Home > 106th Congressional Bills > H.R. 4444 (enr) To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and to establish a framework for relations between the United States and the People's Republic of China. [Enrolled...

H.R. 4444 (enr) To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China, and to establish a framework for relations between the United States and the People's Republic of China. [Enrolled...


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106th CONGRESS

  2d Session

                               H. R. 4444

_______________________________________________________________________

                                 AN ACT

  To authorize extension of nondiscriminatory treatment (normal trade 
    relations treatment) to the People's Republic of China, and to 
 establish a framework for relations between the United States and the 
                      People's Republic of China.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4444

_______________________________________________________________________

                                 AN ACT


 
  To authorize extension of nondiscriminatory treatment (normal trade 
    relations treatment) to the People's Republic of China, and to 
 establish a framework for relations between the United States and the 
                      People's Republic of China.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into two divisions as 
follows:
            (1) Division A--Normal trade relations for the People's 
        Republic of China.
            (2) Division B--United States-China Relations.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Organization of Act into divisions; table of contents.
 DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                    TITLE I--NORMAL TRADE RELATIONS

Sec. 101. Termination of application of chapter 1 of title IV of the 
                            Trade Act of 1974 to the People's Republic 
                            of China.
Sec. 102. Effective date.
Sec. 103. Relief from market disruption.
Sec. 104. Amendment to section 123 of the Trade Act of 1974-
                            compensation authority.
               DIVISION B--UNITED STATES-CHINA RELATIONS

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Short title of division; table of contents of division.
Sec. 202. Findings.
Sec. 203. Policy.
Sec. 204. Definitions.
TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC 
                                OF CHINA

Sec. 301. Establishment of Congressional-Executive Commission on the 
                            People's Republic of China.
Sec. 302. Functions of the Commission.
Sec. 303. Membership of the Commission.
Sec. 304. Votes of the Commission.
Sec. 305. Expenditure of appropriations.
Sec. 306. Testimony of witnesses, production of evidence; issuance of 
                            subpoenas; administration of oaths.
Sec. 307. Appropriations for the Commission.
Sec. 308. Staff of the Commission.
Sec. 309. Printing and binding costs.
   TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF 
                        CHINA'S WTO COMMITMENTS

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

Sec. 401. Review within the WTO.
 Subtitle B--Authorization To Promote Compliance With Trade Agreements

Sec. 411. Findings.
Sec. 412. Purpose.
Sec. 413. Authorization of appropriations.
Subtitle C--Report on Compliance by the People's Republic of China With 
                            WTO Obligations

Sec. 421. Report on compliance.
TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

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

Sec. 501. Establishment of Task Force.
Sec. 502. Functions of Task Force.
Sec. 503. Composition of Task Force.
Sec. 504. Authorization of appropriations.
Sec. 505. Reports to Congress.
   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

Sec. 511. Establishment of technical assistance and rule of law 
                            programs.
Sec. 512. Administrative authorities.
Sec. 513. Prohibition relating to human rights abuses.
Sec. 514. Authorization of appropriations.
                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

Sec. 601. Accession of Taiwan to the WTO.
                       TITLE VII--RELATED ISSUES

Sec. 701. Authorizations of appropriations for broadcasting capital 
                            improvements and international broadcasting 
                            operations.

 DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                    TITLE I--NORMAL TRADE RELATIONS

SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE 
              TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Presidential Determinations and Extension of Nondiscriminatory 
Treatment.--Notwithstanding any provision of chapter 1 of title IV of 
the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as designated by 
section 3(a)(2) of this Act, the President may--
            (1) determine that such chapter should no longer apply to 
        the People's Republic of China; and
            (2) after making a determination under paragraph (1) with 
        respect to the People's Republic of China, proclaim the 
        extension of nondiscriminatory treatment (normal trade 
        relations treatment) to the products of that country.
    (b) Accession of the People's Republic of China to the World Trade 
Organization.--Prior to making the determination provided for in 
subsection (a)(1) and pursuant to the provisions of section 122 of the 
Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall 
transmit a report to Congress certifying that the terms and conditions 
for the accession of the People's Republic of China to the World Trade 
Organization are at least equivalent to those agreed between the United 
States and the People's Republic of China on November 15, 1999.

SEC. 102. EFFECTIVE DATE.

    (a) Effective Date of Nondiscriminatory Treatment.--The extension 
of nondiscriminatory treatment pursuant to section 101(a) shall be 
effective no earlier than the effective date of the accession of the 
People's Republic of China to the World Trade Organization.
    (b) Termination of Applicability of Title IV.--On and after the 
effective date under subsection (a) of the extension of 
nondiscriminatory treatment to the products of the People's Republic of 
China, chapter 1 of title IV of the Trade Act of 1974 (as designated by 
section 103(a)(2) of this Act) shall cease to apply to that country.

SEC. 103. RELIEF FROM MARKET DISRUPTION.

