[House Report 106-636]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-636

======================================================================



 
PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 4444, A BILL TO 
  AUTHORIZE THE EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE 
  RELATIONS TREATMENT) TO THE PEOPLE'S REPUBLIC OF CHINA

                                _______
                                

May 23, 2000.--Referred to the House Calendar and ordered to be printed

                                _______
                                

    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 510]

    The Committee on Rules, having had under consideration 
House Resolution 510, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                  summary of provisions of resolution

    The resolution provides for the further consideration of 
H.R. 4444, a Bill to Authorize Extension of Nondiscriminatory 
Treatment (Normal Trade Relations Treatment) to the People's 
Republic of China, under a closed rule. The rule provides three 
hours of debate in the House equally divided among and 
controlled by the chairman and ranking minority member of the 
Committee on Ways and Means. Representative Stark of California 
or his designee, and Representative Rohrabacher of California 
or his designee.
    The rule provides that, in lieu of the committee amendment 
in the nature of a substitute recommended by the Committee on 
Ways and Means, the amendment in the nature of a substitute 
printed in this report shall be considered as adopted. Finally, 
the rule provides one motion to recommit with or without 
instructions.

  summary of amendment considered as adopted upon adoption of the rule

    The amendment in the nature of a substitute includes the 
text of H.R. 4444 as reported by the Committee on Ways and 
Means with the following additions:
           establishes a Congressional-Executive 
        Commission on China to focus throughout the year on 
        monitoring human rights in China, including 
        internationally recognized core labor standards and 
        religious freedoms, and the development of rule-of-law 
        and democracy-building in China;
           requires an annual USTR report and an annual 
        WTO review on China's compliance with WTO obligations;
           establishes a task force on the prohibition 
        of the importance of products of forced or prison 
        labor;
           devotes additional resources for monitoring 
        and enforcing China's compliance with trade agreements;
           devotes additional resources to provide 
        training and technical assistance to develop the rule 
        of law in commercial and labor markets and democracy-
        building in China;
           expresses the sense of Congress that the WTO 
        General Council should approve both the PRC's accession 
        and Taiwan's accession at the same General Council 
        session; and
           expands and enhances U.S. International 
        Broadcasting Operations throughout China and 
        surrounding countries by authorizing additional 
        appropriations for Radio Free Asia and Voice of 
        America.

   text of amendment considered as adopted upon adoption of the rule

  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.--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 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;
          ``(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 of 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.

 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'').

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, 
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 
authorized by either the Chairman or the Cochairman.

SEC. 308. STAFF OF THE COMMISSION.

  (a) Personnel and Administration Committee.--The Commission 
shall have a personnel and administration committee composed of 
the Chairman, the Cochairman, the senior member of the 
Commission from the minority party of the House of 
Representatives, and the senior member of the Commission from 
the minority party of the Senate.
  (b) Committee Functions.--All decisions pertaining to the 
hiring, firing, and fixing of pay of personnel of the 
Commission shall be by a majority vote of the personnel and 
administration committee, except that--
          (1) the Chairman shall be entitled to appoint and fix 
        the pay of the staff director, and the Cochairman shall 
        be entitled to appoint and fix the pay of the 
        Cochairman's senior staff member; and
          (2) the Chairman and Cochairman shall each have the 
        authority to appoint, with the approval of the 
        personnel and administration committee, at least 4 
        professional staff members who shall be responsible to 
        the Chairman or the Cochairman (as the case may be) who 
        appointed them.
Subject to subsection (d), the personnel and administration 
committee may appoint and fix the pay of such other personnel 
as it considers desirable.
  (c) Staff Appointments.--All staff appointments shall be made 
without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and 
without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to classification and 
general schedule pay rates.
  (d) Qualifications of Professional Staff.--The personnel and 
administration committee shall ensure that the professional 
staff of the Commission consists of persons with expertise in 
areas including human rights, internationally recognized worker 
rights, international economics, law (including international 
law), rule of law and other foreign assistance programming, 
Chinese politics, economy and culture, and the Chinese 
language.
  (e) Commission Employees as Congressional Employees.--
          (1) In general.--For purposes of pay and other 
        employment benefits, rights, and privileges, and for 
        all other purposes, any employee of the Commission 
        shall be considered to be a congressional employee as 
        defined in section 2107 of title 5, United States Code.
          (2) Competitive status.--For purposes of section 
        3304(c)(1) of title 5, United States Code, employees of 
        the Commission shall be considered as if they are in 
        positions in which they are paid by the Secretary of 
        the Senate or the Clerk of the House of 
        Representatives.

