U.S. Assistance Programs in China
Thomas Lum
Specialist in Asian Affairs
January 15, 2015
Congressional Research Service
7-5700
www.crs.gov
RS22663
U.S. Assistance Programs in China
Summary
This report examines U.S. foreign assistance activities in the People’s Republic of China (PRC),
undertaken by the U.S. Department of State and U.S. Agency for International Development
(USAID). The report also discusses related foreign operations appropriations, policy history, and
legislative background. International programs supported by U.S. departments and agencies other
than the Department of State and USAID, as well as Department of State public diplomacy
programs, are not covered in this report.
U.S. foreign assistance efforts in the PRC aim to promote human rights, democracy, and the rule
of law; support sustainable livelihoods, cultural preservation, and environmental protection in
Tibetan areas; and further U.S. interests through programs that address environmental problems
and pandemic diseases in China. The U.S. Congress has played a leading role in determining
program priorities and funding levels for these objectives. These programs constitute an
important component of U.S. human rights policy toward China. Among major bilateral aid
donors to China, the United States is the largest provider of nongovernmental and civil society
programming, according to data compiled by the Organization for Economic Cooperation and
Development.
January 12, 2016
(RS22663)
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Summary
This report examines U.S. foreign assistance activities in the People's Republic of China (PRC), undertaken by the U.S. Department of State and U.S. Agency for International Development (USAID). The report also discusses related foreign operations appropriations, policy history, and legislative background. International programs supported by U.S. departments and agencies other than the Department of State and USAID, as well as Department of State public diplomacy programs, are not covered in this report.
U.S. foreign assistance efforts in the PRC aim to promote democracy, human rights, and the rule of law; support sustainable livelihoods, cultural preservation, and environmental protection in Tibetan areas; and further U.S. interests through programs that address environmental pollution and pandemic diseases in China. The U.S. Congress has played a leading role in determining program priorities and funding levels for these objectives. These programs constitute an important component of U.S. human rights policy toward China. Although the United States is not the largest bilateral aid donor to China, it is the largest provider of government and civil society programming, according to data compiled by the Organization for Economic Cooperation and Development (OECD).
In 2000, the act granting permanent normal trade relations (PNTR) treatment to China (P.L.
106286106-286) authorized programs to promote democracy in the PRC. Between 2001 and
2014, the U.S.
government allocated $3902015, the United States government allocated over $417 million for Department of State and USAID foreign assistance efforts
in the PRC, including Peace Corps programs. Of this total, $
320342 million was devoted to
human
rights, democracydemocracy, human rights, and related activities; Tibetan communities; and the environment. The direct
recipients of State Department and USAID grants have been predominantly U.S.-based
nongovernmental organizations (NGOs) and universities. Chinese NGOs, universities, and some
government entities have participated in or indirectly benefited from U.S. programs, or have
collaborated with U.S. foreign aid grantees.
Appropriations for Department of State and USAID programs in China reached a peak in
FY2010, totaling $46.9 million. Funding decreased by nearly 40% between 2010 and 2012 and
has has since remained at lower levels. Reduced appropriations have resulted in the discontinuation of a
number of rule of law and environmental programs.
Some policy makers
Some policymakers argue that the
U.S.United States government should not
supportfund foreign assistance
programs in
China because the PRCthe PRC because Beijing has significant financial resources
of its own and can manage
its own development needs. Furthermore, they contend, some Chinese economic gains have been
achieved through unfair trade practices. China's own development needs. Other critics
emphasizesay that U.S. democracy,
human rights, rule of law,
environmental, and related programs have had little effect in China. Some
observers fear that growing PRC restrictions on civil society could further undermine U.S. aid efforts. Some experts counter that experts counter that
U.S. programs in China aim to promote U.S. interests in areas where the PRC government has
lacked the expertise or will to make greater progress. They argue that U.S. assistance activities in
China have helped to develop protections of some rights, build foundations for
civil society and
the rule of law
and civil society, and bolster reform-minded officials in the PRC government. Some proponents
suggest that U.S. programs have nurtured relationships among governmental and
nongovernmental actors and educational institutions in the United States and the PRC, which
have helped to develop common understandings about
democratic norms and principles. Other
human rights, the rule of law, and related principles and norms. Other programs are said to have reduced environmental and health threats coming from China.
Congressional Research Service
U.S. Assistance Programs in China
Contents
Overview.......................................................................................................................................... 1
Comparisons with Other Foreign Aid Providers.............................................................................. 2
Policy Debates ................................................................................................................................. 3
Reductions in U.S. Programming in China ............................................................................... 4
Congressional-Executive Commission on China: Policy Recommendations ........................... 5
U.S. Assistance to China: History .................................................................................................... 6
Legislative Restrictions on U.S. Assistance to China ...................................................................... 6
Programs and Funding Accounts ..................................................................................................... 7
Democracy Programs (Democracy Fund Account) ................................................................... 7
Tibet (Economic Support Fund Account) .................................................................................. 8
Economic Opportunity and Private Sector Competitiveness .............................................. 9
Cultural Preservation ......................................................................................................... 10
The Environment ............................................................................................................... 10
Global Health Programs (Global Health Programs Account).................................................. 10
Criminal Law and Procedure (International Narcotics Control and Law Enforcement
Account) ............................................................................................................................... 10
Rule of Law and Environmental Programs (Development Assistance and Economic
Support Fund Accounts) ....................................................................................................... 11
Other U.S. Programs and Assistance ............................................................................................. 12
ASHA ...................................................................................................................................... 12
Internet Freedom ..................................................................................................................... 12
Tables
Table 1. U.S. Foreign Assistance Programs and Funding in China, FY2000-FY2015 .................. 14
Table 2. U.S. Foreign Operations Appropriations for China: Legislative History......................... 15
Contacts
Author Contact Information........................................................................................................... 17
Congressional Research Service
U.S. Assistance Programs in China
Overview
U.S. Assistance Programs in China
Overview
U.S. foreign assistance efforts in the People
’'s Republic of China (PRC) primarily aim to promote
human rights
, democracy, and and democratic norms; strengthen the rule of law; counter
global public health threats and the spread of pandemic diseases; and
support improve livelihoods,
traditional culture,promote sustainable development and environmental conservation
, and preserve traditional culture in Tibetan areas.
Congressionally mandated foreign assistance programs constitute an important component of
U.S. human rights policy toward China, along with the U.S.-China Human Rights Dialogue,
public diplomacy efforts, reporting on human rights conditions in the PRC, and multilateral
diplomacy at the United Nations and elsewhere.
11 With the exception of some
programs in Tibetan
communities, U.S. programsTibetan and infectious disease programs, U.S. assistance efforts in the PRC do not focus on development objectives such as
economic growth, poverty reduction, basic health care and education, and governmental capacity
,
and U.S. funding is granted only to nongovernmental organizations (NGOs). The U.S. Agency for
International Development (USAID) does not have an aid mission in China and administers PRC
programs through its regional mission in Bangkok, Thailand. The Department of State refers to
China
“"as a development partner with the resources to invest in its own future
” and says it aims to
“promote and protect U.S. national interests and values” through its foreign assistance programs
in the PRC.2
."2
Between 2001 and
20142015, the
U.S.United States government allocated
over $417$390 million for the Department of
State’ State's foreign operations or aid programs in China,
33 of which $
320342 million was devoted to
democracy, human rights,
democracy,the rule of law, and related activities; Tibetan communities; and the
environment. (See Table 1.) Program areas supported by U.S. assistance have included the
following: civil liberties;
governmentgovernmental transparency and accountability; legal training and
awareness; access to legal counsel; capacity building of nongovernmental organizations; criminal
justice reform; labor rights; private sector competitiveness, job skills training, and support to
traditional artisans in Tibetan areas of China; and the prevention, care, and treatment of
HIV/AIDS. The direct recipients of State Department and USAID grants have been
predominantly U.S.-based nongovernmental organizations
(NGOs) and universities. Chinese NGOs,
universities, and some government entities have participated in or indirectly benefited from U.S.
programs or collaborated with U.S. foreign aid grantees.
4
Some analysts fear that growing PRC restrictions on civil society could adversely affect U.S. assistance programs. Chinese leaders long have been wary of
domestic Chinese NGOs receiving foreign support, and, in recent years, PRC authorities
reportedly have stepped up
surveillancemonitoring of Chinese NGOs that accept outside funding.
4
In 2011, some Members of Congress reevaluated State Department programming in the PRC. As
with foreign assistance levels overall, appropriations for China began to decline after peaking in
FY2010. Congress eliminated funding through the Development Assistance account for several
law programs run jointly through U.S. and PRC universities as well as a number of collaborative
environmental programs in China. However, in 2014, Congress approved funding for U.S.
institutions of higher education and NGOs for programs and activities in the PRC relating to
democracy, rule of law, and the environment in China.5
1
For further information on human rights conditions in China and related U.S. policy, see CRS Report R43000, Human
Rights in China and U.S. Policy: Issues for the 113th Congress, by Thomas Lum. In 2014, Beijing reportedly suspended
the U.S.-China Human Rights Dialogue in retaliation for President Obama’s meeting with the Dalai Lama.
2
U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2015.
3
Including Peace Corps programs.
4
Congressional-Executive Commission on China, Annual Report 2014, October 14, 2014.
5
Consolidated Appropriations Act, 2014 (P.L. 113-76). See the Explanatory Statement, Division K, Department Of
(continued...)
