TITLE 22 - US CODE - CHAPTER 77 - UNITED STATES-CHINA RELATIONS
TITLE 22 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS
22 USC 6901 - Findings
The Congress finds the following:
(1) In 1980, the United States opened trade relations with the Peoples 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 Peoples 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 Peoples 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 Peoples 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.
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(5) The United States merchandise trade deficit with the Peoples 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 Peoples 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 Peoples 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 Peoples Republic of China concluded a bilateral agreement concerning terms of the Peoples Republic of Chinas eventual accession to the World Trade Organization.
(9) The commitments that the Peoples 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 Peoples Republic of China, if those commitments are effectively complied with and enforced.
(10) The record of the Peoples Republic of China in implementing trade-related commitments has been mixed. While the Peoples 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 Peoples Republic of Chinas 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 Peoples 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 Peoples Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of States 1999 Country Reports on Human Rights Practices for the Peoples Republic of China finds that [t]he Governments 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 Peoples Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of States 1999 Country Reports on Human Rights Practices for the Peoples 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.
22 USC 6902 - Policy
It is the policy of the United States
(1) to develop trade relations that broaden the benefits of trade, and lead to a leveling up, rather than a leveling down, of labor, environmental, commercial rule of law, market access, anticorruption, and other standards across national borders;
(2) to pursue effective enforcement of trade-related and other international commitments by foreign governments through enforcement mechanisms of international organizations and through the application of United States law as appropriate;
(3) to encourage foreign governments to conduct both commercial and noncommercial affairs according to the rule of law developed through democratic processes;
(4) to encourage the Government of the Peoples Republic of China to afford its workers internationally recognized worker rights;
(5) to encourage the Government of the Peoples Republic of China to protect the human rights of people within the territory of the Peoples 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 Peoples Republic of China and the right to leave from and return to the Peoples 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.
22 USC 6903 - Definitions
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.
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 Peoples Republic of China means the central Government of the Peoples 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.
The term Government of the Peoples Republic of China means the central Government of the Peoples 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.
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.
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.
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.
The term WTO Agreement means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.
TITLE 22 - US CODE - SUBCHAPTER II - CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLES REPUBLIC OF CHINA
22 USC 6911 - Establishment of Congressional-Executive Commission on the Peoples Republic of China
There is established a Congressional-Executive Commission on the Peoples Republic of China (in this subchapter referred to as the Commission).
22 USC 6912 - Functions of the Commission
(a) Monitoring compliance with human rights
The Commission shall monitor the acts of the Peoples 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
The Commission shall monitor the acts of the Peoples 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 Peoples Republic of China and the right to leave from and return to the Peoples 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 citizens 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 Peoples 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.
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 Peoples 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 Peoples Republic of China, including, but not limited to
The Commission shall monitor the development of the rule of law in the Peoples 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 Peoples Republic of China are developed and become binding within the Peoples Republic of China;
(3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the Peoples 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 Peoples Republic of China;
(5) the extent to which individuals are treated equally under the laws of the of the[1] Peoples 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 Peoples 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 Peoples Republic of China and expanding cooperation in areas that include, but are not limited to
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 Peoples 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 Peoples 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.
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.
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 Commissions report may contain recommendations for legislative or executive action.
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 Commissions report may contain recommendations for legislative or executive action.
(h) Specific information in annual reports
The Commissions report under subsection (g) of this section shall include
The Commissions 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 Peoples Republic of China and the Dalai Lama or his representatives, and measures taken to safeguard Tibets 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.
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.
[1] So in original.
22 USC 6913 - Membership of the Commission
(a) Selection and appointment of members
The Commission shall be composed of 23 members as follows:
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.
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.
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.
22 USC 6914 - Votes of the Commission
Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the Members[1] of the Commission shall constitute a quorum for purposes of conducting business.
[1] So in original. Probably should not be capitalized.
22 USC 6915 - Expenditure of appropriations
For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation.
22 USC 6916 - Testimony of witnesses, production of evidence; issuance of subpoenas; administration of oaths
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.
22 USC 6917 - Appropriations for the Commission
(a) Authorization; disbursements
(1) Authorization
There are authorized to be appropriated to the Commission for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended.
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
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.
Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairman or the Cochairman.
22 USC 6918 - Staff of the Commission
(a) Personnel and administration committee
The Commission shall have a personnel and administration committee composed of the Chairman, the Cochairman, the senior member of the Commission from the minority party of the House of Representatives, and the senior member of the Commission from the minority party of the Senate.
