[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3129-S3130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1595. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM, 
                   AND EXPANSION OF BASES OF INELIGIBILITY FOR 
                   NORMAL TRADE RELATIONS OF, PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Withdrawal of Normal Trade Relations Treatment From the 
     People's Republic of China.--Notwithstanding the provisions 
     of title I of Public Law 106-286 (114 Stat. 880) or any other 
     provision of law, effective on the date of the enactment of 
     this Act--
       (1) normal trade relations treatment shall not apply 
     pursuant to section 101 of that Act to the products of the 
     People's Republic of China;
       (2) normal trade relations treatment may thereafter be 
     extended to the products of the People's Republic of China 
     only in accordance with the provisions of chapter 1 of title 
     IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as in 
     effect with respect to the products of the People's Republic 
     of China on the day before the effective date of the 
     accession of the People's Republic of China to the World 
     Trade Organization; and

[[Page S3130]]

       (3) the extension of waiver authority that was in effect 
     with respect to the People's Republic of China under section 
     402(d)(1) of the Trade Act of 1974 (19 U.S.C. 2432(d)(1)) on 
     the day before the effective date of the accession of the 
     People's Republic of China to the World Trade Organization 
     shall, upon the enactment of this Act, be deemed not to have 
     expired, and shall continue in effect until the date that is 
     90 days after the date of such enactment.
       (b) Expansion of Bases of Ineligibility of People's 
     Republic of China for Normal Trade Relations.--
       (1) In general.--Section 402 of the Trade Act of 1974 (19 
     U.S.C. 2432) is amended--
       (A) in the section heading, by striking ``freedom of 
     emigration in east-west trade'' and inserting ``east-west 
     trade and human rights''; and
       (B) by adding at the end the following:
       ``(f) Additional Bases of Ineligibility of People's 
     Republic of China for Normal Trade Relations.--
       ``(1) In general.--Products from the People's Republic of 
     China shall not be eligible to receive nondiscriminatory 
     treatment (normal trade relations), the People's Republic of 
     China shall not participate in any program of the Government 
     of the United States which extends credits or credit 
     guarantees or investment guarantees, directly or indirectly, 
     and the President shall not conclude any commercial agreement 
     with the People's Republic of China, during the period--
       ``(A) beginning with the date on which the President 
     determines that the People's Republic of China--
       ``(i) is in violation of paragraph (1), (2), or (3) of 
     subsection (a);
       ``(ii) uses or provides for the use of slave labor;
       ``(iii) operates `vocational training and education 
     centers' or other concentration camps where people are held 
     against their will;
       ``(iv) performs or otherwise orders forced abortion or 
     sterilization procedures;
       ``(v) harvests the organs of prisoners without their 
     consent;
       ``(vi) hinders the free exercise of religion;
       ``(vii) intimidates or harasses nationals of the People's 
     Republic of China living outside the People's Republic of 
     China; or
       ``(viii) engages in systematic economic espionage against 
     the United States, including theft of the intellectual 
     property of United States persons; and
       ``(B) ending on the date on which the President determines 
     that the People's Republic of China is no longer in violation 
     of any of clauses (i) through (viii) of subparagraph (A).
       ``(2) Report required.--
       ``(A) In general.--After the date of the enactment of this 
     subsection, products of the People's Republic of China may be 
     eligible to receive nondiscriminatory treatment (normal trade 
     relations), the People's Republic of China may participate in 
     any program of the Government of the United States which 
     extends credits or credit guarantees or investment 
     guarantees, and the President may conclude a commercial 
     agreement with the People's Republic of China, only after the 
     President has submitted to Congress a report indicating that 
     the People's Republic of China is not in violation of any of 
     clauses (i) through (viii) of paragraph (1)(A).
       ``(B) Elements.--The report required by subparagraph (A) 
     shall include information as to the nature and implementation 
     of laws and policies of the People's Republic of China 
     relating to the matters specified in clauses (i) through 
     (viii) of paragraph (1)(A).
       ``(C) Deadlines.--The report required by subparagraph (A) 
     shall be submitted on or before each June 30 and December 31 
     of each year for as long as products of the People's Republic 
     of China receive nondiscriminatory treatment (normal trade 
     relations), the People's Republic of China participates in 
     any program of the Government of the United States which 
     extends credits or credit guarantees or investment 
     guarantees, or a commercial agreement with the People's 
     Republic of China is in effect.
       ``(3) Waiver.--
       ``(A) In general.--The President is authorized to waive by 
     Executive order the application of paragraphs (1) and (2) for 
     a 12-month period if the President submits to Congress a 
     report that the President--
       ``(i) has determined that such waiver will substantially 
     promote the objectives of this subsection; and
       ``(ii) has received assurances that the practices of the 
     People's Republic of China relating to the matters specified 
     in clauses (i) through (viii) of paragraph (1)(A) will in the 
     future lead substantially to the achievement of the 
     objectives of this subsection.
       ``(B) Termination of waiver.--A waiver under subparagraph 
     (A) shall terminate on the earlier of--
       ``(i) the day after the waiver authority granted by this 
     paragraph ceases to be effective under paragraph (4); or
       ``(ii) the effective date of an Executive order providing 
     for termination of the waiver.
       ``(4) Extension of waiver authority.--
       ``(A) Recommendations.--If the President determines that 
     the further extension of the waiver authority granted under 
     paragraph (3) will substantially promote the objectives of 
     this subsection, the President may recommend further 
     extensions of such authority for successive 12-month periods. 
     Any such recommendations shall--
       ``(i) be made not later than 30 days before the expiration 
     of such authority;
       ``(ii) be made in a document submitted to the House of 
     Representatives and the Senate setting forth the reasons of 
     the President for recommending the extension of such 
     authority; and
       ``(iii) include--

