[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[Senate]
[Pages S9224-S9225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS (for himself and Mr. Smith of Oregon):
  S. 1430. A bill to set forth the policy of the United States with 
respect to Macau, and for other purposes; to the Committee on Foreign 
Relations.


               the united states-macau policy act of 1999

  Mr. THOMAS. Mr. President, as the chairman of the Subcommittee on 
East Asian and Pacific Affairs, I rise to introduce S. 1430, the United 
States-Macau policy Act of 1999. I ask unanimous consent that the text 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1430

       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--Macau Policy 
     Act of 1999''.

     SEC. 2 FINDINGS AND DECLARATIONS.

       The Congress makes the following findings and declarations`
       (1) The Congress recognizes that under the Joint 
     Declaration of the Government of the People's Republic of 
     China and the Government of the Republic of Portugal on the 
     Question of Macau, dated April 13, 1987--
       (A) the People's Republic of China and the Republic of 
     Portugal have agreed that the People's Republic of China will 
     resume the exercise of sovereignty over Macau on December 20, 
     1999, and until that time, Portugal will be responsible for 
     the continuing administration of Macau;
       (B) the People's Republic of China has guaranteed that, on 
     and after December 20, 1999, the Macau Special Administrative 
     Region of the People's Republic of China, will continue to 
     enjoy a high degree of autonomy on all matters other than 
     defense and foreign affairs;
       (C) the People's Republic of China will implement a ``one 
     country, two systems'' policy with respect to Macau, under 
     which Macau will retain its current legal, social, and 
     economic systems until at least the year 2049;
       (D) provision is made for the continuation in force of 
     bilateral and multilateral agreements implemented as of 
     December 20, 1999, and for the ability of the Macau Special 
     Administrative Region to conclude new agreements.
       (2) The Congress supports the full and complete 
     implementation of the provisions of the Joint Declaration.
       (3) The Congress supports the policies and objectives set 
     forth in the Joint Declaration.
       (4) It is the sense of the Congress that--
       (A) continued economic prosperity in Macau furthers United 
     States interests in Asia and in our relationship with the 
     People's Republic of China;
       (B)(i) support for principles of democracy is a fundamental 
     tenent of United States foreign policy, and as such, will 
     also play a central role in United States policy toward 
     Macau, now and after December 19, 1999; and
       (ii) safeguarding the human rights of the people of Macau 
     is of great importance to the United States and is directly 
     relevant to United States interests in Macau;
       (iii) a fully successful transition in the exercise of 
     sovereignty over Macau must safeguard those human rights; and
       (iv) human rights also serve as a basis for Macau's 
     continued economic prosperity.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) prior to December 20, 1999, the term ``Macau'' means 
     the Portuguese Dependent Territory of Macau, and on and after 
     December 20, 1999, the term ``Macau'' means the Macau 
     Special Administration Region of the People's Republic of 
     China;
       (2) the term ``Joint Declaration'' means the Joint 
     Declaration of the Government of the People's Republic of 
     China and the Government of the Republic of Portugal on the 
     Question of Macau, dated April 13, 1987; and
       (3) the term ``laws of the United States'' means provisions 
     of law enacted by the Congress.

                            TITLE I--POLICY

     SEC. 101. SENSE OF CONGRESS.

       It is the sense of the Congress that--
       (1) the United States should play an active role before, 
     on, and after December 20, 1999, in assisting Macau in 
     maintaining its confidence and prosperity, its unique 
     cultural heritage, and the mutually beneficial ties between 
     the people of the United States and the people of Macau; and
       (2) through its policies, the United States should assist 
     Macau in maintaining a high degree of autonomy in matters 
     other than defense and foreign affairs as guaranteed by the 
     People's Republic of China and the Republic of Portugal in 
     the Joint Declaration, particularly with respect to such 
     matters as trade, commerce, law enforcement, finance, 
     monetary policy, aviation, shipping, communications, tourism, 
     cultural affairs, sports, and participation in international 
     organizations, consistent with the national security and 
     other interests of the United States.

           TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW

     SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.

