CHAPTER 77 —UNITED STATES-CHINA RELATIONS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA
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
Part B—Authorization To Promote Compliance With Trade Agreements
Part C—Report on Compliance by the People's Republic of China With WTO Obligations.
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
Part B—Assistance To Develop Commercial and Labor Rule of Law
SUBCHAPTER V—ACCESSION OF TAIWAN TO THE WTO
SUBCHAPTER VI—RELATED ISSUES
SUBCHAPTER I—GENERAL PROVISIONS
§6901. Findings
The Congress finds the following:
(1) In 1980, the United States opened trade relations with the People's Republic of China by entering into a bilateral trade agreement, which was approved by joint resolution enacted pursuant to
(2) Since 1980, the President has consistently extended nondiscriminatory treatment to products of the People's Republic of China, pursuant to his authority under
(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.
(
Statutory Notes and Related Subsidiaries
Short Title of 2020 Amendment
Short Title of 2003 Amendment
Short Title
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
Ending China's Developing Nation Status
"(a)
"(1)
"(2)
"(A) to oppose the labeling or treatment of the People's Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People's Republic of China are both current members;
"(B) to pursue the labeling or treatment of the People's Republic of China as a developed nation in each international organization of which the United States and the People's Republic of China are both current members; and
"(C) to work with allies and partners of the United States to implement the policies described in subparagraphs (A) and (B).
"(b)
"(1) The term 'appropriate committees of Congress' means—
"(A) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to subsection (c); and
"(B) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to subsection (d).
"(2) The term 'OECD' means the Organisation for Economic Co-operation and Development.
"(3) The term 'Secretary' means the Secretary of State.
"(4) The term 'WTO' means the World Trade Organization.
"(c)
"(1)
"(A) identifies all current treaty negotiations in which—
"(i) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and
"(ii) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and
"(B) for each treaty negotiation identified pursuant to subparagraph (A), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.
"(2)
"(A) identifies all international organizations or treaties of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties;
"(B) describes the mechanisms for changing the country designation for each relevant treaty or organization; and
"(C) for each of the organizations or treaties identified pursuant to subparagraph (A)—
"(i) includes a list of countries that—
"(I) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and
"(II) meet the World Bank classification for upper middle income or high-income countries; and
"(ii) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.
"(3)
"(A)
"(i) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or
"(ii) the development of a mechanism described in clause (i) to change the status of the People's Republic of China in such organization from developing nation to developed nation.
"(B)
"(4)
"(d)
"(1)
"(A) identifies each provision of a WTO agreement that provides for special and differential treatment based on the self-declared development status of WTO members, including the People's Republic of China;
"(B) identifies—
"(i) all current multilateral negotiations at the WTO in which proposed negotiating text would provide for special and differential treatment for WTO members; and
"(ii) all current plurilateral negotiations at the WTO in which the People's Republic of China is actively participating, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the agreement, in which proposed negotiating text would provide for special and differential treatment for WTO members;
"(C) for each negotiation identified pursuant to subparagraph (B), describes how the draft provisions as of the date of the report would provide different treatment or standards for enforcement based on the self-declared development status of WTO members;
"(D) includes a list of WTO members that—
"(i) self-declare as developing country WTO members;
"(ii) meet the World Bank classification for upper middle-income or high-income countries; and
"(iii)(I) are members of, or applicants to, the OECD; or
"(II) account for not less than 0.5 percent of global merchandise trade annually for each of the most recently completed 5 calendar years; and
"(E) describes how the WTO provides different treatment or standards for enforcement based on the self-declared development status of the WTO members.
"(2)
"(A) oppose the use of special and differential treatment by the People's Republic of China at the WTO;
"(B) work to preclude the People's Republic of China from being eligible to use special and differential treatment in future WTO agreements; and
"(C) work to set appropriate thresholds, based on objective criteria, for determining each country's eligibility for special and differential treatment in current and future WTO negotiations, consistent with subparagraphs (A) and (B)."
Prohibition on Importation of Goods Made Through Forced Labor in the Xinjiang Uyghur Autonomous RegionProhibition on Importation of Goods Made Through Forced Labor in the Xinjiang Uyghur Autonomous Region
"SECTION 1. STATEMENT OF POLICY.
