II Calendar No. 97 118th CONGRESS 1st Session S. 308 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Romney (for himself, Mr. Van Hollen , Mr. Sullivan , Mr. Cornyn , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations June 13, 2023 Reported by Mr. Menendez , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To end the treatment of the People’s Republic of China as a developing nation.

1. Short title This Act may be cited as the Ending China's Developing Nation Status Act . 2. Statement of policy It should be the policy of the United States— (1) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; and (2) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members. 3. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) Secretary The term Secretary means the Secretary of State. 4. Report on development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which— (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty. 5. Report on development status in existing organizations and treaties Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying— (1) all international organizations or treaties, of which the United States is a member, that have different standards for enforcement based on the development status of the member states; and (2) for each of the organizations or treaties identified pursuant to paragraph (1), the Secretary shall provide a list of countries that— (A) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (B) meet the World Bank classification for upper middle income or high-income countries. 6. Mechanisms for changing development status (a) In general In any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.

1. Short title This Act may be cited as the Ending China's Developing Nation Status Act . 2. Finding; statement of policy (a) Finding Congress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though it has grown to be the second largest economy in the world. (b) Statement of policy It is the policy of the United States— (1) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (2) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (3) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2). 3. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) Secretary The term Secretary means the Secretary of State. 4. Report on development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all current treaty negotiations in which— (A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and (B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and (2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties. 5. Report on development status in existing organizations and treaties Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; (2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and (3) for each of the organizations or treaties identified pursuant to paragraph (1)— (A) includes a list of countries that— (i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (ii) meet the World Bank classification for upper middle income or high-income countries; and (B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties. 6. Mechanisms for changing development status (a) In general In any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.

June 13, 2023 Reported with an amendment