§ 6901. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6901]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 77--UNITED STATES-CHINA RELATIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 6901. Findings
The Congress finds the following:
(1) In 1980, the United States opened trade relations with the
People's Republic of China by entering into a bilateral trade
agreement, which was approved by joint resolution enacted pursuant
to section 2435(c) of title 19.
(2) Since 1980, the President has consistently extended
nondiscriminatory treatment to products of the People's Republic of
China, pursuant to his authority under section 2434 of title 19.
(3) Since 1980, the United States has entered into several
additional trade-related agreements with the People's Republic of
China, including a memorandum of understanding on market access in
1992, two agreements on intellectual property rights protection in
1992 and 1995, and an agreement on agricultural cooperation in 1999.
(4) Trade in goods between the People's Republic of China and
the United States totaled almost $95,000,000,000 in 1999, compared
with approximately $18,000,000,000 in 1989, representing growth of
approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with the
People's Republic of China has grown from approximately
$6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of
over 1,000 percent.
(6) The People's Republic of China currently restricts imports
through relatively high tariffs and nontariff barriers, including
import licensing, technology transfer, and local content
requirements.
(7) United States businesses attempting to sell goods to markets
in the People's Republic of China have complained of uneven
application of tariffs, customs procedures, and other laws, rules,
and administrative measures affecting their ability to sell their
products in the Chinese market.
(8) On November 15, 1999, the United States and the People's
Republic of China concluded a bilateral agreement concerning terms
of the People's Republic of China's eventual accession to the World
Trade Organization.
(9) The commitments that the People's Republic of China made in
its November 15, 1999, agreement with the United States promise to
eliminate or greatly reduce the principal barriers to trade with and
investment in the People's Republic of China, if those commitments
are effectively complied with and enforced.
(10) The record of the People's Republic of China in
implementing trade-related commitments has been mixed. While the
People's Republic of China has generally met the requirements of the
1992 market access memorandum of understanding and the 1992 and 1995
agreements on intellectual property rights protection, other
measures remain in place or have been put into place which tend to
diminish the benefit to United States businesses, farmers, and
workers from the People's Republic of China's implementation of
those earlier commitments. Notably, administration of tariff-rate
quotas and other trade-related laws remains opaque, new local
content requirements have proliferated, restrictions on importation
of animal and plant products are not always supported by sound
science, and licensing requirements for importation and distribution
of goods remain common. Finally, the Government of the People's
Republic of China has failed to cooperate with the United States
Customs Service in implementing a 1992 memorandum of understanding
prohibiting trade in products made by prison labor.
(11) The human rights record of the People's Republic of China
is a matter of very serious concern to the Congress. The Congress
notes that the Department of State's 1999 Country Reports on Human
Rights Practices for the People's Republic of China finds that
``[t]he Government's poor human rights record deteriorated markedly
throughout the year, as the Government intensified efforts to
suppress dissent, particularly organized dissent.''.
(12) The Congress deplores violations by the Government of the
People's Republic of China of human rights, religious freedoms, and
worker rights that are referred to in the Department of State's 1999
Country Reports on Human Rights Practices for the People's Republic
of China, including the banning of the Falun Gong spiritual
movement, denial in many cases, particularly politically sensitive
ones, of effective representation by counsel and public trials,
extrajudicial killings and torture, forced abortion and
sterilization, restriction of access to Tibet and Xinjiang,
perpetuation of ``reeducation through labor'', denial of the right
of workers to organize labor unions or bargain collectively with
their employers, and failure to implement a 1992 memorandum of
understanding prohibiting trade in products made by prison labor.
(Pub. L. 106-286, div. B, title II, Sec. 202, Oct. 10, 2000, 114 Stat.
892.)