"It is the policy of the United States—
"(1) to strengthen the prohibition against the importation of goods made with forced labor, including by ensuring that the Government of the People's Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (
"(2) to lead the international community in ending forced labor practices wherever such practices occur through all means available to the United States Government, including by stopping the importation of any goods made with forced labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region;
"(3) to coordinate with Mexico and Canada to effectively implement Article 23.6 of the United States-Mexico-Canada Agreement to prohibit the importation of goods produced in whole or in part by forced or compulsory labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region;
"(4) to actively work to prevent, publicly denounce, and end human trafficking including with respect to forced labor, whether sponsored by the government of a foreign country or not, and to restore the lives of those affected by human trafficking, a modern form of slavery;
"(5) to regard the prevention of atrocities as it is in the national interest of the United States, including efforts to prevent torture, enforced disappearances, severe deprivation of liberty, including mass internment, arbitrary detention, and widespread and systematic use of forced labor, and persecution targeting any identifiable ethnic or religious group; and
"(6) to address gross violations of human rights in the Xinjiang Uyghur Autonomous Region—
"(A) through bilateral diplomatic channels and multilateral institutions where both the United States and the People's Republic of China are members; and
"(B) using all the authorities available to the United States Government, including visa and financial sanctions, export restrictions, and import controls.
"SEC. 2. STRATEGY TO ENFORCE PROHIBITION ON IMPORTATION OF GOODS MADE THROUGH FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) measures that can be taken to trace the origin of goods, offer greater supply chain transparency, and identify third country supply chain routes for goods mined, produced, or manufactured wholly or in part with forced labor in the People's Republic of China; and
"(B) other measures for ensuring that goods mined, produced, or manufactured wholly or in part with forced labor do not enter the United States.
"(c)
"(d)
"(1) A comprehensive assessment of the risk of importing goods mined, produced, or manufactured wholly or in part with forced labor in the People's Republic of China, including from the Xinjiang Uyghur Autonomous Region or made by Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups in any other part of the People's Republic of China, that identifies, to the extent feasible—
"(A) threats, including through the potential involvement in supply chains of entities that may use forced labor, that could lead to the importation into the United States from the People's Republic of China, including through third countries, of goods mined, produced, or manufactured wholly or in part with forced labor; and
"(B) what procedures can be implemented or improved to reduce such threats.
"(2) A comprehensive description and evaluation—
"(A) of 'pairing assistance' and 'poverty alleviation' or any other government labor scheme that includes the forced labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups outside of the Xinjiang Uyghur Autonomous Region or similar programs of the People's Republic of China in which work or services are extracted from Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups through the threat of penalty or for which the Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups have not offered themselves voluntarily; and
"(B) that includes—
"(i) a list of entities in the Xinjiang Uyghur Autonomous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor;
"(ii) a list of entities working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region;
"(iii) a list of products mined, produced, or manufactured wholly or in part by entities on the list required by clause (i) or (ii);
"(iv) a list of entities that exported products described in clause (iii) from the People's Republic of China into the United States;
"(v) a list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from the Xinjiang Uyghur Autonomous Region or from persons working with the government of the Xinjiang Uyghur Autonomous Region or the Xinjiang Production and Construction Corps for purposes of the 'poverty alleviation' program or the 'pairing-assistance' program or any other government labor scheme that uses forced labor;
"(vi) a plan for identifying additional facilities and entities described in clause (v);
"(vii) an enforcement plan for each such entity whose goods, wares articles, or merchandise are exported into the United States, which may include issuing withhold release orders to support enforcement of section 4 with respect to the entity;
"(viii) a list of high-priority sectors for enforcement, which shall include cotton, tomatoes, and polysilicon; and
"(ix) an enforcement plan for each such high-priority sector.
"(3) Recommendations for efforts, initiatives, and tools and technologies to be adopted to ensure that U.S. Customs and Border Protection can accurately identify and trace goods made in the Xinjiang Uyghur Autonomous Region entering at any of the ports of the United States.
