September 13, 2000 CONGRESSIONAL RECORD — SENATE S8445 be rewarding ourselves with regard to don’t believe this amendment will do I know there are justifiable dif- trade. The opening has already been anything to change the situation. In- ferences of view. That is what this sys- given to China. We are the ones to stead, it would turn us to the discred- tem is all about. We ought to talk whom they have agreed, if this hap- ited, failed strategy of mandatory uni- about those. It is my view we have pens, to lower tariffs on a number of lateral sanctions and annual votes on talked about them and there ought to our things that go there. It really the status of China trade. be an end game so we can move on. We doesn’t change the situation much We have already talked a great deal, keep talking about the things we have with regard to China. It gives us a bet- of course, about the passage of an to do, including 11 appropriations bills ter opportunity to do that. amendment and the impact it would out of 13 that have not yet been passed. We also argue about how we imple- have on the relationship. I want to Several have not even been marked up. ment these changes. Are we more like- stress again that trying to work with We have less than 3 weeks, 14 days, to ly to bring about changes if we are part China on some of those things does not work on these. We know very well that of a multilateral group such as the make us oblivious to the things on the President is going to create some WTO or are we more likely to do it which we disagree with them. Surely, obstacles to the completion of our with the unilateral kinds of things for human rights we are going to continue work so he can have more leverage to ourselves? I happen to believe we would to champion. get the kinds of spending he wants and be better off to have an organizational Again, we have to consider how to put the pressure on the majority party structure such as the WTO to go best have an influence on bringing in the Congress. through to talk about some of the about change—change that has not oc- All these things are real and realistic things we think are not being done curred as completely as I would like. I and not unusual. I think we need to un- properly. Does that mean we don’t con- can tell you from my experience that derstand where we are. I think we need tinue to monitor things such as human there is change. The more visibility the to take a look at the job we do have to rights, that we don’t continue to mon- people of China have to the outside do so the American people can con- itor things such as weapons prolifera- world—the fact of market systems, the tinue to be served by those programs tion? Of course not. The question real- fact that personal freedoms provide a that are in the appropriations, that we ly is, Do we go ahead with this bill as much better way of life, it is becoming continue to strengthen education, so it is and at the same time go ahead and more and more evident. For years, of we can do something about fairness monitor the other things as well? course, they have not had any oppor- and tax relief, so that we can move for- I am opposed to the Thompson tunity to see what is going on in the ward in moving some of this money to amendment, which is an amendment to world. For example, things have lower the debt. We ought to continue the bill to establish normal trade rela- changed substantially in China. Now to work in seeking to get some of the tions. they see it. It is important to encour- pay back for strengthening Medicare so First of all, as I mentioned, I am age changes that need to take place. some of those reductions that have chairman of the subcommittee that has Of course, with respect to another been made can be replaced so we have jurisdiction over some of these issues. statute that does something about pro- services in the country. I have par- Neither the Foreign Relations Com- liferation, we already have numerous ticular interest in that as cochairman mittee nor the Banking Committee has statutes available to the President. of the rural caucus for health care. been afforded the opportunity to con- There is a long list, including the Ex- Some of the small hospitals and small sider and debate this issue before it port-Import Bank Act, the Arms Con- clinics need it to happen. We need to was brought to the floor. That is not trol Disarmament Act, the Arms Ex- move forward and not spend 2 weeks on the customary way to deal with issues port Control Act, and the International a repetitious review of the same issues. that are as far reaching as this one. To Emergency Economic Powers Act. It There comes a time we should move bring it to the floor without going goes on and on. They provide the very forward. through the committees and giving the authority that is being talked about in Therefore, I strongly urge we do committees of jurisdiction the oppor- some of these amendments. They are in move forward and that we do not tunity to consider it—the Banking place. amend the bill before the Senate. Con- Committee, as you know, which has ju- Someone said it gives the President clude it and send it to a satisfactory risdiction over a portion of these kinds the opportunity to decide and be flexi- signing at the White House and move of arrangements, is very upset about ble about it. Then the author—in this forward on the issues facing the Sen- this process. case, the Senator from Tennessee— ate. We, of course, argue that under the assures Members that this also has a I suggest the absence of a quorum. time constraints it is most difficult. waiver and it gives the President the The PRESIDING OFFICER. The The House passed a bill to open normal opportunity to change. We have very clerk will call the roll. trading relations. By the way, the Sen- little reason to have more legislation The assistant legislative clerk pro- ate has done it every year for normal in this area. ceeded to call the roll. trading relationships. This is really a Finally, I vote against this amend- Mr. SMITH of New Hampshire. Mr. departure from what has been done. ment for the same reason I voted President, I ask unanimous consent But certainly, if we amend it at this against all the amendments that pre- that the order for the quorum call be time in this session, we will have a dif- ceded it. I am, along with the distin- rescinded. ficult time getting it completed. guished Senator from Delaware, Mr. The PRESIDING OFFICER. Without My first problem is jurisdictional, of ROTH, chairman of the Finance Com- objection, it is so ordered. course. It was introduced by Senator mittee, and many others, opposed to f THOMPSON. We had plenty of time and adding amendments that will, indeed, could have done it in May. It could have the effect of delaying or killing TO AUTHORIZE EXTENSION OF have gone through those committees. the PNTR bill. Most any amendments NONDISCRIMINATORY TREAT- But it didn’t go to either committee. would have that effect. I believe most MENT TO THE PEOPLE’S REPUB- Certainly the kinds of changes that of the Members of this body also be- LIC OF CHINA—Continued would be made there would apply. We lieve that because each of the amend- AMENDMENT NO. 4129 ought to have that kind of process and ments that have been offered have not Mr. SMITH of New Hampshire. Mr. not limit the process entirely. The survived and have lost by a rather sub- President, very shortly there will be a House, of course, has passed this bill by stantial vote. I hope we continue to do vote on one of the divisions in my a large majority, and we need to move that. amendment to the PNTR legislation. forward with it. It is pretty unrealistic while we are This is a particular odious practice Aside from the jurisdictional con- trying to complete the work of this that occurs now in China called organ cerns, I have a fairly large number of Congress to think we can spend an- harvesting. It is hard to imagine that substitute concerns regarding issues of other week going back and forth in any nation in the world today would proliferation, and particularly the conference with the House and get this conduct activities as odious as this, problem of transfers to Pakistan. I done. but it does happen.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8446 CONGRESSIONAL RECORD — SENATE September 13, 2000 As we know from the debate that has it is going to require us to have to con- tion, student demonstrators, and any- been occurring on the permanent nor- ference with the House, and therefore one who appears to be questioning or mal trade relations with China, most of it might slow the bill down. challenging the Government of China the predictions are it is going to pass, If we are giving permanent status to is subject to harassment, intimidation, perhaps overwhelmingly. I personally China, what is a few more minutes? If arrest, incarceration, including in the oppose the legislation. But if we are we pass it, the House passes it, we infamous laogai, or slave labor camps, going to pass it, I believe we have an amend it here, send it over to the and, in certain cases, execution. obligation to at least call to the atten- House this morning or this afternoon, When Tiananmen Square occurred in tion of the rest of the world, and frank- by dinnertime the House agrees to it, 1989, peaceful student protesters, in- ly to our own people here in America, puts it on the President’s desk, he has cluding the sons and daughters of the the barbaric practices that are occur- breakfast tomorrow morning—has a Communist Party’s elite, were mowed ring in this country to which we are glass of juice, coffee, whatever, a muf- down, run over by PLA tanks. There about to give permanent normal trade fin—and then signs the bill. What is are far fewer dissidents in China than status. lost? there were 11 years ago after that expe- Permanent is a pretty strong word. When we do that, we could get some rience. Permanent means permanent. Under of these amendments. This monitoring Even the Falun Gong, which prac- the permanent normal trade relations language we should have in this bill. tices breathing and meditation exer- bill, there is a process for monitoring To do otherwise, with all due respect to cises, has been subject to brutal repres- the activities. There is a commission my colleagues, is simply to say: I am sion by Chinese authorities, and many that is set up. My amendment is very going to look the other way while of these worshipers have disappeared in simple. It says: organ harvesting takes place in China. the Chinese gulags, and some have died in police custody—great candidates for The Commission shall monitor the actions We don’t want to rock the boat. We of the government of the People’s Republic don’t want to offend the Chinese. We organ harvesting. of China with respect to its practice of har- don’t want to make anybody unhappy. ABC’s report also found that Chinese vesting and transplanting organs for profit We don’t want to offend the House be- nationals living on student visas were from prisoners that it executes. cause they didn’t put it in, so therefore marketing these organs to Americans and other foreigners who had the funds So all my colleagues know, this we are not going to conference this. We to make a $5,000 deposit and who then amendment simply says the commis- don’t want to rock the boat. sion shall monitor these activities in That is wrong. To put it bluntly, that traveled to China to the People’s Lib- China as best they can and report to is wrong. eration Army hospital where they re- the American people what they find. I Let me speak briefly about the con- ceived a kidney transplant. These kidneys are tissue typed and believe very strongly it is wrong for us tent of my amendment. Organ har- the prisoners are also tissue typed in as a nation to look the other way and vesting, there was an expose done on order to achieve an ideal match. Think say it is OK to make money, to trade this in 1997 by ABC News. This is not about that. Prisoners are executed, with China, sell our agricultural prod- BOB SMITH talking. This is one of the some of them for doing nothing more ucts, and ignore these types of human three major networks that televised a than protesting against the Govern- rights violations. documentary on the practice of organ ment of China. They are sent to prison In the debate yesterday I discussed harvesting in Communist China. In this briefly. We heard a lot about not and executed so that people can pay up that documentary, in 1997, it depicted to $30,000 for one of their kidneys or delaying the bill. The House has sent prisoners—these are not necessarily some other organ, and the money goes us over a bill—which, by the way they murderers. These are just prisoners. to the Chinese military. amended, they added some things to Some of them just put in there, actu- I ask my colleagues, with all due re- the monitoring—and they sent it back ally charged with nothing—so-called spect—and I respect the rights of Mem- to the Senate. Now many of my col- crimes against the state. But it showed bers to exercise their own views and leagues who are supporting PNTR are prisoners who were videotaped, lined votes; of course, it goes without say- saying: Let’s not delay this. If we agree up against a wall and executed with a ing, but I ask you: Is it unreasonable to to these amendments, the Smith bullet directly to the head. This, un- ask my colleagues to put this in the amendment or the Thompson amend- like a lethal injection, preserves the monitoring provisions of PNTR so that ment or the Wellstone amendment or organs for harvesting. we can monitor these activities and re- any other amendment that has been of- The documentary also claimed the port to the world what is happening? Is fered, we are going to delay the proc- prisoners were executed on a routine that so bad? If it delays this bill a few ess. Maybe it is a good idea to call at- basis. This was not an exception. Their hours, if we have to conference it with tention to the fact they are harvesting organs were sold to people who were the House—it is permanent—is that so organs obtained unwillingly by exe- willing to pay up to $30,000 for a kid- bad? cuting prisoners, but we don’t want to ney, for example. We might save a few lives. The more mess up the whole debate here. We do Human rights organizations have es- the world knows about this, and the not want to mess up an agreement we timated that at that time, the time the more world public pressure comes to have with the House. documentary aired, more than 10,000 the Chinese, we might save some lives. We go to conference on hundreds of kidneys alone—just kidneys, not to For the sake of a little time before we bills year after year. We are going to mention any other organs—10,000 kid- pass this bill that has been debated go to conference on 13 appropriations neys alone from Chinese prisoners had now for several days—it has been bills. It is what you do. That is why we been sold, potentially bringing in tens talked about for a year or two—is it so have a House and a Senate. It is what of millions of dollars to—guess where bad for my colleagues to vote to allow the Founding Fathers wanted us to do. the money goes—the Chinese military. a commission to study and report on So if it takes a few days or a few Does this sound like Huxley’s ‘‘Brave this? I ask them, is it really that big a hours—most likely a few minutes—to New World’’ or what—executing pris- deal for us to try to save people whose conference an amendment such as the oners to get their organs to get the basic human right, the right to life, is one we are about to vote on, which I money to the Chinese military. being denied for the sake of organ do- am about to speak on in a moment—if The Chinese Government, as it does nors? To make it worse, in some cases it takes a few minutes to have the with most human rights abuses, denies Americans are buying those kidneys, House agree to it, so what. What is the this practice takes place. But it is im- hearts, livers, and other organs. big deal? portant to keep in mind that China U.S. law prohibits this activity. It is This is very disturbing. Yet my col- does not have a rule of law. unlawful in the United States for ‘‘any leagues are saying to other colleagues: Prisoners are subject to arbitrary ar- person to knowingly acquire, receive, Don’t vote for the Smith amendment, rest and arbitrary punishment without or otherwise transfer any human organ the Wellstone amendment, the Helms due process. People of religious faith, for valuable consideration for use in amendment, the Thompson amend- environmental activists, human rights human transplantation if the transfer ment, or any other amendment because activists, opponents of coercive abor- affects interstate commerce.’’

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8447 Congresswoman Linda Smith, before barely knew, with at least $10,000 in cash. vesting’’ organs from patients who are brain- she left office, introduced a resolution They encountered a medical culture where dead, but whose hearts are still beating. And 3 years ago which deplored this prac- kidneys were given to those with money and when the issue of executed prisoners come a doctor could stop treatment if a patient into play, transplants become politically ex- tice and called upon the administration didn’t pay up. Surgeons advised them to wait plosive. ‘‘It is well known that the death to bar from entry to the United States until a major holiday, when authorities tra- penalty is often meted out in China for any Chinese official directly involved ditionally execute the most prisoners. things that most people in Western countries in the practice of organ harvesting. It China’s preferred method of capital punish- would not regard as capital crimes,’’ said urged the prosecution of individuals ment, a bullet to the back of the head, is Roy Calne, a professor of surgery at both engaged in marketing and facilitating conducive to transplants because it does not Cambridge University and the National Uni- these transplants under U.S. law. contaminate the prisoners’ organs with poi- versity of Singapore. Using organs from exe- sonous chemicals, as lethal injections do, or There is no one in the House or Sen- cuted prisoners is not only ethically wrong, directly affect the circulatory system, as he says, but discourages potential donors to ate who would not recognize the name would a bullet through the heart. step forward in China: ‘‘If the perception of of Harry Wu, the renowned human More than 1,000 Malaysians have had kid- the public in China is that there’s no short- rights activist and Chinese dissident ney transplants in China, according to an es- age of organs you’re not likely to get any en- who was arrested in China, detained, timate by Dr. S.Y. Tan, one of Malaysia’s thusiasm for a donation program.’’ and finally released. Thanks to the leading kidney specialists. Many patients go It is impossible to know exactly how many work of Laogai Research Foundation, after giving up hope of finding an organ Asians travel to China for organ transplants. donor in Malaysia, where the average wait- But data informally collected from doctors we are aware of ongoing Chinese en- ing period for a transplant is 16 years. Inter- in at least three countries suggest the num- gagement in organ harvesting of exe- views with patients who underwent the oper- bers are in the hundreds every year. Also im- cuted prisoners. ation in China reveal how the market for possible to confirm is whether all patients in It is unreasonable, it is unfair for us Chinese kidneys have blossomed here—to the China receive organs from executed pris- to add this provision that will expose point where patients from Malacca nego- oners and not other donors. But patients this to the world and say, once and for tiated a special price with Chinese doctors. interviewed for this article say doctors in all, that it is wrong and that we are In 1998, two doctors from the Third Affili- China make no secret of where the organ ated Hospital, a military-run complex in not going to allow ourselves to be comes from. The day before convicts are exe- Chongqing, came to Malacca and spoke at cuted—usually in batches—a group of pa- dragged into saying that, for the sake the local chapter of the Lions Club about tients in the hospital are told to expect the of profit, for the sake of selling wheat, their procedures. Kidney patients worked operation the next day. corn, rice, and other agricultural prod- out a deal with the doctors: Residents of Ma- Melvin Teh, 40, a Malacca businessman ucts, for the sake of greed and profit, lacca would be charged $10,000 for the proce- who received a kidney transplant from a hos- we are going to ignore this? How can dure instead of the $12,000 paid by other for- pital in Guangzhou two years ago, says doc- we do that in good conscience? eigners. It goes without saying that the kid- tors did not offer the names of the prisoners. The sad part, frankly—the American ney transplants these doctors perform are ‘‘They just tell you it was a convict,’’ he highly controversial. The Transplantation said. ‘‘They don’t tell you what he did.’’ people may not understand this—about Society, a leading international medical Mrs. Young says doctors told her that the what is happening in the Senate is that forum based in Montreal, has banned the use donors were all ‘‘young men’’ who had com- people are saying: Don’t vote for the of organs from convicted criminals. Human mitted ‘‘serious, violent’’ crimes. Chinese of- Smith amendment because that is rights groups call the practice barbaric. But ficials have admitted that organs are occa- going to slow the process down; don’t patients here who have undergone the oper- sionally taken from convicts, but deny that vote for it. ation in China say they were too desperate the practice is widespread. ‘‘It is rare in It is not going to slow the process at the time to consider the ethical con- China to use the bodies of executed convicts or organs from an executed convict,’’ an offi- down enough to matter, and this is im- sequences. Today they are simply happy to be alive. The trip to Chongqing offered them cial from the Health Ministry was quoted as portant. It is a commission. It is a an escape from the dialysis machines, blood saying in the China Daily in 1998. ‘‘If it is study. That is all it is, and that is all transfusions, dizziness and frequent bouts of done, it is put under stringent state control we are asking. vomiting. And why, they ask, should healthy and must go through standard procedures.’’ Mr. President, I ask unanimous con- organs be put to waste if they can save lives? That view does not jibe with the stories that sent to print an article on incidents re- ‘‘Ethics are only a game for those people patients from Malacca tell, where kidneys garding organ harvesting in the who are not sick,’’ says Tan Dau Chin, a are essentially handed out to the highest paramedic who has spent his career working bidders, often foreigners. RECORD. with dialysis patients in Malacca. ‘‘Let me Mr. Leong, the Chongquing patient, and There being no objection, the article put it this way: What if this happened to his wife, Karen Soh, who accompanied him was ordered to be printed in the you?’’ Simon Leong, 35, a Malaccan who un- to China, say money was paramount for the RECORD, as follows: derwent a successful operation two years ago surgeons involved in the operation. They re- [From the International Herald Tribune, in Chongqing, says the principle of buying an counted how another malaysian kidney June 15, 2000] organ is ‘‘wrong.’’ ‘‘But I was thinking, I transplant patient who suffered complica- tions while in Chongqing had run out of cash. AN EXECUTION FOR A KIDNEY—CHINA have two sons. Who’s going to provide for ‘‘They stopped the medication for one day, SUPPLIES CONVICTS’ ORGANS TO MALAYSIANS them?’’ Corrine Yong, 54, who returned from Chongqing two months ago after a successful ‘‘Mrs. Soh said, referring to the anti-rejec- (By Thomas Fuller) operation, was told that if she did not re- tion drugs. The patient was already very MALACCA, MALAYSIA.—The night before ceive a transplant she would probably not sick and eventually died of infection upon their execution, 18 convicts were shown on a live much longer. ‘‘I didn’t have a choice,’’ her return to Malaysia, according to Mrs. Chinese television program, their crimes an- she says of her decision to go to China. For Soh. Patients say they are advised by friends nounced to the public. Wilson Yeo saw the kidney patients in Malaysia the chances of who have already undergone a transplant to broadcast from his hospital bed in China and obtaining a transplant from a local donor are bring the surgeons gifts. Mrs. Young brought knew that one of the men scheduled to die slim. Despite an extremely high death rate a pewter teapot and picture frame. Mrs. Soh would provide him with the kidney he so on Malaysian roads—in a country of 22 mil- and her husband brought a bottle of Martell badly needed. lion people, an average of 16 people are killed cognac, a carton of 555 brand cigarettes and Mr. Yeo, 40, a Malaysian who manages the every day in traffic accidents—the organ do- a bottle of perfume for the chief surgeon’s local branch of a lottery company here, says nation system is woefully undeveloped. wife. ‘‘They call it ‘starting off on the right he never learned the name of the prisoner Kidneys were transplanted from just eight foot,’ ’’ Mrs. Soh said. whose kidney is now implanted on his right donors last year. Thousands of people are on After the operation was complete, the cou- side. He knows only what the surgeon told the official waiting list. Dr. Tan, the Malay- ple gave two of the doctors ‘‘red packets’’ him: The executed man was 19 years old and sian kidney specialist, says the small num- filled with cash: 3,000 yuan ($360) for the sentenced to die for drug trafficking. ‘‘I ber of donors in Malaysia is partly due to re- chief surgeon, and 2,000 yuan for his assist- knew that I would be getting a young kid- ligious and cultural taboos. Malaysian Mus- ant. Other patients also ‘‘tipped,’’ although ney,’’ Mr. Yeo says now, one year after his lim families in particular are reluctant to the amounts varied. It might be tempting to successful transplant. ‘‘That was very impor- allow organs to be removed before burial, al- see the market for Chinese organs as part of tant for me.’’ Over the past few years at though this is not the case in some other the more general links that overseas Chinese least a dozen residents of this small Malay- Muslim countries, such as Saudi Arabia, have with the mainland. Many of the pa- sian city have traveled to a provincial hos- which has a relatively high number of do- tients are indeed, ethnically Chinese and pital in Chongqing, China, where they paid nors. come from countries—Malaysia, Taiwan, for what they could not get in Malaysia: Organ donation has always been an uncom- Thailand—with either links to the mainland functioning kidneys to prolong their lives. fortable issue. The terminology is euphe- or large ethnic Chinese populations. Yet if They went to China, a place most of them mistic and macabre: Doctors speak of ‘‘har- the experience of Malaysian patients is any

