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AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA
(House of Representatives - May 24, 2000)

Text of this article available as: TXT PDF [Pages H3662-H3711] AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA Mr. ARCHER. Mr. Speaker, pursuant to House Resolution 510, I call up the bill (H.R. 4444) to authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 510, the bill is considered read for amendment. The text of H.R. 4444 is as follows: H.R. 4444 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.--Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 2. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 1(a)(1) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, title IV of the Trade Act of 1974 shall cease to apply to that country. The SPEAKER pro tempore. The amendment printed in House Report 106- 636 is adopted in lieu of the amendment printed in the bill. The text of the amendment in the nature of a substitute printed in House Report 106-626 is as follows: Strike all after the enacting clause and insert the following: DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA TITLE I--NORMAL TRADE RELATIONS SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section 103(a)(2) of this Act, the President may-- (1) determine that such chapter should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.-- [[Page H3663]] Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 102. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 101(a) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, chapter 1 of title IV of the Trade Act of 1974 (as designated by section 103(a)(2) of this Act) shall cease to apply to that country. SEC. 103. RELIEF FROM MARKET DISRUPTION. (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) is amended-- (1) in the title heading, by striking ``CURRENTLY''; (2) by inserting before section 401 the following: ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''; and (3) by adding at the end the following new chapter: ``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF TRADE TO THE UNITED STATES MARKET ``SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION. ``(a) Presidential Action.--If a product of the People's Republic of China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of a like or directly competitive product, the President shall, in accordance with the provisions of this section, proclaim increased duties or other import restrictions with respect to such product, to the extent and for such period as the President considers necessary to prevent or remedy the market disruption. ``(b) Initiation of an Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)), upon the request of the President or the United States Trade Representative (in this subtitle referred to as the `Trade Representative'), upon resolution of either the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate (in this subtitle referred to as the `Committees') or on its own motion, the United States International Trade Commission (in this subtitle referred to as the `Commission') shall promptly make an investigation to determine whether products of the People's Republic of China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. ``(2) The limitations on investigations set forth in section 202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to investigations conducted under this section. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(4) Whenever a petition is filed, or a request or resolution is received, under this subsection, the Commission shall transmit a copy thereof to the President, the Trade Representative, the Committee on Ways and Means of the House of Representatives, and the Committee of Finance of the Senate, except that in the case of confidential business information, the copy may include only nonconfidential summaries of such information. ``(5) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(c) Market Disruption.--(1) For purposes of this section, market disruption exists whenever imports of an article like or directly competitive with an article produced by a domestic industry are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ``(2) For purposes of paragraph (1), the term `significant cause' refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause. ``(d) Factors in Determination.--In determining whether market disruption exists, the Commission shall consider objective factors, including-- ``(1) the volume of imports of the product which is the subject of the investigation; ``(2) the effect of imports of such product on prices in the United States for like or directly competitive articles; and ``(3) the effect of imports of such product on the domestic industry producing like or directly competitive articles. The presence or absence of any factor under paragraph (1), (2), or (3) is not necessarily dispositive of whether market disruption exists. ``(e) Time for Commission Determinations.--The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b)(1) at the earliest practicable time, but in no case later than 60 days (or 90 days in the case of a petition requesting relief under subsection (i)) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(f) Recommendations of Commission on Proposed Remedies.-- If the Commission makes an affirmative determination under subsection (b), or a determination which the President or the Trade Representative may consider as affirmative under subsection (e), the Commission shall propose the amount of increase in, or imposition of, any duty or other import restrictions necessary to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (g), separate views regarding what action, if any, should be taken to prevent or remedy market disruption. ``(g) Report by Commission.--(1) Not later than 20 days after a determination under subsection (b) is made, the Commission shall submit a report to the President and the Trade Representative. ``(2) The Commission shall include in the report required under paragraph (1) the following: ``(A) The determination made under subsection (b) and an explanation of the basis for the determination. ``(B) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e), the recommendations of the Commission on proposed remedies under subsection (f) and an explanation of the basis for each recommendation. ``(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B). ``(D) A description of-- ``(i) the short- and long-term effects that implementation of the action recommended under subsection (f) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries. ``(3) The Commission, after submitting a report to the President under paragraph (1), shall promptly make it available to the public (but shall not include confidential business information) and cause a summary thereof to be published in the Federal Register. ``(h) Opportunity To Present Views and Evidence on Proposed Measure and Recommendation to the President.--(1) Within 20 days after receipt of the Commission's report under subsection (g) (or 15 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative shall publish in the Federal Register notice of any measure proposed by the Trade Representative to be taken pursuant to subsection (a) and of the opportunity, including a public hearing, if requested, for importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. ``(2) Within 55 days after receipt of the report under subsection (g) (or 35 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative, taking into account the views and evidence received under paragraph (1) on the measure proposed by the Trade Representative, shall make a recommendation to the President concerning what action, if any, to take to prevent or remedy the market disruption. ``(i) Critical Circumstances.--(1) When a petition filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to the product identified in the petition, the Commission shall, not later than 45 days after the petition containing the request is filed-- ``(A) determine whether delay in taking action under this section would cause damage to the relevant domestic industry which would be difficult to repair; and ``(B) if the determination under subparagraph (A) is affirmative, make a preliminary [[Page H3664]] determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. If the Commissioners voting are equally divided with respect to either of its determinations, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Commission shall include in its report its recommendations on proposed provisional measures to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the proposed provisional measures to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional measures referred to in this paragraph. ``(3) If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, determine the amount or extent of provisional relief that is necessary to prevent or remedy the market disruption and shall provide a recommendation to the President on what provisional measures, if any, to take. ``(4)(A) The President shall determine whether to provide provisional relief and proclaim such relief, if any, within 10 days after receipt of the recommendation from the Trade Representative. ``(B) Such relief may take the form of-- ``(i) the imposition of or increase in any duty; ``(ii) any modification, or imposition of any quantitative restriction on the importation of an article into the United States; or ``(iii) any combination of actions under clauses (i) and (ii). ``(C) Any provisional action proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect not more than 200 days. ``(D) Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief, or upon a negative determination by the Commission under subsection (b). ``(j) Agreements With the People's Republic of China.--(1) The Trade Representative is authorized to enter into agreements for the People's Republic of China to take such action as necessary to prevent or remedy market disruption, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in subsection (e) or a determination which the Trade Representative considers to be an affirmative determination pursuant to subsection (e). ``(2) If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1), or if the President determines than an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue, the President shall provide import relief in accordance with subsection (a). ``(k) Standard for Presidential Action.--(1) Within 15 days after receipt of a recommendation from the Trade Representative under subsection (h) on the appropriate action, if any, to take to prevent or remedy the market disruption, the President shall provide import relief for such industry pursuant to subsection (a), unless the President determines that provision of such relief is not in the national economic interest of the United States or, in extraordinary cases, that the taking of action pursuant to subsection (a) would cause serious harm to the national security of the United States. ``(2) The President may determine under paragraph (1) that providing import relief is not in the national economic interest of the United States only if the President finds that the taking of such action would have an adverse impact on the United States economy clearly greater than the benefits of such action. ``(l) Publication of Decision and Reports.--(1) The President's decision, including the reasons therefor and the scope and duration of any action taken, shall be published in the Federal Register. ``(2) The Commission shall promptly make public any report transmitted under this section, but shall not make public any information which the Commission determines to be confidential, and shall publish notice of such report in the Federal Register. ``(m) Effective Date of Relief.--Import relief under this section shall take effect not later than 15 days after the President's determination to provide such relief. ``(n) Modifications of Relief.--(1) At any time after the end of the 6-month period beginning on the date on which relief under subsection (m) first takes effect, the President may request that the Commission provide a report on the probable effect of the modification, reduction, or termination of the relief provided on the relevant industry. The Commission shall transmit such report to the President within 60 days of the request. ``(2) The President may, after receiving a report from the Commission under paragraph (1), take such action to modify, reduce, or terminate relief that the President determines is necessary to continue to prevent or remedy the market disruption at issue. ``(3) Upon the granting of relief under subsection (k), the Commission shall collect such data as is necessary to allow it to respond rapidly to a request by the President under paragraph (1). ``(o) Extension of Action.--(1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any relief provided under subsection (k) is to terminate, the Commission shall investigate to determine whether action under this section continues to be necessary to prevent or remedy market disruption. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. ``(3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under subsection (m) is to terminate. ``(4) The President, after receiving an affirmative determination from the Commission under paragraph (3), may extend the effective period of any action under this section if the President determines that the action continues to be necessary to prevent or remedy the market disruption. ``SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION. ``(a) Monitoring by Customs Service.--In any case in which a WTO member other than the United States requests consultations with the People's Republic of China under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the World Trade Organization, the Trade Representative shall inform the United States Customs Service, which shall monitor imports into the United States of those products of Chinese origin that are the subject of the consultation request. Data from such monitoring shall promptly be made available to the Commission upon request by the Commission. ``(b) Initiation of Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974, upon the request of the President or the Trade Representative, upon resolution of either of the Committees, or on its own motion, the Commission shall promptly make an investigation to determine whether an action described in subsection (c) has caused, or threatens to cause, a significant diversion of trade into the domestic market of the United States. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(c) Actions Described.