IIA
104TH CONGRESS
1ST SESSION
H. R. 2058
IN THE SENATE OF THE UNITED STATES
JULY 21 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
Establishing United States policy toward China.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘China Policy Act of
1995’’.
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SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The People’s Republic of China comprises
one-fifth of the world’s population, or 1,200,000,000
people, and its policies have a profound effect on the
world economy and global security.
(2) The People’s Republic of China is a perma-
nent member of the United Nations Security Council
and plays an important role in regional organiza-
tions such as the Asia-Pacific Economic Cooperation
Forum and the ASEAN Regional Forum.
(3) The People’s Republic of China is a nuclear
power with the largest standing army in the world,
and has been rapidly modernizing and expanding its
military capabilities.
(4) The People’s Republic of China is currently
undergoing a change of leadership which will have
dramatic implications for the political and economic
future of the Chinese people and for China’s rela-
tions with the United States.
(5) China’s estimated $600,000,000,000 econ-
omy has enjoyed unparalleled growth in recent
years.
(6) Despite increased economic linkages be-
tween the United States and China, bilateral rela-
tions have deteriorated significantly because of fun-
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damental policy differences over a variety of impor-
tant issues.
(7) The People’s Republic of China has violated
international standards regarding the nonprolifera-
tion of weapons of mass destruction.
(8) The Government of the People’s Republic of
China, a member of the United Nations Security
Council, is obligated to respect and uphold the
United Nations Charter and Universal Declaration
of Human Rights.
(9) According to the State Department Country
Report on Human Rights Practices for 1994, there
continue to be ‘‘widespread and well-documented
human rights abuses in China, in violation of inter-
nationally accepted norms...(including) arbitrary and
lengthy incommunicado detention, torture, and mis-
treatment of prisoners.... The regime continued se-
vere restrictions on freedom of speech, press, assem-
bly and association, and tightened control on the ex-
ercise of these rights during 1994. Serious human
rights abuses persisted in Tibet and other areas pop-
ulated by ethnic minorities.’’.
(10) The Government of the People’s Republic
of China continues to detain political prisoners and
continues to violate internationally recognized stand-
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ards of human rights by arbitrary arrests and deten-
tion of persons for the nonviolent expression of their
political and religious beliefs.
(11) The Government of the People’s Republic
of China does not ensure the humane treatment of
prisoners and does not allow humanitarian and
human rights organizations access to prisons.
(12) The Government of the People’s Republic
of China continues to harass and restrict the activi-
ties of accredited journalists and to restrict broad-
casts by the Voice of America.
(13) In the weeks leading to the 6th anniver-
sary of the June 1989 massacre, a series of petitions
were sent to the Chinese Government calling for
greater tolerance, democracy, rule of law, and an ac-
counting for the 1989 victims and the Chinese Gov-
ernment responded by detaining dozens of prominent
intellectuals and activists.
(14) The unjustified and arbitrary arrest, im-
prisonment, and initiation of criminal proceedings
against Harry Wu, a citizen of the United States,
has greatly exacerbated the deterioration in relations
between the United States and the People’s Republic
of China, and all charges against him should be dis-
missed.
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(15) China has failed to release political pris-
oners with serious medical problems, such as Bao
Tong, and on June 25, 1995, revoked ‘‘medical pa-
role’’ for Chen-Ziming reimprisoning him at Beijing
No. 2 Prison, and Chinese authorities continue to
hold Wei Jingsheng incommunicado at an unknown
location since his arrest on April 1, 1994.
(16) The Government of the People’s Republic
of China continues to engage in discriminatory and
unfair trade practices, including the exportation of
products produced by prison labor, the use of import
quotas and other quantitative restrictions on selected
products, the unilateral increasing of tariff rates and
the imposition of taxes as surcharges on tariffs, the
barring of the importation of certain items, the use
of licensing and testing requirements to limit im-
ports, and the transshipment of textiles and other
items through the falsification of country of origin
documentation.
(17) The Government of the People’s Republic
of China continues to employ the policy and practice
of controlling all trade unions and continues to sup-
press and harass members of the independent labor
union movement.