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8448 CONGRESSIONAL RECORD — SENATE September 13, 2000 indication, the tip to China provides a severe agulants directly before a prisoner was shot being executed...have lost all their polit- culture shock. Patients recalled unsanitary to ease the process of organ retrieval. ical rights.’’ In reference to family consent, conditions, and for those who did not speak Mr. Wang informed Mr. Wu that he should Wang states, ‘‘as long as one gets the fam- Mandarin the experience was harrowing. prepare his patients for travel to China ily’s consent, and if there is no family, once Mr. Leong, who speaks little Mandarin, around the time of a national holiday. ‘‘Exe- he is executed, we’ll just directly take the was helped by his wife who wrote out a list cuting criminals during the holidays can corpses away...It is not necessary to tell of phrases for her husband to memorize. The frighten criminals and maintain social safe- them about taking their organs.’’ list included: ‘‘I’m feeling pain!’’ ‘‘I’m ty,’’ Wang explained. ‘‘Back in China, there Due to the phenomenon of migrant labor thirsty.’’ ‘‘Can you turn me over?’’ Mr. will definitely be executions before May 1st entering cities all over China, many pris- Leong would simply say the number that (Chinese National Labor Day), there is no oners have no family in the provine where corresponded to his complaint and the nurse question about that. I have done that for a they were arrested. Wang Chengyong esti- would check the list. But more difficult than long time . . . In China, every year their mated that in the prisons of Hainan (one of communicating is paying for the transplant. death-row prisoners total like over 40% of China’s booming ‘‘special economic zones’’) For the Leongs it involved pooling savings the whole world’s. Execution by shooting where he had served as a prosecutor, that from family members and appealing for happens a lot. Every year, right before the about one quarter of prisoners had no family funds through Chinese-language newspapers. four festivities take place, a group of people in the province. Regarding these migrants, The cost of an operation amounts to several will surely get killed, one hundred percent. Wang says, ‘‘say you are a wandering years’ salary for many Malaysians. Yet de- It has been going on like this for decades.’’ criminal...And once you wandered to Hai- spite financial problems and culture shock, When patients arrive in China, there would nan, you got arrested and you’ll be killed all four patients interviewed for this article be no problem to arrange a spot in a hospital over there. Before you are killed, your fam- said they had no regrets. where the operation would be performed. The ily members will be notified...But the Mr. Yeo enjoys a life of relative normalcy, Public Security Bureau informs the hospital family members may not necessarily come maintaining a regular work schedule and of execution dates, allowing doctors to pre- to collect the cadaver, he may not have any jogging almost every day. He says he was so dict the time of an operation. Such pre- family members at all.’’ weak before his transplant that he had trou- diction is completely unheard of in other COLLABORATION IN THE ORGAN HARVESTING ble crossing the street and climbing stairs. hospitals where organs come from donors PROCESS Four-hour sessions three times a week on di- who must first sign their consent for dona- In China today, this blatant violation of alysis machines were ‘‘living hell.’’ Does it tion and then die of natural causes before international standards of medical ethics disturb him that an executed man’s kidney their organs can be removed. and human rights law is manipulated to cre- is in his abdomen? ‘‘I pray for the guy and Organs are harvested at the sight of execu- ate a moneymaking enterprise for all parties say, ‘Hopefully your after life is better,’ ’’ tion. Mr. Wang referred directly to Chinese involved. As a former prosecutor, Wang Mr. Yeo said, And has he ever wondered regulations that forbid vehicles that are Chengyong also benefited from his role in whether the prisoner might have been inno- market as ambulances from entering execu- the process, and spoke of how everyone re- cent? Mr. Yeo pauses and stares straight tion grounds. [On October 9, 1984, a joint reg- ceives their own payoff in collaboration for ahead. ‘‘I haven’t gone through that part— ulation was signed entitled The Provisional organ retrieval. Wang named these separate the moral part,’’ he said. ‘‘I don’t know. I Regulations of the Supreme People’s Court, parties as follows: ‘‘these are the several as- can’t question it too much. I have to live.’’ the Supreme People’s Procuratorate, Min- pects, the Public Security Bureau, the istry of Public Security, Ministry of Justice, procuratorate, the court, the judicial organi- WANG CHENGYONG: BROKERING CHINESE Ministry of Public Health, and Ministry of zation, plus hospitals and the families. Let ORGANS FOR AMERICAN PATIENTS Civil Affairs on the Use of Dead Bodies or Or- us say, there ought to be these six aspects.’’ gans from Condemned Criminals. The docu- In February of 1998, an acquaintance in- In negotiations with Mr. Wu, Wang mentions ment stipulates that ‘‘Vehicles from medical formed Harry Wu of a man named Wang each of these parties and calculates a large institutions may be allowed to enter into the Chengyong who was attempting to arrange amount of money that he will take from any execution ground to remove organs, but ve- kidney transplants for U.S. patients in the individual coming from the U.S. to China hicles displaying the logo of medical institu- People’s Republic of China. Wu videotaped seeking a transplant operation. As all these tions are not be be used.’’] Instead, the conversations with Wang, a former pros- governmental units collaborate to make this marked vehicles wait directly outside the ecutor from Hainan Province in China, who process possible, this amounts not to black execution area and within minutes after the was attempting to sell kidneys from exe- market oriented scandal, but an effort that shot is fired, they are permitted inside to re- cuted prisoners in China to potential recipi- is sanctioned, coordinated and carried out by trieve organs from the executed prisoners. ents in the U.S. Wu turned over the video the Chinese government. material to the FBI, who conducted their Mr. Wang describes the process as follows: Many of Wang Chengyong’s most chilling own sting operation and arrested Wang. ‘‘Regarding the coordination by the hospital, statements involve the vastness of China’s Mr. Wu participated in several taped con- that is, we must tell them about the situa- system of removal of organs from executed versations with Wang Chengyong discussing tion ahead of time....When the time prisoners for use in transplant operations. the possibility of organ procurement involv- comes, the hospital’s vehicle will follow the According to many of Wang’s statements, ing executed Chinese prisoners. In these con- execution vehicle, from behind. However, the this procedure is highly common in China versations, Harry Wu posed as a doctor from hospital vehicle can’t enter within the warn- and well known among all participating lev- Aruba whose patients were waiting for kid- ing security line, they can only park outside els. He even brags about the execution proce- ney transplants. Their conversations re- of the line. But once the gun shot is dures in Hainan Province that are especially vealed the entire process by which organs of heard...the medical vehicle will come in, conducive to kidney harvesting. He says, ‘‘In executed prisoners from China’s Laogai are arriving on the site. And if there’s anything Hainan, they shoot at the heart, from the harvested and used in transplant operations. that can be done on the scene, do that or just back. And they have court doctors to con- [All quotes and information in reference to bring it back to the hospital.’’ Mr. Wang af- firm . . . where the bullet enters. Once shot, conversations of Harry Wu and Wang firmed that due to this efficient process of the bullet will just go through the heart . . . Chengyong can be found in the transcripts retrieval and transport, the organ is only out the heart and the kidney, they are far from from case files of The United States of Amer- of the body for a few short hours, preserving each other. The shots will not be off target, ica vs. Cheng Yong Wang, United States Dis- its quality. In the US where organs must be lest damaging the kidney.’’ He also quickly trict Court, Southern District of New York, retrieved from whatever location a donor and easily estimates that there will be at government exhibit 1T.] This evidence con- happens to die, doctors are often forced to least 200 executions in Hainan Province firms the testimonies and reports from many preserve organs outside the body for longer every year and that he personally can gain human rights organizations that have re- periods of time. access to kidneys and other body parts from ported on this practice in years past. THE ISSUE OF CONSENT at least fifty of these 200. He tells Mr. Wu, A PROSECUTOR’S VIEW OF THE ORGANS TRADE In his conversations with Harry Wu, Wang ‘‘Chinese hospitals do not lack for cadavers In conversations negotiating potential Chengyong also mentions the issue of con- . . . in China there are too many executions organ deals, Mr. Wang revealed many details sent. According to Wang, consent must only by shooting. The medical schools can just regarding his own role as a prosecutor within be asked of the accused’s family members. If get them any time they want . . . China is the process of conviction and execution of the family gives consent, authorities are free not lacking in corpses.’’ Later he once again Chinese prisoners, and how officials at all to do what they will with the body after exe- emphasizes this point, ‘‘China has no lack of levels within this process collaborate to har- cution. If they refuse their consent, they will this . . . China lacks other things. China has vest the organs of the prisoners they exe- be bribed and coerced until they give in. If a lots of people, lots of death-row prisoners.’’ cute. He stated that it could be arranged for criminal has no family, as Wang states the As Wang Chengyong attempted to profit a doctor to come into the detention center to job is easier still because then consent is of from the harvesting of organs from this perform blood tests on prisoners prior to no issue whatsoever. When asked about con- seemingly limitless supply of death-row pris- their execution, matching their blood with sent of the prisoner, Wang responds, ‘‘...in oners, he mentions the possibility of pro- potential donors and ensuring that they were China this thing is different from the United curement of kidneys, corneas and other body in good health. These would be the same doc- States, regarding this issue of dead people’s parts. He is an integral part of a system that tors who would administer a shot of anti-co- organs...Death penalty prisoners who are perpetuates this practice all over China to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8449 the profit of Chinese governmental officials The PRESIDING OFFICER. Without Roth Stevens Warner and adding one more gruesome example to Schumer Thomas Wyden objection, it is so ordered. Smith (OR) Voinovich the list of human rights violations that Mr. LEVIN. Mr. President, the Smith occur in the Chinese Laogai system. amendment would require the Congres- NOT VOTING—5 Mr. SMITH of New Hampshire. Mr. sional-Executive Commission on the Akaka Jeffords McCain President, I urge my colleagues to vote People’s Republic of China to monitor Gorton Lieberman for the Smith amendment on organ the actions of the Government of the The amendment was rejected. harvesting. Do not listen to the talk on People’s Republic of China with respect Mr. MOYNIHAN. Mr. President, I the floor that we need to stay together to the harvesting of organs from exe- move to reconsider the vote. on PNTR and not have any amend- cuted prisoners. I believe the allega- Mr. SANTORUM. I move to lay that ments which might slow down the motion on the table. process. I urge my colleagues to vote tions that Chinese officials harvest or- gans from executed prisoners are ex- The motion to lay on the table was yes not only on the Smith amendment agreed to. but other amendments that are offered tremely serious. However, the Congres- by colleagues that will expose some of sional Executive Commission already VOTE ON AMENDMENT NO. 4129, DIVISION VI the basic human rights violations that has jurisdiction to look at this practice Mr. ROTH. Mr. President, I ask for have occurred in China and are still oc- because it is a human rights violation the yeas and nays on the Smith amend- curring in China. It is wrong to look and the Commission has jurisdiction to ment. the other way and to sanction it while monitor and report on human rights The PRESIDING OFFICER. Is there a we provide aid, food, and trade to this violations in the PRC. This very seri- sufficient second? nation. ous allegation should not be singled There is a sufficient second. Mr. President, I yield the floor and out among all the human rights abuses The question is on agreeing to suggest the absence of a quorum. of the Chinese government when it is amendment No. 4129, division VI. The The PRESIDING OFFICER. The already covered as part of what the clerk will call the roll. clerk will call the roll. Commission can monitor and report The legislative clerk called the roll. The assistant legislative clerk pro- on. Mr. NICKLES. I announce that the ceeded to call the roll. VOTE ON AMENDMENT NO. 4131 Senator from Washington (Mr. GOR- Mr. ROTH. Mr. President, I ask unan- Mr. ROTH. Mr. President, I yield TON), the Senator from Vermont (Mr. imous consent that the order for the back the remainder of my time and ask JEFFORDS), and the Senator from Ari- quorum call be rescinded. for the yeas and nays. zona (Mr. MCCAIN) are necessarily ab- The PRESIDING OFFICER. Without sent. objection, it is so ordered. The PRESIDING OFFICER. Is there a sufficient second? Mr. REID. I announce that the Sen- Mr. ROTH. Mr. President, I rise in ator from Hawaii (Mr. AKAKA) and the There appears to be a sufficient sec- opposition to this proposal offered by Senator from Connecticut (Mr. LIEBER- ond. my distinguished colleague from New MAN) are necessarily absent. The question is on agreeing to the Hampshire. I must do so because its The PRESIDING OFFICER (Mr. Byrd amendment No. 4131. The clerk passage will endanger H.R. 4444, not be- BURNS). Are there any other Senators will call the roll. cause of the sentiments expressed in in the Chamber who desire to vote? the proposal. The assistant legislative clerk called The result was announced—yeas 29, As the State Department Human the roll. nays 66, as follows: Rights Report of 1999 states, in recent Mr. NICKLES. I announce that the [Rollcall Vote No. 241 Leg.] years there have been credible reports Senator from Washington (Mr. GOR- YEAS—29 that organs from executed prisoners in TON), the Senator from Vermont (Mr. China were removed, sold, and trans- JEFFORDS), and the Senator from Ari- Abraham Gregg Mikulski planted. Chinese officials have even Ashcroft Hatch Santorum zona (Mr. MCCAIN) are necessarily ab- Bunning Helms Sarbanes confirmed that executed prisoners are sent. Burns Hollings Sessions among the source of organs for trans- Mr. REID. I announce that the Sen- Byrd Hutchinson Smith (NH) Collins Inhofe plant. Of course, they maintain that ator from Hawaii (Mr. AKAKA) and the Snowe Craig Kennedy Specter they get the consent of prisoners or Senator from Connecticut (Mr. LIEBER- DeWine Kohl Thompson their relatives before organs are re- Dorgan Kyl MAN) are necessarily absent.–– Torricelli moved. The result was announced—yeas 33, Feingold Leahy Needless to say, China’s organ har- nays 62, as follows: NAYS—66 vesting practices are as gruesome as [Rollcall Vote No. 240 Leg.] Allard Enzi McConnell they are indefensible. But ending trade Baucus Feinstein Miller with China is unlikely to force the Chi- YEAS—33 Bayh Fitzgerald Moynihan nese to change their behavior in this Abraham Helms Santorum Bennett Frist Murkowski Ashcroft Hollings Sarbanes Biden Graham Murray area. Indeed, by opening China to trade Bayh Hutchinson Sessions Bingaman Gramm Nickles and to global standards of economic be- Bunning Hutchison Shelby Bond Grams Reed havior we may well prod China to Byrd Inhofe Smith (NH) Boxer Grassley Reid abandon its practices regarding organ Campbell Kennedy Snowe Breaux Hagel Robb Collins Kohl Specter Brownback Harkin Roberts harvesting. DeWine Leahy Thompson Bryan Hutchison Rockefeller Let us remember as well that H.R. Edwards Levin Thurmond Campbell Inouye Roth 4444 establishes a congressional-execu- Feingold Mikulski Torricelli Chafee, L. Johnson Schumer tive commission on China which I be- Gregg Rockefeller Wellstone Cleland Kerrey Shelby Cochran Kerry Smith (OR) lieve holds promise for pressuring NAYS—62 Conrad Landrieu Stevens China to curb its human rights abuses, Allard Dodd Kerry Crapo Lautenberg Thomas including the grotesque practice of har- Baucus Domenici Kyl Daschle Levin Thurmond vesting organs. Bennett Dorgan Landrieu Dodd Lincoln Voinovich Domenici Therefore, Mr. President, I must urge Biden Durbin Lautenberg Lott Warner Bingaman Enzi Lincoln Durbin Lugar Wellstone my colleagues to vote against this pro- Bond Feinstein Lott Edwards Mack Wyden posal. Boxer Fitzgerald Lugar NOT VOTING—5 Mr. President, I suggest the absence Breaux Frist Mack of a quorum. Brownback Graham McConnell Akaka Jeffords McCain Bryan Gramm Miller Gorton Lieberman The PRESIDING OFFICER. The Burns Grams Moynihan clerk will call the roll. Chafee, L. Grassley Murkowski The amendment (No. 4129), division The assistant legislative clerk pro- Cleland Hagel Murray VI, was rejected. ceeded to call the roll. Cochran Harkin Nickles Mr. ROTH. I move to reconsider the Mr. ROTH. Mr. President, I ask unan- Conrad Hatch Reed vote. Craig Inouye Reid imous consent that the order for the Crapo Johnson Robb Mr. MOYNIHAN. I move to lay that quorum call be rescinded. Daschle Kerrey Roberts motion on the table.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8450 CONGRESSIONAL RECORD — SENATE September 13, 2000 The motion to lay on the table was leadership of the Chinese Government stan is increasing. Practically on the agreed to. give us basically the back of their eve of the vote for this new strategic The PRESIDING OFFICER. The Sen- hand. They make no pretense that they relationship, this new partnership that ator from Delaware, Mr. ROTH. are not going to act any differently in is going to enrich us, they are bla- Mr. ROTH. Mr. President, I ask unan- the future. tantly increasing their activity. This is imous consent that I be recognized at So the issue presented to us is: Are what we are facing. 1:45 p.m. today to call for the regular we, the United States of America, the It has been a good discussion. I dis- order with respect to the Thompson most powerful country in the world, agree with my friends who think even amendment No. 4132. going to do anything about it? That is though we have this facing us, we The PRESIDING OFFICER. Is there the issue before us today. should put it aside for another day. We objection? We have set forth an amendment don’t have a solution. We haven’t done Without objection, it is so ordered. which basically tracks a lot of legisla- anything in the past. There is no rea- Mr. ROTH. With this agreement in tion that is already on the books in son to think we are going to do any- place, all Senators should know that a terms of cutting off military-related thing about it in the future. There is motion to table the Thompson amend- items and dual-use items to these gov- certainly no reason for the Chinese ment will occur at approximately 1:45 ernments if they are caught in this ac- Government to think we are going to p.m. Therefore, the next vote will tivity. But what we add is a more ex- do anything about it in the future. occur at approximately 1:45 p.m. today. tensive reporting requirement so we Wait for our friends and our allies to I now ask unanimous consent that have a better understanding and a come together so we can have a multi- time prior to votes relative to these more detailed understanding than the lateral approach. That sounds pretty amendments be limited to 1 hour reports we receive now give us. good, but how long has it been since we equally divided per amendment, with Under our amendment, it makes it a have had a multilateral approach on no second-degree amendments in order little bit more difficult for a President anything? We don’t have the ability in prior to these votes. The amendments to game the system. The President, of this country anymore to rally our al- are as follows: Helms No. 4123, Helms course, has been quoted as saying that lies as we once did, much less do some- No. 4126, and Helms No. 4128. I further when the law requires him to impose thing that might cost them some trade ask consent that Senator HELMS be sanctions on a country that he does not dollars. recognized at 2:30 p.m. today to begin want to impose on them, sometimes he We have a threat to this country. debate on amendment No. 4128 regard- has to fudge the facts, and the law Clearly a multilateral approach would ing forced abortions. makes him do that. That kind of atti- be preferable, but if we can’t do that, The PRESIDING OFFICER. Is there tude, when they are caught sending M– as we obviously can’t because we objection? 11 missiles to Pakistan and they are haven’t, then we have to take action Without objection, it is so ordered. caught sending the ability to enrich on our own. Mr. ROTH. Mr. President, I yield the uranium to go into nuclear materials— So what do we do? Cut off agricul- floor. they are caught doing all that, with no tural products? Cut off trade across the Several Senators addressed the sanctions imposed—all of that has re- board? Cut off automobiles and all Chair. sulted in a more dangerous world, not that? No. If they are caught doing that, The PRESIDING OFFICER. The Sen- a new relationship built upon trust and we cut off military equipment. We cut ator from Tennessee. friendship and a strategic partner- off dual-use items and others of that AMENDMENT NO. 4132 ship—a more dangerous world. nature. We tell them their companies Mr. THOMPSON. Mr. President, we So this is a good debate. My friends can’t continue to use the New York have had a good debate over the last 2 who oppose this amendment say all Stock Exchange to raise billions of dol- or 3 days on the amendment Senator that may be true, we may be facing a lars when our Deutch Commission tells TORRICELLI and I have set forth. We situation where these nations, includ- us that some of the worst proliferators, have had a good discussion about the ing China, are conducting themselves these companies that are doing this ac- continued reports we have that the in a way that is detrimental to our in- tivity that are owned by the Chinese Chinese, Russians, and North Koreans terests; they may be making the world Government, are raising billions of dol- continue to litter this world with a more dangerous place, and especially lars in our stock market. Does that weapons of mass destruction. And it the United States. If these rogue na- make sense? Surely we have peace and endangers our country. tions have the ability to hit countries prosperity now, but how long are we Bipartisan groups all across the with their missiles, containing biologi- going to have it? How long can we be board, just over the last 2 years, con- cal weapons that are indescribable in oblivious to what is going on around tinue to remind us of this threat that their effect, I doubt if it is going to be us? is growing—it is not diminishing; it is Switzerland they choose to threaten We are having this debate. Reason- growing. These same people tell us that with this type weapon. We are on the able people can disagree. Some say we the key suppliers are these three coun- front line. We have a right to be con- should not get all this caught up in tries. cerned. trade policy; We should keep our focus As late as 1996, we were reminded, Apparently we are concerned, be- on trade; that trade is important; that once again, that the People’s Republic cause we are now in the midst of a de- we need to not complicate the trade of China was the worst proliferator of bate on a national missile defense sys- issue. No one here has had a more con- weapons of mass destruction in the en- tem because of this very threat. Yet as sistent record than I in terms of free tire world. We have had a good discus- we consider this new trading relation- trade. I believe in it; whether it is sion on that. We have had a discussion ship with China, some of us are refus- NAFTA or fast track for President about the fact that the leaders of the ing to consider the fact that China is Clinton, I believe in it. Free trade can PRC have told us they are going to one of the primary reasons we have lead to open markets. Open markets continue to do that, whether we like it this threat because they are supplying can lead to more open societies. Even- or not, as long as we talk about pro- these rogue nations with this weap- tually, in the long run, it can have a tecting ourselves with a missile de- onry. beneficial effect. I think it is going to fense system and as long as we con- There is no need to go through the be a much longer run in China than a tinue to befriend Taiwan. list again and again and again and lot of people think, but that is another We have sent three delegations of dis- again, the public list—not to mention story. I am for that. tinguished Americans and leaders, the the classified list that cannot be dis- This is different. This is not just a Secretary of Defense, the Secretary of closed—of proliferation activities and trade issue. In fact, it is not a trade State, high-level people, to try to get the charts we have shown about the issue at all. It should not be lumped in them to relent and stand down from ac- missile technology they are sending as a trade issue. I tried my best to get tivities that endanger us, our children, and the missile components they are a separate vote on our amendment for and our grandchildren and make this sending—our CIA reports indicate the 2 months. The supporters of PNTR ap- world a more dangerous place. The missile activity with regard to Paki- parently thought it would be easier to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8451 defeat me if they forced me on to this Corporate leaders and several of President if it goes back to the House, even PNTR bill. So that is where we are. So Clinton’s cabinet officers intensified pres- though they won by a 40-vote margin, be it. sure today on wavering Senators . . . at the last minute people going into an But this is a national security issue. All you wavering Senators out there, election will switch their votes. They Some would say this is one of those I extend my condolences because ap- will look at our bill and say: My good- rare circumstances that we see every parently corporate leaders and the ness, it has a proliferation aspect to it once in a while where we have legiti- White House have stepped up the pres- and we can’t vote for that. mate free trade interests we want to sure. I don’t know why. They have said Ridiculous. It would not be 24 hours promote and expand, even with those all along they have the votes to beat before the deed would be done. That who are guilty of human rights viola- Thompson-Torricelli. I don’t know why battle has been fought and won. We are tions, even with people with whom we all of the nervousness. I don’t know going to pass PNTR. The real question strongly disagree, even with people why all of the intensity. The President is, Are we going to relent to the pres- who proliferate. now has sent out a letter that says, sure being applied? I intend to support PNTR. But what among his complaints, that our amend- Exhibit B is the same New York Senator TORRICELLI and I are saying is ment is unfair. I assume unfair to the Times article: that along with that, not in opposition Chinese Government. That is such a re- Thomas J. Donohue, president of the to that, or not as substitute for that, markable statement, I don’t think I United States Chamber of Commerce, we must take into consideration the even need to reply to it. warned of retribution against senators who totality of our relationship with this He also has a problem because he support the Thompson-Torricelli measure. country because they are doing things says they have joined the nonprolifera- In case anybody thinks they that are dangerous to this Nation. That tion treaty. They have joined the misheard what I said, let me read that is the primary obligation of this Na- Chemical Weapons Convention. The again: tion. The preamble to our Constitution Chinese Government has joined the Bi- Thomas J. Donohue, president of the says the reason we even have a Govern- ological Weapons Convention and the United States Chamber of Commerce, ment is to look after matters such as Comprehensive Nuclear Test-Ban Trea- warned of retribution against senators who this. ty. The only problem with that is they support the Thompson-Torricelli measure. It is a good debate. We have had a have routinely violated every treaty You know, it would be comical if it good back and forth for the most part. they have ever joined. And they won’t were not so serious. One of my great We steer off course a little bit every join the ones that require safeguards so disappointments in this debate is that once in a while. Unfortunate state- people go in and inspect these facili- there have been some business leaders ments are made on all sides, but that ties. He complains that it applies a dif- who have been drawn into this who happens when issues are important. We ferent standard for some countries. really have no dogs in this fight be- spend enough time around here on Well, yes, it does. Why is that? Because cause their businesses are not even af- things that are not important. It is our intelligence agencies have identi- fected, but they have been told they kind of rejuvenating when we are actu- fied certain countries as being key sup- are affected. They put their blinders on ally talking about something that is. I pliers of weapons of mass destruction. and they justly argue the benefits of can’t think of anything more impor- Do we not have a right to identify trade. But they resent it, when we have tant than this. them and single them out? Have they been elected by the entire population— But it has taken on a new dimension. not earned that privilege? people who are not corporate leaders— This issue has taken on a new dimen- I think the integrity of the Senate is when we address in addition to that sion now because what we have seen is at stake with this kind of pressure matters of national security. unprecedented lobbying and pressure being brought to bear on a matter of That is very disappointing. It should efforts to defeat the Thompson- national security by those who do not not be that way. I don’t think some of Torricelli amendment. I hope we don’t know anything about issues of national these people really represent who they flatter ourselves with that assessment. security. pretend to represent. I don’t know of Lobbying and pressure are fairly com- Many of my colleagues here, of anybody who has a better record of mon around here. People have a right course, are experts in this area—some voting with the Chamber of Commerce to express their opinions. of them. But these folks who call them- position than myself, whether it be But on this issue—not on any of selves corporate leaders—and I don’t taxes or regulation or any of those these other issues, apparently, but on think there are many of them, but they matters. Some of my friends in the this issue—it has brought out those are very intense and are interested in Chamber of Commerce in Tennessee who fear that in some way some trade trade, so more power to them—appar- are here. I haven’t talked to them yet. might be affected. Never mind that we ently now they have taken on addi- But I will bet you that to a person they have taken agriculture and American tional portfolios. They have responded will say: Thompson, we elected you to businesses off the board; they are not to a higher calling involving issues of look out for these things. We are for involved in this at all. Never mind that war and peace. Now they advise us as trade and we want trade, but if you it is not a general goods sanction or to what we should or should not do think that in addition to that we need anything such as that that we are nar- with regard to these proliferation to send a signal about people who are rowly focused on here. They just be- issues. making this a more dangerous world lieve that in some way it might irri- Why do I say that the integrity of the for our kids, you send that signal; we tate the Chinese and they might retali- Senate is at stake, and that there are expect that of you. And if by some un- ate in some way. We can’t afford to ir- those out here who on this vote are foreseen circumstance we lose a dollar, ritate them. What we need to do is con- trying to emasculate the process with so be it. tinue down the road of giving them the proposition that the House can act, I think that is the way most people WTO, give them veto power on our na- and when they act and put in all of think. I think that is the way most tional defense system, turn a blind eye their favorite causes, justified as they businessmen and businesswomen think. to their theft of our nuclear weapons, are, including Radio Free Asia and I think that these little people who turn a blind eye to the proliferation ac- things such as that, which they try to strut around up here making implied tivities, go over to Taiwan, adopt the express a concern about and all that, threats on campaign contributions and three noes the Chinese want us to do and God bless them, that is fine; but it warning us of how we ought to vote for and put our allies in Taiwan in a nerv- comes over to the Senate and we are this, that, and the other, who don’t ous state. We need to continue down supposed to rubberstamp whatever it is know what they are talking about, that road because it has gotten us so that is in that House bill. need to be taken down a notch or two. far, it has done so much for us, that is Why is that? Even though this is I haven’t been around here very long, the way we need to continue. such an overwhelmingly obvious boon but I have never seen anything such as I picked up the New York Times this to the United States, they are fearful that. He is warning of those who allow morning and read in an article by Eric that if we add our concerns about nu- these folks to get tangled up in the pol- Schmitt the lead paragraph: clear proliferation to that list of items, itics of nuclear proliferation. That is

