text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``United States-Macau Policy Act of 
  1999''.
  
  SEC. 2. FINDINGS AND DECLARATIONS.
  
      The Congress makes the following findings and declarations:
              (1) The Congress recognizes that under the April 13, 1987, 
          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--
                      (A) the People's Republic of China and the Republic 
                  of Portugal have agreed that the People's Republic of 
                  China will resume the exercise of sovereignty over 
                  Macau on December 20, 1999, and until that time, 
                  Portugal will be responsible for the administration of 
                  Macau;
                      (B) the Macau Special Administrative Region of the 
                  People's Republic of China, beginning on December 20, 
                  1999, will continue to enjoy a high degree of autonomy 
                  on all matters other than defense and foreign affairs;
                      (C) there is provision for implementation of a 
                  ``one country, two systems'' policy, under which Macau 
                  will retain its current lifestyle and legal, social, 
                  and economic systems until at least the year 2049;
                      (D) the legislature of the Macau Special 
                  Administrative Region has been constituted by 
                  elections; and
                      (E) provision is made for the continuation in force 
                  of agreements implemented as of December 20, 1999, and 
                  for the ability of the Macau Special Administrative 
                  Region to conclude new agreements.
              (2) The Congress declares its wish to see full 
          implementation of the provisions of the Joint Declaration.
              (3) The Congress supports the policies and decisions 
          reflected in the Joint Declaration.
              (4) It is the sense of the Congress that--
                      (A) Macau's continued economic prosperity furthers 
                  United States interests in the People's Republic of 
                  China and Asia;
                      (B) 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, now and after December 19, 1999; 
                  and
                      (C)(i) 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;
                      (ii) a fully successful transition in the exercise 
                  of sovereignty over Macau must safeguard human rights 
                  in and of themselves; and
                      (iii) human rights also serve as a basis for 
                  Macau's continued economic prosperity.
  
  SEC. 3. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``Macau'' means, prior to December 20, 1999, 
          the Portuguese Dependent Territory of Macau, and on and after 
          December 20, 1999, the Macau Special Administrative Region of 
          the People's Republic of China;
              (2) 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, of April 13, 1987; and
              (3) the term ``laws of the United States'' means provisions 
          of law enacted by the Congress.
  
                              TITLE I--POLICY
  
  SEC. 101. SENSE OF CONGRESS.
  
      It is the sense of the Congress that--
              (1) the United States should play an active role before, 
          on, and after December 20, 1999, 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; and
              (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.
  
             TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW
  
  SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.
  
      (a) 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, on and after December 20, 1999, in the same manner as the laws 
  of the United States were applied with respect to Macau before such 
  date unless otherwise expressly provided by law or by Executive order 
  under section 202.
      (b) International Agreements.--For all purposes, including actions 
  in any court of the United States, the Congress approves of the 
  continuation in force on and 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. If, in carrying out this title, 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 promptly notify the Committee on 
  International Relations of the House of Representatives and the 
  Committee on Foreign Relations of the Senate concerning such 
  determination, and shall take appropriate action to modify or terminate 
  such treaty or other international agreement.
      (c) Export Controls.--Notwithstanding subsection (a) or any other 
  provision of law, the President shall establish with respect to Macau, 
  within 90 days after the date of the enactment of this Act, such export 
  control policies and regulations as he determines to be advisable in 
  the national security interests of the United States.
  
  SEC. 202. PRESIDENTIAL ORDER.
  
      (a) Presidential Determination.--On or after December 20, 1999, 
  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 section 201(a) 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.
      (b) Factor for Consideration.--In making a determination under 
  subsection (a) with respect to the application of a law of the United 
  States, or any provision thereof, to Macau, the President should 
  consider the terms, obligations, and expectations expressed in the 
  Joint Declaration with respect to Macau.
      (c) Publication in Federal Register.--Any Executive order issued 
  under subsection (a) shall be published in the Federal Register and 
  shall specify the law or provision of law affected by the order.
      (d) Termination of Suspension.--An Executive order issued under 
  subsection (a) may be terminated by the President with respect to a 
  particular law or provision of law whenever the President determines 
  that Macau has regained sufficient autonomy to justify treatment under 
  the law or provision of law in question. Notice of any such termination 
  shall be published in the Federal Register.
  
  SEC. 203. RULES AND REGULATIONS.
  
      The President is authorized to prescribe such rules and regulations 
  as the President considers appropriate to carry out this Act.
  
  SEC. 204. CONSULTATION WITH CONGRESS.
  
      In carrying out this title, the President shall consult 
  appropriately with the Congress.
  
                      TITLE III--REPORTING PROVISIONS
  
  SEC. 301. REPORTING REQUIREMENT.
  
      Not later than 90 days after the date of the enactment of this Act, 
  and not later than March 31 of each of the years 2000, 2001, and 2002, 
  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. This report shall cover (in the case of the initial 
  report) the period since the date of the enactment of this Act or (in 
  the case of subsequent reports) the period since the most recent report 
  pursuant to this section, and shall describe--
              (1) significant developments in United States relations 
          with Macau;
              (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) steps taken by the United States to implement section 
          201(c) (relating to export controls with respect to Macau), 
          including any significant problems or other developments 
          arising with respect to the application of United States export 
          controls to Macau;
              (4) the laws of the United States with respect to which the 
          application of section 201(a) (relating to the application of 
          United States laws to Macau) has been suspended pursuant to 
          section 202(a) or with respect to which such a suspension has 
          been terminated pursuant to section 202(d), and the reasons for 
          the suspension or termination, as the case may be;
              (5) the treaties and other international agreements with 
          respect to which the President has made a determination 
          described in the last sentence of section 201(b) (relating to 
          the application of treaties and other international agreements 
          to Macau), the reasons for each such determination, and the 
          steps taken as a result of such determination;
              (6) the development of democratic institutions in Macau;
              (7) 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
              (8) the nature and extent of Macau's participation in 
          multilateral forums.
  
  SEC. 302. SEPARATE PART OF COUNTRY REPORTS.
  
      Whenever a report is transmitted to the 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 
  state that exercises sovereignty over Macau.
target: Title II: The Status of Macau in United States Law
   - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order.
  (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law.
  (Sec. 204) Directs the President to consult with Congress in carrying out this title.
  Title III: Reporting Provisions
   - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under 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.
feat_title: United States-Macau Policy Act of 1999