US (United States) Code. Title 22. Chapter 77: US (United States) China relations

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 77 - UNITED STATES-CHINA RELATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

-HEAD-

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

6901. Findings.

6902. Policy.

6903. Definitions.

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

6911. Establishment of Congressional-Executive Commission on

the People's Republic of China.

6912. Functions of the Commission.

(a) Monitoring compliance with human rights.

(b) Victims lists.

(c) Monitoring development of rule of law.

(d) Bilateral cooperation.

(e) Contacts with nongovernmental organizations.

(f) Cooperation with Special Coordinator.

(g) Annual reports.

(h) Specific information in annual reports.

(i) Congressional hearings on annual reports.

(j) Supplemental reports.

6913. Membership of the Commission.

(a) Selection and appointment of members.

(b) Chairman and Cochairman.

6914. Votes of the Commission.

6915. Expenditure of appropriations.

6916. Testimony of witnesses, production of evidence;

issuance of subpoenas; administration of oaths.

6917. Appropriations for the Commission.

(a) Authorization; disbursements.

(b) Foreign travel for official purposes.

6918. Staff of the Commission.

(a) Personnel and administration committee.

(b) Committee functions.

(c) Staff appointments.

(d) Qualifications of professional staff.

(e) Commission employees as congressional

employees.

6919. Printing and binding costs.

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S

REPUBLIC OF CHINA'S WTO COMMITMENTS

PART A - REVIEW OF MEMBERSHIP OF THE PEOPLE'S REPUBLIC OF CHINA IN

THE WTO

6931. Review within the WTO.

PART B - AUTHORIZATION TO PROMOTE COMPLIANCE WITH TRADE AGREEMENTS

6941. Findings.

6942. Purpose.

6943. Authorization of appropriations.

(a) Department of Commerce.

(b) Overseas Compliance Program.

(c) United States Trade Representative.

(d) Department of Agriculture.

PART C - REPORT ON COMPLIANCE BY THE PEOPLE'S REPUBLIC OF CHINA

WITH WTO OBLIGATIONS.

6951. Report on compliance.

(a) In general.

(b) Public participation.

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

PART A - TASK FORCE ON PROHIBITION OF IMPORTATION OF PRODUCTS OF

FORCED OR PRISON LABOR FROM THE PEOPLE'S REPUBLIC OF CHINA

6961. Establishment of Task Force.

6962. Functions of Task Force.

6963. Composition of Task Force.

6964. Authorization of appropriations.

6965. Reports to Congress.

(a) Frequency of reports.

(b) Contents of reports.

PART B - ASSISTANCE TO DEVELOP COMMERCIAL AND LABOR RULE OF LAW

6981. Establishment of technical assistance and rule of law

programs.

(a) Commerce rule of law program.

(b) Labor rule of law program.

(c) Legal system and civil society rule of law

program.

(d) Conduct of programs.

6982. Administrative authorities.

6983. Prohibition relating to human rights abuses.

6984. Authorization of appropriations.

(a) Commercial law program.

(b) Labor law program.

(c) Legal system and civil society rule of law

program.

(d) Construction with other laws.

SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO

6991. Accession of Taiwan to the WTO.

SUBCHAPTER VI - RELATED ISSUES

7001. Authorizations of appropriations for broadcasting

capital improvements and international broadcasting

operations.

(a) Broadcasting capital improvements.

(b) International broadcasting operations.

7002. United States-China Security Review Commission.

(a) Purposes.

(b) Establishment of United States-China Security

Review Commission.

(c) Duties.

(d) Hearings.

(e) Commission personnel matters.

(f) Authorization of appropriations.

(g) Federal Advisory Committee Act.

(h) Effective date.

-End-

-CITE-

22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

22 USC Sec. 6901 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6901. Findings

-STATUTE-

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 2435(c) of title 19.

(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 2434 of title

19.

(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, two 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.

-SOURCE-

(Pub. L. 106-286, div. B, title II, Sec. 202, Oct. 10, 2000, 114

Stat. 892.)

-MISC1-

SHORT TITLE

Pub. L. 106-286, div. B, title II, Sec. 201(a), Oct. 10, 2000,

114 Stat. 891, provided that: "This division [enacting this

chapter] may be cited as the 'U.S.-China Relations Act of 2000'."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC2-

MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN THE UNITED

STATES AND CHINA ON COOPERATION IN SCIENCE AND TECHNOLOGY

Pub. L. 107-314, div. A, title XII, Sec. 1207, Dec. 2, 2002, 116

Stat. 2666, provided that:

"(a) In General. - The Secretary of State shall -

"(1) monitor the implementation of the Agreement specified in

subsection (c);

"(2) keep a systematic account of the protocols to the

Agreement;

"(3) coordinate the activities of all agencies of the United

States Government that carry out cooperative activities under the

Agreement; and

"(4) ensure that all activities conducted under the Agreement

comply with applicable laws and regulations concerning the

transfer of militarily sensitive technologies and dual-use

technologies.

"(b) Responsibilities of the Office of Science and Technology

Cooperation. - Except as otherwise provided by the Secretary of

State, the functions of the Secretary under this section shall be

carried out through the Director of the Office of Science and

Technology Cooperation of the Department of State.

"(c) Agreement Defined. - For purposes of this section, the term

'Agreement' means the agreement between the United States and the

People's Republic of China known as the 'Agreement between the

Government of the United States of America and the Government of

the People's Republic of China on Cooperation in Science and

Technology', signed in Washington on January 31, 1979, and its

protocols.

"(d) Biennial Report to Congress. - (1) Not later than April 1 of

each even-numbered year, the Secretary of State shall submit to

Congress a report on the implementation of the Agreement and on

activities under the Agreement. Each such report shall be submitted

in both classified and unclassified form, as necessary.

