China Policy Act of 1997

TABLE OF CONTENTS:

Title I: Sanctions

Title II: Human Rights, Religious Freedom, and Democracy in

China

Title III: National Security Matters

Title IV: Trade

Title V: Human Rights and Religious Freedom Worldwide

Title VI: Other Matters

China Policy Act of 1997 - Sets forth U.S. policy with respect to the People's Republic of China including to: (1) encourage freedom and democracy in China and to deter the Chinese Government from activities contrary to U.S. national security interests; (2) encourage the Chinese Government to make progress towards improving human rights conditions in China and Tibet; and (3) limit the use of U.S. taxpayer funds for the subsidization of China through multilateral development banks and U.S. programs.

Title I: Sanctions - Prohibits the Secretary of State (except in the case of a presidential waiver in the U.S. national interest) from issuing any visa to, and the Attorney General from admitting to the United States, certain high-ranking officials of the Chinese Government who have been involved in limiting the free exercise of religion and other human rights in China.

(Sec. 102) Requires votes by the appropriate U.S. Executive Directors to deny multilateral assistance by international development banks.

(Sec. 103) Directs the President to: (1) prohibit the importation into the United States of products (with specified exceptions) produced by any affiliate of the People's Liberation Army (PLA), the China Poly Group (also known as Polytechnologies Incorporated or BAOLI), and the China North Industries Group (Norinco); (2) direct the Secretary of State and the Attorney General to deny or impose restrictions on the entry into the United States of foreign nationals employed by such entities; (3) prohibit the issuance of licenses for U.S. Munitions List exports to such nationals or entities; (4) prohibit the export of controlled goods or technology to them; (5) direct the Export-Import Bank of the United States not to approve the issuance of credit to them; (6) prohibit U.S. nationals from issuing guarantees for loans or investments, or extending credit, to them; and (7) prohibit U.S. agencies and U.S. nationals from entering into any contract with such nationals or entities for the procurement of goods or services.

Requires the Director of Central Intelligence to report annually to appropriate Members of Congress on each PLA entity which transferred controlled goods or technology to any other entity.

Requires the Director of the Federal Bureau of Investigation to report annually to appropriate Members of Congress on each PLA entity which attempted to: (1) illegally import weapons or firearms into the United States; or (2) engage in military collection or espionage here under the cover of commercial business activity.

(Sec. 104) Expresses the sense of the Congress that the President should consult with major U.S. allies and trading partners in order to encourage them to adopt similar sanctions against China. Requires a report to the Congress on such consultations.

Title II: Human Rights, Religious Freedom, and Democracy in China - Sets forth findings with respect to human rights abuses, restrictions on religious freedom, and coercive family planning practices in China (including Tibet).

(Sec. 205) Authorizes appropriations for FY 1998 and 1999 for U.S. Customs Service and Department of State monitoring of Chinese exports of products made with slave labor to the United States. Requires the Commissioner of Customs and the Secretary to each report to Members of Congress on the manufacturing and exportation of such products.

Expresses the sense of the Congress that, in light of China's having substantially frustrated the purposes of the 1992 Memorandum of Understanding (MOU) with the United States on Prison Labor, the President should commence negotiations to replace the MOU with one providing for effective monitoring of forced labor in China, without restrictions on which prison labor camps international monitors visit.

(Sec. 206) Authorizes appropriations for FY 1998 for international broadcasting activities for Radio Free Asia (RFA) and Voice of America (VOA) broadcasting to China. Expresses the sense of the Congress that U.S. international broadcasting through RFA and VOA should be increased to provide 24-hour broadcasting in Chinese and Tibetan dialects, including Mandarin Chinese, Tibetan, and at least one other dialect.

(Sec. 207) Earmarks specified amounts of National Endowment for Democracy and United States Information Agency funds for FY 1998 for student, cultural, and legislative exchange activities in China.

(Sec. 209) Directs the Secretary to report annually to the Congress on family planning activities in China.

(Sec. 210) Expresses the sense of the Congress that: (1) the U.S. Government should increase efforts in the United Nations Human Rights Commission and other international fora to condemn gross violations of human rights by China; and (2) the President should vigorously lobby other countries for passage of future Commission resolutions on China's human rights record.

(Sec. 211) Expresses the sense of the Congress with respect to China's compliance with the Joint Declaration on Hong Kong.

Title III: National Security Matters - Sets forth findings on China with respect to: (1) the proliferation of ballistic missiles, weapons of mass destruction, and destabilizing advanced conventional weapons; (2) the evasion of U.S. export control laws; and (3) the inconsistent application of U.S. export control laws to it and Hong Kong.

(Sec. 306) Directs the President to require that no digital supercomputers may be exported or reexported to China without the prior approval of specified designated agency officials. Authorizes the export or reexport of such supercomputers to China only pursuant to a license issued by the Secretary of Commerce if any one of the designated officials does not approve its export or reexport.

(Sec. 307) Prohibits the Secretaries of State and of Commerce from approving an export license application for the export of a dual-use item to Hong Kong if U.S. officials are denied the opportunity to conduct a pre-license verification with respect to such items and their recipient. Requires applications for the export of such items to Hong Kong to be treated in the same manner as a request to export such items to China if: (1) U.S. officials are denied postshipment verification of the location, recipient, and end use of such items; and (2) such items have been diverted to China, a non-authorized end use, or to a recipient other than the one named in the application.

(Sec. 308) Declares that it is the policy of the United States that: (1) the delivery of 60 C-802 cruise missiles by China to Iran poses a threat to deployed U.S. forces in the Middle East and contributes materially to Iran's efforts to acquire destabilizing numbers of advanced conventional weapons; and (2) such delivery is a violation of the Iran-Iraq Arms Non-Proliferation Act of 1992. Imposes certain sanctions on China under such Act.

(Sec. 309) Expresses the sense of the Congress that: (1) transfers of certain missile equipment and technology by China pose a threat to the national security interests of the United States; (2) failure of the Clinton Administration to determine whether to impose sanctions for such transfers contributes to such threat; and (3) the President should initiate procedures necessary to determine whether sanctions should be imposed for such transfers. Requires a report to the Congress on the determination whether or not to impose such sanctions.

(Sec. 310) Requires specified reports to the Congress on: (1) PLA-owned entities; (2) PLA military modernization activities; and (3) Chinese intelligence activities directed against or affecting the interests of the United States.

(Sec. 312) Directs the Secretary of Defense to study, and report to specified congressional committees on, the architecture requirements for the establishment and operation of a theater ballistic missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu.

(Sec. 313) Expresses the sense of the Congress that: (1) current U.S. force levels in the Pacific Command Theater of Operations are necessary to continued peace and stability in that region; (2) any reductions in such force levels should only be done in close consultation with the Congress and with a clear understanding of their impact upon the U.S. capacity to fulfill its treaty obligations with other states in the region as well as its ability to deter potential aggression there; and (3) the annual report on U.S. national security strategy should include specific information on the adequacy of U.S. armed forces to support such strategy as it relates to China.

(Sec. 314) Expresses the sense of the Congress that the President and the Secretary of State should initiate negotiations with China and other Asian countries to establish a commission on matters relating to security and cooperation in Asia that would be modeled after the Commission on Security and Cooperation in Europe.

Title IV: Trade - Expresses the sense of the Congress that Taiwan should be admitted to the World Trade Organization upon meeting certain criteria.

Title V: Human Rights and Religious Freedom Worldwide - Amends the Immigration and Nationality Act to direct the Attorney General to establish a program to provide training on religious persecution to U.S. immigration officers. Directs the Secretary of State to report to specified congressional committees on religious persecution worldwide.

(Sec. 502) Directs the Secretary of State to establish the Prisoner Information Registry.

Title VI: Other Matters - Repeals the Center for Cultural and Technical Interchange Between East and West Act of 1960 (thereby terminating the Center for Cultural and Technical Interchange Between East and West).

(Sec. 601) Prohibits the use of United States Information Agency funds for such Center.