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8452 CONGRESSIONAL RECORD — SENATE September 13, 2000 the small-mindedness we deal with ing. Let me begin by saying this. If I would be placed on corporations of al- here regarding this statement. believed this amendment would keep lied countries that are not acting ille- I feel sorry for the men and women our country safe, I would vote for it. I gally. out there in all the Chambers of Com- do not believe that is the case. Rather, Fourth, especially chilling is the way merce around this country, to have I believe the amendment is deeply in which the amendment’s wording this kind of representation in the New flawed and it has major procedural and could, in effect, blacklist any company York Times and how people think that review problems. I want to point those tagged as a proliferating agent under that represents their idea of the prior- out. this amendment’s low standard of ities that we have in this country. The Let me say, first of all, to most of us, proof. lobby is intense. I assure you it is on the draft of this amendment was avail- These are just a few of the examples one side. able Monday night, a little more than of some of the problems with this You will not see the Halls littered a day ago. Yet it is a major, long-range amendment. Several of my colleagues with people out here saying ‘‘keep our piece of legislation that has major im- have discussed other shortcomings at country safe.’’ There are no lobbyists plications for national security, for greater length. being paid to do that. No one makes peace, and stability in the Asia Pacific Automatic sanctions set off by low any money off of our amendment. region. To pass it without careful anal- thresholds of evidence offer little to There are no tanks bought; there is ysis, without full hearings, and with- entice allies to join us in implementing nothing sold. All of the lobby, all of the out careful judgment is something to an effective sanctions regime, but they pressure, all of the threats are on one which I am not willing to be a party. most certainly will damage U.S.-China side. So why it would be that the oppo- There have been no hearings on this or relations. They most certainly will nents of our amendment who claim any draft of this legislation. The Na- weaken our ability to engage the Chi- they have the votes don’t want to even tional Security Council and the State nese in any kind of worthwhile dialog give us a vote is something that per- Department have not had the oppor- or influence them to change their be- haps ought to be contemplated. tunity to provide a full analysis of this havior. I urge my colleagues to join me in Could it be that people really don’t latest version of the amendment or as- opposition to this amendment. want to go on record because they real- sess its likely short- and long-term im- Let me, if I might, say a few things ize they are casting their fate to the pact. about the bilateral agreement that good graces of the leadership of the I am one of those who believes it really is the issue before us today. I re- Chinese Government—and they have a would, in fact, doom giving China per- viewed it carefully, and I believe that consistent pattern of this activity and manent normal trading status. I am in this agreement China has made sig- we catch them from time to time? It is simply not willing to do that. Most im- nificant market-opening concessions to going to continue and we are going to portantly, from what I have been able the United States across virtually continue to catch them. Could it be to perceive, I believe the legislation every economic sector. that some people don’t want to have has serious flaws. For example, on agricultural prod- cast a vote against a modest attempt First, it focuses on three countries. ucts, tariffs will drop from an average for a better reporting requirement, a It separates them from all the other of 31 percent to 14 percent by January more transparent process, giving Con- countries. It applies a standard to of 2004. Industrial tariffs will fall from gress an opportunity, in unusual cir- them that exists for no one else. And I an average of 24.6 percent in 1997 to 9.4 cumstances, to have their say? do not believe that is in the best inter- percent by 2005. Again, there are two issues here now, ests of sound decisionmaking. China agrees to open up distribution it seems to me. One is on the merits Second, the mandatory sanctions put services, such as repair and mainte- and another is the integrity of the Sen- in place by this amendment have hair nance, warehousing, trucking, and air ate and how we are going to handle triggers which are tripped by minimal courier services. this issue. evidence—indeed not necessarily even Import tariffs on autos, now ranging I yield the floor. evidence. The raw intelligence data between 80 percent and 100 percent, are The PRESIDING OFFICER. The Sen- that provides the ‘‘credible informa- broken down to 25 percent by 2006 with ator from California is recognized. tion’’ trigger of this amendment re- tariff reductions accelerated. Mr. GRAMM. Will the Senator yield quires followup, substantiation, and China will participate in the Infor- for a unanimous consent request? analysis before it is used to initiate ac- mation Technology Agreement and will Mrs. FEINSTEIN. Yes. tion. It should be the starting point for eliminate tariffs on products such as Mr. GRAMM. Mr. President, I ask processes that weigh options and con- computers, semiconductors, and re- unanimous consent that when the Sen- sider appropriate action, not an end lated products by 2005. ator from California finishes, I be rec- point that instantly triggers strong re- It will open its telecommunications ognized for 10 minutes. sponses. sector, including access to China’s The PRESIDING OFFICER. Is there Let me give you one example: In 1993, growing Internet services, and expand objection? the Yin He incident, where based on investment and other activities for fi- Mr. TORRICELLI. Reserving the ‘‘credible information’’ the United nancial services firms. right to object, if the Senator will States publicly accused China of ship- The agreement also preserves safe- amend the request that I be recognized ping proscribed chemical precursors to guards against dumping and other un- following him, I will not object. Iran. The Chinese freighter in question fair trade practices. Specifically, the Mr. BIDEN. Reserving the right to was diverted and every single container ‘‘special safeguard rule’’—to prevent object, I would like to follow the Sen- searched, at great cost and inconven- import surges into the United States— ator from New Jersey, as well. I have ience to all involved. There were no will remain in force for 12 years, and been waiting. banned chemicals aboard. The Thomp- the ‘‘special anti-dumping method- Mr. MOYNIHAN. Mr. President, son amendment would have mandated ology’’ will remain in effect for 15 might the chairman present a request sanctions. years. in writing as to the timing? I think we Second, there is no way to target the No matter how you look at it, this can get that up right quick. sanctions which would be triggered by benefits the United States. Mr. ROTH. In the meantime, let the this amendment, and no effective Pres- I think many people have confused Senator from California proceed. idential waiver for national security this PNTR vote with a vote to approve The PRESIDING OFFICER. The Sen- interests. It is a blunt instrument more China joining the World Trade Organi- ator from California is recognized. likely to hurt American interests than zation. It needs to be understood that Mrs. FEINSTEIN. Mr. President, I to change China’s behavior. China will likely join the WTO within rise to oppose the Thompson amend- Third, the amendment invites diplo- the next year regardless of our action. ment, and then I hope I can make a few matic and, yes, maybe even legal prob- The issue will, in fact, be decided by comments on what I believe to be one lems with other countries, including the WTO’s working group and a two- of the most important pieces of legisla- allies. The amendment as drafted could thirds vote of the WTO membership as tion on which this Congress will be vot- create a situation whereby sanctions a whole.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8453 Under WTO rules, only the countries than the question of how to persuade mitment to free flows of information, that have ‘‘nondiscriminatory’’ trade China that it is in China’s own na- the rule of law—the most important practices—that is PNTR—are entitled tional interests to move away from au- thing—dedication to environmental re- to receive the benefit of WTO agree- thoritarian government and toward a sponsibility, and worker rights and ments. Without granting China perma- more open, a more pluralistic and freer safety. nent normal trading status, the United society. How do we convince China to Yes, it is far from perfect. But are States effectively cuts itself out of Chi- make the political, economic and so- things changing? The answer by any na’s vast markets, while Britain, cial changes that will help China objective criteria has to be yes. Are Japan, France, and all other WTO na- evolve the leadership that will make it there flaws? Are there problems? Does tions are allowed to trade with few bar- guarantor of peace and stability in the China very often do stupid things? Yes: riers. Pacific rim, throughout Asia and the The crackdown on Falun Gong, in my In my view, this has been an inter- world? view a stupid thing, an unnecessary esting exercise because it has been I am convinced that Congress will de- thing, something that, once again, highly politicized. The bottom line is if bate few issues more important this pushes it backwards rather than for- we don’t grant China PNTR based on year than the question of China’s entry wards. Its treatment of Tibet—has the November bilateral agreement, an into the World Trade Organization and China done the wrong thing? Abso- agreement in which the United States whether or not we will deal with the lutely. For 10 years I have been saying received many important trade conces- Chinese on the basis of a permanent that and will continue to say it. It sions and gave up nothing, we effec- normal trade relationship. makes no sense for a great nation to tively shoot ourselves in the foot. We Trade means change in China. Eco- treat a major minority the way in take ourselves out of the agreement, nomic engagement with the United which the Tibetan people are treated. I China still goes into the WTO, and States has been one of the prime moti- will say that over and over again. I will those other strategic trading blocks vating factors in China’s decision to work to change it. And one day we will such as the European Union receive the move toward a market economy and succeed and do that, too. But we can- benefits of the bilateral agreement. We away from its self-isolation of decades. not do it if we isolate China. We cannot do not. The past 20 years have brought massive do it if we play into the hands of the I think it is much broader than this. social reform and economic advance- hardliners. We cannot do it if we create But I think there is an ultimate issue ment for China’s people. I remember the kind of adversarial relationship at stake. That is this: The People’s Re- the first time I traveled to China in that is determined to make China into public of China is today undergoing its 1979. I saw a land of subdued people, the next Soviet Union. I believe that most significant period of economic grey Mao suits, few consumer goods, no firmly, and 30 years of watching has and social activity since its founding 50 conveniences, poor living conditions confirmed it. years ago. The pace is fast and the and little personal, economic or polit- American firms exercise a very real changes are large. ical freedom. The economy was all cen- influence over the changes occurring in I am one who studies Chinese his- trally controlled; little private prop- Chinese society. That influence will tory. I have been watching China for erty and private business existed. not survive the elimination of PNTR. over 30 years. I made my first trip in Today, the goods, services, housing, American businesses in China bring 1979. I try to visit China every year, if and freedoms available to residents of American values to China. But, they I can, and I have watched and I have Chinese cities like Beijing, Shanghai, cannot bring them if their ability to seen. and Guangzhou are greatly improved. operate is undercut. History clearly In a relatively short time, China has People have become interested in what shows us a nation’s respect for political become a key Pacific rim player, and a happens outside of China. People will pluralism, human rights, labor rights, major world trader. It is a huge pro- speak more freely. Living standards and environmental protection grows ducer and consumer of goods and serv- are higher. China is increasing turning alongside that nation’s positive inter- ices—a magnet for investment and to private ownership—as much as 50 action with others and achieving a commerce. Because of its size and po- percent of the economy is in private level of sustainable economic develop- tential, the choices China makes over hands in boom areas like the Pearl ment and social well-being. the next few years will greatly influ- River Delta in Southern China. People who have a full stomach then ence the future of peace and prosperity Large, inefficient state enterprises begin to say: What is next? People who in Asia. are closing or being converted to pri- have an education then begin to ques- In a very real sense, the shaping of vate ownership. Entrepreneurship is on tion the leadership. That will happen Asia’s future begins with choices the rise in the cities in much of the in China just as it did in Taiwan, just America will make in how to deal with countryside. Cutting our bilateral eco- as it did in South Korea. Not too long China. nomic ties will accomplish nothing ex- ago, both were governed by dictator- I come from a Pacific rim State; 60 cept to turn back the clock in China to ships. Given a chance, China can percent of the people of the world live favor more government controls, seek change as well. on both sides of the Pacific Ocean. The to isolate this growing economy, and If we are serious about building a trade on that ocean long ago over took very likely strengthen repressive polit- peaceful, prosperous and stable Asia, if the trade on the Atlantic Ocean. It is, ical interests linked to protectionism we are serious about being a force for in fact, the ocean of the future. and economic nationalism within the good in the Pacific rim in the 21st cen- We can try to engage China and inte- PRC. tury, if we are serious about working grate it into the global community. We It is evident to me that flourishing to bring about democratic reforms, can be a catalyst for positive change. business relationships have developed human rights reforms, and labor re- Few objective observers would argue increased contacts, improved mutual forms in China, we also must establish that despite the problems that still re- understandings, and personal relation- permanent normal trade relations with main, there have not been significant ships between Americans and Chinese. China. This is part of the equation for benefits and advances in China that This, in turn, has fostered many posi- making China into a member of the have come from two decades of inter- tive changes, as different ways of WTO and the world community as a action with the United States and the thinking percolate through Chinese so- whole, and saying that China must, in West. Or, we can deal antagonistically ciety at many levels. It is there; I have return, play by the same rules all other with China. We can lose our leverage in seen it. American firms have brought members follow. It also exposes China guiding China along positive paths of new management styles, innovative to sanctions in the WTO should they economic, political, and social develop- ideas, and new work styles to China. not. As a WTO member, China commits ment, and sacrifice business advantage Through their presence in China’s to eliminate barriers to its markets; to to competitor nations while gaining economy, Americans have spread their accept WTO rulings concerning trade nothing in return. corporate philosophies, teaching Chi- practices and procedures; and to abide As I see it, for the foreseeable future nese entrepreneurs, managers, and by WTO decisions concerning trade dis- America faces no greater challenge workers about market economics, com- putes.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8454 CONGRESSIONAL RECORD — SENATE September 13, 2000 The November 15, 1999 U.S.-China necessary changes, to understand that The Clinton administration says it, WTO Agreement marked successful it, too, by open doors, more ties across too, is concerned about this behavior. completion of 13 years of difficult U.S.- the Pacific, more pluralistic govern- But it has failed—resoundingly failed— China negotiations. ment, more freedoms for its people to stop it. Our CIA tells us that these I, for one, am convinced that normal- evolves as a stronger nation, not a activities are on-going today. izing our trade relationship with China weaker nation. That was the case with So we need to do more, and this bi- is absolutely in our own best interest. Taiwan. That has been the case with partisan amendment makes a strong But it is absolutely in the best inter- South Korea. I submit to you, Mr. statement that either this prolifera- ests of seeing China becoming a plural- President, it is the case of virtually tion behavior stops or real and credible istic society, of developing the concern every country that lives under dicta- penalties will be imposed. for human rights that we in the West- torship or absolute rule. I say to my colleagues who, like me, ern World hold so dear, of under- Pluralism results from an evolution support granting PNTR for China: standing the freedoms provided to us and a growth in human standards, in Let’s not lose sight of the national se- because of our due process of law, of economic standards, in interaction curity issues at stake here. understanding how important it is that with the rest of the world. China will I, like Senator THOMPSON, would have a judiciary be independent from the be no different if we enable it to open preferred to consider this important politics of government, having a mod- itself to the world. We should be pru- legislation on another bill and not on ern commercial code and a modern dent, we should be watchful, we should H.R. 4444. In fact, I made every effort criminal code. None of these things be strong, we should confront them to see to it that the Thompson- China has today. where wrong—no question about that. I Torricelli legislation could be consid- As has often been said, it has to be believe we have the adequate tools to ered either as a free-standing measure remembered that China, for 5,000 years, do it. or as an amendment to some other has been ruled by despotic emperors I have seen sanctions placed since I piece of legislation. and for 50 years by revolutionary lead- have been in this body, and I do not be- However, my efforts to have the ers who had no education. This is real- lieve the amendment before this body Thompson-Torricelli amendment con- ly, in over 5,000 years, the first time will encourage the kind of behavior sidered separate from the China PNTR this largest nation on Earth has had an that can enable China to eventually be legislation was blocked. educated leadership who is now, today, a stable, sound partner anywhere in Therefore, we now are faced with a striving to open the door to the West- the Pacific or elsewhere. I feel very vote on the Thompson-Torricelli ern World. strongly about this. I thank the Chair amendment on H.R. 4444. Given this Remember the Boxer Rebellion? Re- for his forbearance. I yield the floor. situation, I will support the amend- member what happened? Remember the Mr. LOTT. Mr. President, I support ment and oppose the motion to table. humiliation, the isolation of China, and will vote for granting permanent Mrs. BOXER. Mr. President, I share and look what happened. We now have normal trade relations status to the Senator THOMPSON’s and Senator a chance in this legislation to take a People’s Republic of China . TORRICELLI’s concerns about weapons different course. Most importantly— I will do so because the agreement proliferation, and I appreciate their and this is what has amazed me so negotiated between the United States bringing this important matter up for much about this debate—PNTR is and China will help level the playing debate in a non-partisan fashion. How- nothing special. It simply means we field for a wide range of American com- ever, I believe that the amendment will conduct our trade with China in panies who seek to do business in they have offered to H.R. 4444, legisla- the same manner and under the same China. tion that will grant permanent normal rules that we conduct trade with al- I also support the bipartisan amend- trade relations to the People’s Repub- most every other nation in the world. ment offered by Senators FRED THOMP- lic of China, does not address the issue In fact, there are only six countries SON and ROBERT TORRICELLI to require in the most positive way. with which we do not have normal certain reports and to impose sanctions My first concern with the China Non- trade relations—Afghanistan, Cuba, on entities identified by the President proliferation Act is with the name Laos, North Korea, Serbia-Montenegro, for their sale or transfer of dangerous itself. The original legislation proposed and Vietnam. All of them are small na- technology to rogue regimes. by the sponsors of this amendment spe- tions. We cannot stand idly by while China cifically singled out China. But, the In my view, the damage of denying continues to proliferate nuclear weap- current amendment adds North Korea China permanent normal trade rela- on and missile technology to unstable and Russia as nations that are named tions would strike even deeper. Puni- regions. as covered countries under this pro- tive U.S. economic policies aimed at There are numerous reports that this posal. I believe it is correct to expand unpalatable Chinese domestic practices pattern of dangerous behavior by Bei- the list of initial countries beyond will not only cut into American jobs, it jing is continuing. For example, the China, but I still feel that on the issue will slice at China’s newly emerging CIA Director George Tenet recently of proliferation, every country should market-oriented entrepreneurial class, issued a report to Congress on recent be treated with a uniform standard. the driving force behind the very developments in proliferation. The second concern is that this changes we seek to cultivate without That report asserts that China has amendment attempts to curtail the eliminating the targeted abuses in Chi- increased its missile-related assistance spread of weapons with a unilateral nese society. What kind of sense does to Pakistan and continues to provide rather than a multilateral solution. It that make? missile-related assistance to Iran, is clear to me that this issue is suffi- Responsible American voices in busi- North Korea, and Libya. ciently complex to demand the co- ness, in education, in law, and in reli- These are governments which our operation of the international commu- gion understand that attacking China own State Department has labeled as nity in stopping the proliferation of through economic ties is counter- state sponsors of terrorism. weapons. While this amendment singles productive. It endangers the very so- Who are the ultimate targets for out North Korea, Russia, and China as cial elements within China that are these missiles and nuclear and chem- covered countries, it also opens the most compatible with ethical Amer- ical weapons in the hands of terrorist door to possible sanctions on our clos- ican norms. states? It is the American people, our est allies. This is because of the re- Trade relations do not only benefit friends and allies, and our military quirement that countries listed in the business. They are a key part of the forces deployed in hot-spots such as the annual section 721 report that is man- foundation that supports the entire Persian Gulf. dated under the fiscal year 1997 Intel- U.S.-China relationship. I believe that Let me state it differently: When ligence Authorization Act be covered not only do we shoot ourselves in the China proliferates dangerous tech- by this amendment. This report singles foot by denying PNTR, we strike a nology to dangerous states, it directly out those nations that are a source of blow against encouraging China to see and very negatively affects our na- dual-use technology which, in recent that it is to its interest to make the tional security. years, has included such countries as