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U.S. Assistance Programs in China
Comparisons with Other Foreign Aid Providers
Based upon data from the Organization for Economic Cooperation and Development (OECD),
multilateral and bilateral official development assistance (ODA) from all donors to China has
fallen since 2008. In 2012, the most recent year for which numbers are available, the largest
bilateral aid donors to China, ranked by the amount of ODA, were Germany, France, Japan,
Austria, and the United States. Three-quarters of ODA from Germany and about one-quarter from
France was provided in the form of concessional or low-interest loans. Japan, once a large
provider of loan assistance, stopped extending such financing to China in 2008. In terms of ODA
grants, in 2012, Germany, France, and Japan provided $275 million, $163 million, and $137
million, respectively, for programs in China. Germany and France have supported numerous
higher education and technical training programs for Chinese students, including the study of
German at Germany’s Goethe Institutes, and environmental projects in China. A relatively large
portion of Japan’s ODA to China aims to enhance government services and administration. The
United States was the largest provider of support for “NGOs and civil society” programming
among major aid donors.6
Some bilateral donors have begun to reduce assistance to China due to Beijing’s ability to finance
its own development and provide foreign aid to less developed countries. In 2011, the United
Kingdom and Australia announced that they would begin phasing out their aid programs in China,
and the European Union (EU) announced that it would cut ODA to 19 emerging economies,
including China, India, and Brazil, beginning in 2014.7 The EU reportedly funded aid projects
and programs in China worth €128 million ($166 million) in 2007-2010 and €224 million ($291
million) in 2007-2013.8 Program areas included the following: democracy and human rights;
NGO co-financing; gender (women migrant workers); health; environmental programs; urban
development; business cooperation; higher education; and information technology and
communication.9 EU assistance efforts in the PRC, particularly in the area of legal development,
reportedly exceeded those of the United States in terms of funding, but placed greater emphasis
on commercial rule of law. In October 2014, the European Commission launched a €980,550
($1.2 million) project to cooperate with PRC government entities in the prevention and
management of nuclear accidents.10
OECD data include not only State Department and USAID funding–the U.S. “foreign assistance
budget”–but also international programs carried out by other U.S. agencies. OECD data also
include the National Endowment for Democracy, a private foundation that receives an annual
congressional appropriation. Taken together, the U.S. government committed or obligated $63.3
million for programs related to China in 2012, according to the OECD. In addition to the
(...continued)
State, Foreign Operations, and Related Programs Appropriations Act, 2014.
6
In terms of “committed funds.” OECD, Creditor Reporting System, http://stats.oecd.org/index.aspx?DataSetCode=
CRS1.
7
“EU to Cut Aid to 19 Emerging Countries from China to Brazil,” Agence France Presse, December 7, 2011.
8
European Commission: External Cooperation Programs, http://ec.europa.eu/europeaid/where/asia/countrycooperation/china/china_en.htm. Based upon the Euro-U.S. Dollar conversion rate of €1 = $1.3 in October 2012.
9
European Union, China Strategy Paper 2007-13, January 1, 2013, http://eeas.europa.eu/delegations/china/documents/
eu_china/china_sp_en-final.pdf.
10
European Commission, Press Release, October 27, 2014.
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U.S. Assistance Programs in China
Department of State and USAID, U.S. agencies with relatively significant assistance activities in
China in 2012 included the Department of Energy (DOE), the Department of Health and Human
Services (HHS), and the U.S. Trade and Development Agency (TDA). Major DOE efforts in
China involved the safe use of nuclear power and the protection, control, and accounting of
nuclear materials. HHS sponsored a number of programs to combat infectious diseases. TDA is
an independent U.S. foreign assistance agency that is funded by Congress, whose mission is to
promote the export of U.S. goods and services for development projects in emerging economies.
In addition, the Departments of Commerce, Interior, Justice, and Transportation and the
Environmental Protection Agency operated relatively small assistance programs in China in
2012.11
Some private entities also support the rule of law, human rights, civil society, and environmental
conservation in China. For example, the Ford Foundation, which does not receive U.S.
government support, is one of the leading providers of assistance to China in the areas of civil
society and good governance. It offered grants worth $275 million for programs in China between
1988 and 2011 and listed over 100 programs with total funding of $25.5 million during 20122014.12 Working with research institutes, civil society organizations, and government entities in
China, Ford Foundation activities aim to promote civil society; transparent, effective, and
accountable government; civil and criminal justice system reform; access to secondary and higher
education; community involvement in natural resources policy; and awareness in the areas of
sexuality and reproductive health.13 Program activities include research on civil society; courses
in citizen participation, governance, and social accountability for NGO facilitator trainers; legal
aid and education; and training for villagers and local officials on rights under current laws and
policies. Oxfam Hong Kong has been engaged in poverty alleviation, HIV/AIDS prevention and
treatment, disaster relief, civil society development, and other efforts in mainland China since
1987. Oxfam reported that in 2013, the organization spent $14.2 million on programs, in
partnership with Chinese NGOs and government entities, related to labor conditions, education
for migrant children, violence against women, and environmental protection.14
Policy Debates
As with many other efforts to promote human rights, democracy, and the rule of law in China,
some observers argue that U.S. assistance has not led to fundamental changes. They posit that
foreign-funded rule of law, civil society, and related efforts in China have produced marginal
results due in part to the Chinese Communist Party’s rejection of many forms of institutional
checks on state power. Inherent obstacles to reform, they assert, include the lack of judicial
autonomy, restrictions on lawyers, weak enforcement of laws, and severe curbs on civil liberties
and the ability of NGOs and Chinese citizens to perform social functions independently of state
control. In addition, they say, the limited influence of China’s judicial, legal, and civil society
institutions, organizations, and actors significantly reduces their value as real agents for reform.
Some human rights activists argue that some stakeholders involved in such efforts, in order to
protect their programs, may refrain from supporting tougher U.S. diplomatic approaches toward
11
OECD, Creditor Reporting System, ibid; USAID, “U.S. Overseas Loans and Grants,”
http://gbk.eads.usaidallnet.gov/.
12
Ford Foundation Grants Database, http://www.fordfoundation.org/grants/search.
13
http://www.fordfoundation.org/pdfs/library/China-brochure-2011.pdf.
14
Oxfam Annual Report 2013/2014, http://www.oxfam.org.hk/en/annualreport.aspx.
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U.S. Assistance Programs in China
China’s violations of human rights and the rule of law. They suggest that U.S. assistance should
focus on changing China’s understanding of the rule of law rather than expanding existing
programs.15
Other analysts contend that U.S. human rights and democracy programs in the PRC have helped
to strengthen protections of some rights and build foundations for civil society and the rule of
law. They refer to the role of U.S. programs in promoting greater rights protections for the
accused, access to legal counsel, and professionalism among judicial and legal personnel;
increasingly worldly and dynamic NGOs and social organizations; and a cadre of human rights
activists and lawyers. Many observers note that awareness of legal rights among many segments
of PRC society is growing. Some experts suggest that efforts to encourage incremental rather than
fundamental change have bolstered reform-minded officials in the PRC government.16
The efforts of the U.S. government and private organizations, such as the Dui Hua Foundation,
reportedly have helped to achieve some progress in the area of criminal justice in China in recent
years.17 Such advances include reductions in the use of torture and the death penalty and
improvements in due process for many Chinese detainees. U.S. foreign assistance supports a
Resident Legal Advisor, based at the U.S. Embassy in Beijing, to promote criminal justice reform
(see below). John Kamm, the founder of Dui Hua, stated that international exchanges have played
a key role in criminal justice reforms in China. He suggested that Beijing likely will continue to
engage foreign legal experts in some areas of civil rights while eschewing international dialogues
related to political rights and freedoms.18
Reductions in U.S. Programming in China
During the 112th Congress, after a decade of bipartisan support for expanded programming, some
Members advocated eliminating U.S. assistance activities in the PRC, with the exception of aid to
Tibetans and some human rights and democracy programs.19 In particular, some policy makers
argued, China does not need or deserve U.S. assistance, due largely to its enormous trade surplus
and foreign exchange reserves, allegedly unfair trade practices, and poor human rights record.
Some proponents of U.S. programs in China responded that U.S. assistance does not provide
support to the PRC government, U.S. programs benefit U.S. interests, and they operate in areas
where the PRC government has lacked sufficient capacity or commitment.20
15
Interview with a representative of Human Rights Watch, December 2014; Paul Eckert, “U.S., China Set 2011 Rights
Meeting in ‘Candid’ Talks,” Reuters, May 14, 2010.
16
William F. Schulz, “Strategic Persistence,” Center for American Progress, January 2009; “Temple University
Leaders Celebrate China Rule of Law Program’s 15th Anniversary,” November 20, 2014, http://news.temple.edu/news/
2014-11-20/temple-university-leaders-celebrate-china-rule-law-program-s-15th-anniversary.
17
The Dui Hua Foundation is a U.S.-based human rights organization that focuses on the treatment of prisoners as well
as criminal justice and women’s rights in China.
18
John Kamm, Dui Hua Foundation, “China’s Human Rights Diplomacy: Past, Present, Future,” Center for Strategic
and International Studies, March 28, 2014. See also U.S. Department of State, Congressional Budget Justification for
Foreign Operations, Fiscal Year 2015.
19
http://webb.senate.gov/newsroom/pressreleases/2001-08-04.cfm; http://webb.senate.gov/newsroom/pressreleases/
2001-08-04.cfm.
20
See Chairman Donald A. Manzullo, “Opening Statement,” Feeding the Dragon: Reevaluating U.S. Development
Assistance to China, Hearing before the Subcommittee on Asia and the Pacific of the Committee on Foreign Affairs,
November 15, 2011; Jim Angle, “Senators Outraged U.S. Borrowing Big from China While Also Giving Aid,” Fox
News.com, October 24, 2011.
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U.S. Assistance Programs in China
Some Members also opposed U.S. environmental programs in China, asserting that it is not the
responsibility of the United States to help alleviate China’s environmental problems. They argued
that such assistance may unfairly bolster China’s economy through the possible transfer of
environmental and energy-saving technologies. Furthermore, they contended, China has been
accused of not enforcing environmental regulations and of unfair trade in the clean energy
sector.21 However, some U.S. officials defended the programs, noting that air pollution from
China has adversely impacted North American air and water, particularly on the U.S. West Coast.
They asserted that USAID’s environmental activities in China helped to mitigate this impact.22
Congressional-Executive Commission on China: Policy
Recommendations
The Congressional-Executive Commission on China (CECC) monitors human rights and the rule
of law in China and submits an annual report with policy recommendations to the President and
Congress.23 While not directly commenting on U.S. assistance programs in China, the CECC’s
2014 report supports U.S. engagement in areas where U.S. assistance programs have been active.
It supports U.S. efforts in China related to rule of law, civil society, the environment, labor rights,
women’s rights, and the rights and economic opportunities of Tibetans and Uighurs. The report
recommends U.S. programs, training, and technical assistance and international exchanges that
promote the following:
•
Legal aid centers;
•
The rights of citizens seeking redress under the State Compensation Law;
•
Criminal justice reform and the role of defense lawyers;
•
International Labor Organization programs and the rights of migrant workers;
•
Women’s political participation; and
•
Building the capacity of environmental, Tibetan, and Uighur NGOs.
In addition, the CECC report advocates “democracy promotion programs that are adapted to
China”; partnerships between U.S. academic institutions and NGOs and their Chinese
counterparts aimed at expanding public participation in political and policy decision-making; and
expanded funding to bring Chinese human rights lawyers, advocates, and scholars to the United
States for study and capacity building through such programs as the U.S. Department of State’s
International Visitors Leadership Program.24
21
Feeding the Dragon: Reevaluating U.S. Development Assistance to China, Hearing before the Subcommittee on Asia
and the Pacific of the Committee on Foreign Affairs, November 15, 2011.
