursuant to paragraph (5), the waiver au-
thority granted under paragraph (3) shall cease 
to be effective as of the day after the 60-day 
period beginning on the date of the enactment 
of the joint resolution. 
‘‘(5) JOINT RESOLUTION OF DISAPPROVAL.— 
‘‘(A) JOINT RESOLUTION OF DISAPPROVAL 
DEFINED.—In this paragraph, the term ‘joint 
resolution of disapproval’ means a joint resolu-
tion the matter after the resolving clause of 
which is as follows: ‘That Congress does not ap-
prove the extension of the authority contained 
in paragraph (3) of section 402(f) of the Trade 
Act of 1974 with respect to the People’s Repub-
lic of China recommended by the President to 
Congress under paragraph (4) of that section 
on lll.’, with the blank space being filled 
with the appropriate date. 
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‘‘(B) PROCEDURES IN HOUSE AND SEN-
ATE.—The 
provisions 
of 
subsections 
(b) 
through (f) of section 152 shall apply with re-
spect to a joint resolution of approval to the 
same extent and in the same manner as such 
provisions apply with respect to a resolution de-
scribed in subsection (a) of that section, except 
that subsection (e)(2) of that section shall be 
applied and administered by substituting ‘Con-
sideration’ for ‘Debate’. 
‘‘(C) RULES
OF
THE
HOUSE
OF
REP-
RESENTATIVES AND SENATE.—This paragraph 
is enacted by Congress— 
‘‘(i) as an exercise of the rulemaking 
power of the House of Representatives and 
the Senate, respectively, and as such is 
deemed a part of the rules of each House, 
respectively, and supersedes other rules 
only to the extent that it is inconsistent 
with such other rules; and 
‘‘(ii) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure of that House) at any time, in the 
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same manner and to the same extent as in 
the case of any other rule of that House.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Trade Act of 1974 is amended by striking the item 
relating to section 402 and inserting the following: 
‘‘Sec. 402. East-West trade and human rights.’’. 
Æ 
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