--An action is described in this subsection if it is an action-- ``(1) by the People's Republic of China to prevent or remedy market disruption in a WTO member other than the United States; ``(2) by a WTO member other than the United States to withdraw concessions under the WTO Agreement or otherwise to limit imports to prevent or remedy market disruption; ``(3) by a WTO member other than the United States to apply a provisional safeguard within the meaning of the product- specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO; or ``(4) any combination of actions described in paragraphs (1) through (3). ``(d) Basis for Determination of Significant Diversion.-- (1) In determining whether significant diversion or the threat thereof exists for purposes of this section, the Commission shall take into account, to the extent such evidence is reasonably available-- ``(A) the monitoring conducted under subsection (a); ``(B) the actual or imminent increase in United States market share held by such imports from the People's Republic of China; ``(C) the actual or imminent increase in volume of such imports into the United States; ``(D) the nature and extent of the action taken or proposed by the WTO member concerned; [[Page H3665]] ``(E) the extent of exports from the People's Republic of China to that WTO member and to the United States; ``(F) the actual or imminent changes in exports to that WTO member due to the action taken or proposed; ``(G) the actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; ``(H) cyclical or seasonal trends in import volumes into the United States of the products at issue; and ``(I) conditions of demand and supply in the United States market for the products at issue. The presence or absence of any factor under any of subparagraphs (A) through (I) is not necessarily dispositive of whether a significant diversion of trade or the threat thereof exists. ``(2) For purposes of making its determination, the Commission shall examine changes in imports into the United States from the People's Republic of China since the time that the WTO member commenced the investigation that led to a request for consultations described in subsection (a). ``(3) If more than 1 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 cumulatively assess the actual or likely effects of such actions jointly in determining whether a significant diversion of trade or threat thereof exists. ``(e) Commission Determination; Agreement Authority.--(1) The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b) at the earliest practicable time, but in no case later than 45 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) The Trade Representative is authorized to enter into agreements with the People's Republic of China or the other WTO members concerned to take such action as necessary to prevent or remedy significant trade diversion or threat thereof into the domestic market of the United States, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in paragraph (1) or a determination which the Trade Representative considers to be an affirmative determination pursuant to paragraph (1). ``(3) Report by Commission.-- ``(A) Not later than 10 days after a determination under subsection (b), is made, the Commission shall transmit a report to the President and the Trade Representative. ``(B) The Commission shall include in the report required under subparagraph (A) the following: ``(i) The determination made under subsection (b) and an explanation of the basis for the determination. ``(ii) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e)(1), the recommendations of the Commission on increased tariffs or other import restrictions to be imposed to prevent or remedy the trade diversion or threat thereof, and explanations of the bases for such recommendations. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy the trade diversion or threat thereof. ``(iii) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in clauses (i) and (ii). ``(iv) A description of-- ``(I) the short- and long-term effects that implementation of the action recommended under clause (ii) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(II) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry are located, and on other domestic industries. ``(C) The Commission, after submitting a report to the President under subparagraph (A), shall promptly make it available to the public (with the exception of confidential business information) and cause a summary thereof to be published in the Federal Register. ``(f) Public Comment.--If consultations fail to lead to an agreement with the People's Republic of China or the WTO member concerned within 60 days, the Trade Representative shall promptly publish notice in the Federal Register of any proposed action to prevent or remedy the trade diversion, and provide an opportunity for interested persons to present views and evidence on whether the proposed action is in the public interest. ``(g) Recommendation to the President.--Within 20 days after the end of consultations pursuant to subsection (e), the Trade Representative shall make a recommendation to the President on what action, if any, should be taken to prevent or remedy the trade diversion or threat thereof. ``(h) Presidential Action.--Within 20 days after receipt of the recommendation from the Trade Representative, the President shall determine what action to take to prevent or remedy the trade diversion or threat thereof. ``(i) Duration of Action.--Action taken under subsection (h) shall be terminated not later than 30 days after expiration of the action taken by the WTO member or members involved against imports from the People's Republic of China. ``(j) Review of Circumstances.--(1) The Commission shall review the continued need for action taken under subsection (h) if the WTO member or members involved notify the Committee on Safeguards of the WTO of any modification in the action taken by them against the People's Republic of China pursuant to consultation referred to in subsection (a). The Commission shall, not later than 60 days after such notification, determine whether a significant diversion of trade continues to exist and report its determination to the President. The President shall determine, within 15 days after receiving the Commission's report, whether to modify, withdraw, or keep in place the action taken under subsection (h). ``SEC. 423. REGULATIONS; TERMINATION OF PROVISION. ``(a) To Carry Out Restrictions and Monitoring.--The President shall by regulation provide for the efficient and fair administration of any restriction proclaimed pursuant to the subtitle and to provide for effective monitoring of imports under section 422(a). ``(b) To Carry Out Agreements.--To carry out an agreement concluded pursuant to consultations under section 421(j) or 422(e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. ``(c) Termination Date.--This subtitle and any regulations issued under this subtitle shall cease to be effective 12 years after the date of entry into force of the Protocol of Accession of the People's Republic of China to the WTO.''. (b) Conforming Amendment.--The table on contents of the Trade Act of 1974 is amended-- (1) in the item relating to title IV, by striking ``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; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``U.S.- China Relations Act of 2000''. (b) Table of Contents.--The table of contents of this division is as follows: TITLE II--GENERAL PROVISIONS Sec. 201. Short title; table of contents. 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. 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. [[Page H3666]] 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, 2 agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999. (4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years. (5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent. (6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements. (7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market. (8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization. (9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced. (10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other 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 People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor. (11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that ``[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.''. (12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of ``reeducation through labor'', denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor. SEC. 203. POLICY. It is the policy of the United States-- (1) to develop trade relations that broaden the benefits of trade, and lead to a leveling up, rather than a leveling down, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders; (2) to pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of United States law as appropriate; (3) to encourage foreign governments to conduct both commercial and noncommercial affairs according to the rule of law developed through democratic processes; (4) to encourage the Government of the People's Republic of China to afford its workers internationally recognized worker rights; (5) to encourage the Government of the People's Republic of China to protect the human rights of people within the territory of the People's Republic of China, and to take steps toward protecting such rights, including, but not limited to-- (A) ratifying the International Covenant on Civil and Political Rights; (B) protecting the right to liberty of movement and freedom to choose a residence within the People's Republic of China and the right to leave from and return to the People's Republic of China; and (C) affording a criminal defendant-- (i) the right to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (ii) the right to be informed, if he or she does not have legal assistance, of the right set forth in clause (i); (iii) the right to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (iv) the right to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (v) the right to be presumed innocent until proved guilty according to law; and (vi) the right to be tried without undue delay; and (6) to highlight in the United Nations Human Rights Commission and in other appropriate fora violations of human rights by foreign governments and to seek the support of other governments in urging improvements in human rights practices. SEC. 204. DEFINITIONS. In this division: (1) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(16)). (2) Government of the people's republic of china.--The term ``Government of the People's Republic of China'' means the central Government of the People's Republic of China and any other governmental entity, including any provincial, prefectural, or local entity and any enterprise that is controlled by the central Government or any such governmental entity or as to which the central Government or any such governmental entity is entitled to receive a majority of the profits. (3) Internationally recognized worker rights.--The term ``internationally recognized worker rights'' has the meaning given that term in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the right to the elimination of the ``worst forms of child labor'', as defined in section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)). (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (5) WTO; world trade organization.--The terms ``WTO'' and ``World Trade Organization'' mean the organization established pursuant to the WTO Agreement. (6) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (7) WTO member.--The term ``WTO member'' has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA SEC. 301. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA. There is established a Congressional-Executive Commission on the People's Republic of China (in this title referred to as the ``Commission''). [[Page H3667]] 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; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and (12) free choice of employment. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of the People's Republic of China; (5) the extent to which individuals are treated equally under the laws of the of the People's Republic of China without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in the People's Republic of China are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the People's Republic of China and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in the People's Republic of China. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Cooperation With Special Coordinator.--In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State. (g) Annual Reports.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (h) Specific Information in Annual Reports.--The Commission's report under subsection (g) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (12) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (i) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (g), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (j) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c). SEC. 303. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 23 members as follows: (1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five members shall be selected from the majority party and four members shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Nine Members of the Senate appointed by the President of the Senate. Five members shall be selected, after consultation with the majority leader of the Senate, from the majority party, and four members shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (6) Two at-large representatives, appointed by the President of the United States, from among the officers and employees of the executive branch. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 304. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, [[Page H3668]] shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the Members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 305. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 306. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this title, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 307. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 308. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission may be auth

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AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA
(House of Representatives - May 24, 2000)

