103D CONGRESS
2D SESSION
H. R. 4590
AN ACT
Concerning United States efforts to promote respect for
internationally recognized human rights in 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 ‘‘United States China
Policy Act of 1994’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural
welfare of the people of China, who constitute one-
fifth of the world’s population, is a matter of global
humanitarian concern.
(2) By virtue of its size, its economic vitality,
its status as a nuclear power, and its role as a per-
manent member of the United Nations Security
Council, China plays a significant role in world af-
fairs.
(3) The United States policy toward China in-
volves balancing multiple interests, including pro-
moting human rights and democracy, securing Chi-
na’s strategic cooperation in Asia and the United
Nations, protecting United States national security
interests, controlling the proliferation of weapons of
mass destruction, promoting a peaceful and demo-
cratic transition in Hong Kong, and expanding
United States economic contact with China.
(4) United States policy toward China must in-
clude as a key objective the promotion of inter-
nationally recognized human rights. Specific prior-
ities and methods should be appropriate to the cir-
cumstances. Engagement with China rather than its
isolation is more likely to foster United States inter-
ests.
(5) The opening of China to the West, the
adoption of free market economic reforms, the emer-
gence of a strong and entrepreneurial economy that
ensures the rise of a Chinese middle class; all have
led to expanded individual freedom, a weakening of
state control over personal expression, access to the
media in the United States, Hong Kong, and the
West, and major improvements in living standards
for the Chinese people.
(6) United States policies that encourage eco-
nomic liberalization and increased contact with the
United States and other democracies foster respect
for internationally recognized human rights and can
contribute to civil and political reform in China.
(7) The President’s policy statement of May 26,
1994, provides a sound framework for expanding
and extending the relationship of the United States
with China while continuing the commitment of the
United States to its historic values. The United
States must develop a comprehensive and coherent
policy toward China that addresses the complex and
fast-changing reality in that country and promotes
simultaneously the human rights, diplomatic, eco-
nomic, and security interests of the United States
toward China.
(8) The United States has an interest in a
strong, stable, prosperous, and open China whose
government contributes to international peace and
security and whose actions are consistent with the
responsibilities of great power status. Whether those
expectations are met will determine the breadth,
depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia
is best assured through a web of cooperative rela-
tions among the countries of the region, including
China and the United States. The emergence of a
militarily powerful China that seeks to dominate
East Asia would be regarded as a matter of serious
concern by the United States and by other countries
in the Asia-Pacific region.
(10) Yet China’s performance has been uneven
on a number of issues of concern to the United
States. In particular, the Chinese Government has
failed to observe internationally recognized human
rights. In this regard the Congress makes the follow-
ing declarations:
(A) The Chinese Government itself has
made commitments to observe universal human
rights norms.
(B) Human rights have universal applica-
tion and are not solely defined by culture or
history.
(C) Chinese policies of particular concern
to the United States are the criminalization of
dissent, the inhumane treatment in prisons, and
the serious repression in non-Han-Chinese
areas like Tibet.
(11) Genuine political stability in China and
greater respect for internationally recognized human
rights, as well as continued economic growth and
stability, will only occur in China as a result of a
strengthened legal system (based on the rule of law
and property rights), the emergence of a civil soci-
ety, and the creation of political institutions that are
responsive to public opinion and the interests of so-
cial groups.
(12) China has entered a major transition in its
political history which will determine the nature of
the domestic system, including respect for inter-
nationally recognized human rights, and the Chinese
Government’s foreign policy. The Chinese Govern-
ment should accelerate the process of reform of all
aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement
with China concerning the rule of law, civil society,
respect for internationally recognized human rights,
and political institutions that provide humane and
effective governance.
(14) American nongovernmental and business
organizations, in their various forms of engagement
in China, have contributed in that country to the ini-
tial emergence of civil society, the strengthening of
the legal system, and the expansion of economic au-
tonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF
UNITED STATES POLICY.
Congress affirms the President’s policy and makes
the following recommendations for the conduct of United
States policy toward China:
(1) The United States should continue a steady
and comprehensive policy of pressing for increased
Chinese adherence to international norms, especially
those concerning internationally recognized human
rights.
(2) Of particular concern to the United States
are the following:
(A) The accounting and release of political
prisoners.
(B) Access to Chinese prisoners by inter-
national humanitarian organizations.
(C) Negotiations between the Chinese Gov-
ernment and the Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Gov-
ernment on human rights issues should continue and
be intensified.
(4) As he considers appropriate, the President
should use other available modes of official inter-
action with China to pursue initiatives that are rel-
evant to promoting increased respect for human
rights in China.
(5) The United States should expand broadcast-
ing to China, through the Voice of America and
Radio Free Asia.