    (a) In General.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 
et seq.) is amended--
            (1) in the title heading, by striking ``CURRENTLY'';
            (2) by inserting before section 401 the following:

         ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES'';

        and
            (3) by adding at the end the following new chapter:

``CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION 
                  OF TRADE TO THE UNITED STATES MARKET

``SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION.

    ``(a) Presidential Action.--If a product of the People's Republic 
of China is being imported into the United States in such increased 
quantities or under such conditions as to cause or threaten to cause 
market disruption to the domestic producers of a like or directly 
competitive product, the President shall, in accordance with the 
provisions of this section, proclaim increased duties or other import 
restrictions with respect to such product, to the extent and for such 
period as the President considers necessary to prevent or remedy the 
market disruption.
    ``(b) Initiation of an Investigation.--(1) Upon the filing of a 
petition by an entity described in section 202(a) of the Trade Act of 
1974 (19 U.S.C. 2252(a)), upon the request of the President or the 
United States Trade Representative (in this subtitle referred to as the 
`Trade Representative'), upon resolution of either the Committee on 
Ways and Means of the House of Representatives, or the Committee on 
Finance of the Senate (in this subtitle referred to as the 
`Committees') or on its own motion, the United States International 
Trade Commission (in this subtitle referred to as the `Commission') 
shall promptly make an investigation to determine whether products of 
the People's Republic of China are being imported into the United 
States in such increased quantities or under such conditions as to 
cause or threaten to cause market disruption to the domestic producers 
of like or directly competitive products.
    ``(2) The limitations on investigations set forth in section 
202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply 
to investigations conducted under this section.
    ``(3) The provisions of subsections (a)(8) and (i) of section 202 
of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to 
treatment of confidential business information, shall apply to 
investigations conducted under this section.
    ``(4) Whenever a petition is filed, or a request or resolution is 
received, under this subsection, the Commission shall transmit a copy 
thereof to the President, the Trade Representative, the Committee on 
Ways and Means of the House of Representatives, and the Committee of 
Finance of the Senate, except that in the case of confidential business 
information, the copy may include only nonconfidential summaries of 
such information.
    ``(5) The Commission shall publish notice of the commencement of 
any proceeding under this subsection in the Federal Register and shall, 
within a reasonable time thereafter, hold public hearings at which the 
Commission shall afford interested parties an opportunity to be 
present, to present evidence, to respond to the presentations of other 
parties, and otherwise to be heard.
    ``(c) Market Disruption.--(1) For purposes of this section, market 
disruption exists whenever imports of an article like or directly 
competitive with an article produced by a domestic industry are 
increasing rapidly, either absolutely or relatively, so as to be a 
significant cause of material injury, or threat of material injury, to 
the domestic industry.
    ``(2) For purposes of paragraph (1), the term `significant cause' 
refers to a cause which contributes significantly to the material 
injury of the domestic industry, but need not be equal to or greater 
than any other cause.
    ``(d) Factors in Determination.--In determining whether market 
disruption exists, the Commission shall consider objective factors, 
including--
            ``(1) the volume of imports of the product which is the 
        subject of the investigation;
            ``(2) the effect of imports of such product on prices in 
        the United States for like or directly competitive articles; 
        and
            ``(3) the effect of imports of such product on the domestic 
        industry producing like or directly competitive articles.
The presence or absence of any factor under paragraph (1), (2), or (3) 
is not necessarily dispositive of whether market disruption exists.
    ``(e) Time for Commission Determinations.--The Commission shall 
make and transmit to the President and the Trade Representative its 
determination under subsection (b)(1) at the earliest practicable time, 
but in no case later than 60 days (or 90 days in the case of a petition 
requesting relief under subsection (i)) after the date on which the 
petition is filed, the request or resolution is received, or the motion 
is adopted, under subsection (b). If the Commissioners voting are 
equally divided with respect to its determination, then the 
determination agreed upon by either group of Commissioners may be 
considered by the President and the Trade Representative as the 
determination of the Commission.
    ``(f) Recommendations of Commission on Proposed Remedies.--If the 
Commission makes an affirmative determination under subsection (b), or 
a determination which the President or the Trade Representative may 
consider as affirmative under subsection (e), the Commission shall 
propose the amount of increase in, or imposition of, any duty or other 
import restrictions necessary to prevent or remedy the market 
disruption. Only those members of the Commission who agreed to the 
affirmative determination under subsection (b) are eligible to vote on 
the proposed action to prevent or remedy market disruption. Members of 
the Commission who did not agree to the affirmative determination may 
submit, in the report required under subsection (g), separate views 
regarding what action, if any, should be taken to prevent or remedy 
market disruption.
    ``(g) Report by Commission.--(1) Not later than 20 days after a 
determination under subsection (b) is made, the Commission shall submit 
a report to the President and the Trade Representative.
    ``(2) The Commission shall include in the report required under 
paragraph (1) the following:
            ``(A) The determination made under subsection (b) and an 
        explanation of the basis for the determination.
            ``(B) If the determination under subsection (b) is 
        affirmative, or may be considered by the President or the Trade 

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