"(4) A description of how U.S. Customs and Border Protection plans to enhance its use of legal authorities and other tools to ensure that no goods are entered at any of the ports of the United States in violation of section 307 of the Tariff Act of 1930 (
"(5) A description of the additional resources necessary for U.S. Customs and Border Protection to ensure that no goods are entered at any of the ports of the United States in violation of section 307 of the Tariff Act of 1930 (
"(6) Guidance to importers with respect to—
"(A) due diligence, effective supply chain tracing, and supply chain management measures to ensure that such importers do not import any goods mined, produced, or manufactured wholly or in part with forced labor from the People's Republic of China, especially from the Xinjiang Uyghur Autonomous Region;
"(B) the type, nature, and extent of evidence that demonstrates that goods originating in the People's Republic of China were not mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region; and
"(C) the type, nature, and extent of evidence that demonstrates that goods originating in the People's Republic of China, including goods detained or seized pursuant to section 307 of the Tariff Act of 1930 (
"(7) A plan to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to implement and update the strategy developed under subsection (c).
"(e)
"(1)
"(A) in the case of the first such report, sets forth the strategy developed under subsection (c); and
"(B) in the case of any subsequent such report, sets forth any updates to the strategy.
"(2)
"(3)
"(4)
"(f)
"SEC. 3. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION APPLIES TO GOODS MINED, PRODUCED, OR MANUFACTURED IN THE XINJIANG UYGHUR AUTONOMOUS REGION OR BY CERTAIN ENTITIES.
"(a)
"(1) the importation of such goods, wares, articles, and merchandise is prohibited under section 307 of the Tariff Act of 1930 (
"(2) such goods, wares, articles, and merchandise are not entitled to entry at any of the ports of the United States.
"(b)
"(1) that the importer of record has—
"(A) fully complied with the guidance described in section 2(d)(6) and any regulations issued to implement that guidance; and
"(B) completely and substantively responded to all inquiries for information submitted by the Commissioner to ascertain whether the goods were mined, produced, or manufactured wholly or in part with forced labor; and
"(2) by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor.
"(c)
"(d)
"(1) to implement paragraphs (1) and (2) of subsection (b); or
"(2) to amend any other regulations relating to withhold release orders in order to implement this section.
"(e)
"SEC. 4. DIPLOMATIC STRATEGY TO ADDRESS FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(b)
"(1) a plan to enhance bilateral and multilateral coordination, including sustained engagement with the governments of United States partners and allies, to end forced labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region;
"(2) a description of public affairs, public diplomacy, and counter-messaging efforts to promote awareness of the human rights situation, including forced labor in the Xinjiang Uyghur Autonomous Region; and
"(3) a plan—
"(A) to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness about goods mined, produced, or manufactured wholly or in part with forced labor in the Xinjiang Uyghur Autonomous Region; and
"(B) to provide humanitarian assistance, including with respect to resettlement and advocacy for imprisoned family members, to Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups, including members of such groups formerly detained in mass internment camps in the Xinjiang Uyghur Autonomous Region.
"(c)
"(1) to the extent practicable, a list of—
"(A) entities in the People's Republic of China or affiliates of such entities that use or benefit from forced labor in the Xinjiang Uyghur Autonomous Region; and
"(B) Foreign persons that acted as agents of the entities or affiliates of entities described in subparagraph (A) to import goods into the United States.
"(2) A plan for working with private sector entities seeking to conduct supply chain due diligence to prevent the importation of goods mined, produced, or manufactured wholly or in part with forced labor into the United States.
"(3) A plan of actions taken by the United States Government to address forced labor in the Xinjiang Uyghur Autonomous Region under existing authorities, including—
"(A) the Trafficking Victims Protection Act of 2000 (
"(B) the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (
"(C) the Global Magnitsky Human Rights Accountability Act [
"(d)
"(e)
"SEC. 5. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(b)
"(1) takes effect on the date of the enactment of this Act [Dec. 23, 2021]; and
"(2) applies with respect to the first report required by section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 [
"(c)
"(1)
"(2)
"SEC. 6. SUNSET.
