§ 6912. — Functions of the Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6912]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 77--UNITED STATES-CHINA RELATIONS
SUBCHAPTER II--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S
REPUBLIC OF CHINA
Sec. 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) of this
section. In compiling such lists, the Commission shall exercise
appropriate discretion, including concerns regarding the safety and
security of, and benefit to, the persons who may be included on the
lists and their families.
(c) Monitoring development of rule of law
The Commission shall monitor the development of the rule of law in
the 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;
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\1\ So in original.
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(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) of this section; 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)
of this section, the Commission shall, as appropriate, seek out and
maintain contacts with nongovernmental organizations, including
receiving reports and updates from such organizations and evaluating
such reports.
(f) Cooperation with Special Coordinator
In performing the functions described in subsections (a) through (d)
of this section, the Commission shall cooperate with the Special
Coordinator for Tibetan Issues in the Department of State.
(g) Annual reports
The Commission shall issue a report to the President and the
Congress not later than 12 months after October 10, 2000, and not later
than the end of each 12-month period thereafter, setting forth the
findings of the Commission during the preceding 12-month period, in
carrying out subsections (a) through (c) of this section. The
Commission's report may contain recommendations for legislative or
executive action.
(h) Specific information in annual reports
The Commission's report under subsection (g) of this section shall
include--
(1) specific information as to the nature and implementation of
laws or policies concerning the rights set forth in paragraphs (1)
through (12) of subsection (a) of this section, and as to
restrictions applied to or discrimination against persons exercising
any of the rights set forth in such paragraphs; and
(2) a description of the status of negotiations between the
Government of the 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) of this section,
hold hearings on the contents of the report, including any
recommendations contained therein, for the purpose of receiving
testimony from Members of Congress, and such appropriate representatives
of Federal departments and agencies, and interested persons and groups,
as the committee deems advisable, with a view to reporting to the House
of Representatives any appropriate legislation in furtherance of such
recommendations. If any such legislation is considered by the Committee
on International Relations within 45 days after receipt by the Congress
of the report referred to in subsection (g) of this section, it shall be
reported by the committee not later than 60 days after receipt by the
Congress of such report.
(2) The provisions of paragraph (1) are enacted by the Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such are deemed a part of the rules of the
House, and they supersede other rules only to the extent that they
are inconsistent therewith; and
(B) with full recognition of the constitutional right of the
House to change the rules (so far as relating to the procedure of
the House) at any time, in the same manner and to the same extent as
in the case of any other rule of the House.
(j) Supplemental reports
The Commission may submit to the President and the Congress reports
that supplement the reports described in subsection (g) of this section,
as appropriate, in carrying out subsections (a) through (c) of this
section.
(Pub. L. 106-286, div. B, title III, Sec. 302, Oct. 10, 2000, 114 Stat.
895; Pub. L. 107-228, div. A, title VI, Sec. 615, Sept. 30, 2002, 116
Stat. 1396.)
Amendments
2002--Subsec. (h). Pub. L. 107-228 substituted ``shall include--''
for ``shall include'', inserted par. (1) designation before ``specific
information'', and added par. (2).
