[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4306 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4306

    To provide for commercial and labor rule of law programs in the 
People's Republic of China to enhance rationality and accountability in 
the administration of justice in the commercial area, strengthen labor 
     rights protection, and lay the intellectual and institutional 
                    groundwork for further reforms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2000

 Mr. Gejdenson (for himself, Mr. Bereuter, Mr. Porter, Mr. Berman, Mr. 
   Ackerman, Mr. Hastings of Florida, and Mrs. Lowey) introduced the 
 following bill; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                                 A BILL


 
    To provide for commercial and labor rule of law programs in the 
People's Republic of China to enhance rationality and accountability in 
the administration of justice in the commercial area, strengthen labor 
     rights protection, and lay the intellectual and institutional 
                    groundwork for further reforms.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Commercial 
Competitiveness and Labor Rights in China Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Establishment of rule of law programs.
Sec. 4. Administrative authorities.
Sec. 5. Prohibition relating to human rights abuses.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--
            (1) The United States and the People's Republic of China 
        signed a bilateral agreement on November 15, 1999, on accession 
        of China to the World Trade Organization (hereinafter referred 
        to as the ``China-WTO Agreement''), under which China made a 
        detailed set of concessions eliminating or limiting tariff and 
        non-tariff barriers to trade in order to become a member of the 
        World Trade Organization (WTO).
            (2) Under the China-WTO Agreement, the Government of the 
        People's Republic of China will be required to amend many of 
        its laws, transform its institutions, and change its policies 
        to bring them into conformity with international trade rules.
            (3) Officials of the Government of the People's Republic of 
        China, both at the national and provincial levels, must 
        interpret and implement the terms and conditions of the China-
        WTO Agreement and the WTO regime into concrete policies, rules, 
        and regulations--a process which can materially benefit or harm 
        United States companies and their workers.
            (4) The China-WTO Agreement, despite the desperate need in 
        the People's Republic of China for independent labor unions and 
        other resources which inform workers of their rights and fight 
        against exploitative working conditions, does not require China 
        to make changes in the labor rights area.
            (5) The United States currently provides a small amount of 
        assistance to promote the rule of law in the People's Republic 
        of China, but does not have authorization to help officials of 
        the Chinese Government to write the laws, rules, and 
        regulations necessary to implement its obligations under the 
        China-WTO Agreement, or to promote better enforcement of labor 
        laws and regulations and respect for core labor rights as 
        developed by the International Labor Organization.
            (6) Major United States trade competitors, including the 
        European Union, Japan, France, Germany, Canada, and Australia, 
        have already launched extensive, multi-year rule of law 
        programs in the People's Republic of China designed to promote 
        rationality and openness in the administration of commercial 
        law as well as to assist the People's Republic of China in 
        revising its trade and investment laws to make them consistent 
        with the requirements of the WTO, through training programs, 
        workshops, seminars, and exchanges.
            (7) It is critical that the United States aggressively 
        protect its hard-won concessions from the People's Republic of 
        China relating to WTO membership by ensuring that China--
                    (A) writes laws, rules, and regulations that are 
                fair, open, and transparent, and that do not 
                discriminate against United States commercial 
                interests; and
                    (B) revises and expands existing labor legislation 
                to bring labor laws into compliance with 
                internationally-recognized core labor standards, as 
                defined by the International Labor Organization, and as 
                noted in the International Covenants on Civil and 
                Political Rights, and Economic, Social and Cultural 
                Rights.
            (8) Over the last eight years, the Commercial Law 
        Development Division of the United States Department of 
        Commerce has dispatched United States lawyers to developing 
        countries to help such countries improve their laws and 
        institutions in order to promote economic reform and compliance 
        with international trade regimes.
            (9) Extending commercial and labor rule of law programs in 
        the People's Republic of China will further United States 
        national interests even if the Government of China continues to 
        impede the development of the rule of law in others aspects of 
        Chinese society.
    (b) Purpose.--The purpose of this Act is to establish commercial 
and labor rule of law programs in the People's Republic of China to 
enhance rationality and accountability in the administration of justice 
in the commercial area, strengthen labor rights protection, and lay the 
intellectual and institutional groundwork for further reforms.

SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS.

    (a) Commercial Rule of Law Program.--
            (1) In general.--The Secretary of Commerce, in consultation 
        with the Secretary of State and the Administrator of the United 
        States Agency for International Development, is authorized to 
        establish a program to conduct rule of law training and 
        technical assistance related to commercial activities in the 
        People's Republic of China.
            (2) Role of the secretary of state.--The Secretary of State 
        shall provide foreign policy guidance to the Secretary of 
        Commerce to ensure that the program established under paragraph 
        (1) is effectively integrated into the foreign policy of the 
        United States.
    (b) Labor Rule of Law Program.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary of Labor, is authorized to establish a 
        program to conduct rule of law training and technical 
        assistance related to labor activities in the People's Republic 
        of China.
            (2) Limitation.--The Secretary of State shall not provide 
        assistance under the program authorized by paragraph (1) to the 
        All-China Federation of Trade Unions.
    (c) Conduct of Programs.--The programs authorized by this section 
may be used to conduct activities such as seminars and workshops, 
drafting of commercial and labor codes, legal training, publications, 
financing the operating costs for nongovernmental organizations working 
in this area, and funding the travel of individuals to the United 
States and to the People's Republic of China to provide and receive 
training.

SEC. 4. ADMINISTRATIVE AUTHORITIES.

    In carrying out the programs authorized by section 3, the Secretary 
of Commerce and the Secretary of State may utilize any of the 
authorities contained in the Foreign Assistance Act of 1961 and the 
Foreign Service Act of 1980.

SEC. 5. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.

    Amounts made available to carry out this Act may not be provided to 
a component of a ministry or other administrative unit of the national, 
provincial, or other local governments of the People's Republic of 
China, to a nongovernmental organization, or to an official of such 
governments or organizations, if the President has credible evidence 
that such component, administrative unit, organization or official has 
been materially responsible for the commission of human rights 
violations.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commercial Law Program.--There are authorized to be 
appropriated to the Secretary of Commerce to carry out the program 
described in section 3(a) such sums as may be necessary for fiscal year 
2001 and each subsequent fiscal year.
    (b) Labor Law Program.--There are authorized to be appropriated to 
the Secretary of State to carry out the program described in section 
3(b) such sums as may be necessary for fiscal year 2001 and each 
subsequent fiscal year.
    (c) Construction With Other Laws.--Except as provided in this Act, 
funds appropriated pursuant to the authorization of appropriations in 
this section may be obligated or expended notwithstanding any other 
provision of law.
                                 <all>