H.R.1890 - United States-China Act of 1993103rd Congress (1993-1994)
|Sponsor:||Rep. Pelosi, Nancy [D-CA-8] (Introduced 04/28/1993)|
|Committees:||House - Rules; Ways and Means|
|Latest Action:||House - 06/30/1993 Subcommittee Hearings Held. (All Actions)|
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Text: H.R.1890 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (04/28/1993)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 1890 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 1890 To extend to the People's Republic of China renewal of nondiscriminatory (most-favored-nation) treatment provided certain conditions are met. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 28, 1993 Ms. Pelosi (for herself, Mr. Gephardt, Mr. Bonior, Mr. Rose, Mr. Moakley, Mr. Gilman, Mr. Lewis of Georgia, Mr. Richardson, Mr. Stark, Mr. Cardin, Mr. Levin, Mr. Solomon, Mr. Abercrombie, Mr. Bacchus of Florida, Mr. Berman, Mr. Bilbray, Mrs. Clayton, Mr. Cooper, Mr. Cunningham, Mr. Dellums, Mr. Durbin, Mr. Foglietta, Mr. Frank of Massachusetts, Mr. Hefner, Mr. Kasich, Mr. Kennedy, Mr. Lantos, Mr. Markey, Mr. Martinez, Mr. Miller of California, Mr. Mineta, Mrs. Mink, Mr. Moran, Mr. Olver, Ms. Slaughter, Mr. Torricelli, Mr. Waxman, Ms. Woolsey, Mr. Wynn, Mr. Andrews of Maine, Mr. Barton of Texas, Mr. Gonzalez, Mr. Gordon, Mr. McCloskey, Mr. Rush, Mr. Serrano, Mrs. Unsoeld, Mr. Wolf, Mr. Hastings, and Mr. Rohrabacher) introduced the following bill; which was referred jointly to the Committees on Ways and Means, and Rules _______________________________________________________________________ A BILL To extend to the People's Republic of China renewal of nondiscriminatory (most-favored-nation) treatment provided certain conditions are met. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-China Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On June 4, 1989, thousands of Chinese citizens courageously demonstrated that they were prepared to risk their lives and futures in pursuit of democratic freedom and respect for human rights. (2) The People's Republic of China, as a member of the United Nations Security Council, is obligated to respect and uphold the United Nations Charter and Universal Declaration of Human Rights. (3) Despite the massive demonstration for self- determination and fundamental principles of human rights and despite the People's Republic of China's membership in the United Nations, the Government of the People's Republic of China continues to flagrantly violate internationally recognized standards of human rights, and engages in-- (A) torture and cruel, inhuman, or degrading treatment or punishment; (B) arbitrary arrest, unacknowledged detention without charges and trial, and jailing of persons solely for the nonviolent expression of their political views; and (C) use of prison labor to produce cheap products for export to countries, including the United States, in violation of international labor treaties and United States law. (4) The Government of the People's Republic of China continues to deny Chinese citizens and others, who have supported the prodemocracy movement, the right of free emigration despite having pledged to do so in 1991. (5) The Government of the People's Republic of China continues to use military and police forces to intimidate and repress the Tibetan people who are seeking political and religious freedom and continues to violate the human rights of the Tibetan people, including the provisions of the Fourth Geneva Convention, by forcing and encouraging the resettlement of large numbers of Chinese in Tibet, which is threatening the survival of the Tibetan culture. (6) The Government of the People's Republic of China continues to engage in unfair trade practices against the United States by raising tariffs, employing taxes as a surcharge on tariffs, using discriminatory customs rates, imposing import quotas and other quantitative restrictions, barring the importation of certain items, using licensing and testing requirements to limit imports, and falsifying country of origin documentation to transship textiles and other items to the United States through Hong Kong and third countries. (7) Although the Government of the People's Republic of China has pledged to adhere to the guidelines and parameters of the Missile Technology Control Regime, there are continuing reports of Chinese transfers of military technology covered by such Regime to the Middle East, Africa, and Asia. (8) The Government of the People's Republic of China continues to unjustly restrict and imprison religious leaders and members of religious groups who do not adhere to the dogma and control of state-sponsored religious organizations. (9) It is the policy and practice of the Government of the People's Republic of China's Communist Party to control all trade unions and suppress and harass members of the independent labor union movement. (10) The Government of the People's Republic of China continues to harass and restrict the activities of accredited journalists and to restrict broadcasts by the Voice of America. SEC. 3. MINIMUM STANDARDS WHICH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA MUST MEET TO CONTINUE TO RECEIVE NONDISCRIMINATORY MOST-FAVORED-NATION TREATMENT. Notwithstanding any other provisions of law, the President may not recommend continuation of a waiver for the 12-month period beginning July 3, 1994, under section 402(d) of the Trade Act of 1974 (19 U.S.C. 2432(d)) for the People's Republic of China, unless the President reports in the document required to be submitted by such section that the government of that country-- (1) has taken appropriate actions to begin adhering to the provisions of the Universal Declaration of Human Rights in China and Tibet; (2) is allowing unrestricted emigration of