"Sections 3, 4, and 5 shall cease to have effect on the earlier of—
"(1) the date that is 8 years after the date of the enactment of this Act [Dec. 23, 2021]; or
"(2) the date on which the President submits to the appropriate congressional committees a determination that the Government of the People's Republic of China has ended mass internment, forced labor, and any other gross violations of human rights experienced by Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region.
"SEC. 7. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives; and
"(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate.
"(2)
"(A) has the meaning given that term in section 307 of the Tariff Act of 1930 (
"(B) includes convict labor and indentured labor under penal sanctions.
"(3)
"(4)
"(5)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity."
[For delegation of functions of the President under section 5(c) of
Imposition of Sanctions
"(a)
"(1)
"(A) Torture.
"(B) Cruel, inhuman, or degrading treatment or punishment.
"(C) Prolonged detention without charges and trial.
"(D) Causing the disappearance of persons by the abduction and clandestine detention of those persons.
"(E) Other flagrant denial of the right to life, liberty, or the security of persons.
"(F) Serious human rights abuses in connection with forced labor.
"(2)
"(b)
"(c)
"(1)
"(A) are in the United States;
"(B) come within the United States; or
"(C) come within the possession or control of a United States person.
"(2)
"(A)
"(i) inadmissible to the United States;
"(ii) ineligible to receive a visa or other documentation to enter the United States; and
"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (
"(B)
"(i)
"(ii)
"(I) take effect immediately; and
"(II) cancel any other valid visa or entry documentation that is in the alien's possession.
"(3)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
"(B) to carry out or assist law enforcement activity in the United States.
"(3)
"(A)
"(B)
"(g)
"(1) information exists that the person did not engage in the activity for which sanctions were imposed;
"(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
"(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future; or
"(4) the termination of the sanctions is in the national security interests of the United States.
"(h)
"(i)
"(1)
"(2)
"(3)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity."
[For delegation of functions of the President under section 6 of
Monitoring of Implementation of 1979 Agreement Between the United States and China on Cooperation in Science and Technology
"(a)
"(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)
"(c)
"(d)
"(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."
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Tibetan Policy
"(a)
"(1) Tibetan Buddhism is practiced in many countries including Bhutan, India, Mongolia, Nepal, the People's Republic of China, the Russian Federation, and the United States, yet the Government of the People's Republic of China has repeatedly insisted on its role in managing the selection of Tibet's next spiritual leader, the Dalai Lama, through actions such as those described in the 'Measures on the Management of the Reincarnation of Living Buddhas' in 2007.
"(2) On March 19, 2019, Chinese Ministry of Affairs spokesperson reiterated that the 'reincarnation of living Buddhas including the Dalai Lama must comply with Chinese laws and regulations and follow religious rituals and historical conventions'.
"(3) The Government of the People's Republic of China has interfered in the process of recognizing a successor or reincarnation of Tibetan Buddhist leaders, including in 1995 by arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who was identified as the 11th Panchen Lama, and purporting to install its own candidate as the Panchen Lama.
"(4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement on September 24, 2011, explaining the traditions and spiritual precepts of the selection of Dalai Lamas, setting forth his views on the considerations and process for selecting his successor, and providing a response to the Chinese government's claims that only the Chinese government has the ultimate authority in the selection process of the Dalai Lama.
"(5) The 14th Dalai Lama said in his statement that the person who reincarnates has sole legitimate authority over where and how he or she takes rebirth and how that reincarnation is to be recognized and if there is a need for a 15th Dalai Lama to be recognized, then the responsibility shall primarily rest with the officers of the Dalai Lama's Gaden Phodrang Trust, who will be informed by the written instructions of the 14th Dalai Lama.
"(6) Since 2011, the 14th Dalai Lama has reiterated publicly on numerous occasions that decisions on the successions, emanations, or reincarnations of the Dalai Lama belongs to the Tibetan Buddhist faith community alone.
"(7) On June 8, 2015, the United States House of Representatives unanimously approved House Resolution 337 which calls on the United States Government to 'underscore that government interference in the Tibetan reincarnation process is a violation of the internationally recognized right to religious freedom . . . and to highlight the fact that other countries besides China have long Tibetan Buddhist traditions, and that matters related to reincarnations in Tibetan Buddhism are of keen interest to Tibetan Buddhist populations worldwide'.
