[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5353-S5354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3054. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT
FROM THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--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
[[Page S5354]]
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
(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 of 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.''.
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