"(2) Each report under this subsection shall provide an

evaluation of the benefits of the Agreement to the economy, to the

military, and to the industrial base of the People's Republic of

China and shall include the following:

"(A) An accounting of all activities conducted under the

Agreement since the previous report (or, in the case of the first

report, since the Agreement was entered into) and a projection of

activities to be undertaken under the Agreement during the next

two years.

"(B) An estimate of the costs to the United States to

administer the Agreement during the period covered by the report.

"(C) An assessment of how the Agreement has influenced the

foreign and domestic policies of the People's Republic of China

and the policy of the People's Republic of China toward

scientific and technological cooperation with the United States.

"(D) An analysis by the Director of Central Intelligence of the

involvement of military specialists, weapons specialists, and

intelligence specialists of the People's Republic of China in the

activities of the Joint Commission established under the

Agreement and in other activities conducted under the Agreement.

"(E) A determination by the Secretary of Defense, developed

with the assistance of the Director of Central Intelligence, of

the extent to which the activities conducted under the Agreement

have enhanced the military and defense industrial base of the

People's Republic of China, and an assessment of the effect that

projected activities under the Agreement for the next two years,

including the transfer of technology and know-how, could have on

the economic and military capabilities of the People's Republic

of China.

"(F) An assessment by the Inspector General of the Department

of Commerce of -

"(i) the extent to which programs or activities carried out

under the Agreement provide access to technology, information,

or know-how that could enhance military capabilities of the

People's Republic of China; and

"(ii) the extent to which those programs or activities are

carried out in compliance with export control laws and

regulations of the United States, especially those laws and

regulations governing so-called 'deemed exports'.

"(G) Any recommendations of the Secretary of State, Secretary

of Defense, or Director of Central Intelligence for improving the

monitoring of the activities of the Joint Commission established

under the Agreement.

"(3) The Secretary of State shall prepare each report under this

subsection in consultation with the Secretary of Defense, the

Secretary of Energy, the Director of Central Intelligence, the

Director of the Federal Bureau of Investigation, and the Director

of the National Science Foundation.

"(e) Interagency Working Group. - The President shall establish

an interagency working group to oversee the implementation of the

Agreement by departments and agencies of the United States. The

working group shall consist of representatives of such departments,

agencies, and offices of the executive branch as the President

considers appropriate. The working group shall perform the

following functions:

"(1) Assisting the Secretary of State and other appropriate

officials in setting standards under the Agreement for science

and technology transfers between the United States and the

People's Republic of China.

"(2) Monitoring ongoing programs and activities under the

Agreement and recommending future programs and activities under

the Agreement.

"(3) Developing a comprehensive database of all

government-to-government programs and United States

Government-funded programs under the Agreement.

"(4) Coordinating activities under the Agreement between United

States Government agencies, including elements of the

intelligence community, as appropriate."

TIBETAN POLICY

Pub. L. 107-228, div. A, title VI, subtitle B, Sept. 30, 2002,

116 Stat. 1396, provided that:

"SEC. 611. SHORT TITLE.

"This subtitle may be cited as 'Tibetan Policy Act of 2002'.

"SEC. 612. STATEMENT OF PURPOSE.

"The purpose of this subtitle is to support the aspirations of

the Tibetan people to safeguard their distinct identity.

"SEC. 613. TIBET NEGOTIATIONS.

"(a) Policy. -

"(1) In general. - The President and the Secretary should

encourage the Government of the People's Republic of China to

enter into a dialogue with the Dalai Lama or his representatives

leading to a negotiated agreement on Tibet.

"(2) Compliance. - After such an agreement is reached, the

President and the Secretary should work to ensure compliance with

the agreement.

"(b) Periodic Reports. - Not later than 180 days after the date

of the enactment of this Act [Sept. 30, 2002], and every 12 months

thereafter, the President shall transmit to the appropriate

congressional committees a report on -

"(1) the steps taken by the President and the Secretary in

accordance with subsection (a)(1); and

"(2) the status of any discussions between the People's

Republic of China and the Dalai Lama or his representatives.

"SEC. 614. REPORTING ON TIBET.

"Whenever a report is transmitted to Congress under section 116

or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m

[2151n], 2304) or under section 102(b) of the International

Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be

included in such report as a separate section.

"SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA.

[Amended section 6912 of this title.]

"SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.

"(a) Declarations of Policy. - It is the policy of the United

States to support economic development, cultural preservation,

health care, and education and environmental sustainability for

Tibetans inside Tibet. In support of this policy, the United States

shall use its voice and vote to support projects designed in

accordance with the principles contained in subsection (d) that are

designed to raise the standard of living for the Tibetan people and

assist Tibetans to become self-sufficient.

"(b) International Financial Institutions. - The Secretary of the

Treasury shall instruct the United States executive director of

each international financial institution to use the voice and vote

of the United States to support projects in Tibet, if the projects

are designed in accordance with the principles contained in

subsection (d).

"(c) Export-Import Bank and TDA. - The Export-Import Bank of the

United States and the Trade and Development Agency should support

projects proposed to be funded or otherwise supported by such

entities in Tibet, if the projects are designed in accordance with

the principles contained in subsection (d).