Short Title
Pub. L. 106-286, div. B, title II, Sec. 201(a), Oct. 10, 2000, 114
Stat. 891, provided that: ``This division [enacting this chapter] may be
cited as the `U.S.-China Relations Act of 2000'.''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Monitoring of Implementation of 1979 Agreement Between the United States
and China on Cooperation in Science and Technology
Pub. L. 107-314, div. A, title XII, Sec. 1207, Dec. 2, 2002, 116
Stat. 2666, provided that:
``(a) In General.--The Secretary of State shall--
``(1) monitor the implementation of the Agreement specified in
subsection (c);
``(2) keep a systematic account of the protocols to the
Agreement;
``(3) coordinate the activities of all agencies of the United
States Government that carry out cooperative activities under the
Agreement; and
``(4) ensure that all activities conducted under the Agreement
comply with applicable laws and regulations concerning the transfer
of militarily sensitive technologies and dual-use technologies.
``(b) Responsibilities of the Office of Science and Technology
Cooperation.--Except as otherwise provided by the Secretary of State,
the functions of the Secretary under this section shall be carried out
through the Director of the Office of Science and Technology Cooperation
of the Department of State.
``(c) Agreement Defined.--For purposes of this section, the term
`Agreement' means the agreement between the United States and the
People's Republic of China known as the `Agreement between the
Government of the United States of America and the Government of the
People's Republic of China on Cooperation in Science and Technology',
signed in Washington on January 31, 1979, and its protocols.
``(d) Biennial Report to Congress.--(1) Not later than April 1 of
each even-numbered year, the Secretary of State shall submit to Congress
a report on the implementation of the Agreement and on activities under
the Agreement. Each such report shall be submitted in both classified
and unclassified form, as necessary.
``(2) Each report under this subsection shall provide an evaluation
of the benefits of the Agreement to the economy, to the military, and to
the industrial base of the People's Republic of China and shall include
the following:
``(A) An accounting of all activities conducted under the
Agreement since the previous report (or, in the case of the first
report, since the Agreement was entered into) and a projection of
activities to be undertaken under the Agreement during the next two
years.
``(B) An estimate of the costs to the United States to
administer the Agreement during the period covered by the report.
``(C) An assessment of how the Agreement has influenced the
foreign and domestic policies of the People's Republic of China and
the policy of the People's Republic of China toward scientific and
technological cooperation with the United States.
``(D) An analysis by the Director of Central Intelligence of the
involvement of military specialists, weapons specialists, and
intelligence specialists of the People's Republic of China in the
activities of the Joint Commission established under the Agreement
and in other activities conducted under the Agreement.
``(E) A determination by the Secretary of Defense, developed
with the assistance of the Director of Central Intelligence, of the
extent to which the activities conducted under the Agreement have
enhanced the military and defense industrial base of the People's
Republic of China, and an assessment of the effect that projected
activities under the Agreement for the next two years, including the
transfer of technology and know-how, could have on the economic and
military capabilities of the People's Republic of China.
``(F) An assessment by the Inspector General of the Department
of Commerce of--
``(i) the extent to which programs or activities carried out
under the Agreement provide access to technology, information,
or know-how that could enhance military capabilities of the
People's Republic of China; and
``(ii) the extent to which those programs or activities are
carried out in compliance with export control laws and
regulations of the United States, especially those laws and
regulations governing so-called `deemed exports'.
``(G) Any recommendations of the Secretary of State, Secretary
of Defense, or Director of Central Intelligence for improving the
monitoring of the activities of the Joint Commission established
under the Agreement.
``(3) The Secretary of State shall prepare each report under this
subsection in consultation with the Secretary of Defense, the Secretary
of Energy, the Director of Central Intelligence, the Director of the
Federal Bureau of Investigation, and the Director of the National
Science Foundation.
``(e) Interagency Working Group.--The President shall establish an
interagency working group to oversee the implementation of the Agreement
by departments and agencies of the United States. The working group
shall consist of representatives of such departments, agencies, and
offices of the executive branch as the President considers appropriate.
The working group shall perform the following functions:
``(1) Assisting the Secretary of State and other appropriate
officials in setting standards under the Agreement for science and
technology transfers between the United States and the People's
Republic of China.
``(2) Monitoring ongoing programs and activities under the
Agreement and recommending future programs and activities under the
Agreement.
``(3) Developing a comprehensive database of all government-to-
government programs and United States Government-funded programs
under the Agreement.