"(8) On April 25, 2018, the United States Senate unanimously approved Senate Resolution 429 which 'expresses its sense that the identification and installation of Tibetan Buddhist religious leaders, including a future 15th Dalai Lama, is a matter that should be determined solely within the Tibetan Buddhist faith community, in accordance with the inalienable right to religious freedom'.
"(9) The Department of State's Report on International Religious Freedom for 2018 reported on policies and efforts of the Government of the People's Republic of China to exert control over the selection of Tibetan Buddhist religious leaders, including reincarnate lamas, and stated that '[United States] officials underscored that decisions on the reincarnation of the Dalai Lama should be made solely by faith leaders.'.
"(b)
"(1) decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the Tibetan Buddhist tradition and in the context of the will of practitioners of Tibetan Buddhism;
"(2) the wishes of the 14th Dalai Lama, including any written instructions, should play a key role in the selection, education, and veneration of a future 15th Dalai Lama; and
"(3) interference by the Government of the People's Republic of China or any other government in the process of recognizing a successor or reincarnation of the 14th Dalai Lama and any future Dalai Lamas would represent a clear abuse of the right to religious freedom of Tibetan Buddhists and the Tibetan people.
"(c)
"(1) imposing sanctions pursuant to the Global Magnitsky Human Rights Accountability Act [subtitle F of title XII of div. A of
"(2) prohibiting admission to the United States under section 212(a)(2)(G) of the Immigration and Nationality Act (
"(d)
"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)
"(1)
"(2)
"(3)
"(b)
"(1) the steps taken by the President and the Secretary in accordance with subsection (a)(1) to implement the Tibetan Policy Act of 2002;
"(2) the status of any discussions between the People's Republic of China and the Dalai Lama or his representatives or a successor selected by a method of the 14th Dalai Lama's own choosing or the representatives of such successor; and
"(3) the steps taken by the United States Government to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people, including the right of the Tibetan people to select, educate, and venerate their own religious leaders in accordance with their established religious practice and system.
"SEC. 614. REPORTING ON TIBET.
"Whenever a report is transmitted to Congress under section 116 or 502B of the Foreign Assistance Act of 1961 (
"SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA.
[Amended
"SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.
"(a)
"(b)
"(c)
"(d)
"(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 human rights, 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;
"(9) neither provide incentive for, nor facilitate the involuntary or coerced transfer of ownership of, Tibetan land or natural resources to non-Tibetans; and
"(10) neither provide incentive for, nor facilitate the involuntary or coerced relocation of, Tibetan nomads from their traditional pasturelands into concentrated settlements.
"(e)
"(1)
"(2)
"(f)
"(1) encourage United States businesses and individuals that are engaged in commerce or investing in enterprises in Tibet to be guided by the principles specified in subsection (d) and the United Nations Guiding Principles on Business and Human Rights; and
"(2) hold regular consultations with businesses and individuals that are engaged in commerce or are investing in enterprises in Tibet about the principles referenced in paragraph (1) and the business practices of such businesses and individuals in Tibet.
"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. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
"(a)
"(1) to provide consular services to United States citizens traveling in Tibet; and
"(2) to monitor political, economic, and cultural developments in Tibet.
"(b)
"(c)
"(1) a specific and detailed rationale for the determination that the waiver is in the national security interests of the United States; and
"(2) a description of the efforts by the Department of State to seek the establishment of a United States consulate in Lhasa.