22
Statement of Nisha Biswal, U.S. Agency for International Development, before the Subcommittee on Asia and the
Pacific of the Committee on Foreign Affairs, November 15, 2011; U.S. Department of State, “U.S. Assistance to China
(Taken Question),” Daily Press Briefing, November 4, 2011.
23
In 2000, the legislation that granted permanent normal trade relations (PNTR) treatment to China (P.L. 106-286)
created the Congressional-Executive Commission on China. The Commissioners are Members from both chambers of
Congress and officials from the Executive branch.
24
Congressional-Executive Commission on China, Annual Report 2014, op. cit.
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U.S. Assistance Programs in China
U.S. Assistance to China: History
Congress has played a direct role in determining the Administration’s foreign assistance policies
for China. Congress has initiated major programs in China and inserted special provisions or
instructions in foreign operations appropriations legislation regarding U.S. assistance activities in
the PRC. (See Table 2.) In 1999, Congress began approving funding for the purpose of fostering
democracy in China. In 2000, the act granting permanent normal trade relations (PNTR)
treatment to China (P.L. 106-286) authorized programs to promote rule of law and civil society in
In 2015, the Standing Committee of China's National People's Congress considered new legislation on the management of foreign NGOs. Draft regulations place foreign NGOs and their activities under the oversight of Public Security departments and impose greater limitations or controls related to their supervision, funding, and staffing. Many experts believe that these and other new laws would give the public security apparatus greater, arbitrary authority over a wide range of social activity, and seriously impede the development of, and stifle innovation in, Chinese civil society. In September 2015, a bipartisan group of U.S. Senators sent a letter to President Obama expressing concerns about the human rights situation in China. The letter stated: "The rise of civil society in China has been one of the only human rights success stories of the past two decades, and it is imperative the U.S. speak up to protect it."5
In FY2011, foreign operations appropriations for programs in China began to decline after peaking in FY2010. Congress eliminated funding for several law programs run jointly through U.S. and PRC universities, as well as a number of collaborative environmental programs. Since FY2012, Congress has approved funding for U.S. assistance programs in the PRC but at reduced levels.
Comparisons with Other Foreign Aid Providers
According to data from the Organization for Economic Cooperation and Development (OECD), multilateral and bilateral official development assistance (ODA) from all donors to China has fallen since the mid-2000s. In 2013, the most recent year for which complete OECD numbers are available, the largest bilateral aid donors to China, ranked by the amount of ODA, were Germany, France, the United Kingdom, the United States, and Denmark. About two-thirds of ODA from Germany and 60% from France were provided in the form of concessional or low-interest loans. The United Kingdom and the United States do not provide development loans to China. Japan, once a large provider of loan assistance, stopped extending such financing to China in 2008. In terms of ODA grants, in 2013, Germany, France, the United Kingdom, and the United States offered $274 million, $163 million, $30 million, and $50 million, respectively, to the PRC. OECD data indicate that the United States was the largest source of support for "government and civil society" sector activities in 2013 ($18.4 million), largely provided through the National Endowment for Democracy (NED), followed by Germany ($16.3 million).6 German and French development programs in China largely focus upon education, health, water supply and sanitation, environmental protection, agriculture, and "other social infrastructure and services."7
Some bilateral donors have begun to reduce assistance to China due to Beijing's ability to finance its own development and provide foreign aid to less developed countries. In 2011, the United Kingdom and Australia announced that they would begin phasing out their aid programs in China, and the European Union (EU) announced that it would cut ODA to 19 emerging economies, including Brazil, China, and India, beginning in 2014.8 The European Commission stated that China "has moved from being a traditional recipient of overseas development assistance to the position of a strategic partner.... Increasingly, the country is an important source of aid for other developing countries."9
The EU reportedly funded aid projects and programs in China worth €224 million ($291 million) in 2007-2013.10 Program areas included the following: democracy and human rights; NGO financing; gender (women migrant workers); health; environmental programs; urban development; business cooperation; higher education; and information technology and communication.11 The EU currently lists ongoing, multi-year aid efforts in China worth approximately €15 million ($16 million). Program areas include strengthening civil society and promoting non-state actors in the following activities: combating HIV/AIDS; empowering and integrating young migrant populations; enhancing disabled persons organizations; caring for children-at-risk, particularly children of convicted parents; assisting people with mental health conditions; protecting the environment through public awareness and corporate responsibility; and supporting sustainable development in Tibet.12
OECD data include not only State Department and USAID funding, but also international programs carried out by other U.S. agencies. In 2013-2014, the Department of Energy (DOE), U.S. Trade and Development Agency (TDA), and the Department of Health and Human Services (HHS) supported major activities in China. DOE efforts in China included programs to promote nuclear security through the reduction and protection of nuclear materials. TDA is an independent U.S. foreign assistance agency that is funded by Congress, whose mission is to promote the export of U.S. goods and services for development projects in emerging economies. HHS efforts in the PRC focused on the control of infectious diseases. In addition, the Department of the Interior and the Environmental Protection Agency administered relatively small programs in China to protect endangered species and address air pollution.13 OECD data also include programs administered by the National Endowment for Democracy, a private foundation that receives an annual congressional appropriation.
Some private entities also support human rights, the rule of law, civil society, and environmental conservation in China. For example, the Ford Foundation, which does not receive U.S. government support, is one of the leading providers of assistance to China in the areas of civil society and good governance. It has offered grants worth over $350 million for programs in China since 1988. The Foundation's grants database listed over 87 programs with total funding of approximately $18 million during 2012-2015.14 Working with research institutes, civil society organizations, and government entities in China, Ford Foundation activities aim to promote civil society and philanthropy; transparent, effective, and accountable government; civil and criminal justice system reform; access to secondary and higher education; community involvement in natural resources policy; and awareness in the areas of sexuality and reproductive health.15 Programs include research on civil society; courses in citizen participation, social accountability, and governance for NGO leaders; legal aid and education; and training for villagers and local officials regarding rights under current laws and policies. Oxfam Hong Kong has been engaged in poverty alleviation, HIV/AIDS prevention and treatment, disaster relief, civil society development, and other efforts in mainland China since 1987. Oxfam reported that in 2013, the organization spent $14.2 million on programs, administered in partnership with Chinese NGOs and government entities, related to labor conditions, education for migrant children, violence against women, and environmental protection.16
Policy Debates
As with many other efforts to promote democracy, human rights, and the rule of law in China, some observers maintain that U.S. assistance has not led to meaningful changes. They posit that foreign-funded rule of law, civil society, and related efforts in China have produced marginal results due in part to the Chinese Communist Party's rejection of many forms of institutional checks on state power. Inherent obstacles to reform, they assert, include the lack of judicial autonomy, restrictions on lawyers, weak enforcement of laws, and severe curbs on civil liberties and the ability of NGOs and Chinese citizens to perform social functions independently of state control. Some human rights activists argue that some U.S. stakeholders involved in such activities may refrain from supporting tougher U.S. approaches toward China's human rights abuses in order to protect their programs and policy interests. They suggest that U.S. assistance should focus on changing China's understanding of the rule of law, rather than expanding existing programs.17
Other experts assert that U.S.-funded programs in the PRC have helped to strengthen protections of some rights, promote good governance practices, build foundations for the rule of law and civil society, and temper the effects of periodic political crackdowns. For example, the efforts of the United States government and private organizations, such as the Dui Hua Foundation, reportedly have helped to achieve some progress in the area of criminal justice reform in China in recent years.18 Some experts refer to the role of U.S. programs in promoting access to legal counsel; greater professionalism among judicial and legal personnel; increasingly worldly and dynamic NGOs and social organizations; and a cadre of human rights activists and lawyers. Some argue that U.S. assistance efforts respond to broad Chinese interest and support, and many observers note that awareness of legal rights among many segments of PRC society is growing.19
Some Members of Congress have advocated eliminating U.S. assistance activities in the PRC, with the exception of aid to Tibetans and some human rights and democracy programs. In particular, during the 112th Congress, after a decade of congressional support for expanded programming, some Members argued that China does not need or deserve U.S. assistance, due to its enormous trade surplus and foreign exchange reserves, allegedly unfair trade practices, and poor human rights record.20 Some proponents of U.S. programs in China responded that U.S. assistance does not provide support to the PRC government, U.S. programs benefit U.S. interests, and they operate in areas where the PRC government has lacked sufficient capacity or commitment.
Some Members also opposed U.S. environmental programs in China, asserting that it is not the responsibility of the United States to help alleviate China's environmental problems. They argued that such assistance may unfairly bolster China's economy through the possible transfer of environmental and energy-saving technologies. Furthermore, they emphasized, China has been accused of not enforcing environmental regulations and of unfair trade in the clean energy sector. However, some U.S. officials defended the environmental programs, noting that air pollution from China has adversely impacted North American air and water, particularly on the U.S. West Coast. They asserted that USAID's environmental activities in China have helped to mitigate this impact.21
Congressional-Executive Commission on China: Policy Recommendations
The Congressional-Executive Commission on China (CECC) monitors human rights and the rule of law in China and submits an annual report with policy recommendations to the President and Congress.22 While not directly commenting on U.S. assistance programs in China, the CECC's annual report for 2015 advocates U.S. engagement in various areas, including some in which U.S. assistance programs have been active. The report's recommendations include calls for the U.S. government to support programs, training, technical assistance, exchanges, collaboration, and capacity-building of local NGOs in China in the following areas: legal aid; the rights of citizens seeking redress under the State Compensation Law; criminal justice reform; the rights of workers, migrants, women, and ethnic minorities; and environmental rights and policies. In addition, the report supports "democracy promotion and rule of law programs that are adapted to China" and partnerships between U.S. academic institutions and NGOs and their Chinese counterparts aimed at expanding the "Chinese legal system's potential to be a vehicle for protecting citizens' rights."23
U.S. Assistance to China: History
Congress has played a direct role in determining the Administration's foreign assistance policies for China. Congress has initiated major programs in China and inserted special provisions or instructions in foreign operations appropriations legislation regarding U.S. assistance activities in the PRC. (See Table 2.) In 1999, Congress began approving funding for the purpose of fostering democracy in China. In 2000, the act granting permanent normal trade relations (PNTR) treatment to China (P.L. 106-286) authorized programs to promote the rule of law and civil society in the PRC. The Consolidated Appropriations Act for FY2000 (P.L. 106-113) provided $1 million
for nongovernmental organizations located outside China to support activities that preserve
cultural traditions and promote sustainable development and environmental conservation in
Tibetan areas in China.