Text of this article available as: TXT PDF [Pages H3662-H3711] AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA Mr. ARCHER. Mr. Speaker, pursuant to House Resolution 510, I call up the bill (H.R. 4444) to authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 510, the bill is considered read for amendment. The text of H.R. 4444 is as follows: H.R. 4444 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.--Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 2. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 1(a)(1) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, title IV of the Trade Act of 1974 shall cease to apply to that country. The SPEAKER pro tempore. The amendment printed in House Report 106- 636 is adopted in lieu of the amendment printed in the bill. The text of the amendment in the nature of a substitute printed in House Report 106-626 is as follows: Strike all after the enacting clause and insert the following: DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA TITLE I--NORMAL TRADE RELATIONS SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section 103(a)(2) of this Act, the President may-- (1) determine that such chapter should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.-- [[Page H3663]] Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 102. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 101(a) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, chapter 1 of title IV of the Trade Act of 1974 (as designated by section 103(a)(2) of this Act) shall cease to apply to that country. SEC. 103. RELIEF FROM MARKET DISRUPTION. (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) is amended-- (1) in the title heading, by striking ``CURRENTLY''; (2) by inserting before section 401 the following: ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''; and (3) by adding at the end the following new chapter: ``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF TRADE TO THE UNITED STATES MARKET ``SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION. ``(a) Presidential Action.--If a product of the People's Republic of China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of a like or directly competitive product, the President shall, in accordance with the provisions of this section, proclaim increased duties or other import restrictions with respect to such product, to the extent and for such period as the President considers necessary to prevent or remedy the market disruption. ``(b) Initiation of an Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)), upon the request of the President or the United States Trade Representative (in this subtitle referred to as the `Trade Representative'), upon resolution of either the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate (in this subtitle referred to as the `Committees') or on its own motion, the United States International Trade Commission (in this subtitle referred to as the `Commission') shall promptly make an investigation to determine whether products of the People's Republic of China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. ``(2) The limitations on investigations set forth in section 202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to investigations conducted under this section. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(4) Whenever a petition is filed, or a request or resolution is received, under this subsection, the Commission shall transmit a copy thereof to the President, the Trade Representative, the Committee on Ways and Means of the House of Representatives, and the Committee of Finance of the Senate, except that in the case of confidential business information, the copy may include only nonconfidential summaries of such information. ``(5) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(c) Market Disruption.--(1) For purposes of this section, market disruption exists whenever imports of an article like or directly competitive with an article produced by a domestic industry are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ``(2) For purposes of paragraph (1), the term `significant cause' refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause. ``(d) Factors in Determination.--In determining whether market disruption exists, the Commission shall consider objective factors, including-- ``(1) the volume of imports of the product which is the subject of the investigation; ``(2) the effect of imports of such product on prices in the United States for like or directly competitive articles; and ``(3) the effect of imports of such product on the domestic industry producing like or directly competitive articles. The presence or absence of any factor under paragraph (1), (2), or (3) is not necessarily dispositive of whether market disruption exists. ``(e) Time for Commission Determinations.--The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b)(1) at the earliest practicable time, but in no case later than 60 days (or 90 days in the case of a petition requesting relief under subsection (i)) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(f) Recommendations of Commission on Proposed Remedies.-- If the Commission makes an affirmative determination under subsection (b), or a determination which the President or the Trade Representative may consider as affirmative under subsection (e), the Commission shall propose the amount of increase in, or imposition of, any duty or other import restrictions necessary to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (g), separate views regarding what action, if any, should be taken to prevent or remedy market disruption. ``(g) Report by Commission.--(1) Not later than 20 days after a determination under subsection (b) is made, the Commission shall submit a report to the President and the Trade Representative. ``(2) The Commission shall include in the report required under paragraph (1) the following: ``(A) The determination made under subsection (b) and an explanation of the basis for the determination. ``(B) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e), the recommendations of the Commission on proposed remedies under subsection (f) and an explanation of the basis for each recommendation. ``(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B). ``(D) A description of-- ``(i) the short- and long-term effects that implementation of the action recommended under subsection (f) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries. ``(3) The Commission, after submitting a report to the President under paragraph (1), shall promptly make it available to the public (but shall not include confidential business information) and cause a summary thereof to be published in the Federal Register. ``(h) Opportunity To Present Views and Evidence on Proposed Measure and Recommendation to the President.--(1) Within 20 days after receipt of the Commission's report under subsection (g) (or 15 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative shall publish in the Federal Register notice of any measure proposed by the Trade Representative to be taken pursuant to subsection (a) and of the opportunity, including a public hearing, if requested, for importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. ``(2) Within 55 days after receipt of the report under subsection (g) (or 35 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative, taking into account the views and evidence received under paragraph (1) on the measure proposed by the Trade Representative, shall make a recommendation to the President concerning what action, if any, to take to prevent or remedy the market disruption. ``(i) Critical Circumstances.--(1) When a petition filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to the product identified in the petition, the Commission shall, not later than 45 days after the petition containing the request is filed-- ``(A) determine whether delay in taking action under this section would cause damage to the relevant domestic industry which would be difficult to repair; and ``(B) if the determination under subparagraph (A) is affirmative, make a preliminary [[Page H3664]] determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. If the Commissioners voting are equally divided with respect to either of its determinations, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Commission shall include in its report its recommendations on proposed provisional measures to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the proposed provisional measures to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional measures referred to in this paragraph. ``(3) If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, determine the amount or extent of provisional relief that is necessary to prevent or remedy the market disruption and shall provide a recommendation to the President on what provisional measures, if any, to take. ``(4)(A) The President shall determine whether to provide provisional relief and proclaim such relief, if any, within 10 days after receipt of the recommendation from the Trade Representative. ``(B) Such relief may take the form of-- ``(i) the imposition of or increase in any duty; ``(ii) any modification, or imposition of any quantitative restriction on the importation of an article into the United States; or ``(iii) any combination of actions under clauses (i) and (ii). ``(C) Any provisional action proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect not more than 200 days. ``(D) Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief, or upon a negative determination by the Commission under subsection (b). ``(j) Agreements With the People's Republic of China.--(1) The Trade Representative is authorized to enter into agreements for the People's Republic of China to take such action as necessary to prevent or remedy market disruption, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in subsection (e) or a determination which the Trade Representative considers to be an affirmative determination pursuant to subsection (e). ``(2) If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1), or if the President determines than an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue, the President shall provide import relief in accordance with subsection (a). ``(k) Standard for Presidential Action.--(1) Within 15 days after receipt of a recommendation from the Trade Representative under subsection (h) on the appropriate action, if any, to take to prevent or remedy the market disruption, the President shall provide import relief for such industry pursuant to subsection (a), unless the President determines that provision of such relief is not in the national economic interest of the United States or, in extraordinary cases, that the taking of action pursuant to subsection (a) would cause serious harm to the national security of the United States. ``(2) The President may determine under paragraph (1) that providing import relief is not in the national economic interest of the United States only if the President finds that the taking of such action would have an adverse impact on the United States economy clearly greater than the benefits of such action. ``(l) Publication of Decision and Reports.--(1) The President's decision, including the reasons therefor and the scope and duration of any action taken, shall be published in the Federal Register. ``(2) The Commission shall promptly make public any report transmitted under this section, but shall not make public any information which the Commission determines to be confidential, and shall publish notice of such report in the Federal Register. ``(m) Effective Date of Relief.--Import relief under this section shall take effect not later than 15 days after the President's determination to provide such relief. ``(n) Modifications of Relief.--(1) At any time after the end of the 6-month period beginning on the date on which relief under subsection (m) first takes effect, the President may request that the Commission provide a report on the probable effect of the modification, reduction, or termination of the relief provided on the relevant industry. The Commission shall transmit such report to the President within 60 days of the request. ``(2) The President may, after receiving a report from the Commission under paragraph (1), take such action to modify, reduce, or terminate relief that the President determines is necessary to continue to prevent or remedy the market disruption at issue. ``(3) Upon the granting of relief under subsection (k), the Commission shall collect such data as is necessary to allow it to respond rapidly to a request by the President under paragraph (1). ``(o) Extension of Action.--(1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any relief provided under subsection (k) is to terminate, the Commission shall investigate to determine whether action under this section continues to be necessary to prevent or remedy market disruption. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. ``(3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under subsection (m) is to terminate. ``(4) The President, after receiving an affirmative determination from the Commission under paragraph (3), may extend the effective period of any action under this section if the President determines that the action continues to be necessary to prevent or remedy the market disruption. ``SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION. ``(a) Monitoring by Customs Service.--In any case in which a WTO member other than the United States requests consultations with the People's Republic of China under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the World Trade Organization, the Trade Representative shall inform the United States Customs Service, which shall monitor imports into the United States of those products of Chinese origin that are the subject of the consultation request. Data from such monitoring shall promptly be made available to the Commission upon request by the Commission. ``(b) Initiation of Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974, upon the request of the President or the Trade Representative, upon resolution of either of the Committees, or on its own motion, the Commission shall promptly make an investigation to determine whether an action described in subsection (c) has caused, or threatens to cause, a significant diversion of trade into the domestic market of the United States. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(c) Actions Described.--An action is described in this subsection if it is an action-- ``(1) by the People's Republic of China to prevent or remedy market disruption in a WTO member other than the United States; ``(2) by a WTO member other than the United States to withdraw concessions under the WTO Agreement or otherwise to limit imports to prevent or remedy market disruption; ``(3) by a WTO member other than the United States to apply a provisional safeguard within the meaning of the product- specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO; or ``(4) any combination of actions described in paragraphs (1) through (3). ``(d) Basis for Determination of Significant Diversion.