22 U.S.C. § 6912 — Functions of the Commission

Page 1875 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6912 1 So in original. such governmental entity is entitled to re- ceive a majority of the profits. (3) Internationally recognized worker rights The term ‘‘internationally recognized work- er rights’’ has the meaning given that term in section 2467(4) of title 19 and includes the right to the elimination of the ‘‘worst forms of child labor’’, as defined in section 2467(6) of title 19. (4) Trade Representative The term ‘‘Trade Representative’’ means the United States Trade Representative. (5) WTO; World Trade Organization The terms ‘‘WTO’’ and ‘‘World Trade Organi- zation’’ mean the organization established pursuant to the WTO Agreement. (6) WTO Agreement The term ‘‘WTO Agreement’’ means the Agreement Establishing the World Trade Or- ganization entered into on April 15, 1994. (7) WTO member The term ‘‘WTO member’’ has the meaning given that term in section 3501(10) of title 19. (Pub. L. 106–286, div. B, title II, § 204, Oct. 10, 2000, 114 Stat. 894.) SUBCHAPTER II—CONGRESSIONAL-EXECU- TIVE COMMISSION ON THE PEOPLE’S RE- PUBLIC 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 ‘‘Commis- sion’’). (Pub. L. 106–286, div. B, title III, § 301, Oct. 10, 2000, 114 Stat. 895.) § 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 compli- ance with or violation of human rights, in par- ticular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, in- cluding, but not limited to, effectively afford- ing— (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 inter- ference by the government; (4) the right to liberty of movement and freedom to choose a residence within the Peo- ple’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 com- petent, 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 punish- ment for political opposition to the govern- ment; (9) freedom from incarceration as punish- ment for exercising or advocating human rights (including those described in this sec- tion); (10) freedom from arbitrary arrest, deten- tion, 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, de- tained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People’s Republic of China due to their pur- suit of the rights described in subsection (a). In compiling such lists, the Commission shall exer- cise 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 develop- ment of the rule of law in the People’s Republic of China, including, but not limited to— (1) progress toward the development of insti- tutions 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 devel- oped 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 stat- utes, regulations, rules, and other legal acts of the Government of the People’s Republic of China; (5) the extent to which individuals are treat- ed equally under the laws of the of the 1 Peo- Page 1876 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6913 ple’s Republic of China without regard to citi- zenship; (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 adminis- tered in ways that are consistent with inter- national human rights standards, including the requirements of the International Cov- enant 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 orga- nizations 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 organiza- tions In performing the functions described in sub- sections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organi- zations and evaluating such reports. (f) Cooperation with Special Coordinator In performing the functions described in sub- sections (a) through (d), the Commission shall cooperate with the Special Coordinator for Ti- betan 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, set- ting 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 legis- lative 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 ap- plied to or discrimination against persons ex- ercising 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 Re- public of China and the Dalai Lama or his rep- resentatives, 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 inter- ested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legis- lation in furtherance of such recommendations. If any such legislation is considered by the Com- mittee on International Relations within 45 days after receipt by the Congress of the report re- ferred 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 ex- tent that they are inconsistent therewith; and (B) with full recognition of the constitu- tional 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 appro- priate, in carrying out subsections (a) through (c). (Pub. L. 106–286, div. B, title III, § 302, Oct. 10, 2000, 114 Stat. 895; Pub. L. 107–228, div. A, title VI, § 615, Sept. 30, 2002, 116 Stat. 1396.) Editorial Notes AMENDMENTS 2002—Subsec. (h). Pub. L. 107–228 substituted ‘‘shall include—’’ for ‘‘shall include’’, inserted par. (1) designa- tion before ‘‘specific information’’, and added par. (2). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs 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 mem- bers as follows: (1) Nine Members of the House of Represent- atives appointed by the Speaker of the House of Representatives. Five members shall be se- lected from the majority party and four mem- bers shall be selected, after consultation with the minority leader of the House, from the mi- nority 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 major-