2524 In 1997, President Bill Clinton and PRC President Jiang Zemin agreed
upon a U.S.-China Rule of Law Initiative, though funding for the program was not appropriated
until five years later. In 2002, Congress made available $10 million from the Economic Support
Fund (ESF) account for activities to support democracy, human rights, and
the rule of law in China,
including up to $3 million for Tibet.
In 2006, Congress set aside special Development Assistance account funds for American
universities to engage in education and exchange programs related to democracy,
the rule of law, and
the environment in China. These programs
were largelylargely were phased out in 2012. The
U.S.United States government
began implementing HIV/AIDS programs in the PRC in 2007. Criminal justice and other
programs conducted by the Resident Legal Advisor at the American Embassy in Beijing
expanded in 2009.
Legislative Restrictions on U.S. Assistance to China
The FY2001 foreign operations appropriations measure (P.L. 106-429) prohibited assistance to
China and six other countries.26 The FY2002 appropriations measure (P.L. 107-115) removed
China from this list, and no longer stipulated that ESF account funds to NGOs for democracy
programs in China only be provided to those located outside the PRC.27 The Consolidated
Appropriations Act for FY2003 (P.L. 108-7) no longer required that assistance to NGOs for
Tibetan programs only be made available to those located outside China. Ongoing restrictions on
U.S. foreign assistance in China and other relevant legislative provisions include the following:
•
Legislative Restrictions on U.S. Assistance to China
U.S. laws that can be invoked to deny foreign assistance on human rights
grounds include Sections 116 and 502B
(security assistance) of the Foreign
Assistance Act of 1961 (P.L. 87-195).
25
For a full list of U.S. government programs related to Tibet, see CRS Report R43781, The Tibetan Policy Act of
2002: Background and Implementation, op. cit.
26
P.L. 106-429, §523 stipulated that the countries prohibited from receiving U.S. assistance or indirect funding were
Cuba, Iraq, Libya, Iran, Syria, North Korea, and the People’s Republic of China. P.L. 107-115, §523 stipulated that
Cuba, Iraq, Libya, Iran, Syria, North Korea, and Sudan were prohibited from receiving U.S. assistance.
27
See foreign operations appropriations acts, §523 (“Prohibition against Indirect Funding to Certain Countries”) and
§526 (“Democracy Programs”).
Congressional Research Service
6
U.S. Assistance Programs in China
•
U.S. contributions to the United Nations Population Fund (UNFPA) may not be
used for a country program in China.28
•
Some U.S. sanctions in response to the Tiananmen military crackdown in 1989
remain in effect, including the requirement that U.S. representatives to
international financial institutions vote “no” or abstain on loans to China (except
for those that meet basic human needs).29
•
Assistance Act of 1961 (P.L. 87-195).25 Foreign operations appropriations legislation also may impose restrictions or conditions. For example, U.S. representatives to international financial institutions may support projects in
Tibet only if they do not encourage the migration and settlement of non-Tibetans
into Tibet or the transfer of Tibetan-owned properties to non-Tibetans, which
some fear may erode Tibetan culture and identity.
30
•
The Secretary of State and USAID Administrator may not provide assistance to
the central government of the PRC under Global Health Programs, Development
Assistance, and the Economic Support Fund, except for assistance to detect,
prevent, and treat infectious diseases.31
26 U.S. contributions to the United Nations Population Fund (UNFPA) may not be used for a country program in China.27
Programs and Funding Accounts
Democracy Programs (Democracy Fund Account)
The Department of State
’'s Bureau of Democracy, Human Rights, and Labor (DRL) administers
programs in China using Democracy Fund (DF) account appropriations. Funding levels
have
largely been determined by Congress. DRL aims to promote the rule of law, civil society, and
citizen input in government decision making in the PRC.
DRL directly funds U.S.-based and international nongovernmental organizations and universities.
Through the Bureau’s programs, U.S. and international nongovernmental entities engage Chinese
NGOs; government-sponsored social organizations and institutions, such as women’s groups and
universities; reformist or progressive government bodies; and legal and judicial institutions and
28
Consolidated Appropriations Act, 2014 (P.L. 113-76, §7063(c)). The “Kemp-Kasten” amendment, which has been
included in annual foreign operations appropriations since FY1985, bans U.S. assistance to organizations that, as
determined by the President, support or participate in the management of coercive family planning programs. Under
Kemp-Kasten, Presidents Reagan, George H. W. Bush, and George W. Bush suspended contributions to the UNFPA
due to concerns about coercive family planning practices in China. President Obama has supported U.S. contributions
to the organization. For further information, see CRS Report RL33250, U.S. International Family Planning Programs:
Issues for Congress, by Luisa Blanchfield.
29
Pursuant to §902 of the Foreign Relations Authorization Act of 1990-91 and §710(a) of the International Financial
Institutions Act.
30
Consolidated Appropriations Act, 2014 (P.L. 113-76), Division K, §7043(f)(1). The Secretary of the Treasury should
instruct the U.S. executive director of each international financial institution to use the voice and vote of the United
States to support financing in Tibet if such projects do not provide incentives for the migration and settlement of nonTibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are
based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect for Tibetan culture and
traditions, and are subject to effective monitoring. See also the Tibetan Policy Act of 2002, Foreign Relations
Authorization Act, FY2003 (P.L. 107-228), §616.
31
P.L. 113-76, Consolidate Appropriations Act, 2014, Explanatory Statement, Division K, §7043.
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7
U.S. Assistance Programs in China
largely have been determined by Congress. DRL's efforts in China constitute the bureau's largest country assistance program. DRL seeks to promote the rule of law, civil society, public participation in local government decisionmaking, and government transparency in the PRC. According to the State Department, its projects in China "complement U.S. policy of principled engagement and emphasize areas where financial support from the Chinese government is improbable, i.e. protecting populations at risk."28
DRL directly funds U.S.-based and international nongovernmental organizations and universities. Through the Bureau's programs, U.S. and international nongovernmental entities engage Chinese NGOs; government-sponsored social organizations and institutions, such as women's groups and universities; reform-oriented government bodies; and legal and judicial institutions and individuals. Due to political sensitivities in China, DRL does not openly disclose the names of its
grant recipients. Major DRL program areas in China
includehave included the following:
32
•
29Rule of law: strengthen legal and judicial institutions and promote their
independence; train legal and judicial professionals; increase public access to the
justice system; promote criminal and civil law reform.
33
•
30
Civil society: develop the capacity of nongovernmental organizations,
foundations, and charitable groups in fund-raising and NGO management.
•
Citizen participation: promote public dialogue and input regarding the formation
of policy.
•
Labor: advance labor law, rights, and advocacy; develop collective bargaining
mechanisms; strengthen migrant worker rights.
•
Good governance: support government transparency and accountability.
•
Civil liberties: promote freedom of expression, the press, and information;
advance mass media development; support freedom of religion.
National Endowment for Democracy
Tibet (Economic Support Fund Account)
Since 2000, Congress has made available Economic Support Funds (ESF) for sustainable development, environmental conservation, and cultural preservation in the Tibet Autonomous Region (TAR) and Tibetan communities in China. Nearly half of China's ethnic Tibetans live in the TAR. Other Tibetan areas include parts of the PRC provinces of Gansu, Qinghai, Sichuan, and Yunnan. U.S. programs also aim to expand citizen involvement in local economic enterprises, development planning, and social services and increase the capacity of Tibetans to compete in the formal economy. The Department of State also administers health, education, refugee, and scholarship programs for Tibetan exile communities in India and Nepal.31
National Endowment for Democracy
Established in 1983, the National Endowment for Democracy (NED) is a private, nonprofit foundation
“"dedicated to
the growth and strengthening of democratic institutions around the world.
”34"32 Funded primarily by an annual
congressional appropriation, NED has played an active role in promoting democracy and human rights in China since
the mid-1980s. A grant-making institution, the Endowment
has supported projects carried out by grantees that
include its core institutes;
35 33 Chinese, Tibetan, and
UighurUyghur human rights and democracy groups based in the United
States and Hong Kong; and a small number of NGOs based in mainland China. NED grants for China
programs
(including Tibet and Hong Kong)and Tibetan programs averaged roughly $6.7 million per year between 2007 and 2013
and totaled $7.2
million in 2014. Funding for China programs totaled approximately $6.6 million and $6.0 million in 2014 and 2015, respectively, and $616,700 and $731,000 for Tibetan programs in 2014 and 2015, respectively. This support was provided using NED
’'s regular
Congressionalcongressional appropriations (
approximately $135
an estimated $135 million in
FY2014FY2015), apart from some additional
Congressionally directed funding.36 Programs areas include civil
society, defense of prisoners of conscience, freedom of expression, government transparency, Internet freedom,
labor rights, promoting understanding of Tibetan, Uighur and other ethnic concerns in China, public interest law,
public policy analysis and debate, religious freedom, and rural land rights.
Tibet (Economic Support Fund Account)
Since 2000, Congress has made available ESF for sustainable development, environmental
conservation, and cultural preservation in the Tibet Autonomous Region (TAR) and Tibetan
communities in China. Nearly half of China’s ethnic Tibetans live in the TAR. Other Tibetan
32
Interview with staff at the Department of State, Bureau of Democracy, Human Rights, and Labor, June 2010 and
October 2014.
33
Temple University received $13 million in USAID grants and Democracy Fund support between 1999 and 2009 for
its Master of Laws degree program in Beijing. Goldie Blumenstyk, “In China, Thinking Like an American Lawyer,”
The Chronicle of Higher Education, February 20, 2009.
34
http://www.ned.org/about.
35
NED’s core institutes are: the International Republican Institute (IRI); the American Center for International Labor
Solidarity (ACILS); the Center for International Private Enterprise (CIPE); and the National Democratic Institute for
International Affairs (NDI).
36
Congress provided directed funding out of the Democracy Fund to NED for programs in China between 2001 and
2007 and Tibetan areas between 2004 and 2009. Such funding supplemented resources available for China through
NED’s regular budget.
Congressional Research Service
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U.S. Assistance Programs in China
areas include parts of the PRC provinces of Gansu, Qinghai, Sichuan, and Yunnan.37 U.S.
programs also aim to expand citizen involvement in local economic enterprises, development
planning, and social services. Between 2002 and 2014, approximately $62 million was
appropriated for these purposes. As funding for U.S. assistance activities in China overall has
declined in recent years, assistance for Tibetan programs as a proportion of total foreign
operations appropriations for China has increased, from 16% in 2009 to 28% in 2014. Foreign
operations appropriations legislation restricts assistance for Tibetan communities to
nongovernmental organizations and prohibits U.S. support for multilateral projects that may
erode Tibetan culture, identity, and economic influence.
