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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 308 Reported in Senate (RS)]

<DOC>

                                                        Calendar No. 97
118th CONGRESS
  1st Session
                                 S. 308

To end the treatment of the People's Republic of China as a developing 
                                nation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

Mr. Romney (for himself, Mr. Van Hollen, Mr. Sullivan, Mr. Cornyn, and 
 Mr. Scott of South Carolina) introduced the following bill; which was 
     read twice and referred to the Committee on Foreign Relations

                             June 13, 2023

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To end the treatment of the People's Republic of China as a developing 
                                nation.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ending China's Developing 
Nation Status Act''.</DELETED>

<DELETED>SEC. 2. STATEMENT OF POLICY.</DELETED>

<DELETED>    It should be the policy of the United States--</DELETED>
        <DELETED>    (1) to oppose the labeling or treatment of the 
        People's Republic of China as a developing nation in current 
        and future treaty negotiations and in each international 
        organization of which the United States and the People's 
        Republic of China are both current members; and</DELETED>
        <DELETED>    (2) to pursue the labeling or treatment of the 
        People's Republic of China as a developed nation in each 
        international organization of which the United States and the 
        People's Republic of China are both current members.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations of 
                the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of State.</DELETED>

<DELETED>SEC. 4. REPORT ON DEVELOPMENT STATUS IN CURRENT TREATY 
              NEGOTIATIONS.</DELETED>

<DELETED>    Not later than 180 days after the date of the enactment of 
this Act, the Secretary shall submit a report to the appropriate 
committees of Congress identifying all current treaty negotiations in 
which--</DELETED>
        <DELETED>    (1) the proposed treaty develops different 
        standards for the enforcement of the treaty based on the 
        development status of the member states of the treaty; 
        and</DELETED>
        <DELETED>    (2) the People's Republic of China is under 
        consideration for becoming a party to the treaty.</DELETED>

<DELETED>SEC. 5. REPORT ON DEVELOPMENT STATUS IN EXISTING ORGANIZATIONS 
              AND TREATIES.</DELETED>

<DELETED>    Not later than 180 days after the date of the enactment of 
this Act, the Secretary shall submit a report to the appropriate 
committees of Congress identifying--</DELETED>
        <DELETED>    (1) all international organizations or treaties, 
        of which the United States is a member, that have different 
        standards for enforcement based on the development status of 
        the member states; and</DELETED>
        <DELETED>    (2) for each of the organizations or treaties 
        identified pursuant to paragraph (1), the Secretary shall 
        provide a list of countries that--</DELETED>
                <DELETED>    (A) are labeled as developing nations or 
                receive the benefits of a developing nation under the 
                terms of the organization or treaty; and</DELETED>
                <DELETED>    (B) meet the World Bank classification for 
                upper middle income or high-income countries.</DELETED>

<DELETED>SEC. 6. MECHANISMS FOR CHANGING DEVELOPMENT STATUS.</DELETED>

<DELETED>    (a) In General.--In any international organization of 
which the United States and the People's Republic of China are both 
current members, the Secretary shall pursue--</DELETED>
        <DELETED>    (1) changing the status of the People's Republic 
        of China from developing nation to developed nation if a 
        mechanism exists in such organization to make such status 
        change; or</DELETED>
        <DELETED>    (2) proposing the development of a mechanism 
        described in paragraph (1) to change the status of the People's 
        Republic of China in such organization from developing nation 
        to developed nation.</DELETED>
<DELETED>    (b) Waiver.--The President may waive the application of 
paragraph (1) or (2) of subsection (a) with respect to any 
international organization if the President notifies the appropriate 
committees of Congress that such a waiver is in the national interests 
of the United States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending China's Developing Nation 
Status Act''.

SEC. 2. FINDING; STATEMENT OF POLICY.

    (a) Finding.--Congress finds that the People's Republic of China is 
still classified as a developing nation under multiple treaties and 
international organization structures, even though it has grown to be 
the second largest economy in the world.
    (b) Statement of Policy.--It is the policy of the United States--
            (1) to oppose the labeling or treatment of the People's 
        Republic of China as a developing nation in current and future 
        treaty negotiations and in each international organization of 
        which the United States and the People's Republic of China are 
        both current members;
            (2) to pursue the labeling or treatment of the People's 
        Republic of China as a developed nation in each international 
        organization of which the United States and the People's 
        Republic of China are both current members; and
            (3) to work with allies and partners of the United States 
        to implement the policies described in paragraphs (1) and (2).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 4. REPORT ON DEVELOPMENT STATUS IN CURRENT TREATY NEGOTIATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit a report to the appropriate committees 
of Congress that--
            (1) identifies all current treaty negotiations in which--
                    (A) the proposed treaty would provide for different 
                treatment or standards for enforcement of the treaty 
                based on respective development status of the states 
                that are party to the treaty; and
                    (B) the People's Republic of China is actively 
                participating in the negotiations, or it is reasonably 
                foreseeable that the People's Republic of China would 
                seek to become a party to the treaty; and
            (2) for each treaty negotiation identified pursuant to 
        paragraph (1), describes how the treaty under negotiation would 
        provide different treatment or standards for enforcement of the 
        treaty based on development status of the states parties.

SEC. 5. REPORT ON DEVELOPMENT STATUS IN EXISTING ORGANIZATIONS AND 
              TREATIES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit a report to the appropriate committees 
of Congress that--
            (1) identifies all international organizations or treaties, 
        of which the United States is a member, that provide different 
        treatment or standards for enforcement based on the respective 
        development status of the member states or states parties;
            (2) describes the mechanisms for changing the country 
        designation for each relevant treaty or organization; and
            (3) for each of the organizations or treaties identified 
        pursuant to paragraph (1)--
                    (A) includes a list of countries that--
                            (i) are labeled as developing nations or 
                        receive the benefits of a developing nation 
                        under the terms of the organization or treaty; 
                        and
                            (ii) meet the World Bank classification for 
                        upper middle income or high-income countries; 
                        and
                    (B) describes how the organization or treaty 
                provides different treatment or standards for 
                enforcement based on development status of the member 
                states or states parties.

SEC. 6. MECHANISMS FOR CHANGING DEVELOPMENT STATUS.

    (a) In General.--In any international organization of which the 
United States and the People's Republic of China are both current 
members, the Secretary, in consultation with allies and partners of the 
United States, shall pursue--
            (1) changing the status of the People's Republic of China 
        from developing nation to developed nation if a mechanism 
        exists in such organization to make such status change; or
            (2) proposing the development of a mechanism described in 
        paragraph (1) to change the status of the People's Republic of 
        China in such organization from developing nation to developed 
        nation.
    (b) Waiver.--The President may waive the application of paragraph 
(1) or (2) of subsection (a) with respect to any international 
organization if the President notifies the appropriate committees of 
Congress that such a waiver is in the national interests of the United 
States.
                                                        Calendar No. 97

118th CONGRESS

  1st Session

                                 S. 308

_______________________________________________________________________

                                 A BILL

To end the treatment of the People's Republic of China as a developing 
                                nation.

_______________________________________________________________________

                             June 13, 2023

                       Reported with an amendment
```