Home > 106th Congressional Bills > H.R. 4444 (rh) To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China. [Reported in House] ...H.R. 4444 (rh) To authorize extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China. [Reported in House] ...
Calendar No. 575
106th CONGRESS
2d Session
H. R. 4444
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2000
Received; read twice and placed on the calendar
_______________________________________________________________________
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
Representative as affirmative under subsection (e), the
recommendations of the Commission on proposed remedies under
subsection (f) and an explanation of the basis for each
recommendation.
``(C) Any dissenting or separate views by members of the
Commission regarding the determination and any recommendation
referred to in subparagraphs (A) and (B).
``(D) A description of--
``(i) the short- and long-term effects that
implementation of the action recommended under
subsection (f) is likely to have on the petitioning
domestic industry, on other domestic industries, and on
consumers; and
``(ii) the short- and long-term effects of not
taking the recommended action on the petitioning
domestic industry, its workers, and the communities
where production facilities of such industry are
located, and on other domestic industries.
``(3) The Commission, after submitting a report to the President
under paragraph (1), shall promptly make it available to the public
(but shall not include confidential business information) and cause a
summary thereof to be published in the Federal Register.
``(h) Opportunity To Present Views and Evidence on Proposed Measure
and Recommendation to the President.--(1) Within 20 days after receipt
of the Commission's report under subsection (g) (or 15 days in the case
of an affirmative preliminary determination under subsection
(i)(1)(B)), the Trade Representative shall publish in the Federal
Register notice of any measure proposed by the Trade Representative to
be taken pursuant to subsection (a) and of the opportunity, including a
public hearing, if requested, for importers, exporters, and other
interested parties to submit their views and evidence on the
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