"(d) Tibet Project Principles. - Projects in Tibet supported by

international financial institutions, other international

organizations, nongovernmental organizations, and the United States

entities referred to in subsection (c), should -

"(1) be implemented only after conducting a thorough assessment

of the needs of the Tibetan people through field visits and

interviews;

"(2) be preceded by cultural and environmental impact

assessments;

"(3) foster self-sufficiency and self-reliance of Tibetans;

"(4) promote accountability of the development agencies to the

Tibetan people and active participation of Tibetans in all

project stages;

"(5) respect Tibetan culture, traditions, and the Tibetan

knowledge and wisdom about their landscape and survival

techniques;

"(6) be subject to on-site monitoring by the development

agencies to ensure that the intended target group benefits;

"(7) be implemented by development agencies prepared to use

Tibetan as the working language of the projects;

"(8) neither provide incentive for, nor facilitate the

migration and settlement of, non-Tibetans into Tibet; and

"(9) neither provide incentive for, nor facilitate the transfer

of ownership of, Tibetan land or natural resources to

non-Tibetans.

"SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.

"The President and the Secretary, in meetings with

representatives of the Government of the People's Republic of

China, should -

"(1) request the immediate and unconditional release of all

those held prisoner for expressing their political or religious

views in Tibet;

"(2) seek access for international humanitarian organizations

to prisoners in Tibet to ensure that prisoners are not being

mistreated and are receiving necessary medical care; and

"(3) seek the immediate medical parole of Tibetan prisoners

known to be in serious ill health.

"SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,

TIBET.

"The Secretary should make best efforts to establish an office in

Lhasa, Tibet, to monitor political, economic, and cultural

developments in Tibet.

"SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.

"The Secretary shall ensure that Tibetan language training is

available to Foreign Service officers, and that every effort is

made to ensure that a Tibetan-speaking Foreign Service officer is

assigned to a United States post in the People's Republic of China

responsible for monitoring developments in Tibet.

"SEC. 620. RELIGIOUS PERSECUTION IN TIBET.

"(a) High-Level Contacts. - Pursuant to section 105 of the

International Religious Freedom Act of 1998 (22 U.S.C. 6414), the

United States Ambassador to the People's Republic of China should -

"(1) meet with the 11th Panchen Lama, who was taken from his

home on May 17, 1995, and otherwise ascertain information

concerning his whereabouts and well-being; and

"(2) request that the Government of the People's Republic of

China release the 11th Panchen Lama and allow him to pursue his

religious studies without interference and according to

tradition.

"(b) Promotion of Increased Advocacy. - Pursuant to section

108(a) of the International Religious Freedom Act of 1998 (22

U.S.C. 6417(a)), it is the sense of Congress that representatives

of the United States Government in exchanges with officials of the

Government of the People's Republic of China should call for and

otherwise promote the cessation of all interference by the

Government of the People's Republic of China or the Communist Party

in the religious affairs of the Tibetan people.

"SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.

"(a) United States Special Coordinator for Tibetan Issues. -

There shall be within the Department a United States Special

Coordinator for Tibetan Issues (in this section referred to as the

'Special Coordinator').

"(b) Consultation. - The Secretary shall consult with the

chairmen and ranking minority members of the appropriate

congressional committees prior to the designation of the Special

Coordinator.

"(c) Central Objective. - The central objective of the Special

Coordinator is to promote substantive dialogue between the

Government of the People's Republic of China and the Dalai Lama or

his representatives.

"(d) Duties and Responsibilities. - The Special Coordinator shall

-

"(1) coordinate United States Government policies, programs,

and projects concerning Tibet;

"(2) vigorously promote the policy of seeking to protect the

distinct religious, cultural, linguistic, and national identity

of Tibet, and pressing for improved respect for human rights;

"(3) maintain close contact with religious, cultural, and

political leaders of the Tibetan people, including regular travel

to Tibetan areas of the People's Republic of China, and to

Tibetan refugee settlements in India and Nepal;

"(4) consult with Congress on policies relevant to Tibet and

the future and welfare of the Tibetan people;

"(5) make efforts to establish contacts in the foreign

ministries of other countries to pursue a negotiated solution for

Tibet; and

"(6) take all appropriate steps to ensure adequate resources,

staff, and bureaucratic support to fulfill the duties and

responsibilities of the Special Coordinator."

[For definitions of "Secretary" and "appropriate congressional

committees" as used in subtitle B of title VI of div. A of Pub. L.

107-228, set out above, see section 3 of Pub. L. 107-228, set out

as a note under section 2651 of this title.]

POLICY OF THE UNITED STATES WITH RESPECT TO MACAU

Pub. L. 106-570, title II, Dec. 27, 2000, 114 Stat. 3040,

provided that:

"SEC. 201. SHORT TITLE.

"This title may be cited as the 'United States-Macau Policy Act

of 2000'.

"SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.

"(a) Findings and Declarations. - Congress makes the following

findings and declarations:

"(1) The continued economic prosperity of Macau furthers United

States interests in the People's Republic of China and Asia.

"(2) Support for democratization is a fundamental principle of

United States foreign policy, and as such, that principle

naturally applies to United States policy toward Macau.

"(3) The human rights of the people of Macau are of great

importance to the United States and are directly relevant to

United States interests in Macau.

"(4) A fully successful transition in the exercise of

sovereignty over Macau must continue to safeguard human rights in

and of themselves.

"(5) Human rights also serve as a basis for Macau's continued

economic prosperity, and Congress takes note of Macau's adherence

to the International Covenant on Civil and Political Rights and

the International Convention on Economic, Social, and Cultural

Rights.

"(b) Sense of Congress. - It is the sense of Congress that -

"(1) the United States should play an active role in

maintaining Macau's confidence and prosperity, Macau's unique

cultural heritage, and the mutually beneficial ties between the

people of the United States and the people of Macau;

"(2) through its policies, the United States should contribute

to Macau's ability to maintain a high degree of autonomy in

matters other than defense and foreign affairs as promised by the

People's Republic of China and the Republic of Portugal in the

Joint Declaration, particularly with respect to such matters as

trade, commerce, law enforcement, finance, monetary policy,

aviation, shipping, communications, tourism, cultural affairs,

sports, and participation in international organizations,

consistent with the national security and other interests of the

United States; and

"(3) the United States should actively seek to establish and

expand direct bilateral ties and agreements with Macau in

economic, trade, financial, monetary, mutual legal assistance,

law enforcement, communication, transportation, and other

appropriate areas.

"SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.

"(a) Continued Application. -

"(1) In general. - Notwithstanding any change in the exercise

of sovereignty over Macau, and subject to subsections (b) and

(c), the laws of the United States shall continue to apply with

respect to Macau in the same manner as the laws of the United

States were applied with respect to Macau before December 20,

1999, unless otherwise expressly provided by law or by Executive

order issued pursuant to paragraph (2).

"(2) Exception. - Whenever the President determines that Macau

is not sufficiently autonomous to justify treatment under a

particular law of the United States, or any provision thereof,

different from that accorded the People's Republic of China, the

President may issue an Executive order suspending the application

of paragraph (1) to such law or provision of law. The President

shall promptly notify the Committee on International Relations of

the House of Representatives and the Committee on Foreign

Relations of the Senate concerning any such determination and

shall publish the Executive order in the Federal Register.

"(b) Export Controls. -

"(1) In general. - The export control laws, regulations, and

practices of the United States shall apply to Macau in the same

manner and to the same extent that such laws, regulations, and

practices apply to the People's Republic of China, and in no case

shall such laws, regulations, and practices be applied less

restrictively to exports to Macau than to exports to the People's

Republic of China.

"(2) Rule of construction. - Paragraph (1) shall not be

construed as prohibiting the provision of export control

assistance to Macau.

"(c) International Agreements. -

"(1) In general. - Subject to subsection (b) and paragraph (2),

for all purposes, including actions in any court of the United

States, Congress approves of the continuation in force after

December 20, 1999, of all treaties and other international

agreements, including multilateral conventions, entered into

before such date between the United States and Macau, or entered

into force before such date between the United States and the

Republic of Portugal and applied to Macau, unless or until

terminated in accordance with law.

"(2) Exception. - If, in carrying out this subsection, the

President determines that Macau is not legally competent to carry

out its obligations under any such treaty or other international

agreement, or that the continuation of Macau's obligations or

rights under any such treaty or other international agreement is

not appropriate under the circumstances, the President shall take

appropriate action to modify or terminate such treaty or other

international agreement. The President shall promptly notify the

Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate concerning such determination.

"SEC. 204. REPORTING REQUIREMENT.

"(a) In General. - Not later than 90 days after the date of the

enactment of this Act [Dec. 27, 2000], and not later than March 31

of each of the years 2001, 2002, and 2003, the Secretary of State

shall transmit to the Committee on International Relations of the

House of Representatives and the Committee on Foreign Relations of

the Senate a report on conditions in Macau of interest to the

United States. The report shall describe -

"(1) significant developments in United States relations with

Macau, including any determination made under section 203;

"(2) significant developments related to the change in the

exercise of sovereignty over Macau affecting United States

interests in Macau or United States relations with Macau and the

People's Republic of China;

"(3) the development of democratic institutions in Macau;

"(4) compliance by the Government of the People's Republic of

China and the Government of the Republic of Portugal with their

obligations under the Joint Declaration; and

"(5) the nature and extent of Macau's participation in

multilateral forums.

"(b) Separate Part of Country Reports. - Whenever a report is

transmitted to Congress on a country-by-country basis, there shall

be included in such report, where applicable, a separate subreport

on Macau under the heading of the country that exercises

sovereignty over Macau.

"SEC. 205. DEFINITIONS.

"In this title:

"(1) Joint declaration. - The term 'Joint Declaration' means

the Joint Declaration of the Government of the People's Republic

of China and the Government of the Republic of Portugal on the

Question of Macau, dated April 13, 1987.

"(2) Macau. - The term 'Macau' means the territory that prior

to December 20, 1999, was the Portuguese Dependent Territory of

Macau and after December 20, 1999, became the Macau Special

Administrative Region of the People's Republic of China."

-End-

-CITE-

22 USC Sec. 6902 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6902. Policy

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title II, Sec. 203, Oct. 10, 2000, 114

Stat. 893.)

-End-

-CITE-

22 USC Sec. 6903 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6903. Definitions

-STATUTE-

In this chapter:

(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 3511(d)(16) of title 19.

(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 2467(4) of title 19 and

includes the right to the elimination of the "worst forms of

child labor", as defined in section 2467(6) of title 19.

(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 3501(10) of title 19.

-SOURCE-

(Pub. L. 106-286, div. B, title II, Sec. 204, Oct. 10, 2000, 114

Stat. 894.)

-End-

-CITE-

22 USC SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION

ON THE PEOPLE'S REPUBLIC OF

CHINA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-End-

-CITE-

22 USC Sec. 6911 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6911. Establishment of Congressional-Executive Commission on

the People's Republic of China

-STATUTE-

There is established a Congressional-Executive Commission on the

People's Republic of China (in this subchapter referred to as the

"Commission").

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 301, Oct. 10, 2000, 114

Stat. 895.)

-End-

-CITE-

22 USC Sec. 6912 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6912. Functions of the Commission

-STATUTE-

(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) of this section. 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 (!1) 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) of this section; 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) of this section, 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) of this section, 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 October 10, 2000, 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) of this

section. 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) of this section

shall include -

(1) 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) of this section, and as to

restrictions applied to or discrimination against persons

exercising any of the rights set forth in such paragraphs; and

(2) a description of the status of negotiations between the

Government of the People's Republic of China and the Dalai Lama

or his representatives, and measures taken to safeguard Tibet's

distinct historical, religious, cultural, and linguistic identity

and the protection of human rights.

(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) of this

section, 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) of this section, 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) of

this section, as appropriate, in carrying out subsections (a)

through (c) of this section.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 302, Oct. 10, 2000, 114

Stat. 895; Pub. L. 107-228, div. A, title VI, Sec. 615, Sept. 30,

2002, 116 Stat. 1396.)

-MISC1-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-228 substituted "shall include -

" for "shall include", inserted par. (1) designation before

"specific information", and added par. (2).

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 6913 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6913. Membership of the Commission

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 303, Oct. 10, 2000, 114

Stat. 898.)

-End-

-CITE-

22 USC Sec. 6914 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6914. Votes of the Commission

-STATUTE-

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 (!1) of the Commission shall

constitute a quorum for purposes of conducting business.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 304, Oct. 10, 2000, 114

Stat. 899.)

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

22 USC Sec. 6915 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6915. Expenditure of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 305, Oct. 10, 2000, 114

Stat. 899.)

-End-

-CITE-

22 USC Sec. 6916 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6916. Testimony of witnesses, production of evidence; issuance

of subpoenas; administration of oaths

-STATUTE-

In carrying out this subchapter, 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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 306, Oct. 10, 2000, 114

Stat. 899.)

-End-

-CITE-

22 USC Sec. 6917 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6917. Appropriations for the Commission

-STATUTE-

(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 6918

of this title.

(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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 307, Oct. 10, 2000, 114

Stat. 899.)

-End-

-CITE-

22 USC Sec. 6918 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6918. Staff of the Commission

-STATUTE-

(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 four 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) of this section, 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 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.

(2) Competitive status

For purposes of section 3304(c)(1) (!1) of title 5, 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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 308, Oct. 10, 2000, 114

Stat. 899.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

Section 3304(c)(1) of title 5, referred to in subsec. (e)(2),

probably means section 3304(c)(1) of title 5 prior to amendment by

Pub. L. 104-65, Sec. 16(a), (b), Dec. 19, 1995, 109 Stat. 703,

which struck out section 3304(c) of title 5 and redesignated

section 3304(d) of title 5 as 3304(c). Prior to amendment section

3304(c)(1) related to acquisition of competitive status by an

individual who served for at least 3 years in the legislative

branch in a position in which he was paid by the Secretary of the

Senate or the Clerk of the House of Representatives.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6917 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 6919 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

Sec. 6919. Printing and binding costs

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title III, Sec. 309, Oct. 10, 2000, 114

Stat. 900.)

-End-

-CITE-

22 USC SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE

PEOPLE'S REPUBLIC OF

CHINA'S WTO COMMITMENTS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

-HEAD-

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S

REPUBLIC OF CHINA'S WTO COMMITMENTS

-End-

-CITE-

22 USC Part A - Review of Membership of the People's

Republic of China in the WTO 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part A - Review of Membership of the People's Republic of China in

the WTO

-HEAD-

PART A - REVIEW OF MEMBERSHIP OF THE PEOPLE'S REPUBLIC OF CHINA IN

THE WTO

-End-

-CITE-

22 USC Sec. 6931 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part A - Review of Membership of the People's Republic of China in

the WTO

-HEAD-

Sec. 6931. Review within the WTO

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title IV, Sec. 401, Oct. 10, 2000, 114

Stat. 900.)

-End-

-CITE-

22 USC Part B - Authorization To Promote Compliance With

Trade Agreements 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part B - Authorization To Promote Compliance With Trade Agreements

-HEAD-

PART B - AUTHORIZATION TO PROMOTE COMPLIANCE WITH TRADE AGREEMENTS

-End-

-CITE-

22 USC Sec. 6941 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part B - Authorization To Promote Compliance With Trade Agreements

-HEAD-

Sec. 6941. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title IV, Sec. 411, Oct. 10, 2000, 114

Stat. 901.)

-End-

-CITE-

22 USC Sec. 6942 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part B - Authorization To Promote Compliance With Trade Agreements

-HEAD-

Sec. 6942. Purpose

-STATUTE-

The purpose of this part 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.

-SOURCE-

(Pub. L. 106-286, div. B, title IV, Sec. 412, Oct. 10, 2000, 114

Stat. 901.)

-End-

-CITE-

22 USC Sec. 6943 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part B - Authorization To Promote Compliance With Trade Agreements

-HEAD-

Sec. 6943. Authorization of appropriations

-STATUTE-

(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 6951 of this title

shall include the findings of the Overseas Compliance Program

with respect to the People's Republic of China.

(c) United States Trade Representative

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.

-SOURCE-

(Pub. L. 106-286, div. B, title IV, Sec. 413, Oct. 10, 2000, 114

Stat. 901.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsec. (c)(1), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title III of the

Act is classified principally to subchapter III (Sec. 2411 et seq.)

of chapter 12 of Title 19, Customs Duties. For complete

classification of this Act to the Code, see section 2101 of Title

19 and Tables.

-End-

-CITE-

22 USC Part C - Report on Compliance by the People's

Republic of China With WTO

Obligations 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part C - Report on Compliance by the People's Republic of China With

WTO Obligations

-HEAD-

PART C - REPORT ON COMPLIANCE BY THE PEOPLE'S REPUBLIC OF CHINA

WITH WTO OBLIGATIONS

-End-

-CITE-

22 USC Sec. 6951 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC

OF CHINA'S WTO COMMITMENTS

Part C - Report on Compliance by the People's Republic of China With

WTO Obligations

-HEAD-

Sec. 6951. Report on compliance

-STATUTE-

(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) of this

section, the Trade Representative shall seek public participation

by publishing a notice in the Federal Register and holding a public

hearing.