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8455 Germany, Italy, and the United King- I should say at the outset that I in- When deterrence and dissuasion fail, dom. I do not believe that sanctioning tend to support PNTR because I believe timely intelligence also will support ef- our closest allies—those that tradition- that, on balance, taking this step will forts to counter the proliferation and ally support our interests—will further further U.S. national interests. use of missiles and weapons of mass de- our non-proliferation goals. Further- But China remains, in the words of struction. more, using unilateral sanctions rather the Director of Central Intelligence, a What is especially frustrating for me, than working with our allies to develop ‘‘key supplier’’ of sensitive tech- as chairman of the Intelligence Com- multilateral strategies is not the most nologies to Iran, Pakistan and other mittee, is that while the Intelligence effective means of curtailing prolifera- countries. Community is doing its job, gathering tion. I remind my colleagues that the In- intelligence at great expense and risk Another concern with the amend- telligence Committee has prepared and about who is selling and who is buying ment is that the sanctions would deny made available to Members a summary technologies of mass destruction, this all state-owned enterprises of a covered and compendium of recent intelligence intelligence is ignored by policy- country access to U.S. capital markets. reporting on PRC proliferation. It re- makers. This was one reason why Alan Green- mains available for your review. Policy makers have frequently cir- span publicly spoke out against this I understand that only a handful of cumvented our sanctions laws by amendment at a hearing of the Senate Senators have availed themselves of avoiding reaching a determination that Banking Committee. He stated that this opportunity. I urge each of you to could trigger sanctions. They have en- ‘‘. . . to the extent that we block for- review this very disturbing and reveal- sured that the bureaucratic process for eigners from investing or raising funds ing material. Without having done so, reaching a determination that would lead to sanctions is never started, or in the United States, we probably un- you will be voting on this amendment completed, or impossible standards of dercut the viability of our own sys- ignorant of the facts as we know them. evidence are set, so that a judgment tem.’’ Whether you choose to vote for or never has to be reached. Finally, I am concerned that this against this amendment, you must not amendment will not provide the nec- A case in point is the notorious M–11 do so without a full appreciation of the missile. After years of closed door de- essary flexibility for the executive and facts. legislative branch to conduct policy on liberations on this issue, in September Suffice it to say that China has not of last year, for the first time, the In- proliferation issues. The amendment improved its poor proliferation record. gives the President only 30 days from telligence Community stated publicly In light of the poor Chinese prolifera- its longstanding conclusion that the time he issues a report to Congress tion record, I believe that risks associ- on proliferation to impose five unilat- ‘‘Pakistan has M–11 SRBMs [Short ated with approving PNTR are man- Range Ballistic Missiles] from China. eral mandatory sanctions. After the aged better if the Thompson-Torricelli President makes this determination, . . .’’ amendment is enacted with our new Lest anyone miss the significance of the amendment allows for as few as 20 trade relationship with China. Senators to initiate a reversal of the these Chinese missiles now in the Since the sponsors and other Sen- hands of Pakistan, or their contribu- President’s decision. It would take ators are addressing the threat to our only 20 Senators to ensure that a reso- tion to instability in South Asia, the national security posed by Chinese pro- community assessed further that these lution of disapproval be referred to the liferation, I will focus primarily on Committee on Foreign Relations. The missiles may have a nuclear role. some of those aspects of the problem of Sales of M–11 technology have twice committee would then only have 15 cal- greatest concern to the Intelligence triggered sanctions against the PRC endar days to consider such a resolu- Committee. under the Arms Export Control Act and tion. If the resolution is not reported Tracking the proliferation of weap- Export Administration Act. The sale of in that timeframe, it would be sent to ons of mass destruction has been M–11 missiles should, under current the floor with debate limited to 10 among the Intelligence Committee’s law, have triggered additional, even hours and a vote required within 15 very highest budgetary priorities. stricter, sanctions. days. Given the inadequate evidentiary This is because proliferation is one of But despite the clear, and public, standard of ‘‘credible information’’ our most daunting and resource-inten- conclusion of the Intelligence Commu- that is provided for in this amendment, sive intelligence challenges. The mate- nity, the State Department has sug- this expedited procedure is a recipe for rials and technology to build nuclear, gested that the Intelligence Commu- bad policy. nity’s finding that the M–11 missiles I do look forward to discussing this biological, and chemical weapons and the missiles to deliver them are not were sold by the PRC to Pakistan did matter further both here on the Senate not meet its ‘‘high standard of evi- floor and within the Senate Foreign shipped in the open. They are smuggled across borders and shipped under false dence.’’ Relations Committee. This complex Failure to follow through on the issue requires further review and de- documents. Vital technical support to a coun- facts, however unpleasant the facts bate separate from the current busi- may be, undercuts the credibility of ness of granting permanent normal try’s missile or nuclear program may fit on a single computer disk or take our entire nonproliferation policy. trade relations to the People’s Repub- I am hopeful that the Thompson- the form of clandestine visits by tech- lic of China. Torricelli amendment will force a more nical experts. Mr. SHELBY. Mr. President, I rise to robust response to the intelligence col- The materials used in making weap- express my support for the Thompson- lected on proliferation. Under this ons of mass destruction and their Torricelli amendment, or the ‘‘China amendment, policy makers will be means of delivery are often dual use, Nonproliferation Act.’’ forced—on an annual basis—to collect I do so as a Senator who has long meaning that they may also be used for the evidence of proliferation and pro- been concerned about the threat posed peaceful purposes. vide a report to Congress. by China’s reckless proliferation of nu- Our intelligence analysts must com- This report will be more comprehen- clear, missile and other technologies, pile all the facts to determine the like- sive and focused than those we have re- and as chairman of the Intelligence ly use of these materials. This really is ceived to date. Committee, with responsibility for our rocket science, and nuclear science, The report must identify persons intelligence efforts against this critical and biological and chemical science. from China, Russia, North Korea and national security threat. Tracking proliferation is not only other states when there is credible evi- While this amendment applies to difficult, it is a critical mission. Time- dence that this person has contributed other countries, including Russia and ly intelligence provides us with the in- to the design, development, production, North Korea, we are considering it in formation we need to support our ef- or acquisition of nuclear, chemical, or the context of Permanent Normal forts to deter or dissuade countries, biological weapons or ballistic mis- Trade Relations for the People’s Re- like the People’s Republic of China and siles. public of China, or PNTR. Therefore, Russia, from selling nuclear, chemical, The report also will identify any per- my remarks will, for the most part, biological or missile technologies to son of a covered country that is en- focus on that country. rogue states or regions of instability. gaged in activities prohibited under the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8456 CONGRESSIONAL RECORD — SENATE September 13, 2000 relevant treaties and agreements re- assistance in the form of grants, loans, The facts are that China has provided garding the possession and transfer of or credits? nuclear, biological, and chemical weap- chemical, biological, and nuclear weap- Would our citizens want to continue ons technology, along with ballistic ons. co-development or co-production of and cruise missiles to ‘‘States of Con- The President is directed in the items on our munitions list with that cern’’—previously referred to as China Nonproliferation Act to report individual? ‘‘Rogue Nations’’—including Iran, information on noncompliance with Of course not. Of course not. Pakistan, Iraq, Libya, Syria, North international arms control and pro- I hope we can agree that the United Korea, and Algeria. Congress should liferation agreements by the covered States should neither reward nor con- not stand idly by as China continues countries. tribute to proliferation of the weapons these practices. Passage of the China Finally, the report must include an that threaten our own Nation. Non-Proliferation amendment is a pru- assessment of the threats to our na- Without question, the imposition of dent step in the right direction to ad- tional security, and that of our allies, sanctions against another nation or dress this problem. The amendment is resulting from proliferation—whether foreign companies is always a serious both a reasonable and measured re- or not this proliferation can be deter- matter. sponse to the serious situation that The imposition of sanctions has sig- mined to meet the legal or evidentiary this Administration has allowed to nificant foreign and economic policy standards the State Department as- continue. consequences for the United States and serts to avoid reaching sanctions While I prefer to see this bill, the should not be undertaken lightly. China Non-proliferation Act, passed as judgements. Because sanctions can be costly for This will go a long way towards com- a separate measure and not as an our own American industries, we must amendment to the China-Permanent pelling the State Department to ac- be sure there is a clear national secu- knowledge serious instances of nuclear Normal Trade Relations, PNTR, bill, it rity interest that will be advanced by is now clear that the critical and time- and other proliferation. the sanctions. Furthermore, the Director of Central ly nature of this issue, combined with Curbing proliferation meets this test. the counterproductive actions of those Intelligence is required to reach a de- The President has declared the pro- trying to prevent its consideration, termination regarding what transfer or liferation of weapons of mass destruc- have left us in the position of having to sale of goods, services, or technology tion to be a ‘‘national emergency,’’ and vote on this today. I reject the notion have a ‘‘significant potential to make a I think most of us agree with that dec- that a vote on this amendment is a contribution to the development, im- laration. vote against granting PNTR to China. provement, or production of nuclear, I support the Thompson-Torricelli This is simply not the case. The biological, or chemical weapons or of amendment because it takes a bal- Thompson amendment will not kill ballistic or cruise missile systems.’’ anced, measured approach to the prob- PNTR or even place conditions on Again, mandating this report will lem of sanctioning Chinese prolifera- granting PNTR for China. This amend- allow us to avoid the unpleasant situa- tion activities, and similar activities of ment will simply stem the flow of un- tion we have been in for years in which other countries. authorized information on nuclear, bio- the President has been able to avoid In particular, it creates a process to logical, and chemical weapons tech- reaching necessary judgements about ensure that the U.S. response to future nology by creating real consequences proliferation activities and their con- activities of proliferation is never for proliferating countries. I believe sequences. again the inaction, indifference, and that these consequences, coupled with This report will contribute signifi- self-deception that characterizes the strong leadership by the Executive cantly to the ability of the U.S. Con- current process. Branch, can dramatically slow pro- gress to conduct oversight and to make I believe this bill will bring us closer liferation. informed judgements on matters of na- to a situation in which the PRC and Senator THOMPSON’s amendment ad- tional security. other supplier nations clearly under- dresses proliferation concerns by re- The information detailed in the re- stand—for the first time—that there quiring the President to submit a re- port should better enable us to judge will be serious consequences when they port to Congress identifying every per- the appropriateness and, over time, the engage in proliferation of weapons of son, company, or governmental entity effectiveness of the sanctions provided mass destruction that threaten the of the major proliferating nations— for in this amendment. United States, its allies, and friends. China, Russia, and North Korea are Some have complained that this bill Mr. President, I again urge my col- currently on this list—against which forces the President to impose sanc- leagues to review the available intel- credible evidence exists that the entity tions. This is not the case. ligence. The facts speak for them- contributed to the design, develop- The amendment provides adequate selves, and they speak very loudly in- ment, production, or acquisition of nu- flexibility to the President since he deed. clear, chemical, or biological weapons can waive the sanctions. I urge adoption of the Thompson- or ballistic or cruise missiles by a for- However, he must specify his reasons Torricelli amendment and yield the eign person. Based on this report, the for doing so, and Congress may dis- floor. President would then be required to agree through procedures set out in the Mr. ASHCROFT. Mr. President, as impose specific measures against for- bill. This legislation will make Presi- this body discusses the China Non-pro- eign companies in these countries who dential decision-making more trans- liferation amendment, I would like to have been identified as proliferators. parent and will ensure that the Presi- comment briefly on Chinese actions For example, under this amendment if dent’s decisions are based on the best that have not only damaged the na- a Chinese company provided nuclear intelligence available. tional security of the United States, technology to Iran, the United States Mr. President, would our citizens but are antithetical to the peace and would deny all pending licenses and want to continue to sell items on the stability of the entire world—weapons suspend all existing licenses for the United States Munitions List to an in- of mass destruction and missile pro- sale of military items and military-ci- dividual that has ‘‘contributed to the liferation. I am dismayed that the gov- vilian dual-use items and technology as design, development, production, or ac- ernment of the People’s Republic of controlled under the Commerce Con- quisition of nuclear, chemical, or bio- China has consistently brutalized its trol List to that company. Addition- logical weapons or ballistic or cruise own population, intimidated its neigh- ally, the President would be required missiles’’ for a third party or state. bors, and provided the world’s most to impose an across-the-board prohibi- Would our citizens want to continue dangerous technology to ‘‘States of tion on any U.S. government purchases to license dual-use items that could Concern’’—in direct violation of inter- of goods or services from, and U.S. gov- contribute to this individual’s pro- national agreements, domestic law, ernment assistance, including grants, liferation of weapons of mass destruc- and fundamental international stand- loans, credits, or guarantees, to this tion? ards of behavior. It is time for the Sen- company. Would our citizens want to continue ate to speak in a clear, definitive voice In addition to the mandatory sanc- to provide that individual Government against China’s actions. tions imposed on proliferating foreign

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8457 companies, the amendment would also lead the charge to stop such prolifera- the International Atomic Energy Agen- authorize the President to impose dis- tion. Passage of the Thompson amend- cy, IAEA. The IAEA ensures that nu- cretionary measures against the key ment will accomplish that goal. clear facilities are not producing nu- supplier countries. Foreign companies A firm stand against proliferation is clear weapons grade material. do not act alone in the proliferation of desperately needed. Chinese prolifera- China has also provided Pakistan weapons; it is quite clear that China, tion, along with that of Russia and with complete nuclear-capable missile Russia, and North Korea all actively North Korea, is continuing unabated to and missile components. The most support proliferation activities, and the detriment of America’s national se- widely reported missile transfers are therefore must be held accountable for curity. It is well documented that the M–11 missile, also called the CSS–7 their actions. This amendment recog- China has provided sensitive tech- or Ababeel. This nuclear capable mis- nizes this truth and would empower the nology to at least seven States of Con- sile, designed and produced in China, President to apply discretionary meas- cern, including Pakistan, Iran, Iraq, has a 300-kilometer range—placing ures against them as well, such as: Syria, North Korea, and Algeria. Most many highly populated Indian cities at Suspension of all military-to-mili- of these states have explicitly threat- risk. Although it is unclear how many tary contacts and exchanges between ened the security of the United States M–11s Pakistan currently possesses, it the covered country and the United and actively sponsored terrorism. The appears that China has been providing States; remaining countries are in regions these missiles for almost a decade. Suspension of all United States as- where war is commonplace and the Pakistan’s nuclear-capable Medium sistance to the covered country by the consequences for the use of WMD would Range Ballistic Missiles, (MRBM), United States Government; be especially devastating. Of these pro- named Ghauri and Shaheen, were de- Prohibition on the transfer or sale or liferation cases, the two most horren- veloped as a result of extensive Chinese after-sale servicing, including the pro- dous cases are Pakistan and Iran. technology and assistance. The Ghauri vision of replacement parts, to the cov- Pakistan is a nation of tremendous has a quoted range of 1500 km, but dur- ered country or any national of the unrest and instability, and China has ing the actual flight test, the Ghauri covered country of any item on the provided it with extensive nuclear and flew only 600 km. Even at this shorted United States Munitions List, which missile technology. Born in conflict, range, some of India’s largest cities, in- includes all military items, and sus- Pakistan was created with India out of cluding New Delhi and Bombay, would pension of any agreement with the cov- one people and one territory, and con- be at risk. The Shaheen, although not ered country or any national of the flict has defined this nation through- flight tested, is reported to have a covered country for the co-develop- out its history. Pakistan fought three range of 700 km, making its strike dis- ment or co-production of any item on wars and numerous border skirmishes tance comparable to the Ghauri. the United States Munitions List. against India, its principal adversary. What is especially disturbing is that Suspension of all scientific, aca- These battles have been mostly fought this is just the beginning of the Chi- demic, and technical exchanges be- over the hotly contested Kashmir re- nese proliferation record regarding tween the covered country and the gion bordering northeast Pakistan. The Pakistan. These transfers have allowed United States; Kashmir conflict is widely accepted by Pakistan to amass an incredibly capa- Prohibition on the transfer or sale to International Affairs and Defense ex- ble and frightening nuclear and missile the covered country or any national of perts as one of the most likely con- force. These transfers are in direct vio- the covered country of any item on the flicts to erupt into a nuclear war. lation of international and domestic Commerce Control List, which includes China, to a great extent, has not only law. It is apparent that China and Chi- military-civilian dual-use items, that fostered the conflict through political nese businesses have violated the Mis- is controlled for national security pur- posturing and land-grabbing, but it has sile Technology Control Regime, the poses and prohibition of after-sale serv- also provided the nuclear weapons that Arms Export Control Act, the Export icing, including the provision of re- would be used in such a war. China con- Administration Act, the Non-Prolifera- placement parts for such items; tinues to provide critical nuclear and tion Treaty, the Export-Import Bank Denial of access to capital markets missile related technology to Pakistan, Act, and the Nuclear Proliferation Pre- of the United States by any company thereby further escalating the arms vention Act. owned or controlled by nationals of the race and underlying conflict. With all these violations of inter- covered country; In May 1998, India and Pakistan test- national and domestic law, one must Prohibition on the transfer or sale to ed a total of eleven nuclear devices. ask the question, ‘‘What has the Clin- the covered country or any national of This ushered Pakistan into—and rees- ton Administration done to stem the the covered country of any item on the tablished India as part of—the world’s flow of nuclear and missile tech- Commerce Control List and prohibition most exclusive club of nuclear weapon nology?’’ The answer is sadly, ‘‘very of after-sale servicing, including the states. Although India’s nuclear pro- little.’’ The Clinton Administration provision of replacement parts for such gram was created from mostly indige- imposed only mild sanctions on China items. nous sources, Pakistan’s nuclear pro- for providing the M–11 technology. Due to the highly sensitive national gram was purchased from the People’s However, these sanctions were quickly security issues involved in cases of pro- Republic of China. A recently declas- lifted when China ‘‘agreed’’ not to con- liferation, any of the sanctions can be sified Central Intelligence Agency re- tinue providing missile technology to waived by the President if he deter- port states that during the early 1980’s, Pakistan. Despite this ‘‘agreement,’’ mines: (1) that the person did not en- China provided Pakistan blueprints of China has not stopped the provision of gage in the proliferation activities; (2) a full Chinese nuclear design that was missile and nuclear technology. that the supplier country was taking tested in 1966. It appears it took Paki- I am troubled that the President appropriate actions to penalize entities stan almost 20 years to test a weapon seems to have accepted Chinese prom- for acts of proliferation and to deter fu- because they had difficulty translating ises and reassurances without thor- ture proliferation; or (3) that such a the blueprints from Chinese. oughly examining the facts. For exam- waiver was important to the national Since the 1980’s, China has consist- ple, a July 1997, CIA report concluded security of the United States. ently provided Pakistan additional nu- that ‘‘China was the single most impor- I believe that these measures, affect- clear components and missiles. China tant supplier of equipment and tech- ing both the proliferating company and has operated the Pakistani Cowhide nology for weapons of mass destruc- country, if applied consistently and Uranium-enrichment plant (needed for tion’’ worldwide, and that China con- fairly by the President, can and will nuclear weapons production), provided tinues to be Pakistan’s ‘‘primary stem the serious problem of weapons designs for additional bombs and reac- source of nuclear-related equipment proliferation. China, along with Russia tors, sold weapons grade uranium, sold and technology. . .’’ The Chinese For- and North Korea, must understand that 5,000 ring magnets for a nonsafeguarded eign Ministry spokesman Cui Tiankai, there are real consequences for con- nuclear enrichment program, and con- responded characteristically to these tinuing this reckless behavior, and the tinues to provide assistance to nuclear charges by stating that ‘‘China’s posi- United States must take a stand and facilities that are not safeguarded by tion on nuclear proliferation is very

