[House Document 104-82]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-82


 
    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, PURSUANT TO 19 U.S.C. 2432 (c), (d)




June 6, 1995.--Referred to the Committee on Ways and Means and ordered 
                             to be printed
                         LETTER OF TRANSMITTAL

                              ----------                              

                                           The White House,
                                          Washington, June 2, 1995.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby submit 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 12 months beginning July 3, 1995, will 
substantially promote the objectives of section 402, I have 
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 12 months. In FY-1994, 20,891 U.S. immigrant 
visas were issued to Chinese nationals abroad, down about 18 
percent from FY-1993. The numerical limitation under U.S. law 
for immigrants from China was fully subscribed. The figure of 
20,891 includes only immigrant visas issued at U.S. consular 
offices abroad, and does not take into account adjustments of 
status at INS offices in the United States. During FY-1994, the 
decrease in immigrant visa issuances was due mainly to a much 
increased use of visa numbers at INS offices for adjustments of 
status by spouses and children of Chinese Student Protection 
Act (CSPA) beneficiaries.
    In FY-1994, 115,660 U.S. visas were issued worldwide to 
tourists and business visitors from China, an approximate 12 
percent decrease from the FY-1993 total of 131,261. The number 
of nonimmigrant business and combination business/tourist visas 
issued to Chinese nationals decreased by almost 20 percent in 
FY-1994 (from 109,725 to 88,131), while the number of tourist 
visas increased by almost 28 percent (from 21,536 to 27,529). A 
decline in issuances does not reflect a decline in 
applications, which have steadily increased since late in the 
summer of 1994. There has been an increase of between 25 and 30 
percent in applications in the last 7 months of 1994 over those 
of the same period in 1993.
    Also in FY-1994, 18,955 student visas (including exchange 
student visas) were issued, down from the FY-1993 total of 
19,973. The slight downturn in issuances is attributable in 
part to more scrutiny of sources of private funding, buttressed 
by greater anti-fraud activity, and a decreasing amount of 
institutional funding available.
    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.
                                           The White House,
                                          Washington, June 2, 1995.

                 [Presidential Determination No. 95-23]

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 the 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.