-SOURCE-

(Pub. L. 106-286, div. B, title IV, Sec. 421, Oct. 10, 2000, 114

Stat. 903.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6943 of this title.

-End-

-CITE-

22 USC SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN

THE PEOPLE'S REPUBLIC OF

CHINA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

-HEAD-

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

-End-

-CITE-

22 USC Part A - Task Force on Prohibition of Importation

of Products of Forced or Prison

Labor From the People's Republic of

China 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

PART A - TASK FORCE ON PROHIBITION OF IMPORTATION OF PRODUCTS OF

FORCED OR PRISON LABOR FROM THE PEOPLE'S REPUBLIC OF CHINA

-End-

-CITE-

22 USC Sec. 6961 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

Sec. 6961. Establishment of Task Force

-STATUTE-

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 part referred to as the "Task

Force").

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 501, Oct. 10, 2000, 114

Stat. 903.)

-End-

-CITE-

22 USC Sec. 6962 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

Sec. 6962. Functions of Task Force

-STATUTE-

The Task Force shall monitor and promote effective enforcement of

and compliance with section 1307 of title 19 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 1307 of title 19 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 1307 of title 19 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 1307 of title 19.

(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 1307 of title 19 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 1307 of title 19.

(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.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 502, Oct. 10, 2000, 114

Stat. 903.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6964 of this title.

-End-

-CITE-

22 USC Sec. 6963 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

Sec. 6963. Composition of Task Force

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 503, Oct. 10, 2000, 114

Stat. 904.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

22 USC Sec. 6964 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

Sec. 6964. Authorization of appropriations

-STATUTE-

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 6962 of

this title.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 504, Oct. 10, 2000, 114

Stat. 904.)

-End-

-CITE-

22 USC Sec. 6965 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

Part A - Task Force on Prohibition of Importation of Products of

Forced or Prison Labor From the People's Republic of

China

-HEAD-

Sec. 6965. Reports to Congress

-STATUTE-

(a) Frequency of reports

Not later than the date that is 1 year after October 10, 2000,

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) of this section shall set forth,

at a minimum -

(1) the number of allegations of violations of section 1307 of

title 19 with respect to products of the Peoples' (!1) Republic

of China that were investigated during the preceding 1-year

period;

(2) the number of actual violations of section 1307 of title 19

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 1307 of

title 19 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 1307 of title

19.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 505, Oct. 10, 2000, 114

Stat. 904.)

-FOOTNOTE-

(!1) So in original. Probably should be "People's".

-End-

-CITE-

22 USC Part B - Assistance To Develop Commercial and

Labor Rule of Law 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

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

-HEAD-

PART B - ASSISTANCE TO DEVELOP COMMERCIAL AND LABOR RULE OF LAW

-End-

-CITE-

22 USC Sec. 6981 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

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

-HEAD-

Sec. 6981. Establishment of technical assistance and rule of law

programs

-STATUTE-

(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,(!1) 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.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 511, Oct. 10, 2000, 114

Stat. 905.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6982, 6984 of this title.

-FOOTNOTE-

(!1) So in original. Comma probably should not appear.

-End-

-CITE-

22 USC Sec. 6982 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

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

-HEAD-

Sec. 6982. Administrative authorities

-STATUTE-

In carrying out the programs authorized by section 6981 of this

title, 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 [22

U.S.C. 2151 et seq.] and the Foreign Service Act of 1980 [22 U.S.C.

3901 et seq.].

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 512, Oct. 10, 2000, 114

Stat. 906.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in text, is Pub.

L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is

classified principally to chapter 32 (Sec. 2151 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

The Foreign Service Act of 1980, referred to in text, is Pub. L.

96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

-End-

-CITE-

22 USC Sec. 6983 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

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

-HEAD-

Sec. 6983. Prohibition relating to human rights abuses

-STATUTE-

Amounts made available to carry out this part 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.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 513, Oct. 10, 2000, 114

Stat. 906.)

-End-

-CITE-

22 USC Sec. 6984 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S

REPUBLIC OF CHINA

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

-HEAD-

Sec. 6984. Authorization of appropriations

-STATUTE-

(a) Commercial law program

There are authorized to be appropriated to the Secretary of

Commerce to carry out the program described in section 6981(a) of

this title 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 6981(b) of this title

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 6981(c) of this title

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 chapter, funds may be made available

to carry out the purposes of this part notwithstanding any other

provision of law.

-SOURCE-

(Pub. L. 106-286, div. B, title V, Sec. 514, Oct. 10, 2000, 114

Stat. 906.)

-End-

-CITE-

22 USC SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO

-HEAD-

SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO

-End-

-CITE-

22 USC Sec. 6991 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO

-HEAD-

Sec. 6991. Accession of Taiwan to the WTO

-STATUTE-

It is the sense of the 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.

-SOURCE-

(Pub. L. 106-286, div. B, title VI, Sec. 601, Oct. 10, 2000, 114

Stat. 906.)

-End-

-CITE-

22 USC SUBCHAPTER VI - RELATED ISSUES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER VI - RELATED ISSUES

-HEAD-

SUBCHAPTER VI - RELATED ISSUES

-End-

-CITE-

22 USC Sec. 7001 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER VI - RELATED ISSUES

-HEAD-

Sec. 7001. Authorizations of appropriations for broadcasting

capital improvements and international broadcasting operations

-STATUTE-

(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 2003.

(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, 2002, and 2003 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.

-SOURCE-

(Pub. L. 106-286, div. B, title VII, Sec. 701, Oct. 10, 2000, 114

Stat. 907; Pub. L. 107-228, div. A, title I, Sec. 121(b), Sept. 30,

2002, 116 Stat. 1361.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228, Sec. 121(b)(1), substituted

"2003" for "2001".

Subsec. (b)(1). Pub. L. 107-228, Sec. 121(b)(2), substituted

"2001, 2002, and 2003" for "2001 and 2002".

-End-

-CITE-

22 USC Sec. 7002 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 77 - UNITED STATES-CHINA RELATIONS

SUBCHAPTER VI - RELATED ISSUES

-HEAD-

Sec. 7002. United States-China Security Review Commission

-STATUTE-

(a) Purposes

The purposes of this section are as follows:

(1) To establish the United States-China Security Review

Commission to review the national security implications of trade

and economic ties between the United States and the People's

Republic of China.

(2) To facilitate the assumption by the United States-China

Security Review Commission of its duties regarding the review

referred to in paragraph (1) by providing for the transfer to

that Commission of staff, materials, and infrastructure

(including leased premises) of the Trade Deficit Review

Commission that are appropriate for the review upon the submittal

of the final report of the Trade Deficit Review Commission.

(b) Establishment of United States-China Security Review Commission

(1) In general

There is hereby established a commission to be known as the

United States-China Security Review Commission (in this section

referred to as the "Commission").

(2) Purpose

The purpose of the Commission is to monitor, investigate, and

report to Congress on the national security implications of the

bilateral trade and economic relationship between the United

States and the People's Republic of China.

(3) Membership

The Commission shall be composed of 12 members, who shall be

appointed in the same manner provided for the appointment of

members of the Trade Deficit Review Commission under section

127(c)(3) of the Trade Deficit Review Commission Act (19 U.S.C.

2213 note), except that -

(A) appointment of members by the Speaker of the House of

Representatives shall be made after consultation with the

chairman of the Committee on Armed Services of the House of

Representatives, in addition to consultation with the chairman

of the Committee on Ways and Means of the House of

Representatives provided for under clause (iii) of subparagraph

(A) of that section;

(B) appointment of members by the President pro tempore of

the Senate upon the recommendation of the majority leader of

the Senate shall be made after consultation with the chairman

of the Committee on Armed Services of the Senate, in addition

to consultation with the chairman of the Committee on Finance

of the Senate provided for under clause (i) of that

subparagraph;

(C) appointment of members by the President pro tempore of

the Senate upon the recommendation of the minority leader of

the Senate shall be made after consultation with the ranking

minority member of the Committee on Armed Services of the

Senate, in addition to consultation with the ranking minority

member of the Committee on Finance of the Senate provided for

under clause (ii) of that subparagraph;

(D) appointment of members by the minority leader of the

House of Representatives shall be made after consultation with

the ranking minority member of the Committee on Armed Services

of the House of Representatives, in addition to consultation

with the ranking minority member of the Committee on Ways and

Means of the House of Representatives provided for under clause

(iv) of that subparagraph;

(E) persons appointed to the Commission shall have expertise

in national security matters and United States-China relations,

in addition to the expertise provided for under subparagraph

(B)(i)(I) of that section;

(F) members shall be appointed to the Commission not later

than 30 days after the date on which each new Congress

convenes;

(G) members of the Commission may be reappointed for

additional terms of service as members of the Commission; and

(H) members of the Trade Deficit Review Commission as of

October 30, 2000, shall serve as members of the Commission

until such time as members are first appointed to the

Commission under this paragraph.

(4) Retention of support

The Commission shall retain and make use of such staff,

materials, and infrastructure (including leased premises) of the

Trade Deficit Review Commission as the Commission determines, in

the judgment of the members of the Commission, are required to

facilitate the ready commencement of activities of the Commission

under subsection (c) of this section or to carry out such

activities after the commencement of such activities.

(5) Chairman and Vice Chairman

The members of the Commission shall select a Chairman and Vice

Chairman of the Commission from among the members of the

Commission.

(6) Meetings

(A) Meetings

The Commission shall meet at the call of the Chairman of the

Commission.

(B) Quorum

A majority of the members of the Commission shall constitute

a quorum for the transaction of business of the Commission.

(7) Voting

Each member of the Commission shall be entitled to one vote,

which shall be equal to the vote of every other member of the

Commission.

(c) Duties

(1) Annual report

Not later than June 1 each year (beginning in 2002), the

Commission shall submit to Congress a report, in both

unclassified and classified form, regarding the national security

implications and impact of the bilateral trade and economic

relationship between the United States and the People's Republic

of China. The report shall include a full analysis, along with

conclusions and recommendations for legislative and

administrative actions, if any, of the national security

implications for the United States of the trade and current

balances with the People's Republic of China in goods and

services, financial transactions, and technology transfers. The

Commission shall also take into account patterns of trade and

transfers through third countries to the extent practicable.

(2) Contents of report

Each report under paragraph (1) shall include, at a minimum, a

full discussion of the following:

(A) The portion of trade in goods and services with the

United States that the People's Republic of China dedicates to

military systems or systems of a dual nature that could be used

for military purposes.

(B) The acquisition by the People's Republic of China of

advanced military or dual-use technologies from the United

States by trade (including procurement) and other technology

transfers, especially those transfers, if any, that contribute

to the proliferation of weapons of mass destruction or their

delivery systems, or that undermine international agreements or

United States laws with respect to nonproliferation.

(C) Any transfers, other than those identified under

subparagraph (B), to the military systems of the People's

Republic of China made by United States firms and United

States-based multinational corporations.

(D) An analysis of the statements and writing of the People's

Republic of China officials and officially-sanctioned writings

that bear on the intentions, if any, of the Government of the

People's Republic of China regarding the pursuit of military

competition with, and leverage over, or cooperation with, the

United States and the Asian allies of the United States.

(E) The military actions taken by the Government of the

People's Republic of China during the preceding year that bear

on the national security of the United States and the regional

stability of the Asian allies of the United States.

