[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4590 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4590


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 10 (legislative day, August 8), 1994

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
Concerning United States efforts to promote respect for internationally 
                   recognized human rights in China.

    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 Policy Act of 
1994''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economic, social, political, and cultural welfare 
        of the people of China, who constitute one-fifth of the world's 
        population, is a matter of global humanitarian concern.
            (2) By virtue of its size, its economic vitality, its 
        status as a nuclear power, and its role as a permanent member 
        of the United Nations Security Council, China plays a 
        significant role in world affairs.
            (3) The United States policy toward China involves 
        balancing multiple interests, including promoting human rights 
        and democracy, securing China's strategic cooperation in Asia 
        and the United Nations, protecting United States national 
        security interests, controlling the proliferation of weapons of 
        mass destruction, promoting a peaceful and democratic 
        transition in Hong Kong, and expanding United States economic 
        contact with China.
            (4) United States policy toward China must include as a key 
        objective the promotion of internationally recognized human 
        rights. Specific priorities and methods should be appropriate 
        to the circumstances. Engagement with China rather than its 
        isolation is more likely to foster United States interests.
            (5) The opening of China to the West, the adoption of free 
        market economic reforms, the emergence of a strong and 
        entrepreneurial economy that ensures the rise of a Chinese 
        middle class; all have led to expanded individual freedom, a 
        weakening of state control over personal expression, access to 
        the media in the United States, Hong Kong, and the West, and 
        major improvements in living standards for the Chinese people.
            (6) United States policies that encourage economic 
        liberalization and increased contact with the United States and 
        other democracies foster respect for internationally recognized 
        human rights and can contribute to civil and political reform 
        in China.
            (7) The President's policy statement of May 26, 1994, 
        provides a sound framework for expanding and extending the 
        relationship of the United States with China while continuing 
        the commitment of the United States to its historic values. The 
        United States must develop a comprehensive and coherent policy 
        toward China that addresses the complex and fast-changing 
        reality in that country and promotes simultaneously the human 
        rights, diplomatic, economic, and security interests of the 
        United States toward China.
            (8) The United States has an interest in a strong, stable, 
        prosperous, and open China whose government contributes to 
        international peace and security and whose actions are 
        consistent with the responsibilities of great power status. 
        Whether those expectations are met will determine the breadth, 
        depth, and tone of the United States-China bilateral 
        relationship.
            (9) Peace and economic progress in East Asia is best 
        assured through a web of cooperative relations among the 
        countries of the region, including China and the United States. 
        The emergence of a militarily powerful China that seeks to 
        dominate East Asia would be regarded as a matter of serious 
        concern by the United States and by other countries in the 
        Asia-Pacific region.
            (10) Yet China's performance has been uneven on a number of 
        issues of concern to the United States. In particular, the 
        Chinese Government has failed to observe internationally 
        recognized human rights. In this regard the Congress makes the 
        following declarations:
                    (A) The Chinese Government itself has made 
                commitments to observe universal human rights norms.
                    (B) Human rights have universal application and are 
                not solely defined by culture or history.
                    (C) Chinese policies of particular concern to the 
                United States are the criminalization of dissent, the 
                inhumane treatment in prisons, and the serious 
                repression in non-Han-Chinese areas like Tibet.
            (11) Genuine political stability in China and greater 
        respect for internationally recognized human rights, as well as 
        continued economic growth and stability, will only occur in 
        China as a result of a strengthened legal system (based on the 
        rule of law and property rights), the emergence of a civil 
        society, and the creation of political institutions that are 
        responsive to public opinion and the interests of social 
        groups.
            (12) China has entered a major transition in its political 
        history which will determine the nature of the domestic system, 
        including respect for internationally recognized human rights, 
        and the Chinese Government's foreign policy. The Chinese 
        Government should accelerate the process of reform of all 
        aspects of Chinese society.
            (13) Existing official bilateral and multilateral 
        institutions provide useful venues for engagement with China 
        concerning the rule of law, civil society, respect for 
        internationally recognized human rights, and political 
        institutions that provide humane and effective governance.
            (14) American nongovernmental and business organizations, 
        in their various forms of engagement in China, have contributed 
        in that country to the initial emergence of civil society, the 
        strengthening of the legal system, and the expansion of 
        economic autonomy.

SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY.