``(4) Coordinating activities under the Agreement between United
States Government agencies, including elements of the intelligence
community, as appropriate.''
Tibetan Policy
Pub. L. 107-228, div. A, title VI, subtitle B, Sept. 30, 2002, 116
Stat. 1396, provided that:
``SEC. 611. SHORT TITLE.
``This subtitle may be cited as `Tibetan Policy Act of 2002'.
``SEC. 612. STATEMENT OF PURPOSE.
``The purpose of this subtitle is to support the aspirations of the
Tibetan people to safeguard their distinct identity.
``SEC. 613. TIBET NEGOTIATIONS.
``(a) Policy.--
``(1) In general.--The President and the Secretary should
encourage the Government of the People's Republic of China to enter
into a dialogue with the Dalai Lama or his representatives leading
to a negotiated agreement on Tibet.
``(2) Compliance.--After such an agreement is reached, the
President and the Secretary should work to ensure compliance with
the agreement.
``(b) Periodic Reports.--Not later than 180 days after the date of
the enactment of this Act [Sept. 30, 2002], and every 12 months
thereafter, the President shall transmit to the appropriate
congressional committees a report on--
``(1) the steps taken by the President and the Secretary in
accordance with subsection (a)(1); and
``(2) the status of any discussions between the People's
Republic of China and the Dalai Lama or his representatives.
``SEC. 614. REPORTING ON TIBET.
``Whenever a report is transmitted to Congress under section 116 or
502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m [2151n],
2304) or under section 102(b) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6412(b)), Tibet shall be included in such report as a
separate section.
``SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA.
[Amended section 6912 of this title.]
``SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.
``(a) Declarations of Policy.--It is the policy of the United States
to support economic development, cultural preservation, health care, and
education and environmental sustainability for Tibetans inside Tibet. In
support of this policy, the United States shall use its voice and vote
to support projects designed in accordance with the principles contained
in subsection (d) that are designed to raise the standard of living for
the Tibetan people and assist Tibetans to become self-sufficient.
``(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support projects in Tibet, if the projects are designed
in accordance with the principles contained in subsection (d).
``(c) Export-Import Bank and TDA.--The Export-Import Bank of the
United States and the Trade and Development Agency should support
projects proposed to be funded or otherwise supported by such entities
in Tibet, if the projects are designed in accordance with the principles
contained in subsection (d).
``(d) Tibet Project Principles.--Projects in Tibet supported by
international financial institutions, other international organizations,
nongovernmental organizations, and the United States entities referred
to in subsection (c), should--
``(1) be implemented only after conducting a thorough assessment
of the needs of the Tibetan people through field visits and
interviews;
``(2) be preceded by cultural and environmental impact
assessments;
``(3) foster self-sufficiency and self-reliance of Tibetans;
``(4) promote accountability of the development agencies to the
Tibetan people and active participation of Tibetans in all project
stages;
``(5) respect Tibetan culture, traditions, and the Tibetan
knowledge and wisdom about their landscape and survival techniques;
``(6) be subject to on-site monitoring by the development
agencies to ensure that the intended target group benefits;
``(7) be implemented by development agencies prepared to use
Tibetan as the working language of the projects;
``(8) neither provide incentive for, nor facilitate the
migration and settlement of, non-Tibetans into Tibet; and
``(9) neither provide incentive for, nor facilitate the transfer
of ownership of, Tibetan land or natural resources to non-Tibetans.
``SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
``The President and the Secretary, in meetings with representatives
of the Government of the People's Republic of China, should--
``(1) request the immediate and unconditional release of all
those held prisoner for expressing their political or religious
views in Tibet;
``(2) seek access for international humanitarian organizations
to prisoners in Tibet to ensure that prisoners are not being
mistreated and are receiving necessary medical care; and
``(3) seek the immediate medical parole of Tibetan prisoners
known to be in serious ill health.
``SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
``The Secretary should make best efforts to establish an office in
Lhasa, Tibet, to monitor political, economic, and cultural developments
in Tibet.
``SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
``The Secretary shall ensure that Tibetan language training is
available to Foreign Service officers, and that every effort is made to
ensure that a Tibetan-speaking Foreign Service officer is assigned to a
United States post in the People's Republic of China responsible for
monitoring developments in Tibet.
``SEC. 620. RELIGIOUS PERSECUTION IN TIBET.
``(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6414), the United
States Ambassador to the People's Republic of China should--
``(1) meet with the 11th Panchen Lama, who was taken from his
home on May 17, 1995, and otherwise ascertain information concerning
his whereabouts and well-being; and
``(2) request that the Government of the People's Republic of
China release the 11th Panchen Lama and allow him to pursue his
religious studies without interference and according to tradition.
``(b) Promotion of Increased Advocacy.--Pursuant to section 108(a)
of the International Religious Freedom Act of 1998 (22 U.S.C. 6417(a)),
it is the sense of Congress that representatives of the United States
Government in exchanges with officials of the Government of the People's
Republic of China should call for and otherwise promote the cessation of
all interference by the Government of the People's Republic of China or
the Communist Party in the religious affairs of the Tibetan people.
``SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
``(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department a United States Special Coordinator for
Tibetan Issues (in this section referred to as the `Special
Coordinator').
``(b) Consultation.--The Secretary shall consult with the chairmen
and ranking minority members of the appropriate congressional committees
prior to the designation of the Special Coordinator.
``(c) Central Objective.--The central objective of the Special
Coordinator is to promote substantive dialogue between the Government of
the People's Republic of China and the Dalai Lama or his
representatives.
``(d) Duties and Responsibilities.--The Special Coordinator shall--
``(1) coordinate United States Government policies, programs,
and projects concerning Tibet;
``(2) vigorously promote the policy of seeking to protect the
distinct religious, cultural, linguistic, and national identity of
Tibet, and pressing for improved respect for human rights;
``(3) maintain close contact with religious, cultural, and
political leaders of the Tibetan people, including regular travel to
Tibetan areas of the People's Republic of China, and to Tibetan
refugee settlements in India and Nepal;
``(4) consult with Congress on policies relevant to Tibet and
the future and welfare of the Tibetan people;
``(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated solution for
Tibet; and
``(6) take all appropriate steps to ensure adequate resources,
staff, and bureaucratic support to fulfill the duties and
responsibilities of the Special Coordinator.''
[For definitions of ``Secretary'' and ``appropriate congressional
committees'' as used in subtitle B of title VI of div. A of Pub. L. 107-
228, set out above, see section 3 of Pub. L. 107-228, set out as a note
under section 2651 of this title.]
Policy of the United States With Respect to Macau
Pub. L. 106-570, title II, Dec. 27, 2000, 114 Stat. 3040, provided
that:
``SEC. 201. SHORT TITLE.
``This title may be cited as the `United States-Macau Policy Act of
2000'.
``SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.
``(a) Findings and Declarations.--Congress makes the following
findings and declarations:
``(1) The continued economic prosperity of Macau furthers United
States interests in the People's Republic of China and Asia.
``(2) Support for democratization is a fundamental principle of
United States foreign policy, and as such, that principle naturally
applies to United States policy toward Macau.
``(3) The human rights of the people of Macau are of great
importance to the United States and are directly relevant to United
States interests in Macau.
``(4) A fully successful transition in the exercise of
sovereignty over Macau must continue to safeguard human rights in
and of themselves.
``(5) Human rights also serve as a basis for Macau's continued
economic prosperity, and Congress takes note of Macau's adherence to
the International Covenant on Civil and Political Rights and the
International Convention on Economic, Social, and Cultural Rights.