Economic Opportunity and Private Sector Competitiveness
USAID activities in Tibetan areas of China aim to strengthen the capacity of Tibetan
communities, local organizations, and artisans to develop sustainable livelihoods. Assistance
efforts aim to support agricultural and other income-generating activities; help strengthen small
enterprises, business associations, and herder cooperatives; and improve access to markets.
Educational programs include training in vocational, marketing, and management skills and
scholarships for secondary education. ESF account funds also support health and hygiene
awareness programs and services.
U.S. NGOs in Tibet
In recent years, the primary grantees or implementing partners for USAID programs in the Tibet Autonomous Region
(TAR) and Tibetan communities elsewhere in China have been the Bridge Fund (TBF), Winrock International, and the
Poverty Alleviation Fund (TPAF). Unrest in Tibetan areas and government crackdowns on Tibetan religious and social
activities have created a difficult environment for international NGOs in Tibetan areas, and their number reportedly
has declined from nearly 50 to roughly 10 in the past several years. Growing restrictions affecting international NGOs
and Chinese civil society organizations in Tibetan areas include those related to travel, the holding of large group
activities such as seminars, and foreign funding.38 The Bridge Fund has worked in the TAR and Tibetan communities
outside the TAR since 1996. It continues to carry out programs and to support other nongovernmental activity in
Tibetan areas, despite the deteriorating political environment in which such NGOs operate. TBF has implemented a
five-year (2009-2014), $10 million USAID program in Tibetan communities aimed at preserving cultural heritage and
promoting sustainable economic development and environmental conservation.39 Winrock International’s five-year
(2009-2014) TSERING (Tibetan Sustainable Environmental Resources for Increased Economic Growth) program has
operated in Tibetan communities in four PRC provinces as well as the TAR. Project areas include job skills training;
income-generating activities that are compatible with traditional lifestyles; environmentally sustainable small
businesses; and digital technology to document, preserve, and transmit cultural practices and knowledge.40 The
Poverty Alleviation Fund (formerly the Tibet Poverty Alleviation Fund) has been working in Tibet since 1997. TPAF’s
programs in Tibetan communities in Yunnan Province have included microfinance, promoting local handicrafts, small
enterprise development, agriculture and livestock, employable skills development, eco-tourism, and training in health,
nutrition, and hygiene.41
37
See CRS Report R43781, The Tibetan Policy Act of 2002: Background and Implementation, by Susan V. Lawrence.
Interview with a representative of The Bridge Fund, November 2012.
39
The Bridge Fund, Program for Sustainable Development and Livelihoods for Urban and Rural Ethnic Tibetans in
China: FY13 Annual Report, October 15, 2013; The Bridge Fund: Donors, http://bridgefund.org/about/donors/.
40
Winrock International, Tibetan Sustainable Environmental Resources for Increased Economic Growth: Overview,
http://www.winrock.org/project/tibetan-sustainable-environmental-resources-increased-economic-growth.
41
Tibet Poverty Alleviation Fund, http://www.tpaf.org/services.html.
38
Congressional Research Service
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U.S. Assistance Programs in China
Cultural Preservation
USAID programs in Tibetan areas include the following cultural preservation efforts: promoting
Tibetan language instruction; preserving culture, heritage, and art; and restoring historical sites
and buildings. Cultural preservation areas include literature, scriptures, painting, music, dance,
and oral traditions. The U.S. government and private funding support a Tibetan-language online
digital library and network.42
The Environment
Through partnerships with Tibetan communities, U.S. support helps to protect the environment
through conservation, sustainable natural resource management, and the development of
renewable energy alternatives. USAID programs aim to improve rangeland management and
grassland rehabilitation, reduce deforestation, and protect wetlands. Other efforts include raising
awareness about, conducting research on, and developing responses to climate change and its
local effects.
Global Health Programs (Global Health Programs Account)
Since 2007, the U.S. government, through the U.S. Centers for Disease Control and Prevention
(CDC), has worked with U.S. NGOs to help address HIV/AIDS in regions of high incidence in
China. U.S. assistance has supported prevention, care, and treatment efforts as well as programs
for orphans and vulnerable children. Recipients of direct and indirect U.S. assistance also have
included Chinese nongovernmental organizations, community-based groups, governmentsponsored social organizations, provincial health bureaus, and clinics. USAID has collaborated
with, but not provided assistance to, the China Centers for Disease Control and Prevention. U.S.
public health efforts in China have expanded to respond to other public health threats, including
outbreaks of influenza strains that experts believe have a likelihood of spreading to the United
States, such as avian flu H7N9.43
Criminal Law and Procedure (International Narcotics Control and
Law Enforcement Account)
Since 2002, International Narcotics Control and Law Enforcement (INCLE) account funding has
supported a Resident Legal Advisor (RLA), based in the U.S. Embassy in Beijing, to offer
expertise on U.S. criminal law and procedure to PRC government officials, jurists, and
academics, and to “promote long-term criminal justice reform in China.” Most of the RLA’s
activities are conducted by the RLA alone or in cooperation with nongovernmental organizations.
The RLA engages Chinese courts, prosecutors, legal scholars, and bar associations. Reform areas
include pre-trial detention, the rights of defense lawyers, and judicial independence. Although
many problems remain, in 2013, the PRC government reportedly began to implement
amendments to the Criminal Procedure Law, which include more rigorous standards applied
toward pre-trial detentions and capital convictions, safeguards against abusive interrogation
42
The Tibetan and Himalayan Library, http://www.thlib.org/.
U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2014 and
Congressional Budget Justification for Foreign Operations, Fiscal Year 2015.
43
Congressional Research Service
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U.S. Assistance Programs in China
practices, an expanded role and greater legal protections for defense lawyers, and greater access
to legal counsel.44
Rule of Law and Environmental Programs (Development
Assistance and Economic Support Fund Accounts)
Between 2006 and 2011, Congress allocated Development Assistance (DA) account funds for rule
of law and environmental efforts in China. Programs facilitated U.S. engagement with PRC bar
associations; provided Chinese students with legal training; and strove to enhance the capacity of
Chinese law colleges and judicial institutions, develop citizen awareness of the legal system, and
strengthen laws that safeguard civil and women’s rights.45 USAID’s criminal justice efforts
included making trial procedures more open, supporting the adoption of a national law that would
exclude illegally obtained evidence, and creating guidelines for defense lawyers in death penalty
cases.46 Administrative law programs promoted transparency and public participation in
government. Other rule of law activities included expanding legal clinics and public defenders’
offices and training PRC judicial officials on consumer protection and intellectual property.47
USAID administered several environmental programs in China during the same period, using DA
account funds as well as private financing. The U.S.-China Partnership for Environmental Law
helped to train environmental law professionals, advance reform in China’s environmental law,
and build capacity in environmental governance.48 The U.S.-based Institute for Sustainable
Communities and World Resources Institute implemented the Guangdong Environmental
Partnership and the U.S.-China Partnership for Climate Action, which promoted energy
efficiency, low greenhouse gas emissions, and health and safety policies in factories and power
plants. Both programs received support from USAID, U.S. private corporations, U.S. and Chinese
research institutions, and PRC communities and government agencies. USAID provided a grant
to the Thailand-based Freeland Foundation for countering the trafficking of wildlife in China and
elsewhere in Asia. Other USAID environmental efforts in China included supporting clean energy
investment and development, promoting energy efficiency in commercial buildings, assisting in
water and sanitation projects, raising standards in the production of fluorescent lamps, and
combating illegal logging.49
In 2012, Congress phased out Development Assistance support for USAID rule of law programs
in China, although DRL democracy programs continued. Congress also withdrew support for
environmental programs in China, with the exception of those in Tibetan areas. Some rule of law
programs formerly supported by Development Assistance account funds have continued using
44
U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2015; John
Kamm, Dui Hua Foundation, op. cit.
45
U.S. educational institutions participating in these programs included American University Washington College of
Law, the University of Massachusetts, the University of the Pacific McGeorge School of Law, and Western Kentucky
University. PRC partner universities included China University of Political Science and Law, South China University
of Technology, and Zhejiang Gongshang University.
46
Statement of Nisha Biswal, U.S. Agency for International Development, before the Subcommittee on Asia and the
Pacific of the Committee on Foreign Affairs, November 15, 2011.
47
USAID, Congressional Notification #147, August 14, 2012.
48
Jointly administered by Vermont Law School and Sun Yat-sen University.
49
U.S. Department of State, U.S. Agency for International Development, “China: U.S. Foreign Assistance Performance
Publication, Fiscal Year, 2009.”
Congressional Research Service
11
U.S. Assistance Programs in China
ESF, albeit at decreased levels.50 In 2014, rule of law and democracy programs in China operate
in the following areas: raising legal and procedural rights awareness; increasing access to legal
counsel; establishing legal clinics and public defenders’ offices; training legal professionals; and
enhancing government transparency and accountability. U.S. programs also aim to help U.S.
businesses and consumers through improvements to intellectual property and consumer rights
protections in China.51
Other U.S. Programs and Assistance
ASHA
The Office of American Schools and Hospitals Abroad (ASHA) of USAID’s Bureau for
Democracy, Conflict, and Humanitarian Assistance provides grants to private and nonprofit
educational and medical institutions in foreign countries. The purposes of such assistance include
fostering mutual understanding, introducing foreign countries to U.S. ideas and practices in
education and medicine, and promoting civil society. ASHA began supporting projects in China
in 1997, although it has no projects reported in 2014. ASHA helped to establish and has provided
assistance to the Center for American Studies at Fudan University in Shanghai, has supported the
Johns Hopkins-Nanjing University Center for Chinese and American Studies, and funded Project
Hope efforts at Shanghai Children’s Medical Center and Wuhan Nursing School.52
Internet Freedom
Between 2008 and 2012, Congress appropriated approximately $95 million for State Department
and USAID global Internet freedom efforts. In 2013, the Administration reportedly awarded $25
million to groups working to advance Internet freedom in the following areas: counter-censorship
and secure communications technology; training in secure online and mobile communications
practices; and policy research. The primary target countries for such efforts, particularly
circumvention and secure communications programs, have been China and Iran.53
50
Consolidated Appropriations Act, 2014 (P.L. 113-76). See the Explanatory Statement, Division K, Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2014.