(6) The United States should work through
available multilateral fora, such as the United Na-
tions Human Rights Commission, to express con-
cerns about human rights in China and to encourage
Chinese adherence to, and compliance with, inter-
national human rights instruments. At all appro-
priate times, the United States should work toward
and support joint actions to address significant
problems. In particular, the United States should
seek to secure the participation of other govern-
ments in overtures to secure the accounting and re-
lease of political prisoners, to encourage access to
Chinese prisoners by international humanitarian or-
ganizations and negotiations between the Chinese
Government and the Dalai Lama.
(7) Where possible, the United States should
take further steps to foster in China the rule of law,
the creation of a civic society, and the emergence of
institutions that provide humane and effective gov-
ernance.
(8) To better carry out the recommendation in
paragraph (7), the Secretary of State should encour-
age United States posts in China to increase report-
ing on the human rights situation, the rule of law,
civil society, and other political developments in
China, and to increase appropriate contacts with do-
mestic nongovernmental organizations.
(9) United States non-governmental organiza-
tions should continue and expand activities that en-
courage the rule of law, the emergence of a civic so-
ciety, and the creation of institutions that provide
humane and effective governance.
(10) When considering the termination of the
suspensions of United States Government activities
enacted in section 902(a) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991, the
President should explore whether such terminations
could be used to elicit specific steps by the Chinese
government to enhance respect for internationally
recognized human rights or correct abuses of such
rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUP-
PORTING HUMAN RIGHTS IN CHINA.
(a) STATEMENT OF POLICY.—Concerning the pro-
motion of human rights in China, it shall be the policy
of the United States to promote the following objectives:
(1) An effective legal system, based on the rule
of law.
(2) Respect for internationally recognized
human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide hu-
mane and effective governance.
(b) FACTORS.—In determining how to carry out the
objectives stated in subsection (a), the President should
consider the following factors:
(1) The circumstances under which it is appro-
priate to provide support to organizations and indi-
viduals in China.
(2) The circumstances under which it is appro-
priate to provide financial support, including
through the following means:
(A) Directly by the United States Govern-
ment.
(B) Through United States nongovern-
mental organizations which have established a
sound record in China.
(3) The extent to which the objectives of sub-
section (a) should be promoted through exchanges,
technical assistance, grants to organizations, and
scholarships for advanced study in the United
States.
(4) How to assure accountability for funds pro-
vided by the United States Government.
(c) AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 1995.—
(1) Of the amounts authorized to be appro-
priated for education and cultural exchange pro-
grams of the United States Information Agency for
fiscal year 1995, up to $1,000,000 is authorized to
be available for programs to carry out the objectives
of subsection (a).
(2) In addition to such amounts as may other-
wise be made available for broadcasting to China for
fiscal year 1995, of the amounts authorized to be
appropriated for international broadcasting for fiscal
year 1995, an additional $5,000,000 may be used
for broadcasting to China .
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that
international humanitarian organizations undertake ac-
tivities in China related to the treatment of prisoners, the
President should make available an additional contribution
to those organizations to support such activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF
UNITED STATES BUSINESS IN CHINA.
(a) IN GENERAL.—Congress endorses President Clin-
ton’s efforts to work with the leaders of the United States
business community to develop voluntary principles that
could be adapted by United States companies doing busi-
ness in China to further advance human rights and com-
mends United States companies that have previously
adopted such principles or are considering taking such ac-
tion.
(b) OTHER COUNTRIES.—Congress urges the Presi-
dent to encourage other governments to adopt similar
principles to govern the activities of their business organi-
zations with activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enact-
ment of this Act and annually for the 2 subsequent years,
the President shall submit to the Speaker of the House
of Representatives and the Chairman of the Committee
on Foreign Relations of the Senate, a report (in a classi-
fied form in whole or in part as necessary) which reviews
for the preceding 12-month period those activities sup-
ported by the United States Government to promote the
objectives stated in section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United
States commission on law and society in the People’s Re-
public of China to undertake the following responsibilities
and such other duties as the President considers appro-
priate:
(1) To monitor developments in China with re-
spect to the following:
(A) The development of the Chinese legal
system.
(B) The emergence of civil society.
(C) The development of institutions that
provide humane and effective governance.
(2) To engage in an ad hoc dialogue with Chi-
nese individuals and nongovernmental organizations
who have an interest in the subjects indicated in
paragraph (1).
(3) To report to the President and to the Con-
gress the commission’s findings regarding the sub-
jects identified in paragraph (1) and its discussions
with Chinese individuals and organizations concern-
ing those subjects.
(4) To make recommendations to the President
on United States policy toward China in promoting
the objectives identified in section 4(a).
(5) To assess and report to the President and
the Congress on whether the creation of a United
States-China Commission on Law and Society would
contribute to the objectives identified in section 4(a).
Passed the House of Representatives August 9,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 4590
AN ACT
Concerning United States efforts to promote re-
spect for internationally recognized human rights
in China.