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8458 CONGRESSIONAL RECORD — SENATE September 13, 2000 clear . . . It does not advocate, encour- technology to Iran seems unbelievable, hundreds of missile guidance systems age, or engage in nuclear proliferation, but it is a sad reality. and computerized machine tools. This nor does it assist other countries in de- According to a 1999 CIA report, ‘‘Iran is just the beginning of Chinese pro- veloping nuclear weapons. It always remains one of the most active coun- liferation to Iran. undertakes its international legal obli- tries seeking to acquire Weapons of The sad fact is that Iran would not gations of preventing nuclear prolifera- Mass Destruction, WMD, and Advanced have these capabilities without Chi- tion . . . China has always been cau- Conventional Weapons, ACW, tech- nese assistance and American inaction. tious and responsible in handling its nology from abroad. In doing so, Although these transfers violate al- nuclear exports and exports of mate- Tehran is attempting to develop an in- most every non-proliferation law on rials and facilities that might lead to digenous capability to produce various the books, the Clinton Administration nuclear proliferation.’’ The Clinton Ad- types of weapons—nuclear, chemical, has only taken small and random acts ministration was apparently reading and biological—and their delivery sys- against selected Chinese companies. from the Chinese script when Peter tems.’’ Iran is obtaining much of this These meaningless acts have done Tarnoff, Under Secretary of State, said technology from China and Russia. nothing to stem the proliferation, and during a Congressional hearing that, The CIA report continues, ‘‘for the without stronger laws, Chinese pro- ‘‘ . . . we (the United States) have ab- second half of 1999, entities in Russia, liferation will continue. solutely binding assurances from the North Korea, and China continued to It is time for the United States to re- Chinese, which we consider a commit- supply the largest amount of ballistic spond with authority to the continued ment on their part not to export ring missile-related goods, technology, and threat of weapons proliferation. Al- magnets or any other technologies to expertise to Iran. Tehran is using this though we need a President who is will- unsafeguarded facilities . . . The nego- assistance to support current produc- ing to lead, we also need more effective tiating record is made up primarily of tion programs and to achieve its goal laws mandating the President to im- conversations, which were detailed and of becoming self-sufficient in the pro- pose sanctions on foreign companies recorded, between US and Chinese offi- duction of ballistic missiles. Iran al- when they engage in proliferation, and cials.’’ With the overwhelming evi- ready is producing Scud short-range authorizing him to take actions dence, it is mystifying that the Chinese ballistic missiles, SRBMs, and has against nations violating international spokesman could make such state- built and publicly displayed prototypes law. This is what the China Non-Pro- ments with a straight face, and it is ex- for the Shahab–3 medium-range bal- liferation Act will do, and I support tremely disappointing that the Admin- listic missile, MRBM, which had its passage of this amendment. istration apparently took China at its initial flight test in July 1998. In addi- The PRESIDING OFFICER. Who word. tion, Iran’s Defense Minister last year seeks recognition? The Senator from More than one and half billion people publicly acknowledged the develop- Delaware. live in South Asia. I believe that Paki- ment of the Shahab–4, originally call- Mr. ROTH. Mr. President, I ask unan- stan would not be in the position to ing it a more capable ballistic missile imous consent that the following Sen- start a nuclear war without Chinese as- than the Shahab–3, but later catego- ators be permitted to speak for up to sistance. Although we cannot reverse rizing it as solely a space launch vehi- the designated times in the following proliferation in Pakistan, we can, and cle with no military applications. order: Senator KYL, 5 minutes; Senator should, take a stand to stop further Iran’s Defense Minister also has pub- BIDEN, 10 minutes; Senator TORRICELLI, transfers to Pakistan and other coun- licly mentioned plans for a ‘‘Shahab 5.’’ 10 minutes; Senator HUTCHISON, 10 min- tries through passage of the China Such statements, made against the utes; Senator GRAMM, 10 minutes; Sen- Non-Proliferation Act. Without taking backdrop of sustained cooperation with ator THOMPSON, 10 minutes; Senator a stand here, what will stop China from Russian, North Korean, and Chinese ROTH, 5 minutes. I further ask consent providing nuclear and missile tech- entities, strongly suggest that Tehran that the vote occur no later than 1:45 nology to Palestine, or Sudan, or the intends to develop a longer-range bal- p.m. this afternoon. renowned terrorist Osama Bin Ladan? listic missile capability in the near fu- The PRESIDING OFFICER. Without The United States must take the lead, ture.’’ These longer ranged missiles objection, it is so ordered. The Senator as the world’s only Superpower, and would be capable of striking targets in from Arizona. stand against nuclear proliferation, Europe and perhaps in the United Mr. KYL. Mr. President, I appreciate which damages the security of the en- States. the remarks of the Senator from Cali- tire nation. China is ‘‘a key supplier’’ of nuclear fornia. To return the debate to the Not only has China provided nuclear technology to Iran, with over $60 mil- Thompson amendment, the question and missile technology to the dan- lion annually in sales and at least four- before us immediately is not whether gerous and unstable region of South teen Chinese nuclear experts working PNTR should be granted but whether Asia, China has provided sensitive at Iranian nuclear facilities. In 1991, the Thompson amendment dealing with technology to Iran. Iran has been iden- China supplied Iran with a research re- national security issues should be sup- tified by U.S. government agencies, or- actor capable of producing plutonium ported. PNTR is going to pass this body ganizations, and entities, along with and a calutron, a technology that can early next week. The question is independent national security experts, be used to enrich uranium to weapons- whether at about 1:45 p.m. or so this as one of the major threats to US secu- grade. (Calutrons enriched the uranium body will table the Thompson amend- rity. Iran’s threat stems from several in the ‘‘Little Boy’’ bomb that de- ment. significant factors including its large stroyed Hiroshima, and were at the The Thompson amendment would set population and armed forces; its geo- center of Saddam Hussein’s effort to up a regime that would help stop the strategic and political location in the develop an Iraqi nuclear bomb.) In 1994, proliferation of weapons of mass de- Middle East—along the straits of China supplied a complete nuclear fu- struction by China. In the past, each Hormuz and the Caspian Sea; an Is- sion research reactor facility to Iran, year we have been able to review the lamic fundamentalist government; a and provided technical assistance in Chinese trade, national security, and drive to obtain weapons of mass de- making it operational. China also con- even human rights issues, and because struction along with their associated tinues to work with two Iranian nu- we had an annual review, we were able delivery vehicles; stated opposition to clear projects, a so-called ‘‘research re- to deal with those issues in this body, the United States and United States’ actor’’ and a zirconium production fa- as well as from a diplomatic point of national interests; opposition to the cility. It is well documented that China view the administration’s dealings Israeli-Palestinian Peace Process; the has provided Iran ‘‘considerable’’ chem- with China. de-stabilization of Lebanon—Israel’s ical and biological weapon-related pro- PNTR will remove that annual re- northern neighbor; and the use and duction equipment and technology. view, the requirement that we affirma- sponsorship of terrorism in its own China has also provided sensitive bal- tively act each year. It will allow country and around the world. Due to listic missile technology for Iran’s China then to join the WTO, and that is these facts, the idea of providing nu- growing missile capability. Among fine as a matter of trade. But we have clear, biological, chemical, and missile other transfers, in 1994, China provided to have some parallel way of ensuring

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8459 from a national security standpoint Thompson amendment would destroy cess to American capital markets. that China stops the proliferation of PNTR. Remember, too, that it is the That is the only issue before the Sen- weapons of mass destruction. opponents of the Thompson amend- ate. The Thompson amendment sets up a ment who forced Senator THOMPSON I recognize that we come to this in- process whereby the Chinese actions into using this vehicle of amending stitution with a variety of local inter- are reviewed and the President can im- PNTR as the only way to achieve his ests. Some of us represent agriculture pose sanctions, if it is appropriate, but goal of establishing a nonproliferation and some industry; some labor and if he does not impose sanctions in regime with respect to China. He of- some business; some in the West, some those circumstances—he does have a fered to do it in freestanding legisla- in the North; some in the South; some waiver authority—he is required to re- tion. He was rebuffed. He offered to do in the East; some rural; some subur- port to Congress why not. There is it after the debate. He was rebuffed. In ban. We have one unifying common in- nothing unreasonable about this par- effect, they knew they had the best terest—the national security of the ticular proposition. chance of defeating him if they could United States. Wherever we are from, Yesterday I talked at length about force him to offer an amendment to whatever our priorities, whatever our the reasons for it. I will mention two: PNTR because then they could argue philosophy, that single guiding respon- The proliferation of M–11 missiles by they were all for it in substance, but sibility unites us all. China to Pakistan, for example, which they did not dare let it pass as a proce- I recognize there are economic inter- has not resulted in appropriate sanc- dural matter because the House then ests in the country that are on dif- tions by the United States and, more would have to deal again with PNTR. ferent sides of the issue of PNTR. But recently, the transfer of sea-based I think this is the most cynical of on this single issue, the proliferation of cruise missiles to Iran. strategies. I wish the issue had not dangerous weapons of mass destruction We remember what happened to the come up in this way. I urge my col- that are a threat to the life and the se- Stark, the U.S. destroyer in the Persian leagues at the appropriate time, in curity of the United States of America, Gulf, when several Americans lost about 45 minutes, not to table the we can find common ground. Indeed, as enthusiastic as any indi- their lives as a result of a sea-based Thompson amendment. Give Senator vidual farmer in America may be to get cruise missile. The question here is THOMPSON an up-or-down vote on his access to Chinese markets, notwith- particularly interesting because the amendment. It is the fair thing to do. standing the fact that this amendment Senate voted 96–0 that the Chinese ac- It is the right thing to do and, from the does not deal with agricultural exports, tions in supplying these cruise missiles standpoint of the responsibilities of all I would challenge any Member of this to Iran was a violation of the Gore- of us in this Chamber as Senators who Senate to find an individual American McCain Iran-Iraq Nonproliferation Act. have responsibility both for trade and farmer who, even if this amendment In other words, China is not supposed for national security, the Thompson did threaten agricultural exports, to send this kind of weapon to coun- amendment is the right thing to sup- tries such as Iran. The Senate has been would trade a single sale for the United port. States not being resolved in denying on record unanimously that it was a Thank you, Mr. President. Chinese companies the ability to ex- violation of the act. The administra- Mr. TORRICELLI addressed the port missile or nuclear or biological tion has done nothing to impose sanc- Chair. technology that threatens the Amer- tions or otherwise act to stop China The PRESIDING OFFICER. The Sen- ican people. from that kind of proliferation. That is ator from New Jersey. Find me a single high-tech executive, Mr. TORRICELLI. Under the pre- why the Thompson amendment is nec- given the choice between an individual vious order, Senator BIDEN was to be essary. contract and the ability to restrict a Trade, in other words, cannot be the recognized at this point. I ask unani- single Chinese company from selling only thing that defines the relationship mous consent that I be allowed to pro- technology that threatens the United between the United States and China. ceed under his time and that, in turn, States of America, find me one who The Senate has to balance other things he proceed following the conclusion of would not take a stand for this amend- than trade, including our national se- my remarks. ment. curity obligations. The PRESIDING OFFICER. Is there Individual interests, I understand It has been said that we cannot sup- objection? them. port the Thompson amendment, not be- Without objection, it is so ordered. My friend and coauthor of this cause it is not a good idea but because Mr. TORRICELLI. Mr. President, I amendment, Senator THOMPSON, stood if there is any change to this bill in the think it is important to remind the on the floor reciting comments by the Senate, if it goes back to the House of Senate of the issue before the body. It president of the U.S. Chamber of Com- Representatives, they will not pass it. has been argued that China should be merce, who threatened retribution One of two things is true: Either there allowed into the World Trade Organiza- against Senators who support Thomp- is support for PNTR and the House of tion. That is not a question of this son-Torricelli and cited the ‘‘politics of Representatives will quickly act on the amendment. China is coming into the nuclear proliferation.’’ Thompson amendment, and, in fact, if World Trade Organization under PNTR. What have we come to as an institu- the two are joined and sent to the It has been argued that there should tion? The ‘‘politics of nuclear prolifera- House, as I was advised yesterday, sup- not be an interference in trade between tion’’? I thought the issue of non- port would fall off in the House to the China and the United States; it was ar- proliferation knew no politics, was sup- point where there are 40 people over gued strenuously by my friend and col- ported by Democrats, Republicans, lib- there who no longer support PNTR and league from California. That is not be- erals and conservatives. We can all dif- would not vote for the bill. fore the Senate under this amendment. fer on some of the strategies of defend- Obviously, it would be an anti-demo- It has been argued that the internal ing the United States. We may differ cratic action for us to proceed with politics of China should not interfere on the question of a missile shield de- something that no longer enjoys a ma- with trade. That is not before the Sen- fense. We may differ on how we allo- jority support in the House of Rep- ate. The Senate has defeated the meas- cate our national defense resources. resentatives. I cannot believe that ures on internal matters in China. It is But I thought the question of prolifera- many people would switch their vote going to support WTO and the PNTR. tion was the one uniting aspect of our on PNTR. They still, of course, can The issue before the Senate is narrowly foreign policy that knew no bounds— vote against the Thompson amendment defined. we are all united in the question that if we send it over to them. Under Thompson-Torricelli, there is there are some governments that are The fact is, we have 5 weeks to go. a single issue before this body: Whether so irresponsible, some nations that live The House of Representatives has plen- repeated acts of violations of non- so far out of the norms of accepted be- ty of time to deal with this issue. They proliferation agreements by Chinese havior, that they must be denied these are committed to PNTR, as I know the companies will give the President the weapons. leadership of the Senate is. I cannot be- authority, which he will have the right The evidence is unmistakable that lieve amending the bill with the to waive, to interfere with Chinese ac- the People’s Republic of China, despite

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8460 CONGRESSIONAL RECORD — SENATE September 13, 2000 20 years of commitments to accede to sanctions are ever justifiable or ever him for his concern, which I know is this policy of denying these rogue na- successful, particularly members of my sincere. tions these technologies, continues to party? Second, I agree with the Senator’s export this dangerous technology. The The birth of economic sanctions was assertion that the People’s Republic of evidence is overwhelming. from Woodrow Wilson, former Gov- China has a poor proliferation track The Director of Central Intelligence ernor of my State, who believed they record. China’s exports of weapons of reported to this Congress, last month, were the civilized alternative to avoid- mass destruction and the means to de- that China has increased its missile-re- ing armed conflict and war. They are liver them have made the world a more lated assistance to Pakistan, continues not a perfect weapon, but they have dangerous place. to provide assistance to Iran, North avoided conflict. Unfortunately, our concerns are not Korea, Libya; that China has pro- Who here would rise and say that all historical. You won’t find much ar- liferated to Pakistan. unilateral sanctions by European gument in this body if the Administra- This Senate has debated what to states against South Africa and apart- tion decided today to impose sanctions spend and how to spend to defend our- heid was wrong, or against Rhodesia or on China—using existing law—for its selves against the possibility, by 2005, against the Soviets after invading continuing export of ballistic missile of nuclear-tipped missiles from North Czechoslovakia? Who here would argue technology to Pakistan. Korea. We have all lived in anguish that they were wrong against Cam- The debate isn’t about whether China with the destruction of American citi- bodia after the death camps? Who has a clean record in the area of non- zens by the terrorism in Libya and would argue they were wrong against proliferation. It does not. Period. No, Iran. fascist Italy, against Abyssinia and this debate is about how we get the Now before this Senate is the most Ethiopia? Who here would argue that Chinese and other proliferators to modest of amendments—not an inter- Roosevelt was wrong in using them clean up their act. So I ask my col- ference with trade; not a restriction on against the Nazis or the Japanese inva- leagues to keep their eyes on the ball. The question each of us should ask as exports, though indeed that may be sion of Manchuria or Wilson himself we evaluate the Thompson amendment justifiable; not a sanction against the against unrestricted submarine warfare is this: At the end of the day, is the violations of workers’ rights or human in the North Atlantic? For the entire Thompson amendment likely to im- rights, though that may be arguable. 20th century, these sanctions have been prove U.S. security by reducing the We have not dared, in the most modest used—not a perfect tool, not always spread of weapons of mass destruction of positions, to ask, to request, to sug- successful, but always an alternative gest any of those things. Just this: and the means to deliver them? to conflict and in defense of the na- I believe the answer is no. The legis- That the authority exists to deny com- tional security. lation offered by Senator Thompson is panies in the People’s Republic of That issue is before the Senate again. deeply flawed. Since its introduction, China that consistently, regularly are Because while these may not be sanc- the Thompson amendment has been re- found, by overwhelming evidence, to be tions, because it may appear the Sen- vised at least three or four times. I proliferating dangerous technologies ate, given the economic opportunity, give the Senator credit for trying to fix that threaten the United States of would not accept them, Senator the bill’s many flaws. Unfortunately, America, access to our capital mar- THOMPSON and I have offered some- with each version, this bill has not sub- kets. But, indeed, that would be too thing far less ambitious, a simple stantially improved. ambitious to ask, so we have given the standby authority. But it is an alter- In its earliest iteration, at least we President waiver authority to cancel native. knew what this bill was all about. It that restriction and simply tell the What will we say to the American was all about undercutting the very Congress why he did so. people if one day we discover that mis- normal trade relations that we are Is there a man or woman in the Sen- sile or nuclear or biological weapons about to vote to make permanent with ate who thinks this request is so ambi- are in the hands of our most feared en- China and instead treating China like a tious, would so threaten the economic emies threatening the lives of the virtual enemy. life of the United States, that we can- American people? Someone on this The likely effect of the original not ask this? I challenge my colleagues floor would be right to rise and quote version of the ‘‘China Nonproliferation in the Senate, if you will not accept the old Bolshevik maxim: They will Act’’ was to gut normal trade relations the evidence from the Director of Cen- sell us the rope with which we will with China, shut down trade in dual- tral Intelligence on this proliferation, hang them. use items, deny China access to our if you will not cede the warning, accept No one on this floor wants to provide capital markets, end educational and the overwhelming evidence of this pro- that explanation. I urge support for the scientific exchanges, and suspend the liferation and the threat it constitutes Thompson-Torricelli amendment. It is bilateral dialog on a range of impor- to the United States of America, then right. It is modest. I believe the Senate tant issues, including counter-nar- have the intellectual honesty and cour- would be proud to take this stand. cotics and counter-terrorism. age to rise on the floor of this Senate I yield the floor. It was clear-cut. It was unambiguous. to say the Central Intelligence Agency The PRESIDING OFFICER. The Sen- And it was unambiguously contrary to no longer provide this evidence. Be- ator from Delaware. the national interest. cause if you will not read it, you will Mr. BIDEN. How much time do I The current version of the amend- not accept it, and you will not act upon have? ment does not have that coherence. a request that is this modest in scope, The PRESIDING OFFICER. Under a Rather, it is a legislative stew con- then have the intellectual honesty not previous order, the Senator has 10 min- taining an assortment of ingredients, to even receive it. utes. not all of which go together. It has sev- I say to my colleagues, it has been Mr. BIDEN. Mr. President, I oppose eral major flaws. stated on this floor that the history of the amendment by the Senator from The first major flaw is that although economic sanctions has been uniformly Tennessee. the sponsors have advertised the disappointing; that there is no evidence Although well-intentioned, the amendment as targeting certain rogue that they succeed. In the long history Thompson amendment—the so-called states, in fact it also targets American of economic sanctions, this would be ‘‘China Nonproliferation Act’’—is a firms and firms located in several west- the most modest. We interfere with no deeply flawed approach to addressing ern nations. trade, restrict no product, restrict no the proliferation problem. On its face, the amendment purports market, only the raising of capital, and At the outset, let me stipulate to a to target only those countries high- only then if the President does not ex- couple of points about which the Sen- lighted by the Director of Central In- ercise a waiver. ator is correct. telligence in a seminannual report as But even if this were a more ambi- First, I fully agree with the Senator ‘‘key suppliers’’ of weapons of mass de- tious amendment, do my colleagues in that the proliferation of weapons of struction and missile technologies. the Senate really want the record to mass destruction poses a serious threat Those countries, under the most cur- reflect that we do not believe economic to our national security. I commend rent version of this report, released

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8461 earlier this summer, are China, Russia, amendment requires the firm, if its person identified in a report submitted and North Korea. stock is listed on U.S. capital markets, pursuant to section 3 has engaged in an But closer examination of the amend- to make this information—that is, the activity described under section ment reveals that it would likely ex- information that they have been cited (3)(a)(1), the President shall apply to pose some of our closest allies—and in the presidential report—available in such person’’ the sanctions for not less even U.S. firms—to scrutiny under this reports and disclosure statements re- than one year. bill. quired under the Securities Exchange In other words, if the President finds Let me explain. This is a bit com- Act. that a person engages in a proliferation plicated, so I hope colleagues will bear In short, the bill places a ‘‘scarlet activity, he must apply the sanctions. with me. letter’’ on the reputation of firms— He has no discretion—if he sees that Under the amendment, the President based on information that may later the requisite facts exist, he must im- must submit a report to Congress an- prove to be unfounded. pose sanctions. nually—‘‘identifying every person of a This is a pretty breathtaking provi- Don’t take my word for it. covered country for whom there is sion—which requires the President to A few years ago, the Office of Legal credible information indicating that shoot first, and ask questions later. Counsel at the Department of Justice such person’’ has transferred dangerous The second major flaw of the bill is interpreted similar language in an- technology to other foreign entities or that the amendment is its rigidity. It other non-proliferation law—the Chem- has diverted U.S. technology in such a imposes a one-size-fits-all straitjacket ical and Biological Weapons Control way so as to contribute to development on the President—forcing him to im- and Warfare Elimination Act of 1991. It of weapons of mass destruction. pose numerous sanctions against an of- concluded that the President ‘‘has a A ‘‘covered country’’ is a term that is fending company, no matter the grav- duty to make determinations, not defined in the bill: it is any country ity of the violation, and it requires him merely the discretion to do so.’’ And identified by the Director of Central to impose the same set of sanctions in once he makes those determinations, Intelligence as a ‘‘source or supply’’ of every instance. then the sanctions under the law are dual-use or other technology in the Under the amendment, if the Presi- triggered. most current report required under dent determines that a person or firm So, too in the Thompson amendment. Section 721 of the Intelligence Author- has engaged in prohibited proliferation If the President determines that the ization Act for Fiscal Year 1997. A activity, then the President must proliferation action has occurred, then the sanctions must be imposed. country is also a ‘‘covered country’’ if apply five different penalties on such To be sure, the bill allows the Presi- it was so identified in this report at firms—including a ban on military and dent to waive the sanctions. But the any time within the previous five dual-use exports from the United act of making the initial determina- years. States to such firms, and a ban on the tion is not waivable. Guess what? In 1997, this report by provision of any U.S. assistance, in- The third major flaw is that the bill the Director of Central Intelligence cluding any loans, credits, or guaran- will undermine the credibility of exist- specifically named the United States, tees to such firms. ing sanctions laws because it has an ex- as well as several Western European This would include Export-Import tremely low burden of proof and does nations, including the United Kingdom, Bank financing and assistance from the not differentiate serious violations France, Germany and Italy, as ‘‘favor- Overseas Private Investment Corpora- from trivial ones. ite targets of acquisition for foreign tion. Let me explain first how sanctions weapons of mass destruction programs, The President has no flexibility to are triggered in the bill. especially for dual-use goods not con- tailor the penalty to fit the crime. He Two kinds of behavior are trolled by [certain] multilateral export must impose all five punitive measures sanctionable: the first is any transfer control regimes.’’ That makes those against the offending person for at of technology of any origin by a person nations a ‘‘source or supply’’ of dual- least one year—even if the behavior is of a covered country—and remember, use or other technology under the corrected immediately. He cannot dan- ‘‘covered country’’ includes the United terms of the Thompson amendment. gle carrots encouraging the firm or na- States and several European allies— So what does this mean? tion to clean up its act. which contributes to the ‘‘design, de- It means the President will have to The only flexibility he would have is velopment, production, or acquisition report to Congress on any ‘‘credible in- to invoke a national security waiver. of nuclear, chemical, or biological formation’’ that the Executive Branch And I doubt such a high waiver will be weapons or ballistic or cruise missiles’’ has on either (1) United States firms, justifiable in each and every case. by a foreign person. or (2) European firms regarding trans- I believe it is extremely unwise to tie The second action that is fers of dangerous technology. Sanc- the President’s hands in this manner. sanctionable is any contribution to a tions are unlikely to result against We are not clairvoyant, and we weapons of mass destruction program U.S. or European firms, for two rea- should give the President flexibility to made by the diversion of U.S.-origin sons. calibrate his response—and the power technology to an unauthorized end- First, after this report is provided to to cope with changing circumstances user. Such diversions are sanctionable Congress, the President must then for- which we cannot foresee. even if they occur within China or Rus- mally determine that the firm has ac- It is also unwise to impose the same sia. tually engaged in the proliferation ac- set of penalties on different cases. The bill penalizes either of these ac- tivity—not merely that there is cred- Should we treat the transfer of an item tions—technology transfers or diver- ible information that it has. on Category Two of the Missile Tech- sion—regardless of whether they are ei- Second, even if the President makes nology Control Regime the less serious ther ‘‘knowing’’ or ‘‘material.’’ such a determination, the amendment of the two categories in that regime— Nearly all of our current prolifera- exempts from the sanctions any nation such as telemetry software—the same tion sanctions laws contain these that is part of a multilateral control as a transfer of a complete missile sys- ‘‘knowing’’ and ‘‘material’’ require- regime on proliferation—as the United tem? Current missile sanctions law ment—they do not attempt to punish States and the major Western powers permit this sort of differentiation. The transfers that are unintentional or are are. Thompson amendment does not. relatively inconsequential. But for the firms named in this origi- On Monday the Senator from Ten- For example, Section 73 of the Arms nal report, the damage will have been nessee implied that the sanctions Export Control Act—the existing mis- done. under this provision are somehow dis- sile sanctions law—requires sanctions First, the companies will surely be cretionary—that the President has the whenever a foreign person ‘‘know- subject to negative publicity based on flexibility on whether or not to impose ingly’’ transfers equipment or tech- the very low ‘‘credible information’’ sanctions under Section 4 of the nology controlled by the Missile Tech- standard—and suffer financial and amendment. This is simply not true. nology Control Regime, MTCR. other damage that may flow from such Under Section 4 of the amendment, Items controlled by the MTCR meet publicity. Second, Section 8 of the ‘‘if the President determines that a the test of ‘‘materiality’’ because they