the citizens who desire to leave China for reasons of political or religious persecution to join family members abroad, or for other valid reasons; (3) has provided an acceptable accounting for and release of Chinese citizens detained, accused, or sentenced as a result of the nonviolent expression of their political beliefs in relation to events which occurred during and after the violent repression of demonstrations in Tiananmen Square on June 4, 1989, and has provided an acceptable accounting for and release of other citizens detained, accused, or sentenced for the nonviolent expression of their political beliefs or for peacefully exercising their internationally guaranteed rights of freedom of speech, association, and assembly; (4) has taken effective, verifiable action to prevent export of products to the United States manufactured wholly or in part by convict, forced, or indentured labor and has complied with the terms of the Memorandum of Understanding signed on August 7, 1992, by allowing, without limitation or restriction, United States Customs officials to visit places suspected of producing such goods for export; and (5) has made overall significant progress in-- (A) ceasing religious persecution and lifting restrictions on freedom of religious belief in the People's Republic of China and Tibet and ceasing to threaten the survival of the Tibetan culture; (B) releasing leaders and members of religious groups detained, imprisoned, or under house arrest for expression of their religious beliefs; (C) ceasing unfair and discriminatory trade practices which restrict and unreasonably burden American business; (D) providing United States exporters fair access to Chinese markets, including lowering tariffs, removing nontariff barriers, and increasing the purchase of United States goods and services; (E) adhering to the guidelines and parameters of the Missile Technology Control Regime and the controls adopted by the Nuclear Suppliers Group and the Australian Group on Chemical and Biological Arms; (F) adhering to the Joint Declaration on Hong Kong that was entered into between the United Kingdom and the People's Republic of China; (G) cooperating with United States efforts to obtain an acceptable accounting of United States military personnel who are listed as prisoners of war or missing in action as a result of their service in-- (i) the Korean conflict; or (ii) the Vietnam conflict; (H) ceasing the jamming of Voice of America broadcasts; and (I) providing international human rights and humanitarian groups access to prisoners, trials, and places of detention. SEC. 4. REPORT BY THE PRESIDENT. If the President recommends in 1994 that the waiver referred to in section 3 be continued for the People's Republic of China, the President shall state in the document required to be submitted to the Congress by section 402(d) of the Trade Act of 1974, the extent to which the Government of the People's Republic of China has complied with the provisions of section 3, during the period covered by the document. SEC. 5. NONDISCRIMINATORY TREATMENT FOR PRODUCTS FROM NONSTATE-OWNED ENTERPRISES. (a) In General.--Notwithstanding any other provisions of law, if nondiscriminatory treatment is not granted to the People's Republic of China by reason of the occurrence of an event described in subsection (b), nondiscriminatory treatment shall-- (1) continue to apply to any good that is produced or manufactured by a person that is not a state-owned enterprise of the People's Republic of China, but (2) not apply to any such good that is marketed or otherwise exported by a state-owned enterprise of the People's Republic of China. Nondiscriminatory treatment under this section shall be in effect for the same period of time the waiver referred to in section 3 would have been effective had it taken effect. (b) Events.--An event described in this subsection means-- (1) the President fails to request the waiver referred to in section 3 and reports to the Congress that such failure was a result of the President's inability to report that the People's Republic of China has met the standards described in such section; or (2) the President requests the waiver referred to in section 3, but a disapproval resolution described in subsection (c)(1) is enacted into law. (c) Disapproval Resolution.-- (1) In general.--For purposes of this section, the term ``resolution'' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ``That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ________________ with respect to the People's Republic of China because the Congress does not agree that the People's Republic of China has met the standards described in section 3 of the United States-China Act of 1993'', with the blank space being filled with the appropriate date. (2) Applicable rules.--The provisions of sections 153 (other than paragraphs (3) and (4) of subsection (b) of such section) and 402(d)(2) (as modified by this subsection) of the Trade Act of 1974 shall apply to a resolution described in paragraph (1). (d) Determination of Duty Status of Enterprises.-- (1) In general.--Subject to paragraph (2), the Secretary of the Treasury shall determine which persons are state-owned enterprises of the People's Republic of China for purposes of this Act and compile and maintain a list of such persons. (2) Definitions and special rules.