"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)
"(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)
"SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
"(a)
"(b)
"(c)
"(1) promote substantive dialogue without preconditions, between the Government of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore activities to improve prospects for dialogue, that leads to a negotiated agreement on Tibet;
"(2) coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on Tibet;
"(3) encourage the Government of the People's Republic of China to address the aspirations of the Tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity;
"(4) promote the human rights of the Tibetan people;
"(5) promote activities to preserve environment and water resources of the Tibetan plateau;
"(6) encourage that any initiatives or activities for Tibetan communities in the Tibet Autonomous Region are conducted in accordance with the principles espoused in section 616(d); and
"(7) promote access to Tibet in accordance with the Reciprocal Access to Tibet Act of 2018 (
"(d)
"(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;
"(6) provide guidance with respect to all projects carried out pursuant to assistance provided under section 616(e);
"(7) seek to establish international diplomatic coalitions to—
"(A) oppose any effort by the Government of the People's Republic of China to select, educate, and venerate Tibetan Buddhist religious leaders in a manner inconsistent with the principle that the succession or identification of Tibetan Buddhist lamas, including the Dalai Lama, should occur without interference, in a manner consistent with traditional practice; and
"(B) ensure that the identification and installation of Tibetan Buddhist religious leaders, including any future Dalai Lama, is determined solely within the Tibetan Buddhist faith community, in accordance with the internationally-recognized right to religious freedom; and
"(8) take all appropriate steps to ensure adequate resources, staff, and bureaucratic support to fulfill the duties and responsibilities of the Special Coordinator.
"(e)
[For definitions of "Secretary" and "appropriate congressional committees" as used in subtitle B of title VI of div. A of
[Functions of President under section 613(b) of
Policy of the United States With Respect to Macau
"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)
"(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)
"(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)
"(1)
"(2)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"SEC. 204. REPORTING REQUIREMENT.
"(a)
"(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)
"SEC. 205. DEFINITIONS.
"In this title:
"(1)
"(2)
Executive Documents
Delegation of Certain Functions and Authorities Under the Uyghur Human Rights Policy Act of 2020 and Public Law 117–78
Memorandum of President of the United States, Dec. 7, 2023, 88 F.R. 87651, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Homeland Security
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(i) section 6(a)(1) of the UHRPA, with respect to submitting the report;
(ii) section 6(e) of the UHRPA; and
(iii) section 5(c)(1) of
(b) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(a)(1) of the UHRPA, with respect to making the determinations;
(ii) section 6(g) of the UHRPA, with respect to terminating the sanctions described in section 6(c)(1) of the UHRPA and imposed under section 6(b) of the UHRPA; and
(iii) section 5(c)(1) of
(c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(b) of the UHRPA, with respect to imposing the sanctions described in section 6(c)(1) of the UHRPA;
(ii) section 6(c)(1) of the UHRPA;
(iii) section 6(d) of the UHRPA; and
(iv) section 5(c)(2) of
(d) I hereby delegate to the Secretary of State, in consultation with the Secretary of Homeland Security, the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(b) of the UHRPA, with respect to imposing the sanctions described in section 6(c)(2) of the UHRPA;
(ii) section 6(g) of the UHRPA, with respect to terminating the sanctions described in section 6(c)(2) of the UHRPA and imposed under section 6(b) of the UHRPA; and
(iii) section 5(c)(2) of
J.R. Biden, Jr.
§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 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.
(
§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
(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
(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
(
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
There is established a Congressional-Executive Commission on the People's Republic of China (in this subchapter referred to as the "Commission").
(
§6912. Functions of the Commission
(a) Monitoring compliance with human rights
The Commission shall monitor the acts of the People's Republic of China which reflect compliance with or violation of human rights, in particular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, including, but not limited to, effectively affording—
(1) the right to engage in free expression without fear of any prior restraints;
(2) the right to peaceful assembly without restrictions, in accordance with international law;
(3) religious freedom, including the right to worship free of involvement of and interference by the government;
(4) the right to liberty of movement and freedom to choose a residence within the People's Republic of China and the right to leave from and return to the People's Republic of China;
(5) the right of a criminal defendant—
(A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing;
(B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A);
(C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;
(D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law;
(E) to be presumed innocent until proved guilty according to law; and
(F) to be tried without undue delay;
(6) the right to be free from torture and other forms of cruel or unusual punishment;
(7) protection of internationally recognized worker rights;
(8) freedom from incarceration as punishment for political opposition to the government;
(9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section);
(10) freedom from arbitrary arrest, detention, or exile;
(11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations; and
(12) free choice of employment.
(b) Victims lists
The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People's Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families.
