[House Document 104-223]
[From the U.S. Government Publishing Office]




104th Congress, 2d Session - - - - - - - - - - House Document 104-223


 
   EXTENSION OF WAIVER AUTHORITY FOR THE PEOPLE'S REPUBLIC OF CHINA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION OF HIS DETERMINATION THAT A CONTINUATION OF A WAIVER 
      CURRENTLY IN EFFECT FOR THE PEOPLE'S REPUBLIC OF CHINA WILL 
SUBSTANTIALLY PROMOTE THE OBJECTIVES OF SECTION 402 OF THE TRADE ACT OF 
   1974--RECEIVED IN THE U.S. HOUSE OF REPRESENTATIVES MAY 31, 1996, 
                 PURSUANT TO 19 U.S.C. 2432 (c) AND (d)




June 4, 1996.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                                           The White House,
                                          Washington, May 31, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby transmit the document referred 
to in subsection 402(d)(1) of the Trade Act of 1974, as amended 
(the ``Act''), with respect to the continuation of a waiver of 
application of subsections (a) and (b) of section 402 of the 
Act to the People's Republic of China. This document 
constitutes my recommendation to continue in effect this waiver 
for a further 12-month period and includes my reasons for 
determining that continuation of the waiver currently in effect 
for the People's Republic of China will substantially promote 
the objectives of section 402 of the Act, and my determination 
to that effect.
            Sincerely,
                                                William J. Clinton.
Report to the Congress Concerning the Extension of Waiver Authority for 
                     the People's Republic of China

    Pursuant to subsection 402(d)(1) of the Trade Act of 1974 
(hereinafter ``the Act''), as amended, having determined that 
further extension of the waiver authority granted by subsection 
402(c) of the Act for twelve months will substantially promote 
the objectives of section 402, I have today determined that 
continuation of the waiver currently applicable to China will 
also substantially promote the objectives of section 402 of the 
Act. My determination is attached and incorporated herein.

                  freedom of emigration determination

    China's relatively free emigration policies have continued 
during the past twelve months. In FY 95, 24,448 U.S. immigrant 
visas were issued to Chinese nationals abroad, an increase of 
about 17 percent from FY 94. The numerical limitation under 
U.S. law for immigrants from China was fully subscribed in some 
categories and about 80 percent subscribed overall. The figure 
of 24,448 includes only immigrant visas issued at U.S. consular 
offices abroad; it does not take into account adjustments of 
status at INS offices in the United States.
    In FY 95, 150,297 U.S. visas were issued worldwide to 
tourists and business visitors from China, a 30 percent 
increase from the FY 94 total of 115,660. The number of 
nonimmigrant business and combination business/tourist visas 
issued to Chinese nationals increased by 33 percent in FY 95 
(from 88,131 to 117,289), while the number of the tourist visas 
increased by 20 percent (from 27,529 to 33,008).
    Also in FY 95, 21,119 student visas (including exchange 
student visas) were issued, an 11 percent increase from the FY 
94 total of 18,955. This occurred despite tighter scrutiny of 
sources of private funding, buttressed by greater anti-fraud 
activity, and decreasing and availability of institutional 
funding.
    The higher volume of visas issued in these categories 
generally reflects the overall 22 percent increase in 
nonimmigrant visa applications (including issuances and 
refusals) at U.S. consular offices in China in FY 95 from FY 94 
levels (177,961 to 217,856)
    The principal restraint on increased emigration continues 
to be the capacity and willingness of other nations to absorb 
Chinese immigrants, rather than Chinese policy. After 
considering all the relevant information, I have concluded that 
continuing the waiver will preserve the gains already achieved 
on freedom of emigration and encourage further progress.
                  Presidential Determination No. 96-29

                                           The White House,
                                          Washington, May 31, 1996.
Memorandum for the Secretary of State
Subject: Determination Under Subsection 402(d)(1) of the Trade Act of 
        1974, as Amended--Continuation of Waiver Authority

    Pursuant to the authority vested in me under the Trade Act 
of 1974, as amended, Public Law 93-618, 88 Stat. 1978 
(hereinafter ``the Act''), I determine, pursuant to subsection 
402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further 
extension of the waiver authority granted by subsection 402(c) 
of the Act will substantially promote the objectives of section 
402 of the Act. I further determine that continuation of the 
waiver applicable to the People's Republic of China will 
substantially promote the objectives of section 402 of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                William J. Clinton.

                                
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