51
USAID, Congressional Notification #54, November 22, 2013; USAID, Congressional Notification #209, September
9, 2014. See also the Asia Foundation, China, http://www.asiafoundation.org/resources/pdfs/China.pdf
52
American Schools and Hospitals (ASHA) Annual Report 2012; American Schools and Hospitals Abroad: “Where We
Work,” http://map.usaid.gov/?l=regional&w=ASIA.
53
Bureau of Economic and Business Affairs, Internet Freedom, http://www.state.gov/e/eb/cip/netfreedom/index.htm.
See also CRS Report R42601, China, Internet Freedom, and U.S. Policy, by Thomas Lum et al.
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U.S. Assistance Programs in China
Acronyms
DA: Development Assistance
DF: Human Rights and Democracy Fund (Democracy Fund)
DRL: Bureau of Democracy, Human Rights and Labor
ESF: Economic Support Fund
GHCS: Global Health and Child Survival
GHP: Global Health Programs
INCLE: International Narcotics Control and Law Enforcement
NED: National Endowment for Democracy
NGO: Nongovernmental Organization
Congressional Research Service
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Table 1. U.S. Foreign Assistance Programs and Funding in China, FY2000-FY2015
(thousands of current U.S. dollars)
Account
(Program)
200002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2014
est.
2013
2015
req.
GHCS/GHP
0
0
0
0
0
6,750
6,960
7,308
7,000
5,000
3,000
2,977
1,500
1,500
DA (rule of
law,
environment)
0
0
0
0
4,950
5,000
9,919
11,000
12,000
7,000
0
0
0
0
ESF (rule of
law)
0
0
0
0
0
0
0
0
0
0
3,000
3,092
3,000
n/a
ESF/DF
(democracy
programs)a
11,000
15,000
13,500
19,000
20,000
20,000
15,000
17,000
17,000
17,000
11,000
10,000
10,000
n/a
ESF (Tibet)
0
0
3,976
4,216
3,960
3,960
4,960
7,300
7,400
5,000
7,500
7,032
7,000
4,500b
INCLE
(criminal
justice)
0
0
0
0
0
0
0
600
800
800
800
823
800
825
4,292
977
863
1,476
1,683
1,748
1,980
2,057
2,718
2,900
3,000
3,200
2,500
2,900
15,292
17,980
20,343
26,697
30,593
37,458
38,819
45,265
46,918
37,000
28,300
27,124
24,800
Peace Corpsc
Totals
—
Sources: U.S. Department of State Congressional Budget Justifications for foreign operations; Congressional foreign operations appropriations legislation.
a.
Administered by the Department of State, Bureau of Democracy, Human Rights, and Labor.
b.
The Administration requested $5 million in FY2012 and $4.5 million in FY2013 and FY2014 for Tibetan programs. Congress increased those amounts to $7.5 million
in FY2012 and $7 million in FY2013 and FY2014.
c.
congressionally directed funding.34 Program areas include the following: rule of law; public interest law; civil society; prisoners of conscience; rights defenders; freedom of expression; Internet freedom; religious freedom; government accountability and transparency; political participation; labor rights; promoting understanding of Tibetan, Uyghur and other ethnic concerns in China; public policy analysis and debate; and rural land rights.
U.S.-funded programs have continued despite an increasingly restrictive political environment for NGOs in Tibetan areas. Between 2002 and 2015, approximately $70 million in U.S. assistance was appropriated for these purposes, including an estimated $7.9 million in FY2015. In most years, the congressional appropriation for Tibetan programs exceeded the State Department's budget request. In addition, the National Endowment for Democracy has supported programs in Tibetan areas through its annual congressional appropriation. As funding for U.S. assistance activities in China overall has declined in recent years, assistance for Tibetan programs as a proportion of total U.S. foreign assistance to China has increased. Foreign operations appropriations legislation stipulates that assistance for Tibetan communities be allocated only to nongovernmental organizations and support projects funded by international financial institutions as long as they do not promote the migration and settlement of or transfer of land ownership to non-Tibetans.35
Economic Opportunity and Private Sector Competitiveness
USAID activities in Tibetan areas of China aim to strengthen the capacity of Tibetan communities, local organizations, and artisans to develop sustainable livelihoods. Assistance efforts aim to support agricultural and other income-generating activities; help strengthen small enterprises, business associations, and herder cooperatives; and improve access to markets. Educational programs include training in vocational, marketing, and management skills and scholarships for secondary education. ESF account funds also support health and hygiene awareness programs and services.36
Cultural Preservation
USAID programs in Tibetan areas include the following cultural preservation efforts: promoting Tibetan language instruction; preserving culture, heritage, and art; and restoring historical sites and buildings. Cultural preservation areas include literature, scriptures, painting, music, dance, and oral traditions. USAID strives to involve women in community activities aimed at increasing awareness of Tibetan culture. U.S. government and private funding support a Tibetan-language online digital library and network.37
The Environment
Through partnerships with Tibetan communities, U.S. support seeks to protect the environment through conservation, sustainable natural resource management, and the development of renewable energy alternatives. USAID programs aim to improve rangeland management and grassland rehabilitation, reduce deforestation, and protect wetlands. Other efforts include raising awareness about, conducting research on, mitigating the impacts of, and developing responses to climate change.38
U.S. NGOs in Tibet
In recent years, the primary grantees or implementing partners for USAID programs in the Tibet Autonomous Region (TAR) and Tibetan communities elsewhere in China have been the Bridge Fund (TBF), Winrock International, and the Poverty Alleviation Fund (TPAF). Unrest in Tibetan areas and government crackdowns on Tibetan religious and social activities have created a difficult environment for international NGOs in Tibetan areas, and their numbers reportedly have declined in recent years. The Bridge Fund has worked in the TAR and Tibetan communities outside the TAR since 1996. TBF implemented a five-year (2009-2014), $10 million USAID program in Tibetan communities aimed at preserving cultural heritage and promoting sustainable economic development and environmental conservation. Winrock International's five-year (2009-2014) TSERING (Tibetan Sustainable Environmental Resources for Increased Economic Growth) program operated in the TAR and Tibetan communities in four PRC provinces. Project areas included job skills training; income-generating activities that are compatible with traditional lifestyles; environmentally sustainable small businesses; and digital technology to document, preserve, and transmit cultural practices and knowledge. The Poverty Alleviation Fund (formerly the Tibet Poverty Alleviation Fund) has been working in Tibet since 1997. TPAF's programs in Tibetan communities in Yunnan Province have included microfinance, promoting local handicrafts, small enterprise development, agriculture and livestock, employable skills development, eco-tourism, and training in health, nutrition, and hygiene.
Global Health Programs (Global Health Programs Account)
Since 2007, the United States government, through the U.S. Centers for Disease Control and Prevention (CDC), has worked with U.S. NGOs to help address HIV/AIDS in regions of high incidence in China. U.S. assistance has focused on improving the capacity of governmental and nongovernmental efforts in prevention, care, and treatment programs as well as supporting programs for orphans and vulnerable children. Recipients of direct and indirect U.S. assistance also have included Chinese NGOs, community-based groups, government-sponsored social organizations, provincial health bureaus, and clinics. USAID has collaborated with, but not provided direct assistance to, the China Centers for Disease Control and Prevention. U.S. public health efforts in China include responses to public health threats, such as outbreaks of influenza strains that experts believe have a potential of spreading globally, such as avian flu H7N9.39
Criminal Law and Procedure (International Narcotics Control and Law Enforcement Account)
Since 2002, International Narcotics Control and Law Enforcement (INCLE) account funding has supported a Resident Legal Advisor (RLA), based in the U.S. Embassy in Beijing, to offer expertise on U.S. criminal law and procedure to PRC government officials, jurists, and academics, and to "promote long-term criminal justice reform in China." Most of the RLA's activities are conducted by the RLA alone or in cooperation with nongovernmental organizations. The RLA engages Chinese courts, prosecutors, legal scholars, and bar associations. Reform areas include pre-trial detention, coerced confessions, the rights of defense lawyers, and judicial independence. Although many problems remain, the State Department reported that the Chinese government has implemented some reforms in these and other areas.40
Rule of Law and Environmental Programs (Development Assistance and Economic Support Fund Accounts)
Between 2006 and 2011, Congress allocated Development Assistance (DA) account funds for rule of law and environmental efforts in China. Programs facilitated U.S. engagement with PRC bar associations; provided Chinese students with legal training; and strove to enhance the capacity of Chinese law colleges and judicial institutions, develop citizen awareness of the legal system, and strengthen laws that safeguard civil and women's rights.41 USAID's criminal justice efforts included making trial procedures more open, supporting the adoption of a national law that would exclude illegally obtained evidence, and creating guidelines for defense lawyers in death penalty cases.42 Administrative law programs promoted transparency and public participation in government. Other rule of law activities included expanding legal clinics and public defenders' offices and training PRC judicial officials on consumer protection and intellectual property.43
U.S. Assistance Acronyms
DA: Development Assistance
DF: Democracy Fund
DRL: Bureau of Democracy, Human Rights and Labor
ESF: Economic Support Fund
GHP: Global Health Programs
INCLE: International Narcotics Control and Law Enforcement
NED: National Endowment for Democracy
NGO: Nongovernmental Organization
|
USAID administered several environmental programs in China during the same period, using DA account funds as well as private financing. The U.S.-China Partnership for Environmental Law helped to train environmental law professionals, advance reform in China's environmental law, and build capacity in environmental governance.44 The U.S.-based Institute for Sustainable Communities and World Resources Institute implemented the Guangdong Environmental Partnership and the U.S.-China Partnership for Climate Action, which promoted energy efficiency, low greenhouse gas emissions, and health and safety policies in factories and power plants. Both programs received support from USAID, U.S. private corporations, U.S. and Chinese research institutions, and PRC communities and government agencies. USAID provided a grant to the Thailand-based Freeland Foundation for countering the trafficking of wildlife in China and elsewhere in Asia. Other USAID environmental efforts in China included supporting clean energy investment and development, promoting energy efficiency in commercial buildings, assisting in water and sanitation projects, raising standards in the production of fluorescent lamps, and combating illegal logging.45
In 2012, Congress phased out Development Assistance for USAID rule of law programs in China, although DRL programs continued. Congress also withdrew support for environmental programs in China, with the exception of those in Tibetan areas. Some rule of law and environmental programs have continued through the ESF account, however, albeit at decreased levels of funding.