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
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 Cochairmans 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.
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.
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.
[1] See References in Text note below.
22 USC 6919 - Printing and binding costs
For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress.
TITLE 22 - US CODE - SUBCHAPTER III - MONITORING AND ENFORCEMENT OF THE PEOPLES REPUBLIC OF CHINAS WTO COMMITMENTS
Part A - Review of Membership of the Peoples Republic of China in the WTO
22 USC 6931 - Review within the WTO
It shall be the objective of the United States to obtain as part of the Protocol of Accession of the Peoples Republic of China to the WTO, an annual review within the WTO of the compliance by the Peoples Republic of China with its terms of accession to the WTO.
Part B - Authorization To Promote Compliance With Trade Agreements
22 USC 6941 - Findings
The Congress finds as follows:
(1) The opening of world markets through the elimination of tariff and nontariff barriers has contributed to a 56-percent increase in exports of United States goods and services since 1992.
(2) Such export expansion, along with an increase in trade generally, has helped fuel the longest economic expansion in United States history.
(3) The United States Government must continue to be vigilant in monitoring and enforcing the compliance by our trading partners with trade agreements in order for United States businesses, workers, and farmers to continue to benefit from the opportunities created by market-opening trade agreements.
(4) The Peoples 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 Peoples Republic of China to the WTO.
22 USC 6942 - Purpose
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 Peoples Republic of China.
22 USC 6943 - Authorization of appropriations
(a) Department of Commerce
There is authorized to be appropriated to the Department of Commerce, in addition to amounts otherwise available for such purposes, such sums as may be necessary for fiscal year 2001, and each fiscal year thereafter, for additional staff for
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 Peoples 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 Peoples Republic of China;
(2) enforcement of United States trade laws with respect to products of the Peoples 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 Peoples 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 Peoples Republic of China that countrys 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.
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 Peoples Republic of China that countrys 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 Peoples 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 Peoples Republic of China.
The annual report on compliance by the Peoples 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 Peoples 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
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 Peoples 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 Peoples Republic of China affecting access to markets in the Peoples Republic of China and to support the Office of the General Counsel in presenting cases to the WTO involving the Peoples Republic of China;
(3) the geographic office for the Peoples 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 Peoples 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 Peoples Republic of China with its trade agreement obligations.
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 Peoples Republic of China with its trade agreement obligations.
Part C - Report on Compliance by the Peoples Republic of China With WTO Obligations
22 USC 6951 - Report on compliance
(a) In general
Not later than 1 year after the entry into force of the Protocol of Accession of the Peoples Republic of China to the WTO, and annually thereafter, the Trade Representative shall submit a report to Congress on compliance by the Peoples 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.
Not later than 1 year after the entry into force of the Protocol of Accession of the Peoples Republic of China to the WTO, and annually thereafter, the Trade Representative shall submit a report to Congress on compliance by the Peoples 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.
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.
TITLE 22 - US CODE - SUBCHAPTER IV - TRADE AND RULE OF LAW ISSUES IN THE PEOPLES REPUBLIC OF CHINA
Part A - Task Force on Prohibition of Importation of Products of Forced or Prison Labor From the Peoples Republic of China
22 USC 6961 - Establishment of Task Force
There is hereby established a task force on prohibition of importation of products of forced or prison labor from the Peoples Republic of China (hereafter in this part referred to as the Task Force).
22 USC 6962 - Functions of Task Force
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 Peoples 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 Peoples 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 Peoples 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 Peoples 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 Peoples 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 Peoples 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.
22 USC 6963 - Composition of Task Force
The Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, the Secretary of State, the Commissioner of Customs, and the heads of other executive branch agencies, as appropriate, acting through their respective designees at or above the level of Deputy Assistant Secretary, or in the case of the Customs Service, at or above the level of Assistant Commissioner, shall compose the Task Force. The designee of the Secretary of the Treasury shall chair the Task Force.
22 USC 6964 - Authorization of appropriations
There are authorized to be appropriated for fiscal year 2001, and each fiscal year thereafter, such sums as may be necessary for the Task Force to carry out the functions described in section 6962 of this title.
22 USC 6965 - Reports to Congress
(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.
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
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 Peoples Republic of China that were discovered during the preceding 1-year period;
(3) in the case of each attempted entry of products of the Peoples 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
[1] So in original. Probably should be “People’s”.