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This legislation is ishes all transfers—regardless of activity is significant or not, be in- not likely to be effective in reducing whether the firm intentionally engaged cluded as part of a new magnum opus. proliferation by irresponsible actors. in the prohibited conduct or whether This low ‘‘credible information″ stand- Let me make one final point. the transfer made any difference to the ard is derived from the Iran Non- One underlying assumption of the program of the recipient nation. proliferation Act of 2000. Under this Thompson bill seems to be that there The only standard is whether is it standard, one piece of information are few non-proliferation statutes on ‘‘contributes’’ to the ‘‘design, develop- from a source deemed to be credible the books. Any such assumption would ment, production, or acquisition’’ of must be reported—even if that evidence be false—over the last decade Congress weapons of mass destruction programs. later proves to be false. has enacted numerous proliferation This, potentially, has a very broad Congress has yet to receive the first laws. Let me highlight a few: sweep. report required under that Act. But we The Chemical and Biological Weap- Does a vehicle supplied by Russia, do have some information about the ons Control and Warfare Elimination of the United States or a western country burden it is imposing. 1991 contains numerous provisions re- and used by the People’s Liberation To date, the Intelligence Community stricting technology to, or imposing Army to transport goods from one has found 8,000 pages of information sanctions on, to countries or persons weapons plant to another ‘‘contribute’’ that is ‘‘credible’’ just on chemical and proliferating chemical or biological to ‘‘production’’ of Chinese missiles? biological weapons and missile pro- weapons technology; Does cement for a Chinese cruise liferation alone. The Nuclear Proliferation Prevention missile plant ‘‘contribute’’ to the ‘‘pro- Many thousands of staff hours will be Act of 1994 bars U.S. Government pro- duction’’ of such missiles? Does advice required to assemble and analyze the curement in the case of foreign persons from an efficiency expert ‘‘contribute’’ information for this report. Does it who materially contribute to the ef- to ‘‘production’’? really make sense to have our govern- forts of individuals or non-nuclear Surely they do ‘‘contribute’’ in some ment’s non-proliferation specialists de- weapons states to acquire nuclear ma- way to the production occurring at the voting so much time to assembling yet terial or nuclear explosive devices, and facility. another report—rather than combating requires sanctions on financial institu- Under the Thompson amendment, all the proliferation danger? tions that finance the acquisition of ‘‘contributions’’—even these relatively Congress hardly suffers from a lack nuclear material or nuclear explosive inconsequential examples I just cited— of information about proliferation. We devices. would appear to be treated equally. The Foreign Assistance Act bars U.S. If we are going to impose sanctions, already require a range of reports on foreign assistance to nations that en- we should have a rule of reason—and the subject. For example: Congress receives an annual report gage in certain proliferation activities; punish transfers that matter. Do we on proliferation of missiles and essen- The Arms Export Control Act pro- really want to trigger the vast machin- tial components of nuclear, chemical vides for sanctions against nations ery of sanctions over transfers that are and biological weapons—required since that transfer unsafeguarded nuclear not of serious concern? Additionally, do we want to trigger a 1991; materials or against non-nuclear states vast array of sanctions if the company Congress receives an annual report which use nuclear devices, including did not act intentionally? on the threat posed to the United the Glenn Amendment sanctions which The fourth major flaw of the amend- States by weapons of mass destruction, were imposed on India and Pakistan in ment is that it could undermine our ballistic and cruise missiles—required 1998. proliferation policy by singling out since 1997; The Iran-Iraq Arms Nonproliferation China, Russia, and North Korea. Congress receives an annual report Act of 1992 requires sanctions against A law that singles out the worst on the efforts of foreign countries to persons or countries who knowingly proliferators might, at first blush, obtain chemical and biological weap- and materially contribute to the ef- make sense. But it sends an odd mes- ons and efforts of foreign persons or forts by Iran or Iraq to acquire chem- sage to the world that we care only governments to assist such programs ical, biological, or nuclear weapons or about proliferation from those coun- —required since 1991; to acquire destabilizing numbers and tries. Why shouldn’t we care just as Congress receives an annual report types of advanced conventional weap- much about proliferation by Libyan or on the transfer of chemical agents and ons. Syrian firms as by Chinese firms? the trade precursor chemicals relevant The Export-Import Bank Act bars fi- To be effective, U.S. sanctions law to chemical weapons—required since nancing for U.S. exports to any coun- should be defensible to the world. We 1997 under the Senate resolution con- try or person which assists a non-nu- can logically explain that proliferation senting to the Chemical Weapons Con- clear weapons state to acquire a nu- to Iran or Iraq deserves special atten- vention; clear device or unsafeguarded special tion—because of the rogue behavior of Congress receives an annual report nuclear material. those countries. But what is the logic on compliance with international arms Finally, a Presidential Executive for treating proliferation from China, control agreements, which includes a Order (#12938) requires the Secretary of Russia, and North Korea more seri- detailed assessment of adherence of State to impose certain sanctions ously than proliferation from other other nations to obligations under- against foreign persons who materially countries? taken in nonproliferation agreements contribute or attempt to contribute to Moreover, country-specific legisla- or commitments—required since the the efforts of any foreign country to tion is unnecessary. mid-1980s. obtain weapons of mass destruction or If China, Russia, and North Korea are In addition, Members of Congress a missile capable of delivering such the worst actors in this area, then any have full access to a range of regular weapons. law that applies generally will fall on intelligence reports on the subject of In short, it is a delusion to think we them disproportionately. proliferation. have a shortage of laws. In fact, current proliferation sanc- In sum, we do not need another re- What the senator is complaining tions laws have been used against these port that will divert officials in the Ex- about is a failure to use these laws to three countries more than most others. ecutive Branch from the daily business punish the Chinese and other bad ac- The fifth major flaw of the amend- of trying to actually stop proliferation. tors. This failure is hardly unique to ment is that it will impose an incred- Mr. President, I understand the moti- this Administration. ibly burdensome reporting requirement vation at work here. Proliferation by During President Reagan’s term, on the intelligence community and the Russia or China makes me angry too! I China provided nuclear know-how to Executive Branch officials responsible would have thought that the limita- Pakistan and missiles to Saudi Arabia. for enforcing non-proliferation policy. tions of this kind of sledgehammer ap- The United States responded by selling

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The implication being, In President Bush’s administration, don’t think there is anyone on the had we acted on this amendment favor- China sold missile technology to Paki- floor who would rise up and criticize ably and passed it, then China wouldn’t stan. The United States responded by this administration if they did what I sell any more weapons technology. briefly imposing sanctions—and then have publicly and privately suggested That is a bit of a tautology. They subsequently liberalizing export con- to them: Impose sanctions now under would sell it whether or not this trols on a wide range of high tech- existing law. amendment is here. The question is nology, including the launch of U.S.- I am sure none of my colleagues what retribution we take and in what made communication satellites by would do this but their staffs may. I form we take it. China. refer them to the last third of my I ask the rhetorical question to my The Clinton Administration has statement where I laid out in detail friends from Tennessee and New Jer- twice sanctioned China for prolifera- how many laws are on the books now sey, and others who support this tion of missile and chemical tech- which were enacted relative to pro- amendment. Right now we are trying nology, but has balked at imposing liferation: the Chemical and Biological very hard to deal with two things in sanctions in response to China’s most Weapons Control and Warfare Elimi- North Korea: the existence of fissile recent misdeeds. nation Act, the Nuclear Proliferation material that is able to make nuclear The failure of Executive Branch to Prevention Act of 1994, the Foreign As- bombs, and their ability to produce a use sanctions authority occurs in both sistance Act, the Arms Export Control third stage for their Taepo Dong mis- Republican and Democratic adminis- Act, the Iran-Iraq Arms Nonprolifera- sile that would allow that missile to trations. It is often lamentable. But tion Act, the Export-Import Bank Act, reach the United States, although it is the appropriate response is not enact- which bars financing of U.S. exports, problematic whether they could put a ment of a severely flawed piece of leg- the Executive Order No. 12938, which nuclear weapon on it even if it had a islation. requires the Secretary of State to im- third stage because of the throw- Mr. President, let me sum up. pose certain sanctions, et cetera. All weight requirements. I understand the Senator’s concerns. the laws are there now. They exist. So what have we been doing? Former I agree with him that Chinese pro- What this is really about is the un- Secretary of Defense Perry, and the liferation is a serious problem. I dis- willingness in the minds of our col- last administration as well, have been agree with his remedy. leagues, some of our colleagues, for trying to get the Chinese to use their influence on North Korea not to de- I would be pleased to work with him this administration to once again im- velop long-range missiles. And what next year in trying to move serious pose sanctions, or the last administra- has happened? It is kind of interesting legislation to fill any gaps that may tion to impose sanctions. that the first amelioration, the first exist in our proliferation laws through We became fairly cynical around here thawing of the ice came with the the Committee on Foreign Relations— because of what happened during the Agreed Framework during Perry’s ten- the committee of jurisdiction. terms of the last two Presidents. What But I believe that it would be ex- ure. The Agreed Framework made sure was the response to documented pro- that North Korea would not be able to tremely unwise to pass this legislation, liferation by China, for example, dur- as well-intentioned as it is—because I acquire more fissile material for nu- ing President Reagan’s term; when clear weapons. They stopped making believe it has so many flaws that it is China provided nuclear know-how to fissile material. It is working. Sur- beyond fixing at this late date. This Pakistan and missiles to Saudi Arabia? prise, surprise. legislation, as currently written, would The U.S. response, under President The second thing is, because of our not succeed, and could seriously harm Reagan, was to sell advanced conven- intercession with China, at least in our non-proliferation efforts. tional weaponry to the People’s Libera- part, the Chinese had a little altar call, I urge my colleagues to vote no on tion Army, torpedoes for its navy, ad- as we say in the southern part of my the Thompson amendment. vanced avionics for its air force, and State, with the North Koreans. The To reiterate, the Senator from New counterbattery artillery radars for its North Korean leader, the guy we were Jersey and the Senator from Tennessee army. told was holed up, who is manic depres- have made some good arguments but In the Bush administration, China sive, a guy who was supposedly schizo- on the wrong bill. If you listen to the sold missile technology to Pakistan. phrenic, everything else you hear debate of the proponents, you would as- The United States responded by briefly about him, went to Beijing. He came sume there is no sanction legislation imposing sanctions and then subse- back. Guess what. He had a public that exists now relative to China. The quently liberalizing export controls on meeting with South Korea. Guess irony is that there is significant sanc- a wide range of high-technology issues, what. He concluded that they would tion legislation on the books now. including the launch of U.S.-made com- stop testing their missile, the third This quarrel is about two things. Half munications satellites by China. stage of their missile. He further con- the people who are for this amendment This isn’t about whether or not non- cluded that there should be some rap- are against trade with China. The proliferation laws exist. It is about prochement with the south. other half of them—I don’t mean lit- whether or not we have the will to im- And lo and behold, Kim Jong-il con- erally half—are made up of a mix of pose upon the President the require- cluded that he, and the North Koreans, people, people who are against the bill, ment that he enforce the law now. wants American troops in South Korea. the permanent trade relations bill Why not pass a resolution here and Surprise, surprise. Why? They don’t which my senior colleague is man- now and say that the Senate goes on want the vacuum filled by an Asian aging, and some who are desperately record saying, Mr. President, you power if we leave. China doesn’t want concerned about the prospect of further should impose sanctions on China now? North Korea to have a nuclear capac- proliferation by China. There is enough of a case to do it now. ity. It is not in their interest for that The truth is, what the real fight Why not do that, if you are really con- to occur. should be about is why President Bush, cerned about sanctions? This goes be- Now, somebody tell me how we solve President Reagan, and President Clin- yond that. the problem of the proliferation of so- ton have not imposed the laws that are Everybody knows if this or any other phisticated nuclear weapons on the on the books now. We don’t need any amendment passes attached to this subcontinent of India, including Paki- new sanction laws. We particularly bill, the larger issue of trade with stan and India, as well as China, if we don’t need ones that are so desperately China is dead, for this term anyway. are not engaging China. I don’t get flawed as this one, which lowers the In the brief time I have remaining, this. From a strategic standpoint, I threshold so low you can’t be certain let me jump to another point. My don’t get how this is supposed to ac- that, in fact, there is proliferation friends talk about this in terms of—and complish the strategic goal because my

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If tion of conflict. they are for free trade. we know China is sending its nuclear Some people seem to have the idea They don’t want to scuttle the trade formulas to places such as North that by adopting PNTR we will be hav- agreement. They say their interest is Korea, Iran, Iraq, and that that is ing a marriage with China—that some- in the strategic problem of prolifera- going to put American citizens in di- how, because we are endorsing normal tion. I respectfully suggest that rect harm’s way and stop the balance trade relations with China, we would in amendment is not going to, in any of power between North and South effect be endorsing Chinese policies on way, change China’s proliferation in- Korea and make it heavily favoring how they treat their workers, how they stincts. What is going to change Chi- North Korea, are we really going to protect religious freedom, how they na’s proliferation instincts will be a stand by and say we will try to engage protect the environment, and how they larger engagement with China on what them when we have not spoken to them conduct their foreign policy. We are is in our mutual interests—discussions in any way when we had the chance to not doing any of those things. Every criticism of China that has about strategic doctrine, national mis- do it, as we do right now? I hope not. HOMPSON sile defense, Japan, Korea, and Taiwan. It has been said that it will kill this been made is valid. Senator T talked earlier about not wanting to ir- That will effect relations with China, bill if we add an amendment. I wasn’t ritate the Chinese. I am perfectly will- potentially, in a positive way. elected to the Senate to rubber stamp ing to irritate the Chinese. But this Passing this amendment, as my the House of Representatives. I wasn’t legislation is about establishing nor- friend from New York said in another elected by the people of Texas to rub- mal trade relations—the same rela- venue when I was with him yesterday, ber stamp the President. I was elected tions we have with virtually every will be the most serious foreign policy to the Senate to do what I think is country in the world except countries mistake we will have made in decades. right and to fulfill my responsibilities directly involved in terrorism—with I share his view. I realize it is well in- to the people I represent. National se- China. We are not talking about a mili- tended. My friend from Tennessee says curity is my No. 1 responsibility. If it tary alliance or a political marriage. no one has an answer as to how we are kills a bill because the Senate adds an We are talking only about normal going to stop China. I don’t have an an- amendment and allows us to talk to trade relations. swer, but I have a forum in which you the President about it and talk to the The Thompson amendment to the do that. It is not in the trade bill. It is House of Representatives, then I think PNTR bill would impose political con- engaging them in their mutual inter- that is our role and our responsibility. trols on the American capital market ests and ours on the future of North I reject totally those who would say with regard to China. Federal Reserve Korea, and engaging them and making don’t vote for this amendment; it is a Chairman Greenspan says that the it clear to them that it is not in their killer amendment; it will kill the bill. Thompson amendment’s financial sanc- interest to see India become a nuclear It will not kill the bill. We have tions ‘‘would undercut the viability of state with multiple nuclear warheads brains. We know we might have to our own system and would harm us and hundreds, if not thousands, of compromise in some way, but we want more than it would harm others.’’ The ICBMs. This isn’t the way to do it. to be forceful that we are not going to Securities and Exchange Commission I thank my colleagues. I realize my allow China to spread nuclear weapons says the Thompson amendment is time is up. of mass destruction around the world, ‘‘antithetical to the United States ap- I yield the floor. especially to rogue nations that would proach to capital market access and The PRESIDING OFFICER (Mr. do our country wrong. We are not going free movement of capital.’’ The Securi- BROWNBACK). Under the previous order, to stand up and say today, I hope, that ties Industry Association, which rep- the Senator from Texas, Mrs. we are afraid to amend a bill because it resents securities markets nationwide, HUTCHISON, is recognized for 5 minutes. might kill it. No, that is not why I was says the Thompson amendment ‘‘could Mrs. HUTCHISON. Mr. President, elected to the Senate. I was elected to seriously disrupt investor confidence in this is a very important vote. It is a the Senate to do what I think is right. United States markets and jeopardize very important issue. I have been a I hope the Senate will speak very force- their continued vitality, debt and li- strong supporter of opening relations fully today that we can work with the quidity.’’ with China, of opening trade with House and with the President and we Senator THOMPSON says he wants a China, not because China has been the will pass free trade with China, with vote on his amendment. I have no ob- kind of ally we would all hope it would national security addressed. That is jection to Senator THOMPSON having a be but because I have believed that the issue. vote. But he doesn’t want anybody else having open trade relations with them I urge my colleagues to stand up for to have a vote on it. If we are going to would improve the relationship; that if their people, as they were elected to consider major legislation like the we had some leverage in a trade rela- do. Let’s work this out and have a free Thompson amendment, as chairman of tionship, we would be able to ask them and fair trade agreement that is good one of the committees with jurisdic- and have some leverage for them to for both countries. Thank you. tion over major elements of that have fair trade, to recognize intellec- I yield the floor. amendment I would like to have an op- tual property rights, and to become a The PRESIDING OFFICER. Under portunity to offer my own amendments part of the community of nations. the previous order, Senator GRAMM to it. I know we can get carried away But it seems to me we are saying we from Texas is recognized for up to 10 with amendments. And Senator THOMP- want free and open trade and nothing minutes. SON makes a good point. Committees of else should matter; that if we have free Mr. GRAMM. Mr. President, I rise in jurisdiction aren’t everything. But I and open trade, we should not stand up strong opposition to the Thompson think it is important that we get Alan for our national security interests. amendment. I oppose it because it is a Greenspan and other people who under- That is what I have been hearing on bad amendment. Its logic is flawed. It stand our financial markets to give us the floor now for 2 days. If we are going would hurt America more than it input before we take a major step like to engage China on issues such as would punish China. Let me try to ex- instituting controls on America’s cap- North Korea and weapons proliferation plain why. ital markets. to Iran and Iraq, as was proposed by First of all, the Thompson amend- The capital markets and financial in- the Senator from Delaware, how can ment goes far beyond denying China stitutions controls in the Thompson we engage them if we say, by the vote access to American dual-use tech- legislation go against what we have today, it is not really a big issue to us, nology that could have defense applica- been trying to achieve with the Chi- that weapons proliferation takes sec- tions. The Thompson amendment nese for many years. For years we ne- ond place to trade? would take American capital markets gotiated with the Chinese to get them