In FY2015, Economic Support Funds ($1 million) supported programs that aim to promote respect for basic human rights, the rule of law, development of civil society, and citizen participation in the public sphere. Program activities included strengthening legal rights protections; supporting public interest law; developing the legal profession; bolstering criminal defense systems; and increasing access to justice for underserved and vulnerable populations. Environmental programs using ESF funds ($2.5 million) focused on reducing greenhouse gas emissions in selected urban areas through technical assistance and the involvement of civil society.46 For FY2016, Congress made available $15 million in ESF for democracy, rule of law, civil society, and environmental programs in China.
Internet Freedom
For over a decade, the United States government has sought to promote global Internet freedom, particularly in China and Iran. In 2006, the Bush Administration established the Global Internet Freedom Task Force, which was renamed the NetFreedom Task Force under the Obama Administration. Between 2008 and 2012, Congress appropriated approximately $95 million for State Department and USAID global Internet freedom efforts. The Administration reportedly awarded $25 million and $18 million in 2013 and 2014, respectively, to groups working to advance Internet freedom in the following areas: web and mobile counter-censorship and secure communications technology; training in secure online and mobile communications practices; and policy and advocacy efforts and research.
Table 1. U.S. Foreign Assistance Programs and Funding in China, FY2000-FY2016
(thousands of current U.S. dollars)
Account (Program)
|
2000-05
|
2006
|
2007
|
2008
|
2009
|
2010
|
2011
|
2012
|
2013
|
2014
|
2015 est.
|
2016 est.
|
GHP
|
0
|
0
|
6,750
|
6,960
|
7,308
|
7,000
|
5,000
|
3,000
|
2,977
|
1,500
|
1,500
|
1,500
|
DA (rule of law, environment)
|
0
|
4,950
|
5,000
|
9,919
|
11,000
|
12,000
|
7,000
|
0
|
0
|
0
|
0
|
0
|
ESF (rule of law, environment)
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
3,000
|
3,092
|
3,000
|
3,500
|
15,000
|
ESF/DF (democracy programs)a
58,000
|
20,000
|
20,000
|
15,000
|
17,000
|
17,000
|
17,000
|
11,000
|
10,000
|
10,000
|
10,000
|
n/a
|
ESF (Tibet)
|
8192
|
3,960
|
3,960
|
4,960
|
7,300
|
7,400
|
5,000
|
7,500
|
7,032
|
7,000
|
7,900
|
8,000
|
INCLE (criminal justice)
|
0
|
0
|
0
|
0
|
600
|
800
|
800
|
800
|
823
|
800
|
825
|
800
|
Peace Corpsb
7,608
|
1,683
|
1,748
|
1,980
|
2,057
|
2,718
|
2,900
|
3,000
|
3,200
|
2,500
|
4,100
|
5,200
|
Totals
|
15,292
|
30,593
|
37,458
|
38,819
|
45,265
|
46,918
|
37,000
|
28,300
|
27,124
|
24,800
|
27,825
|
—
|
Sources: U.S. Department of State Congressional Budget Justifications for foreign operations; congressional foreign operations appropriations legislation.
a.
Administered by the Department of State, Bureau of Democracy, Human Rights, and Labor.
b.
The Peace Corps has been involved in teaching English language and environmental awareness in China since 1993. See also Peace Corps Congressional Budget
Justification, Fiscal Year
2015.
CRS-14
U.S. Assistance Programs in China
2016.
Table 2. U.S. Foreign Operations Appropriations for China: Legislative History
(FY2000-FY2014)
Fiscal
Year
Legislation
Provisions
2000
P.L. 106-113
(FY2000-FY2016)
Provisions
|
P.L. 106-113
|
Provided $1 million from the ESF account to nongovernmental organizations based
outside China to support activities that preserve cultural traditions and promote
sustainable development and environmental conservation in Tibetan communities in
China, as well as $1 million to the Robert F. Kennedy Memorial Center for Human
Rights to support research about China; made available unspecified ESF account funds to
NGOs located outside China that have as their primary purpose fostering democracy in
the PRC, and for activities of NGOs located outside China to foster democracy in the
PRC.
2001
P.L. 106-429
PRC.
P.L. 106-429
|
Made available up to $2 million in ESF funds to NGOs located outside the PRC to
support activities that preserve cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in China; amended Section 526
of P.L. 106-113 to strike
“"Robert F. Kennedy Memorial Center for Human Rights
”" and
insert
“"Jamestown Foundation
”"; made available unspecified ESF account funds to NGOs
located outside China that have as their primary purpose fostering democracy in the
PRC, for activities of NGOs located outside China to foster the rule of law and
democracy in the PRC, and to the National Endowment for Democracy (NED) or its
grantees to foster democracy in China.
2002
P.L. 107-115
P.L. 107-115
|
Provided $10 million (ESF) for activities to support democracy, human rights, and the
rule of law in China, of which up to $3 million may be made available for NGOs located
outside the PRC to support activities that preserve cultural traditions and promote
sustainable development and environmental conservation in Tibetan communities in
Tibet.
2003
P.L. 108-7
P.L. 108-7
|
Provided $15 million (ESF) for programs related to democracy, human rights, and the
rule of law in China and Hong Kong, of which up to $3 million may be made available to
support activities that preserve cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China, and not less than $3 million shall be
made available to the National Endowment for Democracy for programs in China;
continued the requirement that assistance for Tibetan communities be granted to
NGOs, but lifted the stipulation that the NGOs be located outside China; made
available ESF funds for Taiwan for the purposes of furthering political and legal reforms,
to the extent that such funds are matched from sources other than the U.S.
government.
a
2004
P.L. 108-199
a
2004
|
P.L. 108-199
|
Provided $13.5 million (ESF) for activities to support democracy, human rights, and the
rule of law in China and Hong Kong, including $3 million to NED; provided $4 million in
ESF funds to NGOs to support activities that preserve cultural traditions and promote
sustainable development and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in China; made available
ESF funds for Taiwan for the purposes of furthering political and legal reforms, to the
extent that such funds are matched from sources other than the U.S. government.
Congressional Research Service
15
U.S. Assistance Programs in China
Fiscal
Year
Legislation
Provisions
2005
P.L. 108-447
2005
|
P.L. 108-447
|
Provided $19 million (ESF) for programs in China and Hong Kong that support
democracy, human rights, and the rule of law, including $4 million to NED; provided $4
million in ESF funds to NGOs to support activities that preserve cultural traditions and
promote sustainable development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other Tibetan communities in
China, and $250,000 to NED for human rights and democracy programs related to
Tibet; made available ESF funds for Taiwan for the purposes of furthering political and
legal reforms, to the extent that such funds are matched from sources other than the
U.S. government; made available Development Assistance account funds to American
educational institutions to conduct programs and activities in China related to the
environment, democracy, and the rule of law.
2006
P.L. 109-102
2006
|
P.L. 109-102
H.Rept. 109-265
|
Provided $20 million out of the Democracy Fund (DF) for democracy-related programs
in China and Hong Kong, including $3 million to NED; provided $4 million in ESF funds
to NGOs to support activities that preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in China, and $250,000 to NED
for human rights and democracy programs related to Tibet; made available DF account
funds for Taiwan for the purposes of furthering political and legal reforms, to the extent
that such funds are matched from sources other than the U.S. government; provided $5
million in Development Assistance account funds to American educational institutions
for environmental, democracy, and rule of law programs in the PRC.
H.Rept. 109265
2007
P.L. 110-5
2007
|
P.L. 110-5
|
Because of the late enactment of the Continuing Appropriations Resolution for FY2007,
funding levels for many U.S. foreign aid programs for the year were not specified, but
continued at or near FY2006 levels.
2008
P.L. 110-161
2008
|
P.L. 110-161
|
Provided $15 million (DF) for democracy and rule of law programs in China and Hong
Kong; provided $5 million in ESF funds to NGOs to support activities that preserve
cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and $250,000 to NED for human rights and democracy
programs related to Tibet; made available DF account funds for Taiwan for the purposes
of furthering political and legal reforms, to the extent that such funds are matched from
sources other than the U.S. government; provided $10 million in Development
Assistance account funds to U.S. educational institutions and NGOs for environmental,
democracy, and rule of law programs in the PRC.
2009
P.L. 111-8
2009
|
P.L. 111-8
|
Provided $17 million (DF) for the promotion of democracy in China, Hong Kong, and
Taiwan; any assistance to Taiwan is to be matched from sources other than the U.S.
government; provided $7.3 million in ESF funds to NGOs to support activities that
preserve cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and $250,000 to NED for programs in Tibetan
communities; provided $11 million in Development Assistance account funds to U.S.
educational institutions and NGOs for programs and activities in the PRC related to the
environment, governance, and the rule of law.
2010
P.L. 111-117
2010
|
P.L. 111-117
H.Rept. 111-366
|
Provided $17 million (DF) for the promotion of democracy in China, Hong Kong, and
Taiwan; any assistance to Taiwan is to be matched from sources other than the U.S.
government; provided $7.4 million in ESF funds to NGOs to support activities that
preserve cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China; provided $12 million in Development Assistance account
funds to U.S. educational institutions and NGOs for programs and activities in the PRC
related to the environment, governance, and the rule of law.
H.Rept. 111366
2011
P.L. 112-10
2011
|
P.L. 112-10
|
The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L.
112-10) did not specify funding amounts for foreign assistance programs in China.
Congressional Research Service
16
U.S. Assistance Programs in China
Fiscal
Year
Legislation
Provisions
2012
P.L. 112-74
2012
|
P.L. 112-74
H.Rept. 112-331
S.Rept. 112-85
|
The conferees recommended $12 million from the ESF account to U.S. institutions of
higher education and NGOs for democracy, governance, rule of law, and environmental
programs in the PRC;
b approved $7.5 million in ESF funds to NGOs for activities that
preserve cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China.
H.Rept. 112331
S.Rept. 112-85
2013
P.L. 113-6
b
2013
|
P.L. 113-6
|
Under the Consolidated and Further Continuing Appropriations Act, 2013, most
Department of State foreign operations accounts continued at the same levels as
FY2012.
2014
P.L. 113-76,
Division K
FY2012.
2014
P.L. 113-76, Division K
Explanatory Statement, Division K
Provided $15 million in ESF funds for U.S. institutions of higher education and NGOs
for programs and activities related to democracy, rule of law, and the environment in
China; provided $7.9 million to NGOs to support activities that preserve cultural
traditions and promote sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in other Tibetan
communities in China.
Explanatory
Statement,
Division K
Source: Annual State Foreign Operations and Related Agencies appropriations legislation.
Notes: Not all directed appropriations for China were obligated fully or obligated during the year in which they
were allocated.
a.