Part B - Assistance To Develop Commercial and Labor Rule of Law
22 USC 6981 - Establishment of technical assistance and rule of law programs
(a) Commerce rule of law program
The Secretary of Commerce, in consultation with the Secretary of State, is authorized to establish a program to conduct rule of law training and technical assistance related to commercial activities in the Peoples Republic of China.
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 Peoples 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 Peoples Republic of China.
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 Peoples 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
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.
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 Peoples Republic of China.
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 Peoples 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 Peoples Republic of China to provide and receive training.
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 Peoples Republic of China to provide and receive training.
[1] So in original. Comma probably should not appear.
22 USC 6982 - Administrative authorities
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.].
22 USC 6983 - Prohibition relating to human rights abuses
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 Peoples 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.
22 USC 6984 - Authorization of appropriations
(a) Commercial law program
There are authorized to be appropriated to the Secretary of Commerce to carry out the program described in section 6981 (a) of this title such sums as may be necessary for fiscal year 2001, and each fiscal year thereafter.
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.
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.
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.
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.
TITLE 22 - US CODE - SUBCHAPTER V - ACCESSION OF TAIWAN TO THE WTO
22 USC 6991 - Accession of Taiwan to the WTO
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 Peoples Republic of China to the WTO, the United States representative to the WTO should request that the General Council of the WTO consider Taiwans 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 Peoples Republic of China to the WTO, to block the accession of Taiwan to the WTO.
TITLE 22 - US CODE - SUBCHAPTER VI - RELATED ISSUES
22 USC 7001 - Authorizations of appropriations for broadcasting capital improvements and international broadcasting operations
(a) Broadcasting capital improvements
In addition to such sums as may otherwise be authorized to be appropriated, there are authorized to be appropriated for Department of State and Related Agency, Related Agency, Broadcasting Board of Governors, Broadcasting Capital Improvements $65,000,000 for the fiscal year 2003.
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).
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:
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 Peoples Republic of China and neighboring countries.
(B) To enable Radio Free Asias expansion of news research, production, call-in show capability, and web site/Internet enhancement for the Peoples 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.
22 USC 7002 - United States-China Economic and Security Review Commission
(a) Purposes
The purposes of this section are as follows:
The purposes of this section are as follows:
(1) To establish the United States-China Economic and Security Review Commission to review the national security implications of trade and economic ties between the United States and the Peoples Republic of China.
(2) To facilitate the assumption by the United States-China Economic and 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 Economic and Security Review Commission
(1) In general
There is hereby established a commission to be known as the United States-China Economic and Security Review Commission (in this section referred to as the Commission).
There is hereby established a commission to be known as the United States-China Economic and 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 Peoples Republic of China.
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 Peoples 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
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) each appointing authority referred to under subparagraphs (A) through (D) of this paragraph shall
(i) appoint 3 members to the Commission;
(ii) make the appointments on a staggered term basis, such that
(I) 1 appointment shall be for a term expiring on December 31, 2003;
(II) 1 appointment shall be for a term expiring on December 31, 2004; and
(III) 1 appointment shall be for a term expiring on December 31, 2005;
(iii) make all subsequent appointments on an approximate 2-year term basis to expire on December 31 of the applicable year; and
(iv) make appointments 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.
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.
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.
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.
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.
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 December 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 Peoples 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 Peoples 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.
Not later than December 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 Peoples 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 Peoples 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:
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 Peoples 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 Peoples 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 Peoples Republic of China made by United States firms and United States-based multinational corporations.
(D) An analysis of the statements and writing of the Peoples Republic of China officials and officially-sanctioned writings that bear on the intentions, if any, of the Government of the Peoples 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 Peoples 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 Peoples Republic of China of financial transactions and capital flow and currency manipulations.
(G) Any action taken by the Government of the Peoples 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 Peoples 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 Peoples Republic of China with the United States enhances the military budget of the Peoples Republic of China.
(J) An overall assessment of the state of the security challenges presented by the Peoples 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 Peoples Republic of China, as a result of any adverse impact on the national security interests of the United States.
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 Peoples 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.
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.
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
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.
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 ).
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.
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 Economic and 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.
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 Economic and 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.
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.
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.
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.
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.
Amounts appropriated to the Commission shall remain available until expended.
(g) Applicability of FACA
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission.
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission.
(h) Effective date
This section shall take effect on the first day of the 107th Congress.
This section shall take effect on the first day of the 107th Congress.