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8465 to open their markets to American fi- doesn’t want anybody else to have a Mr. ROTH. I ask the Senator from nancial services companies. We want vote on their amendments to his legis- Tennessee to please proceed. citizens in China to be able to own a lation. I think that is what ultimately Mr. BYRD. Mr. President, I withdraw piece of the rock and to invest in re- brought us to where we are now. my request for the time being so the tirement accounts in America. Senator There are security concerns with Senator may speak. THOMPSON’s amendment would set up a China. They need to be dealt with. But The PRESIDING OFFICER. The Sen- mechanism to deny them the very they cannot be dealt with within the ator from Tennessee. rights for which we negotiated so long context of PNTR, with a bill that has Mr. THOMPSON. Mr. President, one and hard. never been through a committee, that brief comment and then I am going to I am not here to endorse China’s has never had a hearing on its impact, yield 5 minutes of my time to the Sen- practices—far from it. I condemn their that has not been looked at it to see ator from Ohio. policies with regard to the environ- whether it makes sense. Will it do what I say in response to Senator GRAMM, ment, with regard to their workers, we want it to do? Will it hurt us more surely I did not hear the basic propo- with regard to religious freedom, and than it hurts other people? sition that I would not do something with regard to proliferation. But that So I urge my colleagues to reject this for him on something else and there- is not what we are talking about here. amendment and to adopt normal trade fore he is not going to do something for We are talking about establishing nor- relations with China. We are not en- me? Surely I misunderstood that part. The only other response I would have mal trade relations. And the key point dorsing China. We are trying to trade is at least the Senator from Texas is: Does anybody believe any one of with them. We are trying to promote interjected a new way to address this these areas of concern will be better if economic freedom because we know proliferation we are seeing coming we reject PNTR? economic freedom not only enriches us from China. His response is trade with I remind my colleagues that in 1948 and them, but ultimately produces an them and one day we will magically there were 23 countries that signed the irresistible demand by people to have wake up and they will be dismantling agreement that founded the GATT, political freedom. When they have eco- their armaments; they will be quitting now called the WTO. Their common nomic freedom, China will change. selling weapons of mass destruction to goal was to expand economic trade. This is a bad amendment. It is not these rogue nations, and they will be One of those 23 countries was China. ready to be adopted. I hope we table it. happy and friendly. All we have to do is But one year later, China turned to the As I said, if we don’t table it, we are have more and more and more trade, dark side. They wanted to remake going to amend it; and then we are and that will solve the proliferation their society. They wanted to build a going to be in a long debate about a problem. subject that is relevant and important. ‘‘ladder to heaven.’’ They wanted to When that happens, Mr. President, I create equality, except for their polit- But it is a subject that does not have will present the tooth fairy on the floor ical leaders. And they did it—they to do with establishing normal trade of this body. made everybody poor. Chinese per cap- relations with China, which is the With that, I yield 5 minutes to my ita income nosedived. By 1978, Taiwan, point of the underlying legislation and friend from Ohio. which started with fewer economic re- which I support. Mr. DEWINE. Mr. President, I rise in sources, had a per capita income of I will, therefore, vote to table this strong support of the Thompson- $1,560 a year. China’s was $188. Today, amendment. I urge my colleagues to do Torricelli amendment. This amend- Taiwan has a $13,000 per capita income, the same. I yield the floor. ment will give us more of a chance to while China’s is just $790. The PRESIDING OFFICER. The Sen- hold the People’s Republic of China, or But the good news is that fifty-two ator from West Virginia. any nation, accountable for prolifer- years later, China wants to reverse the Mr. BYRD. Mr. President, I ask unan- ating weapons of mass destruction and terrible decision she made back then, imous consent that at the end of the the means to deliver them. and re-enter the world of trade. China list of speakers my name be placed This amendment would not have been is turning away from the dark side. next in order to speak not to exceed 15 necessary had this administration She is back knocking on the door. Now minutes in opposition to the motion to shown effective leadership in non- the question is, Are we going to slam table. proliferation policy. When the adminis- the door in their face? Mr. ROTH. Reserving the right to ob- tration sat down with China last year I say no. Trade promotes freedom. If ject, I must say we have agreed that we to negotiate an agreement on China’s you are concerned about workers would have the vote at quarter of 2. If admission to the World Trade Organi- rights in China, do you believe that there is any time left that I have allot- zation, that was an extraordinary op- workers will have more rights in a ted, I will yield it. It looks to me as if portunity to discuss China’s weapons growing private sector, where they can I am not going to have any time. proliferation practices. It was a once in Mr. BYRD. I wouldn’t want to take work for somebody other than the Gov- a lifetime opportunity to insist that ernment? I don’t see how you can help away the Senator’s time. Mr. ROTH. I ask the distinguished China change its ways on proliferation but believe that. And if you believe it, once and for all and advance the secu- then you are going to be for normal Senator—I regret the situation has de- veloped this way, but we have a num- rity of all nations. trade relations with China. If you want That opportunity, sadly, was lost. political and religious freedom in ber of Senators who are leaving so we The bilateral agreement reached be- China, then give people economic free- have fixed a time for the vote specifi- tween China and the United States last dom, which ultimately promotes polit- cally at quarter of 2. November is the price China has to pay Mr. BYRD. Mr. President, I didn’t ical freedom, as we have seen in Korea for our Nation to agree to PNTR and know anything about that agreement and in Taiwan. Developing economic China’s admission into the WTO. So until I heard it put and accepted. growth in China, so that people have a the fundamental question is this: Have Mr. ROTH. I have to object to the re- stake in economic freedom, will ulti- we imposed a high enough price on the quest, with all due deference. mately produce a demand on their part Mr. BYRD. I know the Senator re- Chinese Government? Sadly, I think for political freedom. And in the proc- grets doing that. the answer is clearly no. ess they will begin to change China. Mr. ROTH. I object. Yes, the bilateral agreement argu- The Thompson amendment is legisla- The PRESIDING OFFICER. Objec- ably is a good economic document for tion that needs dramatic changes. If we tion is heard. both countries. However, it is by no don’t table this amendment, it is not The Senator from West Virginia. means an acceptable document for our going to be adopted. We are going to Mr. BYRD. I will ask for a quorum own national security. If we are going offer amendments to it. I would be per- before the vote that will take longer to sacrifice our annual review of nor- fectly happy to see this amendment than 15 minutes. I am entitled to that. mal trade relations with China, then brought up as a freestanding bill, but I Mr. ROTH. Parliamentary inquiry: Is our next President and the next Con- want the opportunity to debate it and that correct? gress must have new tools in place to to amend it. Senator THOMPSON wants The PRESIDING OFFICER. A pursue our national security objec- to have a vote on his legislation, but he quorum call is in order before the vote. tives.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8466 CONGRESSIONAL RECORD — SENATE September 13, 2000 It is that simple. And that is why we I be recognized in order to make a mo- supercede our national security policy. need to adopt the Thompson amend- tion to table. The lessons learned from the Cox Com- ment. The PRESIDING OFFICER. Is there mission were clear: foreign policy and As my colleagues know, China is a objection? The Senator from Ohio. national security policy must drive signator of the Nuclear Non-Prolifera- Mr. DEWINE. Mr. President, I will trade policy and not the other way tion Treaty. Article VI of that treaty certainly not object, but I just add to around. states that nuclear powers are to: that, if I can have 2 additional minutes I ask my colleagues: Have we asked . . . pursue negotiations in good faith on to finish my comments and we can enough of China? Has this administra- effective measures relating to cessation of then proceed? tion done enough to advance our for- the nuclear arms race at an early date.... Mr. ROTH. Unfortunately, we are in eign affairs with China? I believe the No nation has violated that specific a very tight timeframe. I respectfully answer to both is a resounding ‘‘no.’’ article in the NPT more egregiously, ask the Senator from Ohio to please The Thompson-Torricelli amendment more openly, and more willingly in the comply. We must proceed. I have tried gives the Senate a chance to insist on last decade than the People’s Republic to satisfy everybody. I ask him not to more from China and more from this of China. That is the truth. proceed. administration. If both China and fu- In Asia and the Middle East, our Na- Mr. DEWINE. I certainly will not ob- ture administrations are going to take tion and China hold two fundamentally ject to the request of the chairman of this Senate seriously as a clear and different visions of the future direction the committee. I have enough respect strong voice in our national security of these two regions. Right now, China for my colleague, if that is what my policy, we should stand together to has used its expertise in nuclear and colleague thinks is absolutely nec- support this amendment. missile technology to effectively ad- essary to not object. I thank my colleagues, I thank my vance their interests and destabilize Mr. THOMPSON. Mr. President, we colleague from Tennessee, and I yield the region. also had a unanimous consent for an the floor. For example, at the beginning of the additional, I think, 5 minutes that was The PRESIDING OFFICER. The Sen- last decade, Pakistan possessed a very allotted to me. I think the Senator ator from West Virginia is recognized. modest nuclear weapons program infe- from Ohio should be given at least an Mr. BYRD. Mr. President, I rise rior to India’s. additional 2 minutes, if that is the today to congratulate Senator FRED That was then. Now the balance of case. I certainly agree Senator BYRD THOMPSON and Senator TORRICELLI. nuclear power has shifted, and it is a should be given some time. There is no They are speaking the people’s lan- far more different and far more dan- reason why we cannot work this out. guage. They are talking plain, com- gerous region today. Mr. ROTH. Let me say to the distin- monsense. They are right in offering In the Middle East, it is the same guished Senator, I am yielding my 5 this amendment. story. News reports have documented minutes. I am not speaking. Senator THOMPSON is asking that we China’s contributions to Iran’s nuclear Mr. THOMPSON. I am not speaking in this Senate pay attention to the na- development, and ballistic and cruise either, and I will yield the remainder of tional security concerns of this Nation, missile programs, including anti-ship my time after the Senator from Ohio is asking that we put national security missiles that are a threat to our naval finished. I will yield the remainder of ahead of greed. What is wrong with presence and commercial shipping in any time I have. that? He is asking that we put the na- the Persian Gulf. And published news Mr. ROTH. All right. We will let the tional security of the United States of reports say a CIA report issued last Senator from Ohio have—what is it, 2 America ahead of election-year poli- month confirmed that Chinese Govern- minutes? tics. ment multinationals are assisting the Mr. THOMPSON. Yes. What is the matter with this Senate? Libyan Government in building a more The PRESIDING OFFICER. Is there Can we not see the handwriting on the advanced missile program. objection to the modified request? wall? China certainly does not see our Gov- Without objection, it is so ordered. The proliferation of weapons of mass ernment as a serious enforcer of non- Mr. DEWINE. Mr. President, we can destruction—nuclear weapons, ballistic proliferation policy—and why should make up for this lost opportunity by missiles, chemical weapons, biological they? As a result, weapons of mass de- passing this amendment. It is vitally weapons—is a growing menace to world struction are in far more questionable important, I believe, that we do this stability. Can we not see that? The ac- hands and the world is a far more dan- and we move forward. quisition of nuclear weapons by such gerous place. This amendment is not just about rogue nations as North Korea, Iran, The high priority China placed on holding other nations accountable as and Iraq is the driving force behind the WTO membership certainly presented proliferators, it is also about holding costly and complicated effort by the our Government with an opportunity our President accountable as the United States to deploy a national mis- to reassert its nonproliferation creden- world’s principal nonproliferation en- sile defense system. Can we not see tials. forcer. that? The PRESIDING OFFICER. The time With this amendment, Congress The proliferation of weapons of mass of the Senator has expired. would receive a comprehensive report destruction is forcing the nations of Mr. DEWINE. I ask for 1 additional each year from the President about the the world, including the United States, minute. proliferation practices of other na- to reevaluate their own national secu- The PRESIDING OFFICER. Is there tions. This report would require com- rity and to confront once again the objection? prehensive information on prolifera- nightmarish possibility of nuclear war. Mr. ROTH. I object. tion practices, how these acts threaten Can we not see that? Mr. MOYNIHAN. I object. our national security, and what actions The main perpetrators behind the The PRESIDING OFFICER. Objec- are being taken by the President in re- spread of weapons of mass destruction tion is heard. Under the previous order, sponse to these violations. are China, Russia, and North Korea. the Senator from Delaware is to be rec- This reporting requirement will pre- According to the Central Intelligence ognized. vent future administrations from re- Agency, in a report to Congress re- Mr. THOMPSON. Mr. President, did I peating the approach taken by the cur- leased last month, this unholy trinity not have additional time? rent administration, which ran and hid of proliferators were the key contribu- Mr. ROTH. No, the vote is set for 1:45. from our nonproliferation laws and re- tors to the pipeline of ballistic missile But, we are trying to work this out. sponsibilities. related supplies and assistance going The PRESIDING OFFICER. The vote The amendment of the Senator from into the Middle East, South Asia, and was to occur at 1:45. Tennessee would dramatically improve North Africa. Mr. DEWINE addressed the Chair. the PNTR legislation. I say this be- It seems ludicrous to me that we Mr. ROTH. I ask consent Senator cause PNTR is not just about trade—it would even consider standing here and BYRD now be recognized for up to 10 is about U.S. foreign policy. We cannot debating the merits of extending Per- minutes and, following those remarks, let our trade policy with China manent Normal Trade Relations status

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8467 to the People’s Republic of China with- the president of the Chamber of Com- son’s amendment on Wednesday or Thurs- out addressing the issue of China’s merce or Cabinet members of the Clin- day. Final passage of the overall bill, which leading role in the proliferation of ton administration or the President has overwhelming support, could occur as early as Friday or as late as next Tuesday. weapons of mass destruction. The himself as they dial for dollars and for China will enter the W.T.O. no matter how Thompson-Torricelli amendment, of votes. Those of us who refuse to roll the Senate votes. But without Congress’s which I am a cosponsor, is essential to over like good dogs just don’t get it. blessing, Beijing could withhold some of the tightening our scrutiny of and control We know that the fix is in on this trade benefits, including lower tariffs, from over the illegitimate trafficking in fight, but we just keep slugging any- the American farmers and companies that it weapons of mass destruction by Chi- way. Maybe we will land a good punch will extend to other members in the trade nese entities. or two if we fight on. Maybe the powers group. What weak dishwater is the excuse Thomas J. Donohue, president of the that be in China will notice there were United States Chamber of Commerce, that we cannot add anything to the some in the Senate who refused to le- warned of retribution against senators who House-passed bill that would force a gitimize China’s outrageous disregard support the Thompson-Torricelli measure. conference that might make some for the safety of the world by handing ‘‘Should this vote get tangled up in the members of the House uncomfortable. them the trophy of PNTR. Thank God politics of nuclear proliferation and other What a sorry spectacle is a Senate for the likes of Senator PAUL amendments to the extent that it might not completely cowed by the possibility WELLSTONE, Senator FRED THOMPSON, be passed,’’ Mr. Donohue said, ‘‘I think that would have a very serious political implica- that we might upset the Chinese if we Senator FRITZ HOLLINGS, and Senator tion for those who were a party to that ac- add this provision. BOB TORRICELLI, and the 33 brave tion.’’ What a travesty that the Secretary souls—33 brave souls, I want you to Senators easily dispatched several other of Defense is reported to be calling know—who dared to vote with me on a amendments today, including those on pris- Senators to oppose an amendment that couple of modest amendments to this on labor and human rights in China, as well puts the Chinese on notice about their ill-advised trade bill. I thank them. as subsidies from Beijing to Chinese compa- egregious actions regarding the pro- I believe the American people know nies. But on the floor and in news con- liferation of weapons of mass destruc- what we are trying to do, and I believe ferences, the focus was on the Thompson- tion—weapons that threaten the safety they will put patriotism over pan- Torricelli amendment. ‘‘This is the vote on P.N.T.R.,’’ Senator Max Baucus, Democrat of of the planet. dering for profit any day. Montana said as he used the bill’s abbrevia- I care nothing about a President’s I ask unanimous consent to print in tion. legacy if this is the price. I care noth- the RECORD an item from the New York Senator Tom Daschle of South Dakota, the ing about profits for multinational Times titled ‘‘Wavering Senators Feel- Democratic leader, stated that opponents companies if this is the price. ing Pressure on China Trade Bill.’’ I ‘‘have the votes to defeat Senator Thomp- I took an oath to defend the Con- will have more to say about that later. son’s amendment.’’ stitution of the Unites States against There being no objection, the mate- Even Mr. Thompson acknowledged that he rial was ordered to be printed in the faced an uphill battle. ‘‘We’ve always known all enemies, foreign and domestic, and it was going to be a tough vote,’’ Mr. Thomp- so did every other member of this body. RECORD, as follows: son told reporters. ‘‘A lot of people are say- Are we to tear up that oath for the [From the New York Times, Sept. 13, 2000] ing they would like to vote for it. But since election-year politics and greed? WAVERING SENATORS FEELING PRESSURE ON it is on P.N.T.R., they’re afraid it will com- Do we think that the American peo- CHINA TRADE BILL plicate P.N.T.R.’’ ple are watching this debate with pride (By Eric Schmitt) Supporters said the measure was necessary today? Do we think the American peo- WASHINGTON, SEPT. 12.—Corporate leaders to clamp down on Chinese exports of sophis- ple are willing to auction off this Na- and several of President Clinton’s cabinet of- ticated weaponry to Iran, Libya, North Korea and Pakistan. tion’s security interests for the low bid ficers intensified pressure today on wavering senators to reject an amendment that could ‘‘What is especially troubling about the of a Chinese promise to reduce tariffs? Chinese activities is that this sensitive as- China’s string of broken promises is jeopardize passage this year of a trade bill with China. sistance is going to the most dangerous na- longer than its Great Wall. As the Senate girds for a crucial vote on tions in the most volatile areas of the We are talking here about the wan- the measure this week, supporters of legisla- world,’’ said Mr. Torricelli. ton export of nuclear weapons, of tion to establish permanent normal trading Backers of the amendment scoffed at fears chemical weapons, of biological weap- relations with China are pressing for a bill that amending the bill would doom the larg- er bill this year. ‘‘To say we cannot amend a ons and of long-range missiles. And free of amendments. Those supporters say there is not enough time before Election Day bill that has been passed by the House would what do we hear as a defense against be the height of irresponsibility,’’ said Sen- addressing such dangerous and diaboli- to reconcile an amended Senate bill with the version that the House passed in May. ator Kay Bailey Hutchison, Republican of cal behavior? We hear the tepid, water- At a White House meeting with Congres- Texas. logged response that such action we sional leaders today, Mr. Clinton urged But amendment critics, including farm- might take would endanger passage of speedy approval of an unamended bill. The state Republicans, said it was senseless to this trade bill. measure is one of his top remaining foreign jeopardize a trade bill that would lower bar- I have been in legislative bodies for policy goals and a necessary step for Amer- riers to China’s vast markets. ‘‘Approval for this bill will keep the United States eco- 54 years, Mr. President. This is the ican companies to benefit fully from a deal reached last year by the United States and nomically and diplomatically engaged with first time I have ever seen anything one-fifth of the world’s population,’’ said such as this. When I was in the House China that paves the way for China’s entry into the World Trade Organization. That 135- Senator Pat Roberts, Republican of Kansas. of Delegates in West Virginia, I ob- member trade group sets rules for global ‘‘I cannot support a redundant and counter- jected to being bound by a caucus, and commerce. productive amendment that would effec- I have never yet intended to be bound At issue is an amendment sponsored by tively kill this legislation.’’ by any cabal or any commitment that, Senators Fred Thompson, Republican of Ten- Mr. BYRD. Mr. President, I close by regardless of what the merits may be nessee, and Robert G. Torricelli, Democrat of thanking Senator ROTH, Senator MOY- on a given amendment, we will vote New Jersey, that would impose sanctions on NIHAN, and other Senators who have against it. I have never seen that hap- Chinese companies if they were caught ex- been so considerate and courteous. I porting nuclear, chemical or biological weap- yield the floor. pen. I have never been one to believe in ons or long-range missiles. that approach. Defense Secretary William S. Cohen; Mr. ROTH. Mr. President, I spoke at I say to my friend from South Caro- Treasury Secretary Lawrence H. Summers; length about my opposition to the lina, Senator HOLLINGS, the world’s Mr. Clinton’s national security adviser, Sam- Thompson amendment on Monday. But greatest deliberative body is quaking uel R. Berger; and the United States trade I want to briefly reiterate that I be- and wringing its hands over an amend- representative, Charlene Barshefsky, began lieve this amendment, while well-in- ment that would send a shot over the telephoning senators today, arguing that the tentioned, is seriously flawed. In par- bow of the rogue elephant behavior of amendment would not only imperil the trade ticular, this legislation relies on uni- bill, but would also actually hamper Amer- lateral sanctions that are too widely the Chinese. ican efforts to combat the spread of sophisti- We tremble at the thought of Chinese cated weaponry. drawn and too loosely conceived to displeasure. Our lips quiver at the Senate aides negotiated the timing of prove effective in countering prolifera- thought of displeasing big business or votes. Senators could take up Mr. Thomp- tion. In a global economy, shutting off

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8468 CONGRESSIONAL RECORD — SENATE September 13, 2000 Chinese and Russian access to Amer- exercise of the President’s prosecu- my colleague and friend from North ican goods, agricultural and capital torial discretion. Carolina is to be recognized to offer an markets will not change Chinese or Proliferation is a matter of vital na- amendment at this juncture. I have Russian behavior. Indeed, such actions tional interest. I applaud my friend had a brief discussion with my col- would isolate the United States, not from Tennessee for raising this issue, league from North Carolina. I don’t China, giving our competitors an open and I hope he will continue his work in know whether I need to ask unanimous road to the world’s biggest nation and this critical area next year, when I consent to proceed for 5 minutes prior fastest-growing market. hope we can come to agreement on a to Senator HELMS being recognized or And make no mistake about it: measure that will gain the support of not in order to achieve that result. though there have been changes to the an overwhelming majority of this May I inquire what is the parliamen- bill to reduce the impact on farmers, Chamber. But I must urge all my col- tary situation? virtually every member of the farming leagues to join me in opposing the The PRESIDING OFFICER. Recogni- community—from the Alabama Farm- Thompson amendment. tion of the Senator from North Caro- ers Federation to the National Chicken Mr. President, I move to table the lina is to occur at 2:30. The Senator Council—has said in a letter that they Thompson amendment No. 4132, and I from Connecticut has the floor. are absolutely against the Thompson ask for the yeas and nays. Mr. DODD. I thank the Chair. amendment. Moreover, for the first The PRESIDING OFFICER. Is there a Mrs. HUTCHISON. Will the Senator time, U.S. securities markets will be sufficient second? yield for a question? used as a sanctioning tool. That’s why There is a sufficient second. Mr. DODD. I am happy to yield. Alan Greenspan opposes this legisla- The question is on agreeing to the Mrs. HUTCHISON. Does the Senator tion. motion. The clerk will call the roll. from Connecticut need the full 10 min- The unilateral sanctions in this The legislative clerk called the roll. utes? I wanted to speak for a few min- amendment are also indiscriminate in Mr. NICKLES. I announce that the utes as in morning business if he didn’t their application and could be applied Senator from Washington (Mr. GORTON) need it all. to some of our closest allies, such as is necessarily absent. Mr. DODD. If the Chair will inform Germany, the United Kingdom, Italy, Mr. REID. I announce that the Sen- the Senator from Connecticut when 8 and France. Surely such actions will ator from Hawaii (Mr. AKAKA) and the minutes have transpired, I will leave a make future multilateral coopera- Senator from Connecticut (Mr. LIEBER- couple minutes for my friend from tion—which is absolutely essential to MAN) are necessarily absent. Texas. solving proliferation problems—far The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- more difficult. Another problem with GREGG). Are there any other Senators ator from Connecticut is recognized. this amendment is that even though in the Chamber desiring to vote? Mr. DODD. Mr. President, I intended the President is theoretically able to The result was announced—yeas 65, to offer these remarks prior to the con- waive sanctions, Congress gains the nays 32, as follows: sideration of the Thompson-Torricelli power to overturn the President’s [Rollcall Vote No. 242 Leg.] amendment, but time did not permit it. I am pleased with the outcome of the waiver through a procedure exactly the YEAS—65 same as the counterproductive one we vote in this Chamber regarding the Allard Durbin Lincoln Thompson amendment. I do regret, in a currently use in annually renewing Baucus Edwards Lugar normal trade relations with China. Bayh Enzi Mack sense, that we had to take the vote. I In addition, the evidentiary standard Bennett Feinstein Miller am concerned that the powers that be used to trigger sanctions, one of ‘‘cred- Biden Fitzgerald Moynihan in the People’s Republic of China, or Bingaman Graham ible information,’’ is too low. Surely, Murkowski elsewhere, may misread the vote as Bond Gramm Murray critical national security actions Boxer Grams Nickles somehow rejection of our concern on Breaux Grassley should be based on a higher standard, Reed the issue of nuclear proliferation. Brownback Hagel Reid especially when they are could very Bryan Harkin Nothing could be further from the Robb well be applied to our closest allies. It Burns Hatch truth. This vote that occurred is obvi- also appears that the Thompson Campbell Inouye Roberts ously one where most of us felt very Rockefeller amendment could have a disastrous ef- Chafee, L. Jeffords deeply that the underlying agreement Cleland Johnson Roth fect on our Cooperative Threat Reduc- Cochran Kennedy Schumer is of critical importance, as is the sub- tion Program—better known as the Craig Kerrey Smith (OR) ject matter of the amendment offered Nunn-Lugar Program—with Russia and Crapo Kerry Stevens by our friends and colleagues from Ten- Daschle Landrieu Thomas Russian entities. Dodd Lautenberg Voinovich nessee and New Jersey. But it is the Section 4 of the Thompson amend- Domenici Leahy Warner strong view of many of us that this was ment contains language that would ban Dorgan Levin Wyden an unrelated matter and the amend- Nunn-Lugar assistance to any Russian NAYS—32 ment, as drawn, was flawed in several entity identified in the report required Abraham Hollings Sarbanes respects. by the amendment of the President. Ashcroft Hutchinson Sessions Specifically, the amendment called And so this amendment could actually Bunning Hutchison Shelby for the imposition of unilateral sanc- have the perverse effect of decreasing Byrd Inhofe Smith (NH) tions against the People’s Republic of Collins Kohl Snowe our ability to stem proliferation prob- Conrad Kyl China, Russia, and North Korea for lems in Russia. The Thompson amend- Specter DeWine Lott Thompson past and prospective proliferation ac- ment also raises serious constitutional Feingold McCain Thurmond tivities. Although the amendment did Frist McConnell concerns. For example, Congress’ dis- Torricelli give the President the authority to Gregg Mikulski Wellstone approval of the President’s determina- Helms Santorum waive these sanctions under certain tion could result in severe sanctions circumstances, it also provides for the NOT VOTING—3 against persons for actions that were congressional challenge of the Presi- perfectly legal when taken. The ex post Akaka Gorton Lieberman dent’s use of that authority under ex- facto effect raises serious due process The motion was agreed to. pedited procedures. Clearly, the issue questions. The standard of proof, which Mr. ROTH. Mr. President, I move to the sponsors sought to address in this could result in sanctions against indi- reconsider the vote. amendment is a deeply serious one, vidual U.S. citizens based on sus- Mr. MOYNIHAN. I move to lay that with significant national security and picions, rather than proof, raises sepa- motion on the table. foreign policy implications. rate due process concerns. The congres- The motion to lay on the table was I, for one, would not attempt to stand sional disapproval procedures raise sep- agreed to. here and argue that the People’s Re- aration of powers problems. In revers- The PRESIDING OFFICER. The Sen- public of China, or North Korea, or ing the President’s determinations re- ator from Connecticut. Russia, or several other nations for garding sanctions, Congress will, in ef- Mr. DODD. Mr. President, parliamen- that matter, have always steadfastly fect, implicitly be second-guessing the tary inquiry: I think under the order, adhered to the international standards