``(b) Sense of Congress.--It is the sense of Congress that--
``(1) the United States should play an active role in
maintaining Macau's confidence and prosperity, Macau's unique
cultural heritage, and the mutually beneficial ties between the
people of the United States and the people of Macau;
``(2) through its policies, the United States should contribute
to Macau's ability to maintain a high degree of autonomy in matters
other than defense and foreign affairs as promised by the People's
Republic of China and the Republic of Portugal in the Joint
Declaration, particularly with respect to such matters as trade,
commerce, law enforcement, finance, monetary policy, aviation,
shipping, communications, tourism, cultural affairs, sports, and
participation in international organizations, consistent with the
national security and other interests of the United States; and
``(3) the United States should actively seek to establish and
expand direct bilateral ties and agreements with Macau in economic,
trade, financial, monetary, mutual legal assistance, law
enforcement, communication, transportation, and other appropriate
areas.
``SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.
``(a) Continued Application.--
``(1) In general.--Notwithstanding any change in the exercise of
sovereignty over Macau, and subject to subsections (b) and (c), the
laws of the United States shall continue to apply with respect to
Macau in the same manner as the laws of the United States were
applied with respect to Macau before December 20, 1999, unless
otherwise expressly provided by law or by Executive order issued
pursuant to paragraph (2).
``(2) Exception.--Whenever the President determines that Macau
is not sufficiently autonomous to justify treatment under a
particular law of the United States, or any provision thereof,
different from that accorded the People's Republic of China, the
President may issue an Executive order suspending the application of
paragraph (1) to such law or provision of law. The President shall
promptly notify the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of
the Senate concerning any such determination and shall publish the
Executive order in the Federal Register.
``(b) Export Controls.--
``(1) In general.--The export control laws, regulations, and
practices of the United States shall apply to Macau in the same
manner and to the same extent that such laws, regulations, and
practices apply to the People's Republic of China, and in no case
shall such laws, regulations, and practices be applied less
restrictively to exports to Macau than to exports to the People's
Republic of China.
``(2) Rule of construction.--Paragraph (1) shall not be
construed as prohibiting the provision of export control assistance
to Macau.
``(c) International Agreements.--
``(1) In general.--Subject to subsection (b) and paragraph (2),
for all purposes, including actions in any court of the United
States, Congress approves of the continuation in force after
December 20, 1999, of all treaties and other international
agreements, including multilateral conventions, entered into before
such date between the United States and Macau, or entered into force
before such date between the United States and the Republic of
Portugal and applied to Macau, unless or until terminated in
accordance with law.
``(2) Exception.--If, in carrying out this subsection, the
President determines that Macau is not legally competent to carry
out its obligations under any such treaty or other international
agreement, or that the continuation of Macau's obligations or rights
under any such treaty or other international agreement is not
appropriate under the circumstances, the President shall take
appropriate action to modify or terminate such treaty or other
international agreement. The President shall promptly notify the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate concerning such
determination.
``SEC. 204. REPORTING REQUIREMENT.
``(a) In General.--Not later than 90 days after the date of the
enactment of this Act [Dec. 27, 2000], and not later than March 31 of
each of the years 2001, 2002, and 2003, the Secretary of State shall
transmit to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on conditions in Macau of interest to the United States. The
report shall describe--
``(1) significant developments in United States relations with
Macau, including any determination made under section 203;
``(2) significant developments related to the change in the
exercise of sovereignty over Macau affecting United States interests
in Macau or United States relations with Macau and the People's
Republic of China;
``(3) the development of democratic institutions in Macau;
``(4) compliance by the Government of the People's Republic of
China and the Government of the Republic of Portugal with their
obligations under the Joint Declaration; and
``(5) the nature and extent of Macau's participation in
multilateral forums.
``(b) Separate Part of Country Reports.--Whenever a report is
transmitted to Congress on a country-by-country basis, there shall be
included in such report, where applicable, a separate subreport on Macau
under the heading of the country that exercises sovereignty over Macau.
``SEC. 205. DEFINITIONS.
``In this title:
``(1) Joint declaration.--The term `Joint Declaration' means the
Joint Declaration of the Government of the People's Republic of
China and the Government of the Republic of Portugal on the Question
of Macau, dated April 13, 1987.
``(2) Macau.--The term `Macau' means the territory that prior to
December 20, 1999, was the Portuguese Dependent Territory of Macau
and after December 20, 1999, became the Macau Special Administrative
Region of the People's Republic of China.''
