ceasing to threaten the survival of the Tibetan
culture;
(B) releasing leaders and members of reli-
gious groups detained, imprisoned, or under
house arrest for expression of their religious be-
liefs;
(C) ceasing unfair and discriminatory
trade practices which restrict and unreasonably
burden American business;
(D) providing United States exporters fair
access to Chinese markets, including lowering
tariffs, removing nontariff barriers, and increas-
ing the purchase of United States goods and
services;
(E) adhering to the guidelines and param-
eters of the Missile Technology Control Regime
and the controls adopted by the Nuclear Suppli-
ers Group and the Australian Group on Chemi-
cal and Biological Arms;
(F) adhering to the Joint Declaration on
Hong Kong that was entered into between the
United Kingdom and the People’s Republic of
China;
(G) cooperating with United States efforts
to obtain an acceptable accounting of United
States military personnel who are listed as pris-
oners of war or missing in action as a result of
their service in—
(i) the Korean conflict; or
(ii) the Vietnam conflict;
(H) ceasing the jamming of Voice of Amer-
ica broadcasts; and
(I) providing international human rights
and humanitarian groups access to prisoners,
trials, and places of detention.
SEC. 4. REPORT BY THE PRESIDENT.
If the President recommends in 1994 that the waiver
referred to in section 3 be continued for the People’s Re-
public of China, the President shall state in the document
required to be submitted to the Congress by section 402(d)
of the Trade Act of 1974, the extent to which the Govern-
ment of the People’s Republic of China has complied with
the provisions of section 3, during the period covered by
the document.
SEC. 5. NONDISCRIMINATORY TREATMENT FOR PRODUCTS
FROM NONSTATE-OWNED ENTERPRISES.
(a) IN GENERAL.—Notwithstanding any other provi-
sions of law, if nondiscriminatory treatment is not granted
to the People’s Republic of China by reason of the occur-
rence of an event described in subsection (b), nondiscrim-
inatory treatment shall—
(1) continue to apply to any good that is pro-
duced or manufactured by a person that is not a
state-owned enterprise of the People’s Republic of
China, but
(2) not apply to any such good that is marketed
or otherwise exported by a state-owned enterprise of
the People’s Republic of China.
Nondiscriminatory treatment under this section shall be
in effect for the same period of time the waiver referred
to in section 3 would have been effective had it taken ef-
fect.
(b) EVENTS.—An event described in this subsection
means—
(1) the President fails to request the waiver re-
ferred to in section 3 and reports to the Congress
that such failure was a result of the President’s in-
ability to report that the People’s Republic of China
has met the standards described in such section; or
(2) the President requests the waiver referred
to in section 3, but a disapproval resolution de-
scribed in subsection (c)(1) is enacted into law.
(c) DISAPPROVAL RESOLUTION.—
(1) IN GENERAL.—For purposes of this section,
the term ‘‘resolution’’ means only a joint resolution
of the two Houses of Congress, the matter after the
resolving clause of which is as follows: ‘‘That the
Congress does not approve the extension of the au-
thority contained in section 402(c) of the Trade Act
of 1974 recommended by the President to the Con-
gress on llllllll with respect to the
People’s Republic of China because the Congress
does not agree that the People’s Republic of China
has met the standards described in section 3 of the
United States-China Act of 1993’’, with the blank
space being filled with the appropriate date.
(2) APPLICABLE
RULES.—The provisions of
sections 153 (other than paragraphs (3) and (4) of
subsection (b) of such section) and 402(d)(2) (as
modified by this subsection) of the Trade Act of
1974 shall apply to a resolution described in para-
graph (1).
(d) DETERMINATION OF DUTY STATUS OF ENTER-
PRISES.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of the Treasury shall determine which
persons are state-owned enterprises of the People’s
Republic of China for purposes of this Act and com-
pile and maintain a list of such persons.
(2) DEFINITIONS
AND
SPECIAL
RULES.—For
purposes of making the determination required by
paragraph (1), the following definitions apply:
(A)(i) The term ‘‘state-owned enterprise of
the People’s Republic of China’’ means a person
affiliated with or wholly owned, controlled, or
subsidized by the Government of the People’s
Republic of China and whose means of produc-
tion, products, and revenues are owned or con-
trolled by a central or provincial government
authority. A person shall be considered to be
state-owned if—
(I) the person’s assets are primarily
owned by a central or provincial govern-
ment authority;
(II) a substantial proportion of the
person’s profits are required to be submit-
ted to a central or provincial government
authority;
(III) the person’s production, pur-
chases of inputs, and sales of output, in
whole or in part, are subject to state, sec-
toral, or regional plans; or
(IV) a license issued by a government
authority classifies the person as state-
owned.
(ii) Any person that—
(I) is a qualified foreign joint venture
or is licensed by a governmental authority
as a collective, cooperative, or private en-
terprise; or
(II) is wholly owned by a foreign per-
son,
shall not be considered to be state-owned.