    Congress affirms the President's policy and makes the following 
recommendations for the conduct of United States policy toward China:
            (1) The United States should continue a steady and 
        comprehensive policy of pressing for increased Chinese 
        adherence to international norms, especially those concerning 
        internationally recognized human rights.
            (2) Of particular concern to the United States are the 
        following:
                    (A) The accounting and release of political 
                prisoners.
                    (B) Access to Chinese prisoners by international 
                humanitarian organizations.
                    (C) Negotiations between the Chinese Government and 
                the Dalai Lama on Tibetan issues.
            (3) The official dialogue with the Chinese Government on 
        human rights issues should continue and be intensified.
            (4) As he considers appropriate, the President should use 
        other available modes of official interaction with China to 
        pursue initiatives that are relevant to promoting increased 
        respect for human rights in China.
            (5) The United States should expand broadcasting to China, 
        through the Voice of America and Radio Free Asia.
            (6) The United States should work through available 
        multilateral fora, such as the United Nations Human Rights 
        Commission, to express concerns about human rights in China and 
        to encourage Chinese adherence to, and compliance with, 
        international human rights instruments. At all appropriate 
        times, the United States should work toward and support joint 
        actions to address significant problems. In particular, the 
        United States should seek to secure the participation of other 
        governments in overtures to secure the accounting and release 
        of political prisoners, to encourage access to Chinese 
        prisoners by international humanitarian organizations and 
        negotiations between the Chinese Government and the Dalai Lama.
            (7) Where possible, the United States should take further 
        steps to foster in China the rule of law, the creation of a 
        civic society, and the emergence of institutions that provide 
        humane and effective governance.
            (8) To better carry out the recommendation in paragraph 
        (7), the Secretary of State should encourage United States 
        posts in China to increase reporting on the human rights 
        situation, the rule of law, civil society, and other political 
        developments in China, and to increase appropriate contacts 
        with domestic nongovernmental organizations.
            (9) United States non-governmental organizations should 
        continue and expand activities that encourage the rule of law, 
        the emergence of a civic society, and the creation of 
        institutions that provide humane and effective governance.
            (10) When considering the termination of the suspensions of 
        United States Government activities enacted in section 902(a) 
        of the Foreign Relations Authorization Act, Fiscal Years 1990 
        and 1991, the President should explore whether such 
        terminations could be used to elicit specific steps by the 
        Chinese government to enhance respect for internationally 
        recognized human rights or correct abuses of such rights.

SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN 
              CHINA.

    (a) Statement of Policy.--Concerning the promotion of human rights 
in China, it shall be the policy of the United States to promote the 
following objectives:
            (1) An effective legal system, based on the rule of law.
            (2) Respect for internationally recognized human rights.
            (3) The emergence of civil society.
            (4) The creation of institutions that provide humane and 
        effective governance.
    (b) Factors.--In determining how to carry out the objectives stated 
in subsection (a), the President should consider the following factors:
            (1) The circumstances under which it is appropriate to 
        provide support to organizations and individuals in China.
            (2) The circumstances under which it is appropriate to 
        provide financial support, including through the following 
        means:
                    (A) Directly by the United States Government.
                    (B) Through United States nongovernmental 
                organizations which have established a sound record in 
                China.
            (3) The extent to which the objectives of subsection (a) 
        should be promoted through exchanges, technical assistance, 
        grants to organizations, and scholarships for advanced study in 
        the United States.
            (4) How to assure accountability for funds provided by the 
        United States Government.
    (c) Authorization of Appropriations for Fiscal Year 1995.--
            (1) Of the amounts authorized to be appropriated for 
        education and cultural exchange programs of the United States 
        Information Agency for fiscal year 1995, up to $1,000,000 is 
        authorized to be available for programs to carry out the 
        objectives of subsection (a).
            (2) In addition to such amounts as may otherwise be made 
        available for broadcasting to China for fiscal year 1995, of 
        the amounts authorized to be appropriated for international 
        broadcasting for fiscal year 1995, an additional $5,000,000 may 
        be used for broadcasting to China .

SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.

    It is the sense of Congress that, in the event that international 
humanitarian organizations undertake activities in China related to the 
treatment of prisoners, the President should make available an 
additional contribution to those organizations to support such 
activities.

SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS 
              IN CHINA.

    (a) In General.--Congress endorses President Clinton's efforts to 
work with the leaders of the United States business community to 
develop voluntary principles that could be adapted by United States 
companies doing business in China to further advance human rights and 
commends United States companies that have previously adopted such 
principles or are considering taking such action.
    (b) Other Countries.--Congress urges the President to encourage 
other governments to adopt similar principles to govern the activities 
of their business organizations with activities in China.

SEC. 7. PERIODIC REPORTS.

    Not more than 180 days after the date of the enactment of this Act 
and annually for the 2 subsequent years, the President shall submit to 
the Speaker of the House of Representatives and the Chairman of the 
Committee on Foreign Relations of the Senate, a report (in a classified 
form in whole or in part as necessary) which reviews for the preceding 
12-month period those activities supported by the United States 
Government to promote the objectives stated in section 4(a).

SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.

    The President is authorized to establish a United States commission 
on law and society in the People's Republic of China to undertake the 
following responsibilities and such other duties as the President 
considers appropriate:
            (1) To monitor developments in China with respect to the 
        following:
                    (A) The development of the Chinese legal system.
                    (B) The emergence of civil society.
                    (C) The development of institutions that provide 
                humane and effective governance.
            (2) To engage in an ad hoc dialogue with Chinese 
        individuals and nongovernmental organizations who have an 
        interest in the subjects indicated in paragraph (1).
            (3) To report to the President and to the Congress the 
        commission's findings regarding the subjects identified in 
        paragraph (1) and its discussions with Chinese individuals and 
        organizations concerning those subjects.
            (4) To make recommendations to the President on United 
        States policy toward China in promoting the objectives 
        identified in section 4(a).
            (5) To assess and report to the President and the Congress 
        on whether the creation of a United States-China Commission on 
        Law and Society would contribute to the objectives identified 
        in section 4(a).

            Passed the House of Representatives August 9, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.