--For purposes of making the determination required by paragraph (1), the following definitions apply: (A)(i) The term ``state-owned enterprise of the People's Republic of China'' means a person affiliated with or wholly owned, controlled, or subsidized by the Government of the People's Republic of China and whose means of production, products, and revenues are owned or controlled by a central or provincial government authority. A person shall be considered to be state- owned if-- (I) the person's assets are primarily owned by a central or provincial government authority; (II) a substantial proportion of the person's profits are required to be submitted to a central or provincial government authority; (III) the person's production, purchases of inputs, and sales of output, in whole or in part, are subject to state, sectoral, or regional plans; or (IV) a license issued by a government authority classifies the person as state-owned. (ii) Any person that-- (I) is a qualified foreign joint venture or is licensed by a governmental authority as a collective, cooperative, or private enterprise; or (II) is wholly owned by a foreign person, shall not be considered to be state-owned. (B) The term ``qualified foreign joint venture'' means any person-- (i) which is registered and licensed in the agency or department of the Government of the People's Republic of China concerned with foreign economic relations and trade as an equity, cooperative, contractual joint venture, or joint stock company with foreign investment; (ii) in which the foreign investor partner and a person of the People's Republic of China share profits and losses and jointly manage the venture; (iii) in which the foreign investor partner holds or controls at least 25 percent of the investment and the foreign investor partner is not substantially owned or controlled by a state-owned enterprise of the People's Republic of China; (iv) in which the foreign investor partner is not a person of a country the government of which the Secretary of State has determined under section 6(j) of the Export Administration Act of 1979 to have repeatedly provided support for acts of international terrorism; and (v) which does not use state-owned enterprises of the People's Republic of China to export its goods or services. (C) The term ``person'' means a natural person, corporation, partnership, enterprise, instrumentality, agency, or other entity. (D) The term ``foreign investor partner'' means-- (i) a natural person who is not a citizen of the People's Republic of China; and (ii) a corporation, partnership, instrumentality, enterprise, agency, or other entity that is organized under the laws of a country other than the People's Republic of China and 50 percent or more of the outstanding capital stock or beneficial interest of such entity is owned (directly or indirectly) by natural persons who are not citizens of the People's Republic of China. (e) Petition for Change in Duty Status.--Any person who believes that a person should be included on or excluded from the list compiled by the Secretary under subsection (d)(1) may request that the Secretary review the status of such person. SEC. 6. EFFECT OF GATT ENTRY ON MFN STATUS. Notwithstanding the entry of the People's Republic of China into the General Agreement on Tariffs and Trade, most-favored-nation treatment shall not be automatically conferred on the products of the People's Republic of China unless the People's Republic of China satisfies the standards described in section 3 and complies with section 402 of the Trade Act of 1974 (19 U.S.C. 2432). SEC. 7. SANCTIONS BY OTHER COUNTRIES. If the President decides not to seek a continuation of a waiver in 1994 under section 402(d) of the Trade Act of 1974 for the People's Republic of China, the President shall, during the 30-day period beginning on the date that the President would have recommended to the Congress that such a waiver be continued, undertake efforts to ensure that members of the General Agreement on Tariffs and Trade take similar action with respect to the People's Republic of China. SEC. 8. DEFINITIONS. For purposes of this Act: (1) Detained and imprisoned.--The terms ``detained'' and ``imprisoned'' include, but are not limited to, incarceration in prisons, jails, labor reform camps, labor reeducation camps, and local police detention centers. (2) Acceptable accounting.--The term ``acceptable accounting'' includes-- (A) providing information regarding the location of any person being held, (B) the legal status of such person, (C) if convicted, the sentence of such person, and (D) if released, when and with what restrictions. (3) Convict, forced, or indentured labor.--The term ``convict, forced, or indentured labor'' has the meaning given such term by section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (4) Violations of internationally recognized standards of human rights.--The term ``violations of internationally recognized standards of human rights'' includes, but is not limited to, torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, secret judicial proceedings, and other flagrant denial of the right to life, liberty, or the security of any person. (5) Missile technology control regime.--The term ``Missile Technology Control Regime'' means the agreement, as amended, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile- relevant transfers based on an annex of missile equipment and technology. (6) Significant progress.--(A) The term ``significant progress'' in section 3, means the implementation of measures that will meaningfully reduce, or lead to the end of, the practices identified in such section. (B) With regard to section 3(5)(E), progress may not be determined to be ``significant progress'' if, after the date of the enactment of this Act, the President determines that the People's Republic of China has transferred-- (i) ballistic missiles or missile launchers for the M-9 or M-11 weapons systems to Syria, Pakistan, or Iran; or (ii) material, equipment, or technology that would contribute significantly to the manufacture of a nuclear explosive device to another country and that the material, equipment, or technology is to be used by such country in the manufacture of such device. <all> HR 1890 IH----2