-- (1) In determining whether significant diversion or the threat thereof exists for purposes of this section, the Commission shall take into account, to the extent such evidence is reasonably available-- ``(A) the monitoring conducted under subsection (a); ``(B) the actual or imminent increase in United States market share held by such imports from the People's Republic of China; ``(C) the actual or imminent increase in volume of such imports into the United States; ``(D) the nature and extent of the action taken or proposed by the WTO member concerned; [[Page H3665]] ``(E) the extent of exports from the People's Republic of China to that WTO member and to the United States; ``(F) the actual or imminent changes in exports to that WTO member due to the action taken or proposed; ``(G) the actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; ``(H) cyclical or seasonal trends in import volumes into the United States of the products at issue; and ``(I) conditions of demand and supply in the United States market for the products at issue. The presence or absence of any factor under any of subparagraphs (A) through (I) is not necessarily dispositive of whether a significant diversion of trade or the threat thereof exists. ``(2) For purposes of making its determination, the Commission shall examine changes in imports into the United States from the People's Republic of China since the time that the WTO member commenced the investigation that led to a request for consultations described in subsection (a). ``(3) If more than 1 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 cumulatively assess the actual or likely effects of such actions jointly in determining whether a significant diversion of trade or threat thereof exists. ``(e) Commission Determination; Agreement Authority.--(1) The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b) at the earliest practicable time, but in no case later than 45 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) The Trade Representative is authorized to enter into agreements with the People's Republic of China or the other WTO members concerned to take such action as necessary to prevent or remedy significant trade diversion or threat thereof into the domestic market of the United States, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in paragraph (1) or a determination which the Trade Representative considers to be an affirmative determination pursuant to paragraph (1). ``(3) Report by Commission.-- ``(A) Not later than 10 days after a determination under subsection (b), is made, the Commission shall transmit a report to the President and the Trade Representative. ``(B) The Commission shall include in the report required under subparagraph (A) the following: ``(i) The determination made under subsection (b) and an explanation of the basis for the determination. ``(ii) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e)(1), the recommendations of the Commission on increased tariffs or other import restrictions to be imposed to prevent or remedy the trade diversion or threat thereof, and explanations of the bases for such recommendations. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy the trade diversion or threat thereof. ``(iii) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in clauses (i) and (ii). ``(iv) A description of-- ``(I) the short- and long-term effects that implementation of the action recommended under clause (ii) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(II) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry are located, and on other domestic industries. ``(C) The Commission, after submitting a report to the President under subparagraph (A), shall promptly make it available to the public (with the exception of confidential business information) and cause a summary thereof to be published in the Federal Register. ``(f) Public Comment.--If consultations fail to lead to an agreement with the People's Republic of China or the WTO member concerned within 60 days, the Trade Representative shall promptly publish notice in the Federal Register of any proposed action to prevent or remedy the trade diversion, and provide an opportunity for interested persons to present views and evidence on whether the proposed action is in the public interest. ``(g) Recommendation to the President.--Within 20 days after the end of consultations pursuant to subsection (e), the Trade Representative shall make a recommendation to the President on what action, if any, should be taken to prevent or remedy the trade diversion or threat thereof. ``(h) Presidential Action.--Within 20 days after receipt of the recommendation from the Trade Representative, the President shall determine what action to take to prevent or remedy the trade diversion or threat thereof. ``(i) Duration of Action.--Action taken under subsection (h) shall be terminated not later than 30 days after expiration of the action taken by the WTO member or members involved against imports from the People's Republic of China. ``(j) Review of Circumstances.--(1) The Commission shall review the continued need for action taken under subsection (h) if the WTO member or members involved notify the Committee on Safeguards of the WTO of any modification in the action taken by them against the People's Republic of China pursuant to consultation referred to in subsection (a). The Commission shall, not later than 60 days after such notification, determine whether a significant diversion of trade continues to exist and report its determination to the President. The President shall determine, within 15 days after receiving the Commission's report, whether to modify, withdraw, or keep in place the action taken under subsection (h). ``SEC. 423. REGULATIONS; TERMINATION OF PROVISION. ``(a) To Carry Out Restrictions and Monitoring.--The President shall by regulation provide for the efficient and fair administration of any restriction proclaimed pursuant to the subtitle and to provide for effective monitoring of imports under section 422(a). ``(b) To Carry Out Agreements.--To carry out an agreement concluded pursuant to consultations under section 421(j) or 422(e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. ``(c) Termination Date.--This subtitle and any regulations issued under this subtitle shall cease to be effective 12 years after the date of entry into force of the Protocol of Accession of the People's Republic of China to the WTO.''. (b) Conforming Amendment.--The table on contents of the Trade Act of 1974 is amended-- (1) in the item relating to title IV, by striking ``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; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``U.S.- China Relations Act of 2000''. (b) Table of Contents.--The table of contents of this division is as follows: TITLE II--GENERAL PROVISIONS Sec. 201. Short title; table of contents. 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. 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. [[Page H3666]] 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, 2 agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999. (4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years. (5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent. (6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements. (7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market. (8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization. (9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced. (10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other 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 People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor. (11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that ``[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.''. (12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of ``reeducation through labor'', denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor. SEC. 203. POLICY. It is the policy of the United States-- (1) to develop trade relations that broaden the benefits of trade, and lead to a leveling up, rather than a leveling down, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders; (2) to pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of United States law as appropriate; (3) to encourage foreign governments to conduct both commercial and noncommercial affairs according to the rule of law developed through democratic processes; (4) to encourage the Government of the People's Republic of China to afford its workers internationally recognized worker rights; (5) to encourage the Government of the People's Republic of China to protect the human rights of people within the territory of the People's Republic of China, and to take steps toward protecting such rights, including, but not limited to-- (A) ratifying the International Covenant on Civil and Political Rights; (B) protecting the right to liberty of movement and freedom to choose a residence within the People's Republic of China and the right to leave from and return to the People's Republic of China; and (C) affording a criminal defendant-- (i) the right to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (ii) the right to be informed, if he or she does not have legal assistance, of the right set forth in clause (i); (iii) the right to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (iv) the right to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (v) the right to be presumed innocent until proved guilty according to law; and (vi) the right to be tried without undue delay; and (6) to highlight in the United Nations Human Rights Commission and in other appropriate fora violations of human rights by foreign governments and to seek the support of other governments in urging improvements in human rights practices. SEC. 204. DEFINITIONS. In this division: (1) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(16)). (2) Government of the people's republic of china.--The term ``Government of the People's Republic of China'' means the central Government of the People's Republic of China and any other governmental entity, including any provincial, prefectural, or local entity and any enterprise that is controlled by the central Government or any such governmental entity or as to which the central Government or any such governmental entity is entitled to receive a majority of the profits. (3) Internationally recognized worker rights.--The term ``internationally recognized worker rights'' has the meaning given that term in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the right to the elimination of the ``worst forms of child labor'', as defined in section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)). (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (5) WTO; world trade organization.--The terms ``WTO'' and ``World Trade Organization'' mean the organization established pursuant to the WTO Agreement. (6) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (7) WTO member.--The term ``WTO member'' has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA SEC. 301. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA. There is established a Congressional-Executive Commission on the People's Republic of China (in this title referred to as the ``Commission''). [[Page H3667]] 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; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and (12) free choice of employment. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of the People's Republic of China; (5) the extent to which individuals are treated equally under the laws of the of the People's Republic of China without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in the People's Republic of China are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the People's Republic of China and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in the People's Republic of China. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Cooperation With Special Coordinator.--In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State. (g) Annual Reports.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (h) Specific Information in Annual Reports.--The Commission's report under subsection (g) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (12) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (i) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (g), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (j) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c). SEC. 303. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 23 members as follows: (1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five members shall be selected from the majority party and four members shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Nine Members of the Senate appointed by the President of the Senate. Five members shall be selected, after consultation with the majority leader of the Senate, from the majority party, and four members shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (6) Two at-large representatives, appointed by the President of the United States, from among the officers and employees of the executive branch. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 304. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, [[Page H3668]] shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the Members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 305. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 306. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this title, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 307. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 308. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission m

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AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA
(House of Representatives - May 24, 2000)

