H. R. 4444—11
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 busi-
ness information) and cause a summary thereof to be published
in the Federal Register.
‘‘(f ) PUBLIC COMMENT.—If consultations fail to lead to an agree-
ment 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 con-
sultation 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 deter-
mination 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 Presi-
dent shall by regulation provide for the efficient and fair administra-
tion 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 gov-
erning 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:
H. R. 4444—12
‘‘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 DIVI-
SION.
(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.
H. R. 4444—13
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, rep-
resenting 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 con-
tent 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
H. R. 4444—14
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 imple-
menting trade-related commitments has been mixed. While the
People’s Republic of China has generally met the requirements
of the 1992 market access memorandum of understanding and
the 1992 and 1995 agreements on intellectual property rights
protection, other measures remain in place or have been put
into place which tend to diminish the benefit to United States
businesses, farmers, and workers from the People’s Republic
of China’s implementation of those earlier commitments.
Notably, administration of tariff-rate quotas and other trade-
related laws remains opaque, new local content requirements
have proliferated, restrictions on importation of animal and
plant products are not always supported by sound science,
and licensing requirements for importation and distribution
of goods remain common. Finally, the Government of the Peo-
ple’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, particu-
larly 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 Depart-
ment of State’s 1999 Country Reports on Human Rights Prac-
tices 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 imple-
ment a 1992 memorandum of understanding prohibiting trade
in products made by prison labor.
SEC. 203. POLICY.
It is the policy of the United States—
H. R. 4444—15
(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 bor-
ders;
(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 appro-
priate;
(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 suffi-
cient means to pay for it;
(iv) the right to a fair and public hearing by a
competent, independent, and impartial tribunal estab-
lished 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 prac-
tices.
SEC. 204. DEFINITIONS.
In this division:
(1) DISPUTE SETTLEMENT UNDERSTANDING.—The term ‘‘Dis-
pute Settlement Understanding’’ means the Understanding on
Rules and Procedures Governing the Settlement of Disputes
H. R. 4444—16
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 governmental entity, including any provincial, prefec-
tural, 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 govern-
mental 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 elimi-
nation 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 Representa-
tive’’ means the United States Trade Representative.
(5) WTO; WORLD TRADE ORGANIZATION.—The terms ‘‘WTO’’
and ‘‘World Trade Organization’’ mean the organization estab-
lished 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 COMMIS-
SION 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;
H. R. 4444—17
(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, inde-
pendent, 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 obliga-
tions; and
(12) free choice of employment.
(b) VICTIMS LISTS.—The Commission shall compile and main-
tain 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 con-
cerns 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 Commis-
sion 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 demo-
cratic 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, adminis-
trative and judicial decisions, and other legal acts of the Govern-
ment 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;
H. R. 4444—18
(6) the extent to which administrative and judicial decisions
are independent of political pressure or governmental inter-
ference 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 Polit-
ical 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 con-
tacts 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 Commis-
sion 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 car-
rying out subsections (a) through (c). The Commission’s report
may contain recommendations for legislative or executive action.
(h) SPECIFIC INFORMATION IN ANNUAL REPORTS.—The Commis-
sion’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 per-
sons 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 Representa-
tives 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 depart-
ments 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.
H. R. 4444—19
(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 sub-
sections (a) through (c).
SEC. 303. MEMBERSHIP OF THE COMMISSION.
(a) SELECTION AND APPOINTMENT OF MEMBERS.—The Commis-
sion 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 Presi-
dent 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 Chair-
man of the Commission. At the beginning of each even-num-
bered 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 Represent-
atives 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.
H. R. 4444—20
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 Con-
gress 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 wit-
nesses 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 Chair-
man of the Commission or any member designated by the Chair-
man, 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 appro-
priated 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 sec-
tion 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 Rep-
resentatives, 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
H. R. 4444—21
(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 mem-
bers who shall be responsible to the Chairman or the Cochair-
man (as the case may be) who appointed them.
Subject to subsection (d), the personnel and administration com-
mittee 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 employ-
ment 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 ENFORCE-
MENT 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.
H. R. 4444—22
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 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 in the agricultural, services, and
manufacturing sectors that, if realized, would provide consider-
able 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.—
H. R. 4444—23
(1) AUTHORIZATION OF APPROPRIATION.—There are author-
ized 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 author-
ized 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 tele-
communications, 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 agree-
ment obligations.
H. R. 4444—24
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 multilat-
eral 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 partici-
pation 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 enforce-
ment 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
H. R. 4444—25
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 effec-
tive 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 manu-
facture 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 Commis-
sioner, 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—
H. R. 4444—27
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 Presi-
dent 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 appro-
priated 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
H. R. 4444—28
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 BROAD-
CASTING 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 Gov-
ernors, 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 pur-
poses under paragraph (2).
(2) USES OF FUNDS.—In addition to other authorized pur-
poses, 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.
H. R. 4444—29
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.