I
103D CONGRESS
1ST SESSION
H. R. 1991
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
MAY 5, 1993
Mr. SMITH of New Jersey (for himself, Mr. OBERSTAR, Mr. WOLF, Mr. LA-
FALCE, Mr. HYDE, and Mr. SOLOMON) introduced the following bill;
which was referred jointly to the Committees on Ways and Means, For-
eign Affairs, 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 AND POLICY.
(a) 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 employ a repressive ‘‘birth
quota’’ system, implemented by the use of forced
abortions and involuntary sterilizations.
(6) The Government of the People’s Republic of
China continues to use military and police forces to
intimidate and repress the Tibetan people seeking
political and religious freedom, and continues to vio-
late the provisions of the Fourth Geneva Convention
by encouraging the resettlement of large numbers of
Chinese in Tibet.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(b) POLICY.—It is the sense of the Congress that—
(1) with respect to the actions of the People’s
Republic of China in the areas of human rights,
weapons proliferation, and unfair trade practices,
the President should take such action as is necessary
to achieve the purposes of this Act, including—
(A) urging the Communist Chinese leaders
to release all political and religious prisoners in
China and Tibet, and to cease forcing the large-
scale influx of Chinese settlers into Tibet which
is threatening the survival of the Tibetan cul-
ture;
(B) conducting diplomatic negotiations
with the Government of the People’s Republic
of China to encourage them to allow inter-
national human rights and humanitarian orga-
nizations access to prisoners in China and
Tibet;
(C) directing the United States Trade Rep-
resentative to take necessary and appropriate
action pursuant to section 301 of the Trade Act
of 1974 and the Memorandum of Understand-
ing between the Governments of the United
States and People’s Republic of China concern-
ing market access, signed October 10, 1992,
with respect to the continuing unfair trade
practices of the People’s Republic of China that
are discriminatory and unreasonably restrict
United States commerce; and
(D) encouraging members of the Missile
Technology Control Regime and other countries
to develop a common policy concerning the Peo-
ple’s Republic of China’s transfer of missile
technology to other countries;
(2) sanctions being applied against the People’s
Republic of China on the date of the enactment of
this Act should be continued and strictly enforced;
and
(3) the President should direct the Secretary of
Commerce to consult with American business lead-
ers, having significant trade with or investments in
the People’s Republic of China, to encourage them
to adopt a voluntary code of conduct that—
(A) 
follows 
internationally 
recognized
human rights principles;
(B) ensures that the employment of Chi-
nese citizens is not discriminatory in terms of
sex, ethnic origin, or political belief;
(C) refrains from knowingly using prison
labor;
(D) recognizes workers right to organize
and bargain collectively; and
(E) discourages mandatory political indoc-
trination on business sites.
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) does not support or administer any program
of coercive abortion or involuntary sterilization;
(5) 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
(6) 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