(c) Monitoring development of rule of law
The Commission shall monitor the development of the rule of law in the People's Republic of China, including, but not limited to—
(1) progress toward the development of institutions of democratic governance;
(2) processes by which statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China are developed and become binding within the People's Republic of China;
(3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People's Republic of China are published and are made accessible to the public;
(4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of the People's Republic of China;
(5) the extent to which individuals are treated equally under the laws of the of the 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); and
(2) developing the rule of law in the People's Republic of China.
(e) Contacts with nongovernmental organizations
In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports.
(f) Cooperation with Special Coordinator
In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State.
(g) Annual reports
The Commission shall issue a report to the President and the Congress not later than 12 months after 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). The Commission's report may contain recommendations for legislative or executive action.
(h) Specific information in annual reports
The Commission's report under subsection (g) shall include—
(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), 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), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report.
(2) The provisions of paragraph (1) are enacted by the Congress—
(A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.
(j) Supplemental reports
The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c).
(
Editorial Notes
Amendments
2002—Subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§6913. Membership of the Commission
(a) Selection and appointment of members
The Commission shall be composed of 23 members as follows:
(1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five members shall be selected from the majority party and four members shall be selected, after consultation with the minority leader of the House, from the minority party.
(2) Nine Members of the Senate appointed by the President of the Senate. Five members shall be selected, after consultation with the majority leader of the Senate, from the majority party, and four members shall be selected, after consultation with the minority leader of the Senate, from the minority party.
(3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department.
(4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department.
(5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department.
(6) Two at-large representatives, appointed by the President of the United States, from among the officers and employees of the executive branch.
(b) Chairman and Cochairman
(1) Designation of Chairman
At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission.
(2) Designation of Cochairman
At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission.
(
§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.
§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.
(
§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.
(
§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.
(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
(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.
(
§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.
(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), 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
(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
(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.
(
Editorial Notes
References in Text
1 See References in Text note below.
§6919. Printing and binding costs
For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Publishing Office, the Commission shall be deemed to be a committee of the Congress.
(
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of
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
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.
(
Part B—Authorization To Promote Compliance With Trade Agreements
§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 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.
(
§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 People's Republic of China.
(
§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—
(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
(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 (
(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.
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsec. (c)(1), is
Part C—Report on Compliance by the People's Republic of China With WTO Obligations
§6951. Report on compliance
(a) In general
Not later than 1 year after the entry into force of the Protocol of Accession of the People's Republic of China to the WTO, and annually thereafter, the Trade Representative shall submit a report to Congress on compliance by the People's Republic of China with commitments made in connection with its accession to the World Trade Organization, including both multilateral commitments and any bilateral commitments made to the United States.
(b) Public participation
In preparing the report described in subsection (a), the Trade Representative shall seek public participation by publishing a notice in the Federal Register and holding a public hearing.
(
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
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").
(
§6962. Functions of Task Force
The Task Force shall monitor and promote effective enforcement of and compliance with
(1) Coordinate closely with the United States Customs Service to promote maximum effectiveness in the enforcement by the Customs Service of
(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
(5) Advise the Customs Service in performing such other functions, consistent with existing authority, to ensure the effective enforcement of
(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.
(
Statutory Notes and Related Subsidiaries
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
§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 U.S. Customs and Border Protection, 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.
(
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in text on authority of section 802(d)(2) of
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
§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
(
§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.
(b) Contents of reports
Each report under subsection (a) shall set forth, at a minimum—
(1) the number of allegations of violations of
(2) the number of actual violations of
(3) in the case of each attempted entry of products of the People's Republic of China in violation of such
(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
(
1 So in original. Probably should be "People's".
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
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.
(
1 So in original. Comma probably should not appear.
§6982. Administrative authorities
In carrying out the programs authorized by
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in text, is
The Foreign Service Act of 1980, referred to in text, is
§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 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.
(
§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
(b) Labor law program
There are authorized to be appropriated to the Secretary of Labor to carry out the program described in
(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
(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.
(
SUBCHAPTER V—ACCESSION OF TAIWAN TO THE WTO
§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 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.
(
SUBCHAPTER VI—RELATED ISSUES
§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.
(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.
(
Editorial Notes
Amendments
2002—Subsec. (a).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
§7002. United States-China Economic and Security Review Commission
(a) Purposes
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 People's 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").