Text of this article available as: TXT PDF [Pages H3662-H3711] AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA Mr. ARCHER. Mr. Speaker, pursuant to House Resolution 510, I call up the bill (H.R. 4444) to authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 510, the bill is considered read for amendment. The text of H.R. 4444 is as follows: H.R. 4444 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.--Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 2. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 1(a)(1) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, title IV of the Trade Act of 1974 shall cease to apply to that country. The SPEAKER pro tempore. The amendment printed in House Report 106- 636 is adopted in lieu of the amendment printed in the bill. The text of the amendment in the nature of a substitute printed in House Report 106-626 is as follows: Strike all after the enacting clause and insert the following: DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA TITLE I--NORMAL TRADE RELATIONS SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section 103(a)(2) of this Act, the President may-- (1) determine that such chapter should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.-- [[Page H3663]] Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 102. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 101(a) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, chapter 1 of title IV of the Trade Act of 1974 (as designated by section 103(a)(2) of this Act) shall cease to apply to that country. SEC. 103. RELIEF FROM MARKET DISRUPTION. (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) is amended-- (1) in the title heading, by striking ``CURRENTLY''; (2) by inserting before section 401 the following: ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''; and (3) by adding at the end the following new chapter: ``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF TRADE TO THE UNITED STATES MARKET ``SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION. ``(a) Presidential Action.--If a product of the People's Republic of China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of a like or directly competitive product, the President shall, in accordance with the provisions of this section, proclaim increased duties or other import restrictions with respect to such product, to the extent and for such period as the President considers necessary to prevent or remedy the market disruption. ``(b) Initiation of an Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)), upon the request of the President or the United States Trade Representative (in this subtitle referred to as the `Trade Representative'), upon resolution of either the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate (in this subtitle referred to as the `Committees') or on its own motion, the United States International Trade Commission (in this subtitle referred to as the `Commission') shall promptly make an investigation to determine whether products of the People's Republic of China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. ``(2) The limitations on investigations set forth in section 202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to investigations conducted under this section. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(4) Whenever a petition is filed, or a request or resolution is received, under this subsection, the Commission shall transmit a copy thereof to the President, the Trade Representative, the Committee on Ways and Means of the House of Representatives, and the Committee of Finance of the Senate, except that in the case of confidential business information, the copy may include only nonconfidential summaries of such information. ``(5) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(c) Market Disruption.--(1) For purposes of this section, market disruption exists whenever imports of an article like or directly competitive with an article produced by a domestic industry are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ``(2) For purposes of paragraph (1), the term `significant cause' refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause. ``(d) Factors in Determination.--In determining whether market disruption exists, the Commission shall consider objective factors, including-- ``(1) the volume of imports of the product which is the subject of the investigation; ``(2) the effect of imports of such product on prices in the United States for like or directly competitive articles; and ``(3) the effect of imports of such product on the domestic industry producing like or directly competitive articles. The presence or absence of any factor under paragraph (1), (2), or (3) is not necessarily dispositive of whether market disruption exists. ``(e) Time for Commission Determinations.--The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b)(1) at the earliest practicable time, but in no case later than 60 days (or 90 days in the case of a petition requesting relief under subsection (i)) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(f) Recommendations of Commission on Proposed Remedies.-- If the Commission makes an affirmative determination under subsection (b), or a determination which the President or the Trade Representative may consider as affirmative under subsection (e), the Commission shall propose the amount of increase in, or imposition of, any duty or other import restrictions necessary to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (g), separate views regarding what action, if any, should be taken to prevent or remedy market disruption. ``(g) Report by Commission.--(1) Not later than 20 days after a determination under subsection (b) is made, the Commission shall submit a report to the President and the Trade Representative. ``(2) The Commission shall include in the report required under paragraph (1) the following: ``(A) The determination made under subsection (b) and an explanation of the basis for the determination. ``(B) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e), the recommendations of the Commission on proposed remedies under subsection (f) and an explanation of the basis for each recommendation. ``(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B). ``(D) A description of-- ``(i) the short- and long-term effects that implementation of the action recommended under subsection (f) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries. ``(3) The Commission, after submitting a report to the President under paragraph (1), shall promptly make it available to the public (but shall not include confidential business information) and cause a summary thereof to be published in the Federal Register. ``(h) Opportunity To Present Views and Evidence on Proposed Measure and Recommendation to the President.--(1) Within 20 days after receipt of the Commission's report under subsection (g) (or 15 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative shall publish in the Federal Register notice of any measure proposed by the Trade Representative to be taken pursuant to subsection (a) and of the opportunity, including a public hearing, if requested, for importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. ``(2) Within 55 days after receipt of the report under subsection (g) (or 35 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative, taking into account the views and evidence received under paragraph (1) on the measure proposed by the Trade Representative, shall make a recommendation to the President concerning what action, if any, to take to prevent or remedy the market disruption. ``(i) Critical Circumstances.--(1) When a petition filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to the product identified in the petition, the Commission shall, not later than 45 days after the petition containing the request is filed-- ``(A) determine whether delay in taking action under this section would cause damage to the relevant domestic industry which would be difficult to repair; and ``(B) if the determination under subparagraph (A) is affirmative, make a preliminary [[Page H3664]] determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. If the Commissioners voting are equally divided with respect to either of its determinations, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Commission shall include in its report its recommendations on proposed provisional measures to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the proposed provisional measures to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional measures referred to in this paragraph. ``(3) If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, determine the amount or extent of provisional relief that is necessary to prevent or remedy the market disruption and shall provide a recommendation to the President on what provisional measures, if any, to take. ``(4)(A) The President shall determine whether to provide provisional relief and proclaim such relief, if any, within 10 days after receipt of the recommendation from the Trade Representative. ``(B) Such relief may take the form of-- ``(i) the imposition of or increase in any duty; ``(ii) any modification, or imposition of any quantitative restriction on the importation of an article into the United States; or ``(iii) any combination of actions under clauses (i) and (ii). ``(C) Any provisional action proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect not more than 200 days. ``(D) Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief, or upon a negative determination by the Commission under subsection (b). ``(j) Agreements With the People's Republic of China.--(1) The Trade Representative is authorized to enter into agreements for the People's Republic of China to take such action as necessary to prevent or remedy market disruption, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in subsection (e) or a determination which the Trade Representative considers to be an affirmative determination pursuant to subsection (e). ``(2) If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1), or if the President determines than an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue, the President shall provide import relief in accordance with subsection (a). ``(k) Standard for Presidential Action.--(1) Within 15 days after receipt of a recommendation from the Trade Representative under subsection (h) on the appropriate action, if any, to take to prevent or remedy the market disruption, the President shall provide import relief for such industry pursuant to subsection (a), unless the President determines that provision of such relief is not in the national economic interest of the United States or, in extraordinary cases, that the taking of action pursuant to subsection (a) would cause serious harm to the national security of the United States. ``(2) The President may determine under paragraph (1) that providing import relief is not in the national economic interest of the United States only if the President finds that the taking of such action would have an adverse impact on the United States economy clearly greater than the benefits of such action. ``(l) Publication of Decision and Reports.--(1) The President's decision, including the reasons therefor and the scope and duration of any action taken, shall be published in the Federal Register. ``(2) The Commission shall promptly make public any report transmitted under this section, but shall not make public any information which the Commission determines to be confidential, and shall publish notice of such report in the Federal Register. ``(m) Effective Date of Relief.--Import relief under this section shall take effect not later than 15 days after the President's determination to provide such relief. ``(n) Modifications of Relief.--(1) At any time after the end of the 6-month period beginning on the date on which relief under subsection (m) first takes effect, the President may request that the Commission provide a report on the probable effect of the modification, reduction, or termination of the relief provided on the relevant industry. The Commission shall transmit such report to the President within 60 days of the request. ``(2) The President may, after receiving a report from the Commission under paragraph (1), take such action to modify, reduce, or terminate relief that the President determines is necessary to continue to prevent or remedy the market disruption at issue. ``(3) Upon the granting of relief under subsection (k), the Commission shall collect such data as is necessary to allow it to respond rapidly to a request by the President under paragraph (1). ``(o) Extension of Action.--(1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any relief provided under subsection (k) is to terminate, the Commission shall investigate to determine whether action under this section continues to be necessary to prevent or remedy market disruption. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. ``(3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under subsection (m) is to terminate. ``(4) The President, after receiving an affirmative determination from the Commission under paragraph (3), may extend the effective period of any action under this section if the President determines that the action continues to be necessary to prevent or remedy the market disruption. ``SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION. ``(a) Monitoring by Customs Service.--In any case in which a WTO member other than the United States requests consultations with the People's Republic of China under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the World Trade Organization, the Trade Representative shall inform the United States Customs Service, which shall monitor imports into the United States of those products of Chinese origin that are the subject of the consultation request. Data from such monitoring shall promptly be made available to the Commission upon request by the Commission. ``(b) Initiation of Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974, upon the request of the President or the Trade Representative, upon resolution of either of the Committees, or on its own motion, the Commission shall promptly make an investigation to determine whether an action described in subsection (c) has caused, or threatens to cause, a significant diversion of trade into the domestic market of the United States. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(c) Actions Described.--An action is described in this subsection if it is an action-- ``(1) by the People's Republic of China to prevent or remedy market disruption in a WTO member other than the United States; ``(2) by a WTO member other than the United States to withdraw concessions under the WTO Agreement or otherwise to limit imports to prevent or remedy market disruption; ``(3) by a WTO member other than the United States to apply a provisional safeguard within the meaning of the product- specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO; or ``(4) any combination of actions described in paragraphs (1) through (3). ``(d) Basis for Determination of Significant Diversion.-- (1) In determining whether significant diversion or the threat thereof exists for purposes of this section, the Commission shall take into account, to the extent such evidence is reasonably available-- ``(A) the monitoring conducted under subsection (a); ``(B) the actual or imminent increase in United States market share held by such imports from the People's Republic of China; ``(C) the actual or imminent increase in volume of such imports into the United States; ``(D) the nature and extent of the action taken or proposed by the WTO member concerned; [[Page H3665]] ``(E) the extent of exports from the People's Republic of China to that WTO member and to the United States; ``(F) the actual or imminent changes in exports to that WTO member due to the action taken or proposed; ``(G) the actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; ``(H) cyclical or seasonal trends in import volumes into the United States of the products at issue; and ``(I) conditions of demand and supply in the United States market for the products at issue. The presence or absence of any factor under any of subparagraphs (A) through (I) is not necessarily dispositive of whether a significant diversion of trade or the threat thereof exists. ``(2) For purposes of making its determination, the Commission shall examine changes in imports into the United States from the People's Republic of China since the time that the WTO member commenced the investigation that led to a request for consultations described in subsection (a). ``(3) If more than 1 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 cumulatively assess the actual or likely effects of such actions jointly in determining whether a significant diversion of trade or threat thereof exists. ``(e) Commission Determination; Agreement Authority.--(1) The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b) at the earliest practicable time, but in no case later than 45 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) The Trade Representative is authorized to enter into agreements with the People's Republic of China or the other WTO members concerned to take such action as necessary to prevent or remedy significant trade diversion or threat thereof into the domestic market of the United States, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in paragraph (1) or a determination which the Trade Representative considers to be an affirmative determination pursuant to paragraph (1). ``(3) Report by Commission.-- ``(A) Not later than 10 days after a determination under subsection (b), is made, the Commission shall transmit a report to the President and the Trade Representative. ``(B) The Commission shall include in the report required under subparagraph (A) the following: ``(i) The determination made under subsection (b) and an explanation of the basis for the determination. ``(ii) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e)(1), the recommendations of the Commission on increased tariffs or other import restrictions to be imposed to prevent or remedy the trade diversion or threat thereof, and explanations of the bases for such recommendations. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy the trade diversion or threat thereof. ``(iii) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in clauses (i) and (ii). ``(iv) A description of-- ``(I) the short- and long-term effects that implementation of the action recommended under clause (ii) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(II) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry are located, and on other domestic industries. ``(C) The Commission, after submitting a report to the President under subparagraph (A), shall promptly make it available to the public (with the exception of confidential business information) and cause a summary thereof to be published in the Federal Register. ``(f) Public Comment.--If consultations fail to lead to an agreement with the People's Republic of China or the WTO member concerned within 60 days, the Trade Representative shall promptly publish notice in the Federal Register of any proposed action to prevent or remedy the trade diversion, and provide an opportunity for interested persons to present views and evidence on whether the proposed action is in the public interest. ``(g) Recommendation to the President.--Within 20 days after the end of consultations pursuant to subsection (e), the Trade Representative shall make a recommendation to the President on what action, if any, should be taken to prevent or remedy the trade diversion or threat thereof. ``(h) Presidential Action.--Within 20 days after receipt of the recommendation from the Trade Representative, the President shall determine what action to take to prevent or remedy the trade diversion or threat thereof. ``(i) Duration of Action.--Action taken under subsection (h) shall be terminated not later than 30 days after expiration of the action taken by the WTO member or members involved against imports from the People's Republic of China. ``(j) Review of Circumstances.--(1) The Commission shall review the continued need for action taken under subsection (h) if the WTO member or members involved notify the Committee on Safeguards of the WTO of any modification in the action taken by them against the People's Republic of China pursuant to consultation referred to in subsection (a). The Commission shall, not later than 60 days after such notification, determine whether a significant diversion of trade continues to exist and report its determination to the President. The President shall determine, within 15 days after receiving the Commission's report, whether to modify, withdraw, or keep in place the action taken under subsection (h). ``SEC. 423. REGULATIONS; TERMINATION OF PROVISION. ``(a) To Carry Out Restrictions and Monitoring.--The President shall by regulation provide for the efficient and fair administration of any restriction proclaimed pursuant to the subtitle and to provide for effective monitoring of imports under section 422(a). ``(b) To Carry Out Agreements.--To carry out an agreement concluded pursuant to consultations under section 421(j) or 422(e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. ``(c) Termination Date.--This subtitle and any regulations issued under this subtitle shall cease to be effective 12 years after the date of entry into force of the Protocol of Accession of the People's Republic of China to the WTO.''. (b) Conforming Amendment.--The table on contents of the Trade Act of 1974 is amended-- (1) in the item relating to title IV, by striking ``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; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``U.S.- China Relations Act of 2000''. (b) Table of Contents.--The table of contents of this division is as follows: TITLE II--GENERAL PROVISIONS Sec. 201. Short title; table of contents. 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. 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. [[Page H3666]] 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, 2 agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999. (4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years. (5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent. (6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements. (7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market. (8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization. (9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced. (10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other 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 People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor. (11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that ``[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.''. (12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of ``reeducation through labor'', denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor. SEC. 203. POLICY. It is the policy of the United States-- (1) to develop trade relations that broaden the benefits of trade, and lead to a leveling up, rather than a leveling down, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders; (2) to pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of United States law as appropriate; (3) to encourage foreign governments to conduct both commercial and noncommercial affairs according to the rule of law developed through democratic processes; (4) to encourage the Government of the People's Republic of China to afford its workers internationally recognized worker rights; (5) to encourage the Government of the People's Republic of China to protect the human rights of people within the territory of the People's Republic of China, and to take steps toward protecting such rights, including, but not limited to-- (A) ratifying the International Covenant on Civil and Political Rights; (B) protecting the right to liberty of movement and freedom to choose a residence within the People's Republic of China and the right to leave from and return to the People's Republic of China; and (C) affording a criminal defendant-- (i) the right to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (ii) the right to be informed, if he or she does not have legal assistance, of the right set forth in clause (i); (iii) the right to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (iv) the right to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (v) the right to be presumed innocent until proved guilty according to law; and (vi) the right to be tried without undue delay; and (6) to highlight in the United Nations Human Rights Commission and in other appropriate fora violations of human rights by foreign governments and to seek the support of other governments in urging improvements in human rights practices. SEC. 204. DEFINITIONS. In this division: (1) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(16)). (2) Government of the people's republic of china.--The term ``Government of the People's Republic of China'' means the central Government of the People's Republic of China and any other governmental entity, including any provincial, prefectural, or local entity and any enterprise that is controlled by the central Government or any such governmental entity or as to which the central Government or any such governmental entity is entitled to receive a majority of the profits. (3) Internationally recognized worker rights.--The term ``internationally recognized worker rights'' has the meaning given that term in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the right to the elimination of the ``worst forms of child labor'', as defined in section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)). (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (5) WTO; world trade organization.--The terms ``WTO'' and ``World Trade Organization'' mean the organization established pursuant to the WTO Agreement. (6) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (7) WTO member.--The term ``WTO member'' has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA SEC. 301. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA. There is established a Congressional-Executive Commission on the People's Republic of China (in this title referred to as the ``Commission''). [[Page H3667]] 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; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and (12) free choice of employment. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of the People's Republic of China; (5) the extent to which individuals are treated equally under the laws of the of the People's Republic of China without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in the People's Republic of China are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the People's Republic of China and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in the People's Republic of China. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Cooperation With Special Coordinator.--In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State. (g) Annual Reports.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (h) Specific Information in Annual Reports.--The Commission's report under subsection (g) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (12) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (i) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (g), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (j) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c). SEC. 303. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 23 members as follows: (1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five members shall be selected from the majority party and four members shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Nine Members of the Senate appointed by the President of the Senate. Five members shall be selected, after consultation with the majority leader of the Senate, from the majority party, and four members shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (6) Two at-large representatives, appointed by the President of the United States, from among the officers and employees of the executive branch. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 304. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, [[Page H3668]] shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the Members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 305. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 306. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this title, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 307. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 308. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission may be auth

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AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA
(House of Representatives - May 24, 2000)

