View all text of Subchapter II [§ 6911 - § 6919]
§ 6912. Functions of the Commission
(a) Monitoring compliance with human rightsThe 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
(c) Monitoring development of rule of lawThe 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
1 So in original.
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 cooperationThe 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
(f) Cooperation with Special Coordinator
(g) Annual reports
(h) Specific information in annual reportsThe 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
(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.)