(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 (
(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) 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 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 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 role of the People's Republic of China in the proliferation of weapons of mass destruction and other weapon systems (including systems and technologies of a dual use nature), including actions the United States might take to encourage the People's Republic of China to cease such practices.
(B) The qualitative and quantitative nature of the transfer of United States production activities to the People's Republic of China, including the relocation of manufacturing, advanced technology and intellectual property, and research and development facilities, the impact of such transfers on the national security of the United States (including the dependence of the national security industrial base of the United States on imports from China), the economic security of the United States, and employment in the United States, and the adequacy of United States export control laws in relation to the People's Republic of China.
(C) The effects of the need for energy and natural resources in the People's Republic of China on the foreign and military policies of the People's Republic of China, the impact of the large and growing economy of the People's Republic of China on world energy and natural resource supplies, prices, and the environment, and the role the United States can play (including through joint research and development efforts and technological assistance) in influencing the energy and natural resource policies of the People's Republic of China.
(D) Foreign investment by the United States in the People's Republic of China and by the People's Republic of China in the United States, including an assessment of its economic and security implications, the challenges to market access confronting potential United States investment in the People's Republic of China, and foreign activities by financial institutions in the People's Republic of China.
(E) The military plans, strategy and doctrine of the People's Republic of China, the structure and organization of the People's Republic of China military, the decision-making process of the People's Republic of China military, the interaction between the civilian and military leadership in the People's Republic of China, the development and promotion process for leaders in the People's Republic of China military, deployments of the People's Republic of China military, resources available to the People's Republic of China military (including the development and execution of budgets and the allocation of funds), force modernization objectives and trends for the People's Republic of China military, and the implications of such objectives and trends for the national security of the United States.
(F) The strategic economic and security implications of the cyber capabilities and operations of the People's Republic of China.
(G) The national budget, fiscal policy, monetary policy, capital controls, and currency management practices of the People's Republic of China, their impact on internal stability in the People's Republic of China, and their implications for the United States.
(H) The drivers, nature, and implications of the growing economic, technological, political, cultural, people-to-people, and security relations of the People's Republic of China's with other countries, regions, and international and regional entities (including multilateral organizations), including the relationship among the United States, Taiwan, and the People's Republic of China.
(I) The compliance of the People's Republic of China with its commitments to the World Trade Organization, other multilateral commitments, bilateral agreements signed with the United States, commitments made to bilateral science and technology programs, and any other commitments and agreements strategic to the United States (including agreements on intellectual property rights and prison labor imports), and United States enforcement policies with respect to such agreements.
(J) The implications of restrictions on speech and access to information in the People's Republic of China for its relations with the United States in economic and security policy, as well as any potential impact of media control by the People's Republic of China on United States economic interests.
(K) The safety of food, drug, and other products imported from China, the measures used by the People's Republic of China Government and the United States Government to monitor and enforce product safety, and the role the United States can play (including through technical assistance) to improve product safety in the People's Republic of China.
(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 (
(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 Economic and Security Review Commission shall be employees under
(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) Applicability of chapter 10 of title 5
The provisions of
(h) Effective date
This section shall take effect on the first day of the 107th Congress.
(
Editorial Notes
References in Text
Section 127 of the Trade Deficit Review Commission Act, referred to in subsecs. (b)(3) and (e), is section 127 of
The first day of the 107th Congress, referred to in subsec. (h), was Jan. 3, 2001.
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.
Amendments
2022—Subsec. (g).
2014—Subsec. (c)(2).
2007—Subsec. (c)(1).
2005—Subsec. (g).
2003—
Subsec. (a)(1), (2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(3)(F).
Subsec. (b)(3)(H), (4), (e)(1), (2).
Subsec. (e)(3).
Subsec. (e)(4), (6).
2001—Subsec. (c)(1).
Subsec. (e)(3).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 2014 Amendment
Effective Date of 2003 Amendment
Effective Date of 2001 Amendment
Responsibilities of the Commission
"(A)
"(B)
"(C)
"(D)
"(E)
"(F)
"(G)
"(H)
"(I)
Similar provisions were contained in the following appropriation act: