Legislación
US (United States) Code. Title 22. Chapter 77: US (United States) China relations
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22 USC CHAPTER 77 - UNITED STATES-CHINA RELATIONS 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 77 - UNITED STATES-CHINA RELATIONS
-HEAD-
CHAPTER 77 - UNITED STATES-CHINA RELATIONS
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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.
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22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 77 - UNITED STATES-CHINA RELATIONS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
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22 USC Sec. 6901 01/06/03
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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.)
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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'."
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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.
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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-
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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