The U.S. government provided $450,000 and $922,000 in FY2006 and FY2010, respectively, for programs to
strengthen Hong Kong political parties. Since 2003, U.S. funds also were made available to Taiwan for the
purposes of furthering political and legal reforms, if matching funds were provided. To date, Taiwan has not
received U.S. assistance for such purposes.
b.
2015
|
P.L. 113-235, Division J
Explanatory Statement, Division J
|
Provided $15 million in ESF funds for democracy, rule of law, and environmental programs in China, and $7.9 million to NGOs to support activities that preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.c
2016
|
P.L. 114-113, Division K
Statement of Conferees, Division K
|
Provided $15 million in ESF funds for democracy, civic advocacy, rule of law, and environmental programs in China; made available $8 million in ESF account funds to nongovernmental organizations to support activities that preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.d
Source: Annual State Foreign Operations and Related Agencies appropriations legislation.
Notes: Not all directed appropriations for China were obligated fully or obligated during the year in which they were allocated.
a.
The U.S. government provided $450,000 and $922,000 in FY2006 and FY2010, respectively, for programs to strengthen Hong Kong political parties. Since 2003, U.S. funds also were made available to Taiwan for the purposes of furthering political and legal reforms, if matching funds were provided. To date, Taiwan has not received U.S. assistance for such purposes.
b.
The conference report (H.Rept. 112-331
) stated that programs in the PRC "should support) referred to training for citizens, lawyers, and businesses on key
issues, including criminal justice, occupational safety, and environmental protection.
Author Contact Information
Thomas Lum
Specialist in Asian Affairs
tlum@crs.loc.gov, 7-7616
Congressional Research Service
17
"
c.
Of the $15 million in ESF funds provided for democracy programs, $3.5 million was spent in FY2015.
d.
The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235), §7032(f) stated that foreign operations appropriations for a "business and human rights program" in the People's Republic of China shall be made available on a cost-matching basis from sources other than the United States government. This stipulation continued in 2016. See the Consolidated Appropriations Act, 2016 (P.L. 114-113), Division K, §7043(e)(4).
Author Contact Information
[author name scrubbed], Specialist in Asian Affairs
([email address scrubbed], [phone number scrubbed])
Footnotes
1.
|
For further information on human rights conditions in China and related U.S. policy, see CRS Report R43964, Human Rights in China and U.S. Policy: Issues for the 114th Congress, by [author name scrubbed].
|
2.
|
U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2016.
|
3.
|
Including Peace Corps programs.
|
4.
|
The Consolidated Appropriations Act, 2014 (P.L. 113-76), Explanatory Statement, Division K, §7043, stated: "The Secretary of State and USAID Administrator are directed to provide no assistance to the central government of the PRC under Global Health Programs, Development Assistance, and Economic Support Fund, except for assistance to detect, prevent, and treat infectious diseases."
|
5.
|
"Senators Urge President Obama to Raise Human Rights Concerns during upcoming September Visit by Chinese President Xi Jinping to the United States," August 11, 2015, http://www.cardin.senate.gov/newsroom/press/release/senators-urge-president-obama-to-raise-human-rights-concerns-during-upcoming-september-visit-by-chinese-president-xi_jinping-to-the-united-states-
|
6.
|
In terms of "committed funds." OECD, Creditor Reporting System, http://stats.oecd.org/index.aspx?DataSetCode=CRS1.
|
7.
|
Ibid.
|
8.
|
"EU to Cut Aid to 19 Emerging Countries from China to Brazil," Agence France Presse, December 7, 2011.
|
9.
|
European Commission, "International Cooperation and Development, China," https://ec.europa.eu/europeaid/countries/china_en.
|
10.
|
European Commission: External Cooperation Programs, http://ec.europa.eu/europeaid/where/asia/country-cooperation/china/china_en.htm.
|
11.
|
European Union, China Strategy Paper 2007-13, January 1, 2013, http://eeas.europa.eu/delegations/china/documents/eu_china/china_sp_en-final.pdf.
|
12.
|
European Commission, "International Cooperation and Development, China," op. cit.
|
13.
|
OECD, Creditor Reporting System, ibid; USAID, "U.S. Overseas Loans and Grants," http://gbk.eads.usaidallnet.gov/; USAID, https://explorer.usaid.gov/.
14.
|
Ford Foundation, History (China), http://www.fordfoundation.org/regions/china/history/; Ford Foundation Grants Database, http://www.fordfoundation.org/grants/search.
15.
|
http://www.fordfoundation.org/pdfs/library/China-brochure-2011.pdf.
|
16.
|
Oxfam Annual Report 2013/2014, http://www.oxfam.org.hk/en/annualreport.aspx.
|
17.
|
Interview with a representative of Human Rights Watch, December 2014; Paul Eckert, "U.S., China Set 2011 Rights Meeting in 'Candid' Talks," Reuters, May 14, 2010.
|
18.
|
The Dui Hua Foundation is a U.S.-based human rights organization that focuses on the treatment of prisoners as well as criminal justice and women's rights in China. John Kamm, Dui Hua Foundation, "China's Human Rights Diplomacy: Past, Present, Future," Center for Strategic and International Studies, March 28, 2014.
|
19.
|
William F. Schulz, "Strategic Persistence," Center for American Progress, January 2009; "Temple University Leaders Celebrate China Rule of Law Program's 15th Anniversary," November 20, 2014, http://news.temple.edu/news/2014-11-20/temple-university-leaders-celebrate-china-rule-law-program-s-15th-anniversary.
|
20.
|
"Webb: Stop Sending China Money," August 6, 2011, http://webhttp://www.jameswebb.com/articles/foreign-policy-national-security/webb-stop-sending-china-money-2; Jim Angle, "Senators Outraged U.S. Borrowing Big from China While Also Giving Aid," Fox News.com, October 24, 2011; Chairman Donald A. Manzullo, "Opening Statement," Feeding the Dragon: Reevaluating U.S. Development Assistance to China, Hearing before the Subcommittee on Asia and the Pacific of the Committee on Foreign Affairs, November 15, 2011.
|
21.
|
Statement of Nisha Biswal, U.S. Agency for International Development, Feeding the Dragon: Reevaluating U.S. Development Assistance to China, Hearing before the Subcommittee on Asia and the Pacific of the Committee on Foreign Affairs, November 15, 2011; U.S. Department of State, "U.S. Assistance to China (Taken Question)," Daily Press Briefing, November 4, 2011.
|
22.
|
In 2000, the legislation that granted permanent normal trade relations (PNTR) treatment to China (P.L. 106-286) created the Congressional-Executive Commission on China. The commissioners are Members from both chambers of Congress and officials from the executive branch.
|
23.
|
Congressional-Executive Commission on China, Annual Report 2015, October 8, 2015.
|
24.
|
For a full list of U.S. government programs related to Tibet, see CRS Report R43781, The Tibetan Policy Act of 2002: Background and Implementation, by [author name scrubbed].
|
25.
|
Section 502B applies to security assistance.
|
26.
|
See the Consolidated Appropriations Act, 2016 (P.L. 114-113), Division K, §7043(f)(1): "The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring." See also the Tibetan Policy Act of 2002, Foreign Relations Authorization Act, FY2003 (P.L. 107-228), §616.
|
27.
|
See the Consolidated Appropriations Act, 2016 (P.L. 114-113), Division K, §7082(c). The "Kemp-Kasten" amendment, which has been included in annual foreign operations appropriations since FY1985, bans U.S. assistance to organizations that, as determined by the President, support or participate in the management of coercive family planning programs. Under Kemp-Kasten, Presidents Reagan, George H. W. Bush, and George W. Bush suspended contributions to the UNFPA due to concerns about coercive family planning practices in China. President Obama has supported U.S. contributions to the organization. For further information, see CRS Report RL33250, U.S. International Family Planning Programs: Issues for Congress, by [author name scrubbed].
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28.
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U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2016.
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29.
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Interviews with staff at the Department of State, Bureau of Democracy, Human Rights, and Labor, June 2010 and October 2014; U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2016.
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30.
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Temple University received $13 million in USAID grants and Democracy Fund support between 1999 and 2009 for its Master of Laws degree program in Beijing. Goldie Blumenstyk, "In China, Thinking Like an American Lawyer," The Chronicle of Higher Education, February 20, 2009.
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31.
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See CRS Report R43781, The Tibetan Policy Act of 2002: Background and Implementation, op. cit. See also the Consolidated Appropriations Act, 2016 (P.L. 114-113), Division K, §7043(f)(2)(B): "Funds appropriated by this Act under the heading "Economic Support Fund" shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities.... "
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32.
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http://www.ned.org/about.
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33.
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NED's core institutes are the International Republican Institute (IRI); the American Center for International Labor Solidarity (ACILS); the Center for International Private Enterprise (CIPE); and the National Democratic Institute for International Affairs (NDI).
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34.
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Congress provided directed funding out of the Democracy Fund to NED for programs in China between 2001 and 2007 and Tibetan areas between 2004 and 2009. Such funding supplemented resources available for China through NED's regular budget.
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35.
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See the Consolidated Appropriations Act, 2016 (P.L. 114-113), Division K, §7043(f)(1) and §7043(f)(2)(A).
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36.
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See "Tailoring Jobs Help Preserve Tibetan Culture." https://www.usaid.gov/results-data/success-stories/tailoring-jobs-help-preserve-tibetan-culture.
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37.
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The Tibetan and Himalayan Library, http://www.thlib.org/.
38.
|
See "Tibetan Herders Revive Land Damaged by Climate Change," https://www.usaid.gov/results-data/success-stories/little-seeds-plant-big-deeds-china.
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39.
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U.S. Department of State, Congressional Budget Justification for Foreign Operations, Fiscal Year 2016.
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40.
|
Ibid.
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41.
|
U.S. educational institutions participating in these programs included American University Washington College of Law, the University of Massachusetts, the University of the Pacific McGeorge School of Law, and Western Kentucky University. PRC partner universities included China University of Political Science and Law, South China University of Technology, and Zhejiang Gongshang University.
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42.
|
Statement of Nisha Biswal, U.S. Agency for International Development, before the Subcommittee on Asia and the Pacific of the Committee on Foreign Affairs, November 15, 2011.
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43.
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USAID, Congressional Notification #147, August 14, 2012.
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44.
|
Jointly administered by Vermont Law School and Sun Yat-sen University.
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45.
|
U.S. Department of State, U.S. Agency for International Development, "China: U.S. Foreign Assistance Performance Publication, Fiscal Year, 2009."
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46.
|
Information provided by USAID, November 2015.
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