What This Bill Does
This bill directs the U.S. government to oppose treating China as a developing nation in international agreements and organizations. It requires the Secretary of State (the chief diplomat) to work toward changing China's classification from developing nation to developed nation in international groups where both the U.S. and China are members.
Who It Affects
The Secretary of State and the diplomatic staff who negotiate international treaties and work within international organizations. Congress committees that oversee foreign relations will receive reports about this issue.
Key Provisions
- The U.S. government must oppose calling China a developing nation in current and future treaty talks and in international organizations where both countries are members (Sec. 2)
- The Secretary of State must report within 180 days identifying all ongoing treaty negotiations that set different rules based on whether a country is developing or developed, if China is participating or might join (Sec. 4)
- The Secretary of State must report within 180 days identifying international organizations and treaties the U.S. belongs to that treat developing and developed nations differently, and must list which countries are labeled as developing but are actually wealthy by World Bank standards (Sec. 5)
- The Secretary of State must pursue either changing China's status to developed nation if the organization allows it, or propose creating a way to make that change (Sec. 6)
- The President can skip these requirements if he notifies Congress that doing so serves U.S. national interests (Sec. 6)
What Changes
If this becomes law, the U.S. government must actively work to reclassify China from a developing nation to a developed nation in international organizations. This could affect what special benefits or exceptions China receives in international agreements based on developing nation status.
Important Definitions
- "Secretary" means the Secretary of State (Sec. 3)
- "Appropriate committees of Congress" means the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs (Sec. 3)
Effective Date
Not specified in bill text
II
Calendar No. 97
118TH CONGRESS
1ST SESSION
S. 308
To end the treatment of the People’s Republic of China as a developing
nation.
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Ending China’s Devel-
4
oping Nation Status Act’’.
5
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•S 308 RS
SEC. 2. STATEMENT OF POLICY.
1
It should be the policy of the United States—
2
(1) to oppose the labeling or treatment of the
3
People’s Republic of China as a developing nation in
4
current and future treaty negotiations and in each
5
international
organization
of
which
the
United
6
States and the People’s Republic of China are both
7
current members; and
8
(2) to pursue the labeling or treatment of the
9
People’s Republic of China as a developed nation in
10
each international organization of which the United
11
States and the People’s Republic of China are both
12
current members.
13
SEC. 3. DEFINITIONS.
14
In this Act:
15
(1)
APPROPRIATE
COMMITTEES
OF
CON-
16
GRESS.—The term ‘‘appropriate committees of Con-
17
gress’’ means—
18
(A) the Committee on Foreign Relations of
19
the Senate; and
20
(B) the Committee on Foreign Affairs of
21
the House of Representatives.
22
(2) SECRETARY.—The term ‘‘Secretary’’ means
23
the Secretary of State.
24
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•S 308 RS
SEC. 4. REPORT ON DEVELOPMENT STATUS IN CURRENT
1
TREATY NEGOTIATIONS.
2
Not later than 180 days after the date of the enact-
3
ment of this Act, the Secretary shall submit a report to
4
the appropriate committees of Congress identifying all
5
current treaty negotiations in which—
6
(1)
the
proposed
treaty
develops
different
7
standards for the enforcement of the treaty based on
8
the development status of the member states of the
9
treaty; and
10
(2) the People’s Republic of China is under con-
11
sideration for becoming a party to the treaty.
12
SEC. 5. REPORT ON DEVELOPMENT STATUS IN EXISTING
13
ORGANIZATIONS AND TREATIES.
14
Not later than 180 days after the date of the enact-
15
ment of this Act, the Secretary shall submit a report to
16
the appropriate committees of Congress identifying—
17
(1) all international organizations or treaties, of
18
which the United States is a member, that have dif-
19
ferent standards for enforcement based on the devel-
20
opment status of the member states; and
21
(2) for each of the organizations or treaties
22
identified pursuant to paragraph (1), the Secretary
23
shall provide a list of countries that—
24
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•S 308 RS
(A) are labeled as developing nations or re-
1
ceive the benefits of a developing nation under
2
the terms of the organization or treaty; and
3
(B) meet the World Bank classification for
4
upper middle income or high-income countries.
5
SEC. 6. MECHANISMS FOR CHANGING DEVELOPMENT STA-
6
TUS.
7
(a) IN GENERAL.—In any international organization
8
of which the United States and the People’s Republic of
9
China are both current members, the Secretary shall pur-
10
sue—
11
(1) changing the status of the People’s Republic
12
of China from developing nation to developed nation
13
if a mechanism exists in such organization to make
14
such status change; or
15
(2) proposing the development of a mechanism
16
described in paragraph (1) to change the status of
17
the People’s Republic of China in such organization
18
from developing nation to developed nation.