SEC. 309. PRINTING AND BINDING COSTS.

  For purposes of costs relating to printing and binding, 
including the costs of personnel detailed from the Government 
Printing Office, the Commission shall be deemed to be a 
committee of the Congress.

   TITLE IV--MONITORING AND 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.

  It shall be the objective of the United States to obtain as 
part of the Protocol of Accession of the People's Republic of 
China to the WTO, an annual review within the WTO of the 
compliance by the People's Republic of China with its terms of 
accession to the WTO.

 Subtitle B--Authorization To Promote Compliance With Trade Agreements

SEC. 411. FINDINGS.

  The Congress finds as follows:
          (1) The opening of world markets through the 
        elimination of tariff and nontariff barriers has 
        contributed to a 56-percent increase in exports of 
        United States goods and services since 1992.
          (2) Such export expansion, along with an increase in 
        trade generally, has helped fuel the longest economic 
        expansion in United States history.
          (3) The United States Government must continue to be 
        vigilant in monitoring and enforcing the compliance by 
        our trading partners with trade agreements in order for 
        United States businesses, workers, and farmers to 
        continue to benefit from the opportunities created by 
        market-opening trade agreements.
          (4) The People's Republic of China, as part of its 
        accession to the World Trade Organization, has 
        committed to eliminating significant trade barriers in 
        the agricultural, services, and manufacturing sectors 
        that, if realized, would provide considerable 
        opportunities for United States farmers, businesses, 
        and workers.
          (5) For these opportunities to be fully realized, the 
        United States Government must effectively monitor and 
        enforce its rights under the agreements on the 
        accession of the People's Republic of China to the WTO.

SEC. 412. PURPOSE.

  The purpose of this subtitle is to authorize additional 
resources for the agencies and departments engaged in 
monitoring and enforcement of United States trade agreements 
and trade laws with respect to the People's Republic of China.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

  (a) Department of Commerce.--There is authorized to be 
appropriated to the Department of Commerce, in addition to 
amounts otherwise available for such purposes, such sums as may 
be necessary for fiscal year 2001, and each fiscal year 
thereafter, for additional staff for--
          (1) monitoring compliance by the People's Republic of 
        China with its commitments under the WTO, assisting 
        United States negotiators with ongoing negotiations in 
        the WTO, and defending United States antidumping and 
        countervailing duty measures with respect to products 
        of the People's Republic of China;
          (2) enforcement of United States trade laws with 
        respect to products of the People's Republic of China; 
        and
          (3) a Trade Law Technical Assistance Center to assist 
        small- and medium-sized businesses, workers, and unions 
        in evaluating potential remedies available under the 
        trade laws of the United States with respect to trade 
        involving the People's Republic of China.
  (b) Overseas Compliance Program.--
          (1) Authorization of appropriation.--There are 
        authorized to be appropriated to the Department of 
        Commerce and the Department of State, in addition to 
        amounts otherwise available, such sums as may be 
        necessary for fiscal year 2001, and each fiscal year 
        thereafter, to provide staff for monitoring in the 
        People's Republic of China that country's compliance 
        with its international trade obligations and to support 
        the enforcement of the trade laws of the United States, 
        as part of an Overseas Compliance Program which 
        monitors abroad compliance with international trade 
        obligations and supports the enforcement of United 
        States trade laws.
          (2) Reporting.--The annual report on compliance by 
        the People's Republic of China submitted to the 
        Congress under section 421 of this Act shall include 
        the findings of the Overseas Compliance Program with 
        respect to the People's Republic of China.
  (c) USTR.--There are authorized to be appropriated to the 
Office of the United States Trade Representative, in addition 
to amounts otherwise available for such purposes, such sums as 
may be necessary for fiscal year 2001, and each fiscal year 
thereafter, for additional staff in--
          (1) the Office of the General Counsel, the Monitoring 
        and Enforcement Unit, and the Office of the Deputy 
        United States Trade Representative in Geneva, 
        Switzerland, to investigate, prosecute, and defend 
        cases before the WTO, and to administer United States 
        trade laws, including title III of the Trade Act of 
        1974 (19 U.S.C. 2411, et seq.) and other trade laws 
        relating to intellectual property, government 
        procurement, and telecommunications, with respect to 
        the People's Republic of China;
          (2) the Office of Economic Affairs, to analyze the 
        impact on the economy of the United States, including 
        United States exports, of acts of the Government of the 
        People's Republic of China affecting access to markets 
        in the People's Republic of China and to support the 
        Office of the General Counsel in presenting cases to 
        the WTO involving the People's Republic of China;
          (3) the geographic office for the People's Republic 
        of China; and
          (4) offices relating to the WTO and to different 
        sectors of the economy, including agriculture, 
        industry, services, and intellectual property rights 
        protection, to monitor and enforce the trade agreement 
        obligations of the People's Republic of China in those 
        sectors.
  (d) Department of Agriculture.--There are authorized to be 
appropriated to the Department of Agriculture, in addition to 
amounts otherwise available for such purposes, such sums as may 
be necessary for fiscal year 2001, and each fiscal year 
thereafter, for additional staff to increase legal and 
technical expertise in areas covered by trade agreements and 
United States trade law, including food safety and 
biotechnology, for purposes of monitoring compliance by the 
People's Republic of China with its trade agreement 
obligations.