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(18) The United States-Hong Kong Policy Act
of 1992 states that Congress wishes to see the provi-
sions of the joint declaration implemented, and de-
clares that ‘‘the human rights of the people of Hong
Kong are of great importance to the U.S. Human
Rights also serve as a basis for Hong Kong’s contin-
ued prosperity,’’. This together with the rule of law
and a free press are essential for a successful transi-
tion in 1997.
(19) The United States currently has numerous
sanctions on the People’s Republic of China with re-
spect to government-to-government assistance, arms
sales, and other commercial transactions.
(20) It is in the interest of the United States
to foster China’s continued engagement in the
broadest range of international fora and increased
respect for human rights, democratic institutions,
and the rule of law in China.
SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES.
(a) UNITED STATES OBJECTIVES.—The Congress
calls upon the President to undertake intensified diplo-
matic initiatives to persuade the Government of the Peo-
ple’s Republic of China to—
(1) immediately and unconditionally release
Harry Wu from detention;
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(2) adhere to prevailing international standards
regarding the nonproliferation of weapons of mass
destruction by, among other things, immediately
halting the export of ballistic missile technology and
the provision of other weapons of mass destruction
assistance, in violation of international standards, to
Iran, Pakistan, and other countries of concern;
(3) 
respect 
the 
internationally-recognized
human rights of its citizens by, among other
things—
(A) permitting freedom of speech, freedom
of press, freedom of assembly, freedom of asso-
ciation, and freedom of religion;
(B) ending arbitrary detention, torture,
forced labor, and other mistreatment of pris-
oners;
(C) releasing all political prisoners, and
dismantling the Chinese system of jailing politi-
cal prisoners (the gulag) and the Chinese forced
labor system (the Laogai);
(D) ending coercive birth control practices;
and
(E) respecting the legitimate rights of the
people of Tibet, ethnic minorities, and ending
the crackdown on religious practices;
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(4) curtail excessive modernization and expan-
sion of China’s military capabilities, and adopt de-
fense transparency measures that will reassure Chi-
na’s neighbors;
(5) end provocative military actions in the
South China Sea and elsewhere that threaten Chi-
na’s neighbors, and work with them to resolve dis-
putes in a peaceful manner;
(6) adhere to a rules-based international trade
regime in which existing trade agreements are fully
implemented and enforced, and equivalent and recip-
rocal market access is provided for United States
goods and services in China;
(7) comply with the prohibition on all forced
labor exports to the United States; and
(8) reduce tensions with Taiwan by means of
dialogue and other confidence building measures.
(b) VENUES
FOR DIPLOMATIC INITIATIVES.—The
diplomatic initiatives taken in accordance with subsection
(a) should include actions by the United States—
(1) in the conduct of bilateral relations with
China;
(2) in the United Nations and other inter-
national organizations;
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(3) in the World Bank and other international
financial institutions;
(4) in the World Trade Organization and other
international trade fora; and
(5) in the conduct of bilateral relations with
other countries in order to encourage them to sup-
port and join with the United States in taking the
foregoing actions.
SEC. 4. REPORTING REQUIREMENTS.
The President shall report to the Congress within 30
days after the date of enactment of this Act, and no less
frequently than every 6 months thereafter, on—
(1) the actions taken by the United States in
accordance with section 3 during the preceding 6-
month period;
(2) the actions taken with respect to China dur-
ing the preceding 6-month period by—
(A) the United Nations and other inter-
national organizations;
(B) the World Bank and other inter-
national financial institutions; and
(C) the World Trade Organization and
other international trade fora; and
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(3) the progress achieved with respect to each
of the United States objectives identified in section
3(a).
Such reports may be submitted in classified and unclassi-
fied form.
SEC. 5. COMMENDATION OF DEMOCRACY MOVEMENT.
The Congress commends the brave men and women
who have expressed their concerns to the Government of
the People’s Republic of China in the form of petitions
and commends the democracy movement as a whole for
its commitment to the promotion of political, economic,
and religious freedom.
SEC. 6. RADIO FREE ASIA.
(a) PLAN FOR RADIO FREE ASIA.—Section 309(c)
of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208(c)) is amended to read as follows:
‘‘(c) SUBMISSION OF PLAN.—Not later than 30 days
after the date of enactment of the China Policy Act of
1995, the Director of the United States Information Agen-
cy shall submit to the Congress a detailed plan for the
establishment and operation of Radio Free Asia in accord-
ance with this section. Such plan shall include the follow-
ing: