§ 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—
(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;
(9)
freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section);
(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—
(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;
(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—
(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
(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.
(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.
[1] So in original.