Subtitle C--Report on Compliance by the People's Republic of China With 
                            WTO Obligations

SEC. 421. REPORT ON COMPLIANCE.

  (a) In General.--Not later than 1 year after the entry into 
force of the Protocol of Accession of the People's Republic of 
China to the WTO, and annually thereafter, the Trade 
Representative shall submit a report to Congress on compliance 
by the People's Republic of China with commitments made in 
connection with its accession to the World Trade Organization, 
including both multilateral commitments and any bilateral 
commitments made to the United States.
  (b) Public Participation.--In preparing the report described 
in subsection (a), the Trade Representative shall seek public 
participation by publishing a notice in the Federal Register 
and holding a public hearing.

TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

  Subtitle A--Task Force on Prohibition of Importation of Products of 
       Forced or Prison Labor From the People's Republic of China

SEC. 501. ESTABLISHMENT OF TASK FORCE.

  There is hereby established a task force on prohibition of 
importation of products of forced or prison labor from the 
People's Republic of China (hereafter in this subtitle referred 
to as the ``Task Force'').

SEC. 502. FUNCTIONS OF TASK FORCE.

  The Task Force shall monitor and promote effective 
enforcement of and compliance with section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307) by performing the following 
functions:
          (1) Coordinate closely with the United States Customs 
        Service to promote maximum effectiveness in the 
        enforcement by the Customs Service of section 307 of 
        the Tariff Act of 1930 with respect to the products of 
        the People's Republic of China. In order to assure such 
        coordination, the Customs Service shall keep the Task 
        Force informed, on a regular basis, of the progress of 
        its investigations of allegations that goods are being 
        entered into the United States, or that such entry is 
        being attempted, in violation of the prohibition in 
        section 307 of the Tariff Act of 1930 on entry into the 
        United States of goods mined, produced, or manufactured 
        wholly or in part in the People's Republic of China by 
        convict labor, forced labor, or indentured labor under 
        penal sanctions. Such investigations may include visits 
        to foreign sites where goods allegedly are being mined, 
        produced, or manufactured in a manner that would lead 
        to prohibition of their importation into the United 
        States under section 307 of the Tariff Act of 1930.
          (2) Make recommendations to the Customs Service on 
        seeking new agreements with the People's Republic of 
        China to allow Customs Service officials to visit sites 
        where goods may be mined, produced, or manufactured by 
        convict labor, forced labor, or indentured labor under 
        penal sanctions.
          (3) Work with the Customs Service to assist the 
        People's Republic of China and other foreign 
        governments in monitoring the sale of goods mined, 
        produced, or manufactured by convict labor, forced 
        labor, or indentured labor under penal sanctions to 
        ensure that such goods are not exported to the United 
        States.
          (4) Coordinate closely with the Customs Service to 
        promote maximum effectiveness in the enforcement by the 
        Customs Service of section 307 of the Tariff Act of 
        1930 with respect to the products of the People's 
        Republic of China. In order to assure such 
        coordination, the Customs Service shall keep the Task 
        Force informed, on a regular basis, of the progress of 
        its monitoring of ports of the United States to ensure 
        that goods mined, produced, or manufactured wholly or 
        in part in the People's Republic of China by convict 
        labor, forced labor, or indentured labor under penal 
        sanctions are not imported into the United States.
          (5) Advise the Customs Service in performing such 
        other functions, consistent with existing authority, to 
        ensure the effective enforcement of section 307 of the 
        Tariff Act of 1930.
          (6) Provide to the Customs Service all information 
        obtained by the departments represented on the Task 
        Force relating to the use of convict labor, forced 
        labor, or/and indentured labor under penal sanctions in 
        the mining, production, or manufacture of goods which 
        may be imported into the United States.