(F) The effects, if any, on the national security interests

of the United States of the use by the People's Republic of

China of financial transactions and capital flow and currency

manipulations.

(G) Any action taken by the Government of the People's

Republic of China in the context of the World Trade

Organization that is adverse or favorable to the United States

national security interests.

(H) Patterns of trade and investment between the People's

Republic of China and its major trading partners, other than

the United States, that appear to be substantively different

from trade and investment patterns with the United States and

whether the differences have any national security implications

for the United States.

(I) The extent to which the trade surplus of the People's

Republic of China with the United States enhances the military

budget of the People's Republic of China.

(J) An overall assessment of the state of the security

challenges presented by the People's Republic of China to the

United States and whether the security challenges are

increasing or decreasing from previous years.

(3) Recommendations of report

Each report under paragraph (1) shall also include

recommendations for action by Congress or the President, or both,

including specific recommendations for the United States to

invoke Article XXI (relating to security exceptions) of the

General Agreement on Tariffs and Trade 1994 with respect to the

People's Republic of China, as a result of any adverse impact on

the national security interests of the United States.

(d) Hearings

(1) In general

The Commission or, at its direction, any panel or member of the

Commission, may for the purpose of carrying out the provisions of

this section, hold hearings, sit and act at times and places,

take testimony, receive evidence, and administer oaths to the

extent that the Commission or any panel or member considers

advisable.

(2) Information

The Commission may secure directly from the Department of

Defense, the Central Intelligence Agency, and any other Federal

department or agency information that the Commission considers

necessary to enable the Commission to carry out its duties under

this section, except the provision of intelligence information to

the Commission shall be made with due regard for the protection

from unauthorized disclosure of classified information relating

to sensitive intelligence sources and methods or other

exceptionally sensitive matters, under procedures approved by the

Director of Central Intelligence.

(3) Security

The Office of Senate Security shall -

(A) provide classified storage and meeting and hearing

spaces, when necessary, for the Commission; and

(B) assist members and staff of the Commission in obtaining

security clearances.

(4) Security clearances

All members of the Commission and appropriate staff shall be

sworn and hold appropriate security clearances.

(e) Commission personnel matters

(1) Compensation of members

Members of the Commission shall be compensated in the same

manner provided for the compensation of members of the Trade

Deficit Review Commission under section 127(g)(1) and section

127(g)(6) of the Trade Deficit Review Commission Act (19 U.S.C.

2213 note).

(2) Travel expenses

Travel expenses of the Commission shall be allowed in the same

manner provided for the allowance of the travel expenses of the

Trade Deficit Review Commission under section 127(g)(2) of the

Trade Deficit Review Commission Act.

(3) Staff

An executive director and other additional personnel for the

Commission shall be appointed, compensated, and terminated in the

same manner provided for the appointment, compensation, and

termination of the executive director and other personnel of the

Trade Deficit Review Commission under section 127(g)(3) and

section 127(g)(6) of the Trade Deficit Review Commission Act. The

executive director and any personnel who are employees of the

United States-China Security Review Commission shall be employees

under section 2105 of title 5 for purposes of chapters 63, 81,

83, 84, 85, 87, 89, and 90 of that title.

(4) Detail of government employees

Federal Government employees may be detailed to the Commission

in the same manner provided for the detail of Federal Government

employees to the Trade Deficit Review Commission under section

127(g)(4) of the Trade Deficit Review Commission Act.

(5) 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

Vice Chairman of the Commission.

(6) Procurement of temporary and intermittent services

The Chairman of the Commission may procure temporary and

intermittent services for the Commission in the same manner

provided for the procurement of temporary and intermittent

services for the Trade Deficit Review Commission under section

127(g)(5) of the Trade Deficit Review Commission Act.

(f) Authorization of appropriations

(1) In general

There is authorized to be appropriated to the Commission for

fiscal year 2001, and for each fiscal year thereafter, such sums

as may be necessary to enable the Commission to carry out its

functions under this section.

(2) Availability

Amounts appropriated to the Commission shall remain available

until expended.

(g) Federal Advisory Committee Act

The provisions of the Federal Advisory Committee Act (5 U.S.C.

App.) shall not apply to the Commission.

(h) Effective date

This section shall take effect on the first day of the 107th

Congress.

-SOURCE-

(Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1238], Oct. 30,

2000, 114 Stat. 1654, 1654A-334; Pub. L. 107-67, title VI, Secs.

645(a), 648, Nov. 12, 2001, 115 Stat. 556.)

-REFTEXT-

REFERENCES IN TEXT

Section 127 of the Trade Deficit Review Commission Act, referred

to in subsecs. (b)(3) and (e), is section 127 of Pub. L. 105-277,

which is set out in a note under section 2213 of Title 19, Customs

Duties.

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The first day of the 107th Congress, referred to in subsec. (h),

was Jan. 3, 2001.

-COD-

CODIFICATION

Section was enacted as part of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001, and not as part of

the U.S.-China Relations Act of 2000 which comprises this chapter.

-MISC1-

AMENDMENTS

2001 - Subsec. (c)(1). Pub. L. 107-67, Sec. 648, substituted

"June" for "March".

Subsec. (e)(3). Pub. L. 107-67, Sec. 645(a), inserted at end "The

executive director and any personnel who are employees of the

United States-China Security Review Commission shall be employees

under section 2105 of title 5 for purposes of chapters 63, 81, 83,

84, 85, 87, 89, and 90 of that title."

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-67, title VI, Sec. 645(b), Nov. 12, 2001, 115 Stat.

556, provided that: "The amendment made by this section [amending

this section] shall take effect on January 3, 2001."

-End-