Text of this article available as: TXT PDF [Pages H3662-H3711] AUTHORIZING EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS TREATMENT) TO PEOPLE'S REPUBLIC OF CHINA Mr. ARCHER. Mr. Speaker, pursuant to House Resolution 510, I call up the bill (H.R. 4444) to authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 510, the bill is considered read for amendment. The text of H.R. 4444 is as follows: H.R. 4444 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.--Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 2. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 1(a)(1) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, title IV of the Trade Act of 1974 shall cease to apply to that country. The SPEAKER pro tempore. The amendment printed in House Report 106- 636 is adopted in lieu of the amendment printed in the bill. The text of the amendment in the nature of a substitute printed in House Report 106-626 is as follows: Strike all after the enacting clause and insert the following: DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA TITLE I--NORMAL TRADE RELATIONS SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA. (a) Presidential Determinations and Extension of Nondiscriminatory Treatment.--Notwithstanding any provision of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by section 103(a)(2) of this Act, the President may-- (1) determine that such chapter should no longer apply to the People's Republic of China; and (2) after making a determination under paragraph (1) with respect to the People's Republic of China, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Accession of the People's Republic of China to the World Trade Organization.-- [[Page H3663]] Prior to making the determination provided for in subsection (a)(1) and pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall transmit a report to Congress certifying that the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999. SEC. 102. EFFECTIVE DATE. (a) Effective Date of Nondiscriminatory Treatment.--The extension of nondiscriminatory treatment pursuant to section 101(a) shall be effective no earlier than the effective date of the accession of the People's Republic of China to the World Trade Organization. (b) Termination of Applicability of Title IV.--On and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of the People's Republic of China, chapter 1 of title IV of the Trade Act of 1974 (as designated by section 103(a)(2) of this Act) shall cease to apply to that country. SEC. 103. RELIEF FROM MARKET DISRUPTION. (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) is amended-- (1) in the title heading, by striking ``CURRENTLY''; (2) by inserting before section 401 the following: ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''; and (3) by adding at the end the following new chapter: ``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF TRADE TO THE UNITED STATES MARKET ``SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION. ``(a) Presidential Action.--If a product of the People's Republic of China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of a like or directly competitive product, the President shall, in accordance with the provisions of this section, proclaim increased duties or other import restrictions with respect to such product, to the extent and for such period as the President considers necessary to prevent or remedy the market disruption. ``(b) Initiation of an Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)), upon the request of the President or the United States Trade Representative (in this subtitle referred to as the `Trade Representative'), upon resolution of either the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate (in this subtitle referred to as the `Committees') or on its own motion, the United States International Trade Commission (in this subtitle referred to as the `Commission') shall promptly make an investigation to determine whether products of the People's Republic of China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. ``(2) The limitations on investigations set forth in section 202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply to investigations conducted under this section. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(4) Whenever a petition is filed, or a request or resolution is received, under this subsection, the Commission shall transmit a copy thereof to the President, the Trade Representative, the Committee on Ways and Means of the House of Representatives, and the Committee of Finance of the Senate, except that in the case of confidential business information, the copy may include only nonconfidential summaries of such information. ``(5) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(c) Market Disruption.--(1) For purposes of this section, market disruption exists whenever imports of an article like or directly competitive with an article produced by a domestic industry are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ``(2) For purposes of paragraph (1), the term `significant cause' refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause. ``(d) Factors in Determination.--In determining whether market disruption exists, the Commission shall consider objective factors, including-- ``(1) the volume of imports of the product which is the subject of the investigation; ``(2) the effect of imports of such product on prices in the United States for like or directly competitive articles; and ``(3) the effect of imports of such product on the domestic industry producing like or directly competitive articles. The presence or absence of any factor under paragraph (1), (2), or (3) is not necessarily dispositive of whether market disruption exists. ``(e) Time for Commission Determinations.--The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b)(1) at the earliest practicable time, but in no case later than 60 days (or 90 days in the case of a petition requesting relief under subsection (i)) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(f) Recommendations of Commission on Proposed Remedies.-- If the Commission makes an affirmative determination under subsection (b), or a determination which the President or the Trade Representative may consider as affirmative under subsection (e), the Commission shall propose the amount of increase in, or imposition of, any duty or other import restrictions necessary to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (g), separate views regarding what action, if any, should be taken to prevent or remedy market disruption. ``(g) Report by Commission.--(1) Not later than 20 days after a determination under subsection (b) is made, the Commission shall submit a report to the President and the Trade Representative. ``(2) The Commission shall include in the report required under paragraph (1) the following: ``(A) The determination made under subsection (b) and an explanation of the basis for the determination. ``(B) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e), the recommendations of the Commission on proposed remedies under subsection (f) and an explanation of the basis for each recommendation. ``(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B). ``(D) A description of-- ``(i) the short- and long-term effects that implementation of the action recommended under subsection (f) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries. ``(3) The Commission, after submitting a report to the President under paragraph (1), shall promptly make it available to the public (but shall not include confidential business information) and cause a summary thereof to be published in the Federal Register. ``(h) Opportunity To Present Views and Evidence on Proposed Measure and Recommendation to the President.--(1) Within 20 days after receipt of the Commission's report under subsection (g) (or 15 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative shall publish in the Federal Register notice of any measure proposed by the Trade Representative to be taken pursuant to subsection (a) and of the opportunity, including a public hearing, if requested, for importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. ``(2) Within 55 days after receipt of the report under subsection (g) (or 35 days in the case of an affirmative preliminary determination under subsection (i)(1)(B)), the Trade Representative, taking into account the views and evidence received under paragraph (1) on the measure proposed by the Trade Representative, shall make a recommendation to the President concerning what action, if any, to take to prevent or remedy the market disruption. ``(i) Critical Circumstances.--(1) When a petition filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to the product identified in the petition, the Commission shall, not later than 45 days after the petition containing the request is filed-- ``(A) determine whether delay in taking action under this section would cause damage to the relevant domestic industry which would be difficult to repair; and ``(B) if the determination under subparagraph (A) is affirmative, make a preliminary [[Page H3664]] determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. If the Commissioners voting are equally divided with respect to either of its determinations, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Commission shall include in its report its recommendations on proposed provisional measures to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the proposed provisional measures to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional measures referred to in this paragraph. ``(3) If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, determine the amount or extent of provisional relief that is necessary to prevent or remedy the market disruption and shall provide a recommendation to the President on what provisional measures, if any, to take. ``(4)(A) The President shall determine whether to provide provisional relief and proclaim such relief, if any, within 10 days after receipt of the recommendation from the Trade Representative. ``(B) Such relief may take the form of-- ``(i) the imposition of or increase in any duty; ``(ii) any modification, or imposition of any quantitative restriction on the importation of an article into the United States; or ``(iii) any combination of actions under clauses (i) and (ii). ``(C) Any provisional action proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect not more than 200 days. ``(D) Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief, or upon a negative determination by the Commission under subsection (b). ``(j) Agreements With the People's Republic of China.--(1) The Trade Representative is authorized to enter into agreements for the People's Republic of China to take such action as necessary to prevent or remedy market disruption, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in subsection (e) or a determination which the Trade Representative considers to be an affirmative determination pursuant to subsection (e). ``(2) If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1), or if the President determines than an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue, the President shall provide import relief in accordance with subsection (a). ``(k) Standard for Presidential Action.--(1) Within 15 days after receipt of a recommendation from the Trade Representative under subsection (h) on the appropriate action, if any, to take to prevent or remedy the market disruption, the President shall provide import relief for such industry pursuant to subsection (a), unless the President determines that provision of such relief is not in the national economic interest of the United States or, in extraordinary cases, that the taking of action pursuant to subsection (a) would cause serious harm to the national security of the United States. ``(2) The President may determine under paragraph (1) that providing import relief is not in the national economic interest of the United States only if the President finds that the taking of such action would have an adverse impact on the United States economy clearly greater than the benefits of such action. ``(l) Publication of Decision and Reports.--(1) The President's decision, including the reasons therefor and the scope and duration of any action taken, shall be published in the Federal Register. ``(2) The Commission shall promptly make public any report transmitted under this section, but shall not make public any information which the Commission determines to be confidential, and shall publish notice of such report in the Federal Register. ``(m) Effective Date of Relief.--Import relief under this section shall take effect not later than 15 days after the President's determination to provide such relief. ``(n) Modifications of Relief.--(1) At any time after the end of the 6-month period beginning on the date on which relief under subsection (m) first takes effect, the President may request that the Commission provide a report on the probable effect of the modification, reduction, or termination of the relief provided on the relevant industry. The Commission shall transmit such report to the President within 60 days of the request. ``(2) The President may, after receiving a report from the Commission under paragraph (1), take such action to modify, reduce, or terminate relief that the President determines is necessary to continue to prevent or remedy the market disruption at issue. ``(3) Upon the granting of relief under subsection (k), the Commission shall collect such data as is necessary to allow it to respond rapidly to a request by the President under paragraph (1). ``(o) Extension of Action.--(1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any relief provided under subsection (k) is to terminate, the Commission shall investigate to determine whether action under this section continues to be necessary to prevent or remedy market disruption. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. ``(3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under subsection (m) is to terminate. ``(4) The President, after receiving an affirmative determination from the Commission under paragraph (3), may extend the effective period of any action under this section if the President determines that the action continues to be necessary to prevent or remedy the market disruption. ``SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION. ``(a) Monitoring by Customs Service.--In any case in which a WTO member other than the United States requests consultations with the People's Republic of China under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the World Trade Organization, the Trade Representative shall inform the United States Customs Service, which shall monitor imports into the United States of those products of Chinese origin that are the subject of the consultation request. Data from such monitoring shall promptly be made available to the Commission upon request by the Commission. ``(b) Initiation of Investigation.--(1) Upon the filing of a petition by an entity described in section 202(a) of the Trade Act of 1974, upon the request of the President or the Trade Representative, upon resolution of either of the Committees, or on its own motion, the Commission shall promptly make an investigation to determine whether an action described in subsection (c) has caused, or threatens to cause, a significant diversion of trade into the domestic market of the United States. ``(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. ``(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. ``(c) Actions Described.