(A) the advisability of continuing to extend most-favorednation (MFN) trade treatment to Chinese products; (B) all bilateral trade agreements between the United States and the People's Republic of China; (C) the bilateral commercial agreements governing Chinese-American cooperation on satellite launches; and (D) the Chinese-American Agreement for Cooperation on the Peaceful Uses of Atomic Energy, signed at Washington on July 23, 1985; (4) if systematic repression in China deepens, the President should consult (A) with the members of the group known as the Coordinating Committee (COCOM) for the purpose of reviewing the current favorable treatment accorded to high technology exports to the People's Republic of China; and (B) with the other signatories of the General Agreement on Tariffs and Trade (GATT) for the purpose of reviewing the People's Republic of China's observer status at meetings on GATT and reassessing the People's Republic of China's right to accede to GATT. SEC. 902.75 SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES. (a) SUSPENSIONS. (1) OVERSEAS PRIVATE INVESTMENT CORPORATION.-The Overseas Private Investment Corporation shall continue to suspend the issuance of any new insurance, reinsurance, guarantees, financing, or other financial support with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (2) TRADE AND DEVELOPMENT AGENCY.-The President shall suspend the obligation of funds under the Foreign Assistance Act of 1961 for any new activities of the Trade and Development Agency 76 with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (3) MUNITIONS EXPORT LICENSES. (A) The issuance of licenses under section 38 of the Arms Export Control Act for the export to the People's Republic of China of any defense article on the United States Munitions List, including helicopters and helicopter parts, shall continue to be suspended, subject to subparagraph (B), unless the President makes a report under subsection (b) (1) or (2) of this section. (B) The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People's Republic of China. 75 22 U.S.C. 2151 note. 76 Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided that "Any reference in any law to the Trade and Development Program shall be deemed to be a reference to the Trade and Development Agency.". (4) CRIME CONTROL AND DETECTION INSTRUMENTS AND EQUIPMENT.-The issuance of any license under section 6(k) of the Export Administration Act of 1979 for the export to the People's Republic of China of any crime control or detection instruments or equipment shall be suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (5) 77 EXPORT OF SATELLITES FOR LAUNCH BY THE PEOPLE'S REPUBLIC OF CHINA.-Exports of any satellite of United States origin that is intended for launch from a launch vehicle owned by the People's Republic of China shall remain suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (6) NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA. (A) Any (i) application for a license under the Export Administration Act of 1979 for the export to the People's Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978, could be of significance for nuclear explosive purposes, or which, in the judgment of the President, is likely to be diverted for use in such a facility, for any nuclear explosive device, or for research on or development of any nuclear explosive device, shall be suspended, (ii) application for a license for the export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended, (iii) approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and 77 Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 Stat. 1038) provided the following: SEC. 610. (a) No monies appropriated by this Act may be used to reinstate, or approve any export license applications for the launch of United States-built satellites on Soviet- or Chinesebuilt launch vehicles unless the President makes a report under subsection (b) or (c) of this section. "(b) The restriction on the approval of export licenses for United States-built satellites to the People's Republic of China for launch on Chinese-built launch vehicles is terminated if the President makes a report to the Congress that: "(1) the Government of the People's Republic of China has made progress on a program of political reform throughout the entire country which includes "(A) lifting of martial law; "(B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs; (C) release of political prisoners; "(D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and "(E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or "(c) It is in the national interest of the United States.". On December 19, 1989, the President reported in letters to the Speaker of the House of Representatives and President of the Senate the following: "Pursuant to the authority vested in me by section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (P.L. 101-162) ("the Act"), and as President of the United States, I hereby report that is in the national interest of the United States to lift the prohibition on reinstatement and approval of export licenses for the three United States-built AUSSAT and AsiaSat satellites for launch on Chinese-built launch vehicles.". (Weekly Compilation of Presidential Documents, volume 25, number 51, December 25, 1989, p. 1972] (iv) specific authorization for assistance in any activities with respect to the People's Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 shall not be given, until the conditions specified in subparagraph (B) are met. (B) Subparagraph (A) applies until— (i) the President certifies to the Congress that the People's Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices; (ii) the President makes the certifications and submits the report required by Public Law 99-183; and (iii) the President makes a report under subsection (b) (1) or (2) of this section. (C) For purposes of this paragraph, the term "Agreement" means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy (done on July 23, 1985). (7) LIBERALIZATION OF EXPORT CONTROLS. (A) The President shall negotiate with the governments participating in the group known as the Coordinating Committee (COCOM) to suspend, on a multilateral basis, any liberalization by the Coordinating Committee of controls on exports of goods and technology to the People's Republic of China under section 5 of the Export Administration Act of 1979, including— (i) the implementation of bulk licenses for exports to the People's Republic of China; and (ii) the raising of the performance levels of goods or technology_below which no authority or permission to export to the People's Republic of China would be required. (B) The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act or until the President makes a report under subsection (b) (1) or (2) of this section, whichever occurs first. (b) TERMINATION OF SUSPENSIONS.-A report referred to in subsection (a) is a report by the President to the Congress either (1) that the Government of the People's Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes (A) lifting of martial law; (B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs; (C) release of political prisoners; (D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and (E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or (2) 77 that it is in the national interest of the United States to terminate a suspension under subsection (a) (1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be. (c) REPORTING REQUIREMENT.-Sixty days after the date of enactment of this Act, the President shall submit to the Congress a report on (1) any steps taken by the Government of China to achieve the objectives described in subsection (b)(1); (2) the effect of multilateral sanctions on political and economic developments in China and on China's international economic relations; (3) the impact of the President's actions described in section 901(a)(9) and of the suspensions under subsection (a) of this section on (A) political and economic developments in China; (C) relations between the United States and China; and (D) the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power; (4) the status of programs and activities suspended under subsection (a); and (5) the additional measures taken by the President under section 901(c) if repression in China deepens. TITLE X-MISCELLANEOUS PROVISIONS SEC.78 1001. INCREASING AMOUNT OF REWARDS FOR COMBATTING TERRORISM * SEC. 1002. ASSIGNMENT OF COMMERCIAL OFFICERS TO THE UNITED STATES MISSION TO THE EUROPEAN COMMUNITY. Within 90 days of the date of enactment of this Act, the United States Foreign and Commercial Service shall assign to the United States Mission to the European Community in Brussels no less than three commercial officers and such other staff as may be necessary to support such officers. SEC. 1003. BUY-AMERICAN REQUIREMENT. (a) DETERMINATION BY SECRETARY OF STATE.-If the Secretary of State, with the concurrence of the United States Trade Representative and the Secretary of Commerce, determines that the public interest so requires, the Secretary of State is authorized to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm, if— 78 Sec. 1001 amended sec. 36(c) of the State Department Basic Authorities Act of 1956. For text, see page 42. (1) the final product of the domestic firm will be completely assembled in the United States; (2) when completely assembled, not less than 50 percent of the final product of the domestic firm will be domestically produced; and (3) the difference between the bids submitted by the foreign and domestic firms is not more than 6 percent. In determining under this subsection whether the public interest so requires, the Secretary of State shall take into account United States international obligations and trade relations. (b) LIMITED APPLICATION.-This section shall not apply to the extent to which— (1) such applicability would not be in the public interest; (2) compelling national security considerations require otherwise; or (3) the United States Trade Representative determines that such an award would be in violation of the General Agreement on Tariffs and Trade or an international agreement to which the United States is a party. (c) DEFINITIONS.-For purposes of this section (1) the term "domestic firm" means a business entity that is incorporated in the United States and that conducts business operations in the United States; and (2) the term "foreign firm" means a business entity not described in paragraph (1). (d) APPLICABILITY OF PROVISION.-This section shall apply only to contracts for which (1) amounts are authorized to be made available by this Act; and (2) solicitations for bids are issued after the date of the enactment of this Act. SEC. 1004. SUPPORT FOR THE BENJAMIN FRANKLIN HOUSE MUSEUM AND LIBRARY. (a) FINDINGS.-The Congress finds that (1) the former London residence of Benjamin Franklin is the only surviving home of Benjamin Franklin existing today and should be preserved to commemorate his great contributions to human liberty, science, and education; and (2) the Friends of Benjamin Franklin House and the American Franklin Friends Committee are twin charities dedicated to the restoration, preservation, and maintenance of the Benjamin Franklin House as a museum and library open to the public. (b) POLICY OF SUPPORT.-The Congress hereby (1) urges the people of the United States to recognize June 17, 1990, as the bicentennial of Benjamin Franklin's death and to celebrate Franklin's long and distinguished public service, his scientific and literary achievements, and his role as a Founding Father of our country; and (2) calls on the relevant agencies and departments of the Federal Government of the United States to recognize the important goals of the Friends of Benjamin Franklin House and the American Franklin Friends Committee. |