(B) The term ‘‘qualified foreign joint ven-
ture’’ means any person—
(i) which is registered and licensed in
the agency or department of the Govern-
ment of the People’s Republic of China
concerned with foreign economic relations
and trade as an equity, cooperative, con-
tractual joint venture, or joint stock com-
pany with foreign investment;
(ii) in which the foreign investor part-
ner and a person of the People’s Republic
of China share profits and losses and joint-
ly manage the venture;
(iii) in which the foreign investor
partner holds or controls at least 25 per-
cent of the investment and the foreign in-
vestor partner is not substantially owned
or controlled by a state-owned enterprise of
the People’s Republic of China;
(iv) in which the foreign investor part-
ner is not a person of a country the gov-
ernment of which the Secretary of State
has determined under section 6(j) of the
Export Administration Act of 1979 to have
repeatedly provided support for acts of
international terrorism; and
(v) which does not use state-owned
enterprises of the People’s Republic of
China to export its good or services.
(C) The term ‘‘person’’ means a natural
person, corporation, partnership, enterprise, in-
strumentality, agency, or other entity.
(D) The term ‘‘foreign investor partner’’
means—
(i) a natural person who is not a citi-
zen of the People’s Republic of China; and
(ii) a corporation, partnership, instru-
mentality, enterprise, agency, or other en-
tity that is organized under the laws of a
country other than the People’s Republic
of China and 50 percent or more of the
outstanding capital stock or beneficial in-
terest of such entity is owned (directly or
indirectly) by natural persons who are not
citizens of the People’s Republic of China.
(e) PETITION FOR CHANGE IN DUTY STATUS.—Any
person who believes that a person should be included on
or excluded from the list compiled by the Secretary under
subsection (d)(1) may request that the Secretary review
the status of such person.
SEC. 6. EFFECT OF GATT ENTRY ON MFN STATUS.
Notwithstanding the entry of the People’s Republic
of China into the General Agreement on Tariffs and
Trade, most-favored-nation treatment shall not be auto-
matically conferred on the products of the People’s Repub-
lic of China unless the People’s Republic of China satisfies
the standards described in section 3 and complies with sec-
tion 402 of the Trade Act of 1974 (19 U.S.C. 2432).
SEC. 7. SANCTIONS BY OTHER COUNTRIES.
If the President decides not to seek a continuation
of a waiver in 1994 under section 402(d) of the Trade
Act of 1974 for the People’s Republic of China, the Presi-
dent shall, during the 30-day period beginning on the date
that the President would have recommended to the Con-
gress that such a waiver be continued, undertake efforts
to ensure that members of the General Agreement on Tar-
iffs and Trade take similar action with respect to the Peo-
ple’s Republic of China.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) DETAINED AND IMPRISONED.—The terms
‘‘detained’’ and ‘‘imprisoned’’ include, but are not
limited to, incarceration in prisons, jails, labor re-
form camps, labor reeducation camps, and local po-
lice detention centers.
(2) ACCEPTABLE ACCOUNTING.—The term ‘‘ac-
ceptable accounting’’ includes—
(A) providing information regarding the lo-
cation of any person being held,
(B) the legal status of such person,
(C) if convicted, the sentence of such per-
son, and
(D) if released, when and with what re-
strictions.
(3) 
CONVICT, 
FORCED, 
OR
INDENTURED
LABOR.—The term ‘‘convict, forced, or indentured
labor’’ has the meaning given such term by section
307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(4) VIOLATIONS OF INTERNATIONALLY RECOG-
NIZED STANDARDS OF HUMAN RIGHTS.—The term
‘‘violations of internationally recognized standards of
human rights’’ includes, but is not limited to, tor-
ture, cruel, inhuman, or degrading treatment or
punishment, prolonged detention without charges
and trial, causing the disappearance of persons by
the abduction and clandestine detention of those per-
sons, secret judicial proceedings, and other flagrant
denial of the right to life, liberty, or the security of
any person.
(5) MISSILE TECHNOLOGY CONTROL REGIME.—
The term ‘‘Missile Technology Control Regime’’
means the agreement, as amended, between the
United States, the United Kingdom, the Federal Re-
public of Germany, France, Italy, Canada, and
Japan, announced on April 16, 1987, to restrict sen-
sitive missile-relevant transfers based on an annex of
missile equipment and technology.
(6) SIGNIFICANT
PROGRESS.—(A) The term
‘‘significant progress’’ in section 3, means the imple-
mentation of measures that will meaningfully reduce,
or lead to the end of, the practices identified in such
section.
(B) With regard to section 3(5)(E), progress
may not be determined to be ‘‘significant progress’’
if, after the date of the enactment of this Act, the
President determines that the People’s Republic of
China has transferred—
(i) ballistic missiles or missile launchers for
the M–9 or M–11 weapons systems to Syria,
Pakistan, or Iran; or
(ii) material, equipment, or technology that
would contribute significantly to the manufac-
ture of a nuclear explosive device to another
country and that the material, equipment, or
technology is to be used by such country in the
manufacture of such device.
Æ
HR 1991 IH——2