19
(b) WAIVER.—The President may waive the applica-
20
tion of paragraph (1) or (2) of subsection (a) with respect
21
to any international organization if the President notifies
22
the appropriate committees of Congress that such a waiver
23
is in the national interests of the United States.
24
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•S 308 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Ending China’s Devel-
2
oping Nation Status Act’’.
3
SEC. 2. FINDING; STATEMENT OF POLICY.
4
(a) FINDING.—Congress finds that the People’s Repub-
5
lic of China is still classified as a developing nation under
6
multiple treaties and international organization structures,
7
even though it has grown to be the second largest economy
8
in the world.
9
(b) STATEMENT OF POLICY.—It is the policy of the
10
United States—
11
(1) to oppose the labeling or treatment of the
12
People’s Republic of China as a developing nation in
13
current and future treaty negotiations and in each
14
international organization of which the United States
15
and the People’s Republic of China are both current
16
members;
17
(2) to pursue the labeling or treatment of the
18
People’s Republic of China as a developed nation in
19
each international organization of which the United
20
States and the People’s Republic of China are both
21
current members; and
22
(3) to work with allies and partners of the
23
United States to implement the policies described in
24
paragraphs (1) and (2).
25
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•S 308 RS
SEC. 3. DEFINITIONS.
1
In this Act:
2
(1) APPROPRIATE COMMITTEES OF CONGRESS.—
3
The term ‘‘appropriate committees of Congress’’
4
means—
5
(A) the Committee on Foreign Relations of
6
the Senate; and
7
(B) the Committee on Foreign Affairs of the
8
House of Representatives.
9
(2) SECRETARY.—The term ‘‘Secretary’’ means
10
the Secretary of State.
11
SEC. 4. REPORT ON DEVELOPMENT STATUS IN CURRENT
12
TREATY NEGOTIATIONS.
13
Not later than 180 days after the date of the enactment
14
of this Act, the Secretary shall submit a report to the appro-
15
priate committees of Congress that—
16
(1) identifies all current treaty negotiations in
17
which—
18
(A) the proposed treaty would provide for
19
different treatment or standards for enforcement
20
of the treaty based on respective development sta-
21
tus of the states that are party to the treaty; and
22
(B) the People’s Republic of China is ac-
23
tively participating in the negotiations, or it is
24
reasonably foreseeable that the People’s Republic
25
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•S 308 RS
of China would seek to become a party to the
1
treaty; and
2
(2) for each treaty negotiation identified pursu-
3
ant to paragraph (1), describes how the treaty under
4
negotiation would provide different treatment or
5
standards for enforcement of the treaty based on de-
6
velopment status of the states parties.
7
SEC. 5. REPORT ON DEVELOPMENT STATUS IN EXISTING
8
ORGANIZATIONS AND TREATIES.
9
Not later than 180 days after the date of the enactment
10
of this Act, the Secretary shall submit a report to the appro-
11
priate committees of Congress that—
12
(1) identifies all international organizations or
13
treaties, of which the United States is a member, that
14
provide different treatment or standards for enforce-
15
ment based on the respective development status of the
16
member states or states parties;
17
(2) describes the mechanisms for changing the
18
country designation for each relevant treaty or orga-
19
nization; and
20
(3) for each of the organizations or treaties iden-
21
tified pursuant to paragraph (1)—
22
(A) includes a list of countries that—
23
(i) are labeled as developing nations or
24
receive the benefits of a developing nation
25
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•S 308 RS
under the terms of the organization or trea-
1
ty; and
2
(ii) meet the World Bank classification
3
for upper middle income or high-income
4
countries; and
5
(B) describes how the organization or treaty
6
provides different treatment or standards for en-
7
forcement based on development status of the
8
member states or states parties.
9
SEC. 6. MECHANISMS FOR CHANGING DEVELOPMENT STA-
10
TUS.
11
(a) IN GENERAL.—In any international organization
12
of which the United States and the People’s Republic of
13
China are both current members, the Secretary, in consulta-
14
tion with allies and partners of the United States, shall
15
pursue—
16
(1) changing the status of the People’s Republic
17
of China from developing nation to developed nation
18
if a mechanism exists in such organization to make
19
such status change; or
20
(2) proposing the development of a mechanism
21
described in paragraph (1) to change the status of the
22
People’s Republic of China in such organization from
23
developing nation to developed nation.
24
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•S 308 RS
(b) WAIVER.—The President may waive the applica-
1
tion of paragraph (1) or (2) of subsection (a) with respect
2
to any international organization if the President notifies
3
the appropriate committees of Congress that such a waiver
4
is in the national interests of the United States.
5
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Calendar No. 97
118TH CONGRESS
1ST SESSION
S. 308
A BILL
To end the treatment of the People’s Republic of
China as a developing nation.
JUNE 13, 2023
Reported with an amendment
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