       ``(I) a determination that continuation of the waiver will 
     substantially promote the objectives of this subsection; and
       ``(II) a statement setting forth the reasons of the 
     President for such determination.

       ``(B) Continuation in effect of waiver.--If the President 
     recommends under subparagraph (A) the further extension of 
     the waiver authority granted under paragraph (3), such 
     authority shall continue in effect until the end of the 12-
     month period following the end of the previous 12-month 
     extension, unless--
       ``(i) Congress adopts and transmits to the President a 
     joint resolution of disapproval under paragraph (5) before 
     the end of the 60-day period beginning on the date the waiver 
     authority would expire but for an extension under 
     subparagraph (A); and
       ``(ii) if the President vetoes the joint resolution, each 
     House of Congress votes to override the veto on or before the 
     later of--

       ``(I) the last day of the 60-day period referred to in 
     clause (i); or
       ``(II) the last day of the 15-day period (excluding any day 
     described in section 154(b)) beginning on the date on which 
     Congress receives the veto message from the President.

       ``(C) Termination of waiver pursuant to joint resolution of 
     disapproval.--If a joint resolution of disapproval is enacted 
     into law pursuant to paragraph (5), the waiver authority 
     granted under paragraph (3) shall cease to be effective as of 
     the day after the 60-day period beginning on the date of the 
     enactment of the joint resolution.
       ``(5) Joint resolution of disapproval.--
       ``(A) Joint resolution of disapproval defined.--In this 
     paragraph, the term `joint resolution of disapproval' means a 
     joint resolution the matter after the resolving clause of 
     which is as follows: `That Congress does not approve the 
     extension of the authority contained in paragraph (3) of 
     section 402(f) of the Trade Act of 1974 with respect to the 
     People's Republic of China recommended by the President to 
     Congress under paragraph (4) of that section on ___.', with 
     the blank space being filled with the appropriate date.
       ``(B) Procedures in house and senate.--The provisions of 
     subsections (b) through (f) of section 152 shall apply with 
     respect to a joint resolution of approval to the same extent 
     and in the same manner as such provisions apply with respect 
     to a resolution described in subsection (a) of that section, 
     except that subsection (e)(2) of that section shall be 
     applied and administered by substituting `Consideration' for 
     `Debate'.
       ``(C) Rules of the house of representatives and senate.--
     This paragraph is enacted by Congress--
       ``(i) as an exercise of the rulemaking power of the House 
     of Representatives and the Senate, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such other rules; and
       ``(ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.''.
       (2) Clerical amendment.--The table of contents for the 
     Trade Act of 1974 is amended by striking the item relating to 
     section 402 and inserting the following:
       

``Sec. 402. East-West trade and human rights.''.
                                 ______