SEC. 503. COMPOSITION OF TASK FORCE.

  The Secretary of the Treasury, the Secretary of Commerce, the 
Secretary of Labor, the Secretary of State, the Commissioner of 
Customs, and the heads of other executive branch agencies, as 
appropriate, acting through their respective designees at or 
above the level of Deputy Assistant Secretary, or in the case 
of the Customs Service, at or above the level of Assistant 
Commissioner, shall compose the Task Force. The designee of the 
Secretary of the Treasury shall chair the Task Force.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for fiscal year 2001, 
and each fiscal year thereafter, such sums as may be necessary 
for the Task Force to carry out the functions described in 
section 502.

SEC. 505. REPORTS TO CONGRESS.

  (a) Frequency of Reports.--Not later than the date that is 
one year after the date of the enactment of this Act, and not 
later than the end of each 1-year period thereafter, the Task 
Force shall submit to the Congress a report on the work of the 
Task Force during the preceding 1-year period.
  (b) Contents of Reports.--Each report under subsection (a) 
shall set forth, at a minimum--
          (1) the number of allegations of violations of 
        section 307 of the Tariff Act of 1930 with respect to 
        products of the People's Republic of China that were 
        investigated during the preceding 1-year period;
          (2) the number of actual violations of section 307 of 
        the Tariff Act of 1930 with respect to the products of 
        the People's Republic of China that were discovered 
        during the preceding 1-year period;
          (3) in the case of each attempted entry of products 
        of the People's Republic of China in violation of such 
        section 307 discovered during the preceding 1-year 
        period--
                  (A) the identity of the exporter of the 
                goods;
                  (B) the identity of the person or persons who 
                attempted to sell the goods for export; and
                  (C) the identity of all parties involved in 
                transshipment of the goods; and
          (4) such other information as the Task Force 
        considers useful in monitoring and enforcing compliance 
        with section 307 of the Tariff Act of 1930.

   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

SEC. 511. ESTABLISHMENT OF TECHNICAL ASSISTANCE AND RULE OF LAW 
                    PROGRAMS.

  (a) Commerce Rule of Law Program.--The Secretary of Commerce, 
in consultation with the Secretary of State, 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.
  (b) Labor Rule of Law Program.--
          (1) In general.--The Secretary of Labor, in 
        consultation with the Secretary of State, is authorized 
        to establish a program to conduct rule of law training 
        and technical assistance related to the protection of 
        internationally recognized worker rights in the 
        People's Republic of China.
          (2) Use of amounts.--In carrying out paragraph (1), 
        the Secretary of Labor shall focus on activities 
        including, but not limited to--
                  (A) developing, laws, regulations, and other 
                measures to implement internationally 
                recognized worker rights;
                  (B) establishing national mechanisms for the 
                enforcement of national labor laws and 
                regulations;
                  (C) training government officials concerned 
                with implementation and enforcement of national 
                labor laws and regulations; and
                  (D) developing an educational infrastructure 
                to educate workers about their legal rights and 
                protections under national labor laws and 
                regulations.
          (3) Limitation.--The Secretary of Labor may not 
        provide assistance under the program established under 
        this subsection to the All-China Federation of Trade 
        Unions.
  (c) Legal System and Civil Society Rule of Law Program.--The 
Secretary of State is authorized to establish a program to 
conduct rule of law training and technical assistance related 
to development of the legal system and civil society generally 
in the People's Republic of China.
  (d) Conduct of Programs.--The programs authorized by this 
section may be used to conduct activities such as seminars and 
workshops, drafting of commercial and labor codes, legal 
training, publications, financing the operating costs for 
nongovernmental organizations working in this area, and funding 
the travel of individuals to the United States and to the 
People's Republic of China to provide and receive training.