       (a) In General.--Notwithstanding any change in the exercise 
     of sovereignty over Macau, and subject to subsections (b) and 
     (c), the laws of the United States shall continue to apply 
     with respect to Macau, on and after December 20, 1999, in the 
     same manner as the laws of the United States were applied 
     with respect to Macau before such date unless otherwise 
     expressly provided by law or by Executive order under section 
     202.
       (b) International Agreements.--For all purposes, including 
     actions in any court of the United States, the Congress 
     approves of the continuation in force on and after December 
     20, 1999, of all treaties and other international agreements, 
     including multilateral conventions, entered into before such 
     date between the United States and Macau, or entered into 
     force before such date between the United States and the 
     Republic of Portugal with respect to, or as applied to, 
     Macau, unless or until terminated in accordance with law. If, 
     in carrying out this title, the President determines that 
     Macau is not legally competent to carry out its obligations 
     under any such treaty or other international agreement, or 
     that the continuation of Macau's obligations or rights under 
     any such treaty or other international agreement is not 
     appropriate under the circumstances, the President shall 
     promptly notify the Committee on International Relations of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate concerning such determination, and 
     shall take appropriate action to modify or terminate such 
     treaty or other international agreement.
       (c) Export Controls.--Notwithstanding subsection (a) or any 
     other provision of law, within 90 days after the date of the 
     enactment of this Act the President--in close consultation 
     with the relevant committees of the Congress--shall establish 
     with respect to Macau, such export control policies and 
     regulations as he determines to be necessary to protect fully 
     the national security interests of the United States.

     SEC. 202. PRESIDENTIAL ORDER.

       (a) Presidential Determination.--On or after December 20, 
     1999, whenever the President determines that Macau is not 
     sufficiently autonomous to justify treatment under a 
     particular law of the United States, or any provision 
     thereof, different from that accorded the People's Republic 
     of China, the President may issue an Executive order 
     suspending the application of section 201(a) to such law or 
     provision of law. The President shall promptly notify the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate concerning any such determination.
       (b) Factor for Consideration.--In making a determination 
     under subsection (a) with respect to the application of a law 
     of the United States, or any provision thereof, to Macau, the 
     President should consider the terms, obligations, and 
     expectations expressed in the Joint Declaration with respect 
     to Macau.
       (c) Publication in Federal Register.--Any Executive order 
     issued under subsection

[[Page S9225]]

     (a) shall be published in the Federal Register and shall 
     specify the law or provision of law affected by the order.
       (d) Termination of Suspension.--An Executive order issued 
     under subsection (a) may be terminated by the President with 
     respect to a particular law or provision of law whenever the 
     President determines that Macau has regained sufficient 
     autonomy to justify treatment under the law or provision of 
     law in question. Notice of any such termination shall be 
     published in the Federal Register.

     SEC. 203. RULES AND REGULATIONS.

       The President is authorized to prescribe such rules and 
     regulations as he considers appropriate to carry out this 
     Act.

     SEC. 204. CONSULTATION WITH CONGRESS.

       In carrying out this title, the President shall consult 
     appropriately with the Congress, in particular with:
       (a) the Committee on International Relations, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives; and
       (b) the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate.

                    TITLE III--REPORTING PROVISIONS

     SEC. 301. REPORTING REQUIREMENT.

       Not later than 90 days after the date of the enactment of 
     this Act, and not later than March 31 of each of the years 
     2000, 2001, and 2002, the Secretary of State shall transmit 
     to the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a report on conditions in Macau of interest to the 
     United States. This report shall cover (in the case of the 
     initial report) the period since the date of the enactment of 
     this Act or (in the case of subsequent reports) the period 
     since the most recent report pursuant to this section, and 
     shall describe, inter alia--
       (1) significant developments in United States relations 
     with Macau;
       (2) significant developments related to any change in the 
     exercise of sovereignty over Macau affecting United States 
     interests in Macau or United States relations with Macau and 
     the People's Republic of China;
       (3) steps taken by the United States to implement section 
     201(c) (relating to export controls with respect to Macau), 
     including any significant problems or other developments 
     arising with respect to the application of United States 
     export controls to Macau;
       (4) the laws of the United States with respect to which the 
     application of section 201(a) (relating to the application of 
     United States laws to Macau) has been suspended pursuant to 
     section 202(a) or with respect to which such a suspension has 
     been terminated pursuant to section 202(d), and the reasons 
     for the suspension or termination, as the case may be;
       (5) the treaties and other international agreements with 
     respect to which the President has made a determination 
     described in the last sentence of section 201(b) (relating to 
     the application of treaties and other international 
     agreements to Macau), the reasons for each such 
     determination, and the steps taken as a result of such 
     determination;
       (6) the development of democratic institutions in Macau;
       (7) compliance by the Government of the People's Republic 
     of China and the Government of the Republic of Portugal with 
     their obligations under the Joint Declaration; and
       (8) the nature and extent of Macau's participation in 
     multilateral forums.

     SEC. 302. SEPARATE PART OF COUNTRY REPORTS.

       Whenever a report is transmitted to the Congress on a 
     country-by-country basis, there shall be included in such 
     report, where applicable, a separate subreport on Macau under 
     the heading of the state that exercises sovereignty over 
     Macau.
                                 ______