--An action is described in this subsection if it is an action-- ``(1) by the People's Republic of China to prevent or remedy market disruption in a WTO member other than the United States; ``(2) by a WTO member other than the United States to withdraw concessions under the WTO Agreement or otherwise to limit imports to prevent or remedy market disruption; ``(3) by a WTO member other than the United States to apply a provisional safeguard within the meaning of the product- specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO; or ``(4) any combination of actions described in paragraphs (1) through (3). ``(d) Basis for Determination of Significant Diversion.-- (1) In determining whether significant diversion or the threat thereof exists for purposes of this section, the Commission shall take into account, to the extent such evidence is reasonably available-- ``(A) the monitoring conducted under subsection (a); ``(B) the actual or imminent increase in United States market share held by such imports from the People's Republic of China; ``(C) the actual or imminent increase in volume of such imports into the United States; ``(D) the nature and extent of the action taken or proposed by the WTO member concerned; [[Page H3665]] ``(E) the extent of exports from the People's Republic of China to that WTO member and to the United States; ``(F) the actual or imminent changes in exports to that WTO member due to the action taken or proposed; ``(G) the actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; ``(H) cyclical or seasonal trends in import volumes into the United States of the products at issue; and ``(I) conditions of demand and supply in the United States market for the products at issue. The presence or absence of any factor under any of subparagraphs (A) through (I) is not necessarily dispositive of whether a significant diversion of trade or the threat thereof exists. ``(2) For purposes of making its determination, the Commission shall examine changes in imports into the United States from the People's Republic of China since the time that the WTO member commenced the investigation that led to a request for consultations described in subsection (a). ``(3) If more than 1 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 cumulatively assess the actual or likely effects of such actions jointly in determining whether a significant diversion of trade or threat thereof exists. ``(e) Commission Determination; Agreement Authority.--(1) The Commission shall make and transmit to the President and the Trade Representative its determination under subsection (b) at the earliest practicable time, but in no case later than 45 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, under subsection (b). If the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. ``(2) The Trade Representative is authorized to enter into agreements with the People's Republic of China or the other WTO members concerned to take such action as necessary to prevent or remedy significant trade diversion or threat thereof into the domestic market of the United States, and should seek to conclude such agreements before the expiration of the 60-day consultation period provided for under the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO, which shall commence not later than 5 days after the Trade Representative receives an affirmative determination provided for in paragraph (1) or a determination which the Trade Representative considers to be an affirmative determination pursuant to paragraph (1). ``(3) Report by Commission.-- ``(A) Not later than 10 days after a determination under subsection (b), is made, the Commission shall transmit a report to the President and the Trade Representative. ``(B) The Commission shall include in the report required under subparagraph (A) the following: ``(i) The determination made under subsection (b) and an explanation of the basis for the determination. ``(ii) If the determination under subsection (b) is affirmative, or may be considered by the President or the Trade Representative as affirmative under subsection (e)(1), the recommendations of the Commission on increased tariffs or other import restrictions to be imposed to prevent or remedy the trade diversion or threat thereof, and explanations of the bases for such recommendations. Only those members of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the proposed action to prevent or remedy the trade diversion or threat thereof. ``(iii) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in clauses (i) and (ii). ``(iv) A description of-- ``(I) the short- and long-term effects that implementation of the action recommended under clause (ii) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and ``(II) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry are located, and on other domestic industries. ``(C) The Commission, after submitting a report to the President under subparagraph (A), shall promptly make it available to the public (with the exception of confidential business information) and cause a summary thereof to be published in the Federal Register. ``(f) Public Comment.--If consultations fail to lead to an agreement with the People's Republic of China or the WTO member concerned within 60 days, the Trade Representative shall promptly publish notice in the Federal Register of any proposed action to prevent or remedy the trade diversion, and provide an opportunity for interested persons to present views and evidence on whether the proposed action is in the public interest. ``(g) Recommendation to the President.--Within 20 days after the end of consultations pursuant to subsection (e), the Trade Representative shall make a recommendation to the President on what action, if any, should be taken to prevent or remedy the trade diversion or threat thereof. ``(h) Presidential Action.--Within 20 days after receipt of the recommendation from the Trade Representative, the President shall determine what action to take to prevent or remedy the trade diversion or threat thereof. ``(i) Duration of Action.--Action taken under subsection (h) shall be terminated not later than 30 days after expiration of the action taken by the WTO member or members involved against imports from the People's Republic of China. ``(j) Review of Circumstances.--(1) The Commission shall review the continued need for action taken under subsection (h) if the WTO member or members involved notify the Committee on Safeguards of the WTO of any modification in the action taken by them against the People's Republic of China pursuant to consultation referred to in subsection (a). The Commission shall, not later than 60 days after such notification, determine whether a significant diversion of trade continues to exist and report its determination to the President. The President shall determine, within 15 days after receiving the Commission's report, whether to modify, withdraw, or keep in place the action taken under subsection (h). ``SEC. 423. REGULATIONS; TERMINATION OF PROVISION. ``(a) To Carry Out Restrictions and Monitoring.--The President shall by regulation provide for the efficient and fair administration of any restriction proclaimed pursuant to the subtitle and to provide for effective monitoring of imports under section 422(a). ``(b) To Carry Out Agreements.--To carry out an agreement concluded pursuant to consultations under section 421(j) or 422(e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. ``(c) Termination Date.--This subtitle and any regulations issued under this subtitle shall cease to be effective 12 years after the date of entry into force of the Protocol of Accession of the People's Republic of China to the WTO.''. (b) Conforming Amendment.--The table on contents of the Trade Act of 1974 is amended-- (1) in the item relating to title IV, by striking ``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; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``U.S.- China Relations Act of 2000''. (b) Table of Contents.--The table of contents of this division is as follows: TITLE II--GENERAL PROVISIONS Sec. 201. Short title; table of contents. 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. 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. [[Page H3666]] 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, 2 agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999. (4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years. (5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent. (6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements. (7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market. (8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization. (9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced. (10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other 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 People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor. (11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that ``[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.''. (12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of ``reeducation through labor'', denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor. SEC. 203. POLICY. It is the policy of the United States-- (1) to develop trade relations that broaden the benefits of trade, and lead to a leveling up, rather than a leveling down, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders; (2) to pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of United States law as appropriate; (3) to encourage foreign governments to conduct both commercial and noncommercial affairs according to the rule of law developed through democratic processes; (4) to encourage the Government of the People's Republic of China to afford its workers internationally recognized worker rights; (5) to encourage the Government of the People's Republic of China to protect the human rights of people within the territory of the People's Republic of China, and to take steps toward protecting such rights, including, but not limited to-- (A) ratifying the International Covenant on Civil and Political Rights; (B) protecting the right to liberty of movement and freedom to choose a residence within the People's Republic of China and the right to leave from and return to the People's Republic of China; and (C) affording a criminal defendant-- (i) the right to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (ii) the right to be informed, if he or she does not have legal assistance, of the right set forth in clause (i); (iii) the right to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (iv) the right to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (v) the right to be presumed innocent until proved guilty according to law; and (vi) the right to be tried without undue delay; and (6) to highlight in the United Nations Human Rights Commission and in other appropriate fora violations of human rights by foreign governments and to seek the support of other governments in urging improvements in human rights practices. SEC. 204. DEFINITIONS. In this division: (1) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(16)). (2) Government of the people's republic of china.--The term ``Government of the People's Republic of China'' means the central Government of the People's Republic of China and any other governmental entity, including any provincial, prefectural, or local entity and any enterprise that is controlled by the central Government or any such governmental entity or as to which the central Government or any such governmental entity is entitled to receive a majority of the profits. (3) Internationally recognized worker rights.--The term ``internationally recognized worker rights'' has the meaning given that term in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the right to the elimination of the ``worst forms of child labor'', as defined in section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)). (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (5) WTO; world trade organization.--The terms ``WTO'' and ``World Trade Organization'' mean the organization established pursuant to the WTO Agreement. (6) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (7) WTO member.--The term ``WTO member'' has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA SEC. 301. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA. There is established a Congressional-Executive Commission on the People's Republic of China (in this title referred to as the ``Commission''). [[Page H3667]] 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; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and (12) free choice of employment. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of the People's Republic of China; (5) the extent to which individuals are treated equally under the laws of the of the People's Republic of China without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in the People's Republic of China are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the People's Republic of China and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in the People's Republic of China. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Cooperation With Special Coordinator.--In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State. (g) Annual Reports.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (h) Specific Information in Annual Reports.--The Commission's report under subsection (g) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (12) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (i) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (g), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (j) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c). SEC. 303. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 23 members as follows: (1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five members shall be selected from the majority party and four members shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Nine Members of the Senate appointed by the President of the Senate. Five members shall be selected, after consultation with the majority leader of the Senate, from the majority party, and four members shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (6) Two at-large representatives, appointed by the President of the United States, from among the officers and employees of the executive branch. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 304. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, [[Page H3668]] shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the Members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 305. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 306. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this title, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 307. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 308. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission m