IIA

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States China

5 Policy Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) The economic, social, political, and cultural

9 welfare of the people of China, who constitute one10 fifth of the world’s population, is a matter of global

11 humanitarian concern.
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1 (2) By virtue of its size, its economic vitality,

2 its status as a nuclear power, and its role as a per3 manent member of the United Nations Security

4 Council, China plays a significant role in world af5 fairs.

6 (3) The United States policy toward China in7 volves balancing multiple interests, including pro8 moting human rights and democracy, securing Chi9 na’s strategic cooperation in Asia and the United

10 Nations, protecting United States national security

11 interests, controlling the proliferation of weapons of

12 mass destruction, promoting a peaceful and demo13 cratic transition in Hong Kong, and expanding

14 United States economic contact with China.

15 (4) United States policy toward China must in16 clude as a key objective the promotion of inter17 nationally recognized human rights. Specific prior18 ities and methods should be appropriate to the cir19 cumstances. Engagement with China rather than its

20 isolation is more likely to foster United States inter21 ests.

22 (5) The opening of China to the West, the

23 adoption of free market economic reforms, the emer24 gence of a strong and entrepreneurial economy that

25 ensures the rise of a Chinese middle class; all have
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1 led to expanded individual freedom, a weakening of

2 state control over personal expression, access to the

3 media in the United States, Hong Kong, and the

4 West, and major improvements in living standards

5 for the Chinese people.

6 (6) United States policies that encourage eco7 nomic liberalization and increased contact with the

8 United States and other democracies foster respect

9 for internationally recognized human rights and can

10 contribute to civil and political reform in China.

11 (7) The President’s policy statement of May 26,

12 1994, provides a sound framework for expanding

13 and extending the relationship of the United States

14 with China while continuing the commitment of the

15 United States to its historic values. The United

16 States must develop a comprehensive and coherent

17 policy toward China that addresses the complex and

18 fast-changing reality in that country and promotes

19 simultaneously the human rights, diplomatic, eco20 nomic, and security interests of the United States

21 toward China.

22 (8) The United States has an interest in a

23 strong, stable, prosperous, and open China whose

24 government contributes to international peace and

25 security and whose actions are consistent with the
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1 responsibilities of great power status. Whether those

2 expectations are met will determine the breadth,

3 depth, and tone of the United States-China bilateral

4 relationship.

5 (9) Peace and economic progress in East Asia

6 is best assured through a web of cooperative rela7 tions among the countries of the region, including

8 China and the United States. The emergence of a

9 militarily powerful China that seeks to dominate

10 East Asia would be regarded as a matter of serious

11 concern by the United States and by other countries

12 in the Asia-Pacific region.

13 (10) Yet China’s performance has been uneven

14 on a number of issues of concern to the United

15 States. In particular, the Chinese Government has

16 failed to observe internationally recognized human

17 rights. In this regard the Congress makes the follow18 ing declarations:

19 (A) The Chinese Government itself has

20 made commitments to observe universal human

21 rights norms.

22 (B) Human rights have universal applica23 tion and are not solely defined by culture or

24 history.
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1 (C) Chinese policies of particular concern

2 to the United States are the criminalization of

3 dissent, the inhumane treatment in prisons, and

4 the serious repression in non-Han-Chinese

5 areas like Tibet.

6 (11) Genuine political stability in China and

7 greater respect for internationally recognized human

8 rights, as well as continued economic growth and

9 stability, will only occur in China as a result of a

10 strengthened legal system (based on the rule of law

11 and property rights), the emergence of a civil soci12 ety, and the creation of political institutions that are

13 responsive to public opinion and the interests of so14 cial groups.

15 (12) China has entered a major transition in its

16 political history which will determine the nature of

17 the domestic system, including respect for inter18 nationally recognized human rights, and the Chinese

19 Government’s foreign policy. The Chinese Govern20 ment should accelerate the process of reform of all

21 aspects of Chinese society.

22 (13) Existing official bilateral and multilateral

23 institutions provide useful venues for engagement

24 with China concerning the rule of law, civil society,

25 respect for internationally recognized human rights,
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1 and political institutions that provide humane and

2 effective governance.

3 (14) American nongovernmental and business

4 organizations, in their various forms of engagement

5 in China, have contributed in that country to the ini6 tial emergence of civil society, the strengthening of

7 the legal system, and the expansion of economic au8 tonomy.

9 SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF

10 UNITED STATES POLICY.

11 Congress affirms the President’s policy and makes

12 the following recommendations for the conduct of United

13 States policy toward China:

14 (1) The United States should continue a steady

15 and comprehensive policy of pressing for increased

16 Chinese adherence to international norms, especially

17 those concerning internationally recognized human

18 rights.

19 (2) Of particular concern to the United States

20 are the following:

21 (A) The accounting and release of political

22 prisoners.

23 (B) Access to Chinese prisoners by inter24 national humanitarian organizations.
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1 (C) Negotiations between the Chinese Gov2 ernment and the Dalai Lama on Tibetan issues.

3 (3) The official dialogue with the Chinese Gov4 ernment on human rights issues should continue and

5 be intensified.

6 (4) As he considers appropriate, the President

7 should use other available modes of official inter8 action with China to pursue initiatives that are rel9 evant to promoting increased respect for human

10 rights in China.

11 (5) The United States should expand broadcast12 ing to China, through the Voice of America and

13 Radio Free Asia.

14 (6) The United States should work through

15 available multilateral fora, such as the United Na16 tions Human Rights Commission, to express con17 cerns about human rights in China and to encourage

18 Chinese adherence to, and compliance with, inter19 national human rights instruments. At all appro20 priate times, the United States should work toward

21 and support joint actions to address significant

22 problems. In particular, the United States should

23 seek to secure the participation of other govern24 ments in overtures to secure the accounting and re25 lease of political prisoners, to encourage access to
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1 Chinese prisoners by international humanitarian or2 ganizations and negotiations between the Chinese

3 Government and the Dalai Lama.

4 (7) Where possible, the United States should

5 take further steps to foster in China the rule of law,

6 the creation of a civic society, and the emergence of

7 institutions that provide humane and effective gov8 ernance.

9 (8) To better carry out the recommendation in

10 paragraph (7), the Secretary of State should encour11 age United States posts in China to increase report12 ing on the human rights situation, the rule of law,

13 civil society, and other political developments in

14 China, and to increase appropriate contacts with do15 mestic nongovernmental organizations.

16 (9) United States non-governmental organiza17 tions should continue and expand activities that en18 courage the rule of law, the emergence of a civic so19 ciety, and the creation of institutions that provide

20 humane and effective governance.

21 (10) When considering the termination of the

22 suspensions of United States Government activities

23 enacted in section 902(a) of the Foreign Relations

24 Authorization Act, Fiscal Years 1990 and 1991, the

25 President should explore whether such terminations
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1 could be used to elicit specific steps by the Chinese

2 government to enhance respect for internationally

3 recognized human rights or correct abuses of such

4 rights.

5 SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUP6 PORTING HUMAN RIGHTS IN CHINA.

7 (a) STATEMENT OF POLICY.—Concerning the pro8 motion of human rights in China, it shall be the policy

9 of the United States to promote the following objectives:

10 (1) An effective legal system, based on the rule

11 of law.

12 (2) Respect for internationally recognized

13 human rights.

14 (3) The emergence of civil society.

15 (4) The creation of institutions that provide hu16 mane and effective governance.

17 (b) FACTORS.—In determining how to carry out the

18 objectives stated in subsection (a), the President should

19 consider the following factors:

20 (1) The circumstances under which it is appro21 priate to provide support to organizations and indi22 viduals in China.

23 (2) The circumstances under which it is appro24 priate to provide financial support, including

25 through the following means:
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1 (A) Directly by the United States Govern2 ment.

3 (B) Through United States nongovern4 mental organizations which have established a

5 sound record in China.

6 (3) The extent to which the objectives of sub7 section (a) should be promoted through exchanges,

8 technical assistance, grants to organizations, and

9 scholarships for advanced study in the United

10 States.

11 (4) How to assure accountability for funds pro12 vided by the United States Government.

13 (c) AUTHORIZATION OF APPROPRIATIONS FOR FIS14 CAL YEAR 1995.—

15 (1) Of the amounts authorized to be appro16 priated for education and cultural exchange pro17 grams of the United States Information Agency for

18 fiscal year 1995, up to $1,000,000 is authorized to

19 be available for programs to carry out the objectives

20 of subsection (a).

21 (2) In addition to such amounts as may other22 wise be made available for broadcasting to China for

23 fiscal year 1995, of the amounts authorized to be

24 appropriated for international broadcasting for fiscal
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1 year 1995, an additional $5,000,000 may be used

2 for broadcasting to China .

3 SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.

4 It is the sense of Congress that, in the event that

5 international humanitarian organizations undertake ac6 tivities in China related to the treatment of prisoners, the

7 President should make available an additional contribution

8 to those organizations to support such activities.

9 SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF

10 UNITED STATES BUSINESS IN CHINA.

11 (a) IN GENERAL.—Congress endorses President Clin12 ton’s efforts to work with the leaders of the United States

13 business community to develop voluntary principles that

14 could be adapted by United States companies doing busi15 ness in China to further advance human rights and com16 mends United States companies that have previously

17 adopted such principles or are considering taking such ac18 tion.

19 (b) OTHER COUNTRIES.—Congress urges the Presi20 dent to encourage other governments to adopt similar

21 principles to govern the activities of their business organi22 zations with activities in China.

23 SEC. 7. PERIODIC REPORTS.

24 Not more than 180 days after the date of the enact25 ment of this Act and annually for the 2 subsequent years,
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1 the President shall submit to the Speaker of the House

2 of Representatives and the Chairman of the Committee

3 on Foreign Relations of the Senate, a report (in a classi4 fied form in whole or in part as necessary) which reviews

5 for the preceding 12-month period those activities sup6 ported by the United States Government to promote the

7 objectives stated in section 4(a).

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

9 The President is authorized to establish a United

10 States commission on law and society in the People’s Re11 public of China to undertake the following responsibilities

12 and such other duties as the President considers appro13 priate:

14 (1) To monitor developments in China with re15 spect to the following:

16 (A) The development of the Chinese legal

17 system.

18 (B) The emergence of civil society.

19 (C) The development of institutions that

20 provide humane and effective governance.

21 (2) To engage in an ad hoc dialogue with Chi22 nese individuals and nongovernmental organizations

23 who have an interest in the subjects indicated in

24 paragraph (1).
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1 (3) To report to the President and to the Con2 gress the commission’s findings regarding the sub3 jects identified in paragraph (1) and its discussions

4 with Chinese individuals and organizations concern5 ing those subjects.

6 (4) To make recommendations to the President

7 on United States policy toward China in promoting

8 the objectives identified in section 4(a).

9 (5) To assess and report to the President and

10 the Congress on whether the creation of a United

11 States-China Commission on Law and Society would

12 contribute to the objectives identified in section 4(a).

Passed the House of Representatives August 9,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.