I
103D CONGRESS
1ST SESSION
H. R. 1890
To extend to the People’s Republic of China renewal of nondiscriminatory
(most-favored-nation) treatment provided certain conditions are met.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1993
Ms. PELOSI (for herself, Mr. GEPHARDT, Mr. BONIOR, Mr. ROSE, Mr. MOAK-
LEY, Mr. GILMAN, Mr. LEWIS of Georgia, Mr. RICHARDSON, Mr. STARK,
Mr. CARDIN, Mr. LEVIN, Mr. SOLOMON, Mr. ABERCROMBIE, Mr. BAC-
CHUS of Florida, Mr. BERMAN, Mr. BILBRAY, Mrs. CLAYTON, Mr. COO-
PER, Mr. CUNNINGHAM, Mr. DELLUMS, Mr. DURBIN, Mr. FOGLIETTA,
Mr. FRANK of Massachusetts, Mr. HEFNER, Mr. KASICH, Mr. KENNEDY,
Mr. LANTOS, Mr. MARKEY, Mr. MARTINEZ, Mr. MILLER of California,
Mr. MINETA, Mrs. MINK, Mr. MORAN, Mr. OLVER, Ms. SLAUGHTER, Mr.
TORRICELLI, Mr. WAXMAN, Ms. WOOLSEY, Mr. WYNN, Mr. ANDREWS of
Maine, Mr. BARTON of Texas, Mr. GONZALEZ, Mr. GORDON, Mr.
MCCLOSKEY, Mr. RUSH, Mr. SERRANO, Mrs. UNSOELD, Mr. WOLF, Mr.
HASTINGS, and Mr. ROHRABACHER) introduced the following bill; which
was referred jointly to the Committees on Ways and Means, and Rules
A BILL
To extend to the People’s Republic of China renewal of
nondiscriminatory (most-favored-nation) treatment pro-
vided certain conditions are met.
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 ‘‘United States-China
Act of 1993’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On June 4, 1989, thousands of Chinese citi-
zens courageously demonstrated that they were pre-
pared to risk their lives and futures in pursuit of
democratic freedom and respect for human rights.
(2) The People’s Republic of China, as a mem-
ber of the United Nations Security Council, is obli-
gated to respect and uphold the United Nations
Charter and Universal Declaration of Human
Rights.
(3) Despite the massive demonstration for self-
determination and fundamental principles of human
rights and despite the People’s Republic of China’s
membership in the United Nations, the Government
of the People’s Republic of China continues to fla-
grantly violate internationally recognized standards
of human rights, and engages in—
(A) torture and cruel, inhuman, or degrad-
ing treatment or punishment;
(B) arbitrary arrest, unacknowledged de-
tention without charges and trial, and jailing of
persons solely for the nonviolent expression of
their political views; and
(C) use of prison labor to produce cheap
products for export to countries, including the
United States, in violation of international labor
treaties and United States law.
(4) The Government of the People’s Republic of
China continues to deny Chinese citizens and others,
who have supported the prodemocracy movement,
the right of free emigration despite having pledged
to do so in 1991.
(5) The Government of the People’s Republic of
China continues to use military and police forces to
intimidate and repress the Tibetan people who are
seeking political and religious freedom and continues
to violate the human rights of the Tibetan people,
including the provisions of the Fourth Geneva Con-
vention, by forcing and encouraging the resettlement
of large numbers of Chinese in Tibet, which is
threatening the survival of the Tibetan culture.
(6) The Government of the People’s Republic of
China continues to engage in unfair trade practices
against the United States by raising tariffs, employ-
ing taxes as a surcharge on tariffs, using discrimina-
tory customs rates, imposing import quotas and
other quantitative restrictions, barring the importa-
tion of certain items, using licensing and testing re-
quirements to limit imports, and falsifying country
of origin documentation to transship textiles and
other items to the United States through Hong
Kong and third countries.
(7) Although the Government of the People’s
Republic of China has pledged to adhere to the
guidelines and parameters of the Missile Technology
Control Regime, there are continuing reports of Chi-
nese transfers of military technology covered by such
Regime to the Middle East, Africa, and Asia.
(8) The Government of the People’s Republic of
China continues to unjustly restrict and imprison re-
ligious leaders and members of religious groups who
do not adhere to the dogma and control of state-
sponsored religious organizations.
(9) It is the policy and practice of the Govern-
ment of the People’s Republic of China’s Communist
Party to control all trade unions and suppress and
harass members of the independent labor union
movement.
(10) 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.
SEC. 3. MINIMUM STANDARDS WHICH THE GOVERNMENT
OF THE PEOPLE’S REPUBLIC OF CHINA MUST
MEET 
TO 
CONTINUE 
TO 
RECEIVE 
NON-
DISCRIMINATORY 
MOST-FAVORED-NATION
TREATMENT.
Notwithstanding any other provisions of law, the
President may not recommend continuation of a waiver
for the 12-month period beginning July 3, 1994, under
section 402(d) of the Trade Act of 1974 (19 U.S.C.
2432(d)) for the People’s Republic of China, unless the
President reports in the document required to be submit-
ted by such section that the government of that country—
(1) has taken appropriate actions to begin ad-
hering to the provisions of the Universal Declaration
of Human Rights in China and Tibet;
(2) is allowing unrestricted emigration of the
citizens who desire to leave China for reasons of po-
litical or religious persecution to join family mem-
bers abroad, or for other valid reasons;
(3) has provided an acceptable accounting for
and release of Chinese citizens detained, accused, or
sentenced as a result of the nonviolent expression of
their political beliefs in relation to events which oc-
curred during and after the violent repression of
demonstrations in Tiananmen Square on June 4,
1989, and has provided an acceptable accounting for
and release of other citizens detained, accused, or
sentenced for the nonviolent expression of their po-
litical beliefs or for peacefully exercising their inter-
nationally guaranteed rights of freedom of speech,
association, and assembly;
(4) has taken effective, verifiable action to pre-
vent export of products to the United States manu-
factured wholly or in part by convict, forced, or in-
dentured labor and has complied with the terms of
the Memorandum of Understanding signed on Au-
gust 7, 1992, by allowing, without limitation or re-
striction, United States Customs officials to visit
places suspected of producing such goods for export;
and
(5) has made overall significant progress in—
(A) ceasing religious persecution and lift-
ing restrictions on freedom of religious belief in
the People’s Republic of China and Tibet and
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
beliefs;
(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 Peo-
ple’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 Unit-
ed 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—