Chinese Human Rights Act of 1995

Summary: Chinese Human Rights Act of 1995 - Declares null and void any waiver by the President of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974.  Denies most-favored-nation treatment to China until the Congress provides so by statute. 
Amends the Trading with the Enemy Act to define China as an enemy for purposes of the export of military products to such country until the Congress, by joint resolution, determines that China does not engage in any significant violation of human rights and poses no significant threat to the United States. 
Amends the Immigration and Nationality Act to provide that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure, shall be deemed to have been persecuted on account of political opinion and entitled to political refugee status under such Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chinese Human Rights Act of 1995''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Political prisoner.--The term ``political prisoner'' 
        means an individual citizen of the People's Republic of China 
        who for political thoughts and/or actions in opposition to the 
        Chinese Government has been imprisoned.
            (2) Thought control.--The term ``thought control'' means 
        intensive, forcible indoctrination aimed at replacing a 
        person's basic convictions with an alternative set of beliefs.
            (3) Political reprisal.--The term ``political reprisal'' 
        means retaliation for political injuries, real or imagined.
            (4) Forced abortion.--The term ``forced abortion'' 
        describes the act of coercing a female against her will, by 
        threat of bodily damage, death, or imprisonment, to undergo a 
        surgical procedure for the purpose of inducing termination of 
        pregnancy and expulsion of an embryo or fetus.
            (5) Forced sterilization.--The term ``forced 
        sterilization'' describes the act of coercing a male or female 
        against their will, by threat of bodily damage, death, or 
        imprisonment, to undergo a surgical procedure for the purpose 
        of causing them to be unable to produce offspring.
            (6) Cannibalism.--The term ``cannibalism'' means the 
        consumption of a human embryo or fetus by another human.

SEC. 3. FINDINGS AND PURPOSE.

    (a) Congress finds--
            (1) that, on October 8, 1984, the People's Republic of 
        China promulgated an internal document detailing the conditions 
        and measures for removing, for purposes of human transplant, 
        the organs of prisoners executed by the Chinese Government;
            (2) that, pursuant to the document, China has, in some 
        cases, scheduled the execution of political dissidents on the 
        basis of the need for the internal organs of those political 
        dissidents;
            (3) that, in China, prisoners are routinely executed 
        because of their opposition to the policies of their communist 
        government or because of their unwillingness to submit to forms 
        of thought control imposed by reeducation camps operated by the 
        Chinese Government;
            (4) that, because of fear of the government, relatives of 
        executed dissidents are reluctant to claim the bodies of their 
        kin, for fear of political reprisal;
            (5) that China's birth control policy routinely results in 
        forced abortion, forced sterilization, infanticide, and even 
        cannibalism; and
            (6) that, by its actions, China has separated itself from 
        the community of civilized nations.
    (b) Purpose.--It is the purpose of this Act to use the economic 
power of the United States to lessen the brutality imposed by the 
Chinese Government against its people, and for other purposes.

SEC. 4. MOST FAVORED NATION STATUS.

    Notwithstanding anything in section 402 of Public Law 83-618, as 
amended, to the contrary, any waiver by the President of subsections 
(a) and (b) of section 2432 of title 19, United States Code, with 
respect to the People's Republic of China is null and void. The 
People's Republic of China shall not be granted nondiscriminatory 
treatment (most-favored-nation treatment) until Congress shall by 
statute provide.

SEC. 5. TRADING WITH THE ENEMY ACT.

    Section 2 of title 50 Appendix, United States Code, is amended by 
adding after ``enemy,'' the first time it appears the following new 
subsection:
    ``(d) For purposes of products possessing a military application, 
for a period beginning on the date of enactment of the Chinese Human 
Rights Act of 1995, to the date on which Congress, by joint resolution, 
determines that the People's Republic of China does not engage in any 
significant violation of human rights and poses no significant threat 
to the United States, the government of the People's Republic of 
China.''.

SEC. 6. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
              MEASURES.

    Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following: ``For 
purposes of determinations under this Act, a person who has been forced 
to abort a pregnancy or to undergo involuntary sterilization, or who 
has been persecuted for failure or refusal to undergo such a procedure 
or for other resistance to a coercive population control program, shall 
be deemed to have been persecuted on account of political opinion, and 
a person who has a well founded fear that he or she will be forced to 
undergo such a procedure or subjected to persecution for such failure, 
refusal, or resistance shall be deemed to have a well founded fear of 
persecution on account of political opinion.''.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect immediately upon enactment.