SEC. 512. ADMINISTRATIVE AUTHORITIES.

  In carrying out the programs authorized by section 511, the 
Secretary of Commerce and the Secretary of Labor (in 
consultation with the Secretary of State) may utilize any of 
the authorities contained in the Foreign Assistance Act of 1961 
and the Foreign Service Act of 1980.

SEC. 513. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.

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

SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

  (a) Commercial Law Program.--There are authorized to be 
appropriated to the Secretary of Commerce to carry out the 
program described in section 511(a) such sums as may be 
necessary for fiscal year 2001, and each fiscal year 
thereafter.
  (b) Labor Law Program.--There are authorized to be 
appropriated to the Secretary of Labor to carry out the program 
described in section 511(b) such sums as may be necessary for 
fiscal year 2001, and each fiscal year thereafter.
  (c) Legal System and Civil Society Rule of Law Program.--
There are authorized to be appropriated to the Secretary of 
State to carry out the program described in section 511(c) such 
sums as may be necessary for fiscal year 2001, and each fiscal 
year thereafter.
  (d) Construction With Other Laws.--Except as provided in this 
division, funds may be made available to carry out the purposes 
of this subtitle notwithstanding any other provision of law.

                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

SEC. 601. ACCESSION OF TAIWAN TO THE WTO.

  It is the sense of Congress that--
          (1) immediately upon approval by the General Council 
        of the WTO of the terms and conditions of the accession 
        of the People's Republic of China to the WTO, the 
        United States representative to the WTO should request 
        that the General Council of the WTO consider Taiwan's 
        accession to the WTO as the next order of business of 
        the Council during the same session; and
          (2) the United States should be prepared to 
        aggressively counter any effort by any WTO member, upon 
        the approval of the General Council of the WTO of the 
        terms and conditions of the accession of the People's 
        Republic of China to the WTO, to block the accession of 
        Taiwan to the WTO.

                       TITLE VII--RELATED ISSUES

SEC. 701. AUTHORIZATIONS OF APPROPRIATIONS FOR BROADCASTING CAPITAL 
                    IMPROVEMENTS AND INTERNATIONAL BROADCASTING 
                    OPERATIONS.

  (a) Broadcasting Capital Improvements.--In addition to such 
sums as may otherwise be authorized to be appropriated, there 
are authorized to be appropriated for ``Department of State and 
Related Agency, Related Agency, Broadcasting Board of 
Governors, Broadcasting Capital Improvements'' $65,000,000 for 
the fiscal year 2001.
  (b) International Broadcasting Operations.--
          (1) Authorization of Appropriations.--In addition to 
        such sums as are otherwise authorized to be 
        appropriated, there are authorized to be appropriated 
        $34,000,000 for each of the fiscal years 2001 and 2002 
        for ``Department of State and Related Agency, Related 
        Agency, Broadcasting Board of Governors, International 
        Broadcasting Operations'' for the purposes under 
        paragraph (2).
          (2) Uses of Funds.--In addition to other authorized 
        purposes, funds appropriated pursuant to paragraph (1) 
        shall be used for the following:
                  (A) To increase personnel for the program 
                development office to enhance marketing 
                programming in the People's Republic of China 
                and neighboring countries.
                  (B) To enable Radio Free Asia's expansion of 
                news research, production, call-in show 
                capability, and web site/Internet enhancement 
                for the People's Republic of China and 
                neighboring countries.
                  (C) VOA enhancements, including the opening 
                of new news bureaus in Taipei and Shanghai, 
                enhancement of TV Mandarin, and an increase of 
                stringer presence abroad.
    Amend the title so as to read: ``A bill to authorize 
extension of nondiscriminatory treatment (normal trade 
relations treatment) to the People's Republic of China, and to 
establish a framework for relations between the United States 
and the People's Republic of China.''.

                                  
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