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8469 set forth in the existing multilateral or could hurt, our foreign policy, eco- them—several of us have highlighted nonproliferation agreements and arms nomic, and technological interests. We the abhorrent human rights record of control regimes. Nor would I suggest must ensure that only those who traf- the Communist Chinese Government. that China does not have the same ob- fic in arms are affected by those sanc- China’s practice of forcing its women ligations that every other nation has tions. citizens to submit to abortions and/or to ensure that its exports of sensitive Proliferation is a very delicate and sterilization—usually both—is not only nuclear weapons-related technology to complex issue that affects our eco- revolting; it is shameful, because it is a North Korea, Iran, Libya, and other nomic and foreign policy agendas. En- practice that has been repeatedly docu- states seeking to acquire such dan- suring the fullest cooperation of all the mented for 20 years now. In fact, the gerous weapons capability cease to major participants in this sector is by most recent State Department Human occur. its very nature a dynamic process with Rights Report on China contains a de- I do wonder, however, whether the significant diplomatic ramifications. tailed account of the cruel, coercive underlying legislation is the appro- Attempting to legislate the mechanics measures used by Chinese officials, priate place to be having a debate of this effort is akin to attempting to such as forced abortion, forced steri- about an issue that is, after all, a glob- perform brain surgery with a hacksaw, lization, and detention of those who al problem that goes well beyond our in my view. even dare to resist this inhumane trade relations with one nation. China has problems—serious ones— treatment. Nor is the is problem likely to be with proliferation. Nobody here is My pending amendment proposes to solved by our simply legislating sanc- going to claim that China is a benevo- put the Senate on record as con- tions against one country or another. lent democracy, and I am sure we all demning the Chinese dictatorship’s This is a multilateral problem that agree that there is much China must barbaric treatment of its own people. isn’t going to be contained without do to meet the standards we expect of Although the Politburo of the Chi- meaningful cooperation and the in- civilized nations who are going to join nese Communist Party officially says— volvement of all nations with a stake the World Trade Organization. Yet, I and I say absurdly says, and they say in containing the spread of nuclear also believe we should recognize that it—that forced abortion has no role in weapons and other weapons of mass de- there has been some positive move- China’s population control, it is, to the struction. ment in this area. contrary, a known fact that the Chi- I am also fearful that whichever way Recent efforts at U.S. engagement nese Government does indeed, abso- the vote turned out—and in this case it have resulted in China joining a num- lutely, and without question, force was defeated—it will be misinterpreted ber of major multilateral arms control women to submit to forced abortion by those who want to believe that the regimes in assisting us to defuse a nu- and to sterilization. Communist Chi- U.S., and specifically the U.S. Senate, clear crisis on the Korean peninsula, nese authorities strictly enforce birth does not care about the issue of nuclear and in participating constructively in quotas imposed on its citizens. They proliferation, and therefore potential international efforts to contain the es- pay rewards to informants tattling on proliferators are free to do whatever calating arms race between India and the women for having more than one they want. Pakistan. child while making certain that local I don’t believe that is an accurate How can we build on that progress? population control officials using coer- nor wise message to be sending. Nor do Are we going to do it by denying China cion are left absolutely unrestrained in I think it serves to further inter- PNTR or mandating the imposition of the way they conduct themselves. national nuclear nonproliferation co- unilateral sanctions? Surely, there has For example, I have in hand reports operation. to be a better way to encourage addi- of this cruel situation from many Chi- As to the specifics of the amendment tional cooperation from Chinese au- nese citizens. I received this informa- just adopted, I am puzzled by how the thorities in this area. tion in my capacity as chairman of the sponsors have chosen to approach what I respectfully suggest that the Senate Foreign Relations Committee. is, after all, a global problem. They Thompson amendment should not be These citizens have witnessed firsthand have chosen to single out three coun- misinterpreted because, as important countless episodes of this bloody cru- tries—China, Russia, and North as it is, it would be misguided, in my elty. A defector from China’s popu- Korea—for their participation in pro- view, to include it as was attempted in lation control program testified before liferation activities, while effectively this particular legislation. There is a a House International Relations Com- ignoring similar actions taken by other far greater chance that we are going to mittee hearing in June a couple of smaller nations. The list is much larg- get the kind of cooperation as a result years ago that the Central Government er than those three nations. Any action of China being a part of the World policy in China strongly encourages taken should be global in its focus. Trade Organization than isolating local officials to use every conceivable I also don’t understand why our ex- them further. coercive tactic in enforcing the one- isting nuclear nonproliferation laws I hope we will have another oppor- child policy. They have described to me don’t provide at least what I believe for tunity to address the proliferation in person the results of women crying the time being sufficient authority to issue. It is one that needs to be ad- and begging for mercy simply because the President to respond accordingly to dressed. This would have been the they were prepared to deliver a child. violations of international non- wrong place. Furthermore, Communist China’s proliferation standards by China or any (The remarks of Mrs. HUTCHISON are population control officials routinely other potential exporter. located in today’s RECORD under punish women who have conceived a These laws include: the Arms Control ‘‘Morning Business.’’) child without Government authoriza- and Disarmament Act, Arms Export The PRESIDING OFFICER. Under tion. They subject the women to ex- Control Act, International Emergency the previous order, the Senator from treme psychological pressures, enor- Economic Powers Act, Export Adminis- North Carolina is recognized. mous fines which they can’t possibly tration Act, Chemical and Biological Mr. HELMS. Mr. President, I ask pay, along with the loss of their jobs, Weapons Control Elimination Act, unanimous consent that it be in order and with all sorts of other physical Iran-Iraq Nonproliferation Act, Nu- for me to deliver my remarks seated at threats. clear Proliferation Prevention Act, and my desk. If women in China dare to resist the the Iran Proliferation Act of 2000. The PRESIDING OFFICER. Without population control policy on religious These laws cover a full range of dan- objection, it is so ordered. grounds, they have to confront espe- gerous proliferation activities. Mr. HELMS. I thank the Chair. cially gruesome punishment. Amnesty The mechanics of the amendment AMENDMENT NO. 4128 International reported to us, and pub- just rejected also gave me great pause. Mr. HELMS. Mr. President, during licly, that Catholic women in two vil- The low evidentiary standards in the the course of the Senate’s consider- lages were subjected to torture, to sex- amendment could automatically trig- ation of handing China the permanent ual abuse, and to the detention of their ger a number of mandatory unilateral most favored nation status—that is relatives for daring to resist China’s sanctions that would ultimately hurt, what it amounts to; just giving it to population program.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8470 CONGRESSIONAL RECORD — SENATE September 13, 2000 Very credible reports indicate that if At the end of the bill, insert the following: Mr. HELMS. Mr. President, I simply ‘‘these’’ methods aren’t enough to con- SEC. 702. SENSE OF CONGRESS REGARDING want to inquire about how much time vince women in China to abide by the FORCED ABORTIONS IN CHINA. I have remaining on my side. (a) FINDINGS.—Congress makes the fol- regime’s population control program, lowing findings: The PRESIDING OFFICER. The Sen- forced abortions are carried out pub- (1) Forced abortion was rightly denounced ator has 21 minutes. licly in the very late stages of preg- as a crime against humanity by the Nurem- Mr. HELMS. I thank the Chair. I nancy. berg War Crimes Tribunal. yield the floor. I think it was back in 1994 when it (2) For more than 18 years there have been The PRESIDING OFFICER. The Sen- began. Since that time, forced abortion frequent, consistent, and credible reports of ator from Delaware. has been used in Communist China not forced abortion and forced sterilization in Mr. ROTH. Mr. President, I suggest only to regulate the number of children the People’s Republic of China. These reports the absence of a quorum. indicate the following: born but under the policy known as the (A) Although it is the stated position of The PRESIDING OFFICER. The ‘‘Natal and Health Care Law,’’ preg- the politburo of the Chinese Communist clerk will call the roll. nancies are terminated on a mandatory Party that forced abortion has no role in the The assistant legislative clerk pro- basis if a Government bureaucrat arbi- population control program, in fact the Com- ceeded to call the roll. trarily declares that an unborn child is munist Chinese Government encourages Mr. HELMS. Mr. President, I ask defective. Nobody checks on him. He forced abortion and forced sterilization unanimous consent that the order for doesn’t have to present any evidence. through a combination of strictly enforced the quorum call be rescinded. birth quotas, rewards for informants, and The PRESIDING OFFICER. Without He just says the child is defective. That impunity for local population control offi- is it. cials who engage in coercion. objection, it is so ordered. I believe it is common knowledge (B) A recent defector from the population Mr. HELMS. Mr. President, I ask that I am a resolute defender of the control program, testifying at a congres- unanimous consent it be in order for sanctity of life. I have tried to do that sional hearing on June 10, 1998, made clear me to request and to receive a rollcall ever since I have been a Senator, and that central government policy in China on the pending amendment. prior to that time. But the pending strongly encourages local officials to use co- Mr. ROTH. Reserving the right to ob- ercive methods. ject, I think the hope is that we will amendment is not merely about life; it (C) Population control officials of the Peo- seems to me it is about liberty. Bu- ple’s Republic of China, in cooperation with set the vote aside and have several reaucrats terrorizing women into un- employers and works unit officials, routinely votes later. wanted abortions or medical operations monitor women’s menstrual cycles and sub- Mr. HELMS. Do I have the floor? permanently depriving them of their ject women who conceive without govern- The PRESIDING OFFICER. The Sen- capability to have children, it seems to ment authorization to extreme psychological ator from North Carolina has the floor. me, is the ultimate appalling affront to pressure, to harsh economic sanctions, in- Mr. HELMS. I say to the distin- freedom. cluding unpayable fines and loss of employ- guished chairman that I am aware of ment, and often to physical punishment. that and I favor it. However, I do want My pending amendment urges the (D) Especially harsh punishments have President to ask the Chinese Govern- been inflicted on those whose resistance is to get the yeas and nays on my amend- ment to stop this ungodly practice. My motivated by religion. According to a 1995 ment. The scheduling of a whole series amendment also calls on the President Amnesty International report, the Catholic of amendments suits me just fine. to urge the Chinese Government to inhabitants of 2 villages in Hebei Province Mr. ROTH. We join the Senator in stop putting Chinese women in jail were subjected to enforcement measures in- asking for the yeas and nays. whose crime is resisting abortion of a cluding torture, sexual abuse, and the deten- The PRESIDING OFFICER. Is there a tion of resisters’ relatives as hostages. child or sterilization. sufficient second? (E) Forced abortions in Communist China There is a sufficient second. I think this is a modest measure. It often have taken place in the very late doesn’t condition PNTR on China’s stages of pregnancy, including numerous ex- The yeas and nays were ordered. Government changing its abhorrent be- amples of actual infanticide. Mr. HELMS. I thank the Chair. havior. It simply asks the President of (F) Since 1994 forced abortion has been The PRESIDING OFFICER. The Sen- the United States to say to the Chinese used in Communist China not only to regu- ator from Delaware. that we want to defend the rights of late the number of children, but also to de- Mr. ROTH. Mr. President, I rise in women in China and ask the Chinese stroy those who are regarded as defective be- opposition to this amendment. China’s cause of physical or mental disabilities in record on family planning and its use officials to see that that happens. accordance with the official eugenic policy The question that comes to my mind known as the ‘‘Natal and Health Care Law’’. of forced abortion is indefensible. The is, Can the Senate proceed to award (3) According to every annual State De- country’s policy violates the most fun- China with permanent trade privileges partment Country Report on Human Rights damental human rights. That is why while refusing to express our revulsion Practices for the People’s Republic of China the United States does not contribute at a basic violation of women’s free- since 1983, Chinese officials have used coer- funds directly or indirectly to China’s dom? cive measures such as forced abortion, forced family planning programs. The amendment I shall propose and sterilization, and detention of resisters. My good friend and distinguished col- (b) SENSE OF CONGRESS.—It is the sense of call up in just a moment will not at all Congress that— league from North Carolina is to be endanger passage of PNTR. We need (1) the President should urge the People’s commended for bringing the matter of not worry about that. I don’t think Republic of China to cease its forced abor- Chinese forced abortions to our atten- PNTR ought to be approved at this tion and forced sterilization policies and tion. I do not oppose his amendment on time. But this amendment will not for- practices; and its merits. I only oppose it as an bid or do any danger to the enactment (2) the President should urge the People’s amendment to H.R. 4444. of PNTR. It will simply be a matter of Republic of China to cease its detention of As I said, if PNTR is amended, a con- those who resist abortion or sterilization. the Senate doing and saying the right ference and another round of votes on thing before it happens. Mr. HELMS. I thank the clerk. I H.R. 4444 will be necessary, likely de- thank the Chair. AMENDMENT NO. 4128 stroying any chance for PNTR. There- I ask for the yeas and nays. I don’t fore, I must ask that my colleagues (Purpose: To express the Sense of Congress believe I will be able to get them at join me in voting against this amend- regarding forced abortions in the People’s this moment. Republic of China) I suggest the absence of a quorum. ment. Mr. HELMS. Mr. President, I now The PRESIDING OFFICER. The The PRESIDING OFFICER. If no one call up amendment No. 4128. clerk will call the roll. yields time, time will be equally The PRESIDING OFFICER. The The assistant legislative clerk pro- charged on both sides. clerk will report. ceeded to call the roll. Mr. HELMS. Mr. President, we have The assistant legislative clerk read Mr. HELMS. Mr. President, I ask a Senator on the way to the Chamber as follows: unanimous consent that the order for to speak on the pending amendment. I The Senator from North Carolina (Mr. the quorum call be rescinded. suggest, to save time, the pending HELMS) proposes an amendment numbered The PRESIDING OFFICER. Without amendment be laid aside temporarily 4128: objection, it is so ordered. so I can call up a second amendment.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8471 The PRESIDING OFFICER. Is the (8) At the forum banquet, Chinese Premier ical change in China, and the only way Senator making a unanimous consent Zhu Rongji lashed out at the United States we can help that desired achievement request? for defending Taiwan. is to do as the amendment proposes. Mr. HELMS. Mr. President, I ask (9) On June 5, 2000, China’s number two phone company, Unicom, broke an agree- I have always been skeptical about unanimous consent—and I hope every- ment with the Qualcomm Corporation by this because businesses are not in the one will agree to the unanimous con- confirming that it will not use mobile-phone business of expanding democracy. I am sent—to lay aside the pending amend- technology designed by Qualcomm for at not going to comment on what the ment. least 3 years, causing a sharp sell off of the businesses support in PNTR and the The PRESIDING OFFICER. Without United States company’s stock. (10) When the Taiwanese pop singer Ah- way it is being supported. Be that as it objection, it is so ordered. may, businesses exist, quite frankly, to Mr. HELMS. Mr. President, I wish to mei, who appeared in advertisements for Sprite in China, agreed to sing Taiwan’s na- make money. I certainly have no prob- renew my request that it be in order tional anthem at Taiwan’s May 20, 2000, pres- lem with that. But let’s be honest on for me to be seated during the presen- idential inauguration, Chinese authorities the process of what we are doing here tation of my remarks. immediately notified the Coca-Cola company in this Senate Chamber. American The PRESIDING OFFICER. Without that its Ah-mei Sprite ads would be banned. businesses, even if viewed in the most objection, it is so ordered. (11) The company’s director of media rela- tions said that the Coca-Cola Company was charitable light, are not likely to lift a AMENDMENT NO. 4123 ‘‘unhappy’’ about the ban, but ‘‘as a local finger to promote democracy in China. (Purpose: To require the Secretary of Com- business, would respect the authority of Unfortunately, it is difficult to view merce to consult with leaders of American local regulators and we will abide by their some of the American businesses chari- businesses to encourage them to adopt a decisions’’. tably when we examine their attitude code of conduct for doing business in the (12) In 1998, Apple Computer voluntarily re- People’s Republic of China) toward China. If I step on some toes moved images of the Dalai Lama from its here, I am sorry, but I believe I must Mr. HELMS. Mr. President, I call up ‘‘Think Different’’ ads in Hong Kong, stating have my say for the benefit of the Sen- amendment No. 4123 and ask it be stat- at the time that ‘‘where there are political ed. sensitivities, we did not want to offend any- ate. The PRESIDING OFFICER. The one’’. The powerful lure of potential huge clerk will report. (13) In 1997, the Massachusetts-based Inter- Chinese markets has obviously clouded net firm, Prodigy, landed an investment con- the judgment of some of our top com- The assistant legislative clerk read tract in China by agreeing to comply with as follows: China’s Internet rules which provide for cen- panies and some of their executives. The Senator from North Carolina [Mr. soring any political information deemed un- With regret, I have concluded that HELMS], proposes an amendment numbered acceptable to the Communist government. some of America’s top businesses have 4123. (b) SENSE OF SENATE.—It is the sense of been willing to supplicate to the Com- At the end of the bill, insert the following: Senate that in order for the presence of munist Government of China, hoping SEC. ll. CODE OF CONDUCT FOR BUSINESSES. United States businesses to truly foster po- that the Chinese Government will litical liberalization in China, those busi- (a) FINDINGS.—Congress makes the fol- nesses must conduct themselves in a manner allow them someday to make a profit lowing findings: there. (1) The Chief Executive of Viacom media that reflects basic American values of de- corporation told the Fortune Global Forum, mocracy, individual liberty, and justice. I want the Senate to consider the fol- (c) CONSULTATION REQUIRED.—Not later a gathering of hundreds of corporate leaders than 90 days after the date of enactment of lowing statements and actions by in Shanghai to celebrate the 50th anniver- this Act, the Secretary of Commerce shall American businesses in China, which sary of communism in China in September consult with American businesses that do are stated as findings in the pending 1999, that Western media groups ‘‘should business in, have significant trade with, or amendment: avoid being unnecessarily offensive to the invest in the People’s Republic of China, to Chinese government. We want to do business. encourage the businesses to adopt a vol- No. 1, the chief executive of Viacom We cannot succeed in China without being a untary code of conduct that— media corporation told the Fortune friend of the Chinese people and the Chinese (1) follows internationally recognized Global Forum, a September 1999 gath- government.’’. human rights principles, including freedom ering of hundreds of corporate leaders (2) The owner of Fox and Star TV networks of expression and democratic governance; in Shanghai gathered to celebrate—get has gained favor with the Chinese leadership (2) ensures that the employment of Chinese this—the 50th anniversary of com- in part by dropping programming and pub- citizens is not discriminatory in terms of lishing deals that offend the Communist munism in China—They gathered to sex, ethnic origin, or political belief; celebrate the fact that western media Government of China, including the book by (3) ensures that no convict, forced, or in- the last British Governor of Hong Kong. dentured labor is knowingly used; groups, ‘‘should avoid being unneces- (3) The Chief Executive of Time Warner, (4) supports the principle of a free market sarily offensive to the Chinese Govern- which owns the Fortune company that orga- economy and ownership of private property; ment.’’ nized the Global Forum, called Jiang Zemin (5) recognizes the rights of workers to free- No. 2, the owner of Fox and Star TV his ‘‘good friend’’ as he introduced Jiang to ly organize and bargain collectively; and make the keynote speech at the conference. (6) discourages mandatory political indoc- networks has repeatedly gained favor Jiang went on to threaten force against Tai- trination on business premises. with the Chinese leadership by drop- wan and to warn that comments by the West ping programming and publishing deals on China’s abysmal human rights record Mr. HELMS. Mr. President, the pend- ing amendment proposes that the Sec- that offend the Communist Govern- were not welcome. ment of China, including a book writ- (4) The Chief Executive of American Inter- retary of Commerce be requested to national Group was reported to be so effusive consult with American businesses on ten by the last British Governor of in his praise of China’s economic progress at drafting and adopting a voluntary code Hong Kong. the Global Forum that one Chinese official of conduct for doing business in China. No. 3, the Chief Executive of Amer- described his remarks as ‘‘not realistic’’. Such a voluntary code of conduct ican International Group was reported (5) The founder of Cable News Network, would follow internationally recog- one of the world’s richest men, told the Glob- to be so effusive in his praise of China’s al Forum that ‘‘I am a socialist at heart.’’. nized human rights, work against dis- economic progress at this global forum (6) During the Global Forum, Chinese lead- crimination and forced labor, support that one Communist Chinese official ers banned an issue of Time magazine (owned the principles of free enterprise and the described the remarks as ‘‘not real- by Time-Warner, the host of the Global rights of workers to organize, and dis- istic.’’ Forum) marking the 50th anniversary of courage mandatory political indoc- No. 4, the founder of CNN, one of the communism in China, because the issue in- trination in the workplace. cluded commentaries by dissidents Wei The purpose of this amendment is world’s wealthiest men, proudly told Jingsheng, Wang Dan, and the Dalai Lama. this: So often in this debate, the argu- the global forum, ‘‘I am a socialist at China also blocked the web sites of Time ment has been advanced that only by heart.’’ Warner’s Fortune magazine and CNN. (7) Chinese officials denied Fortune the exposing the Chinese Government and No. 5, in 1998, Apple Computer volun- right to invite Chinese participants to the the Chinese people to our values tarily removed images of the Dalai Global Forum and instead padded the guest through expanded trade and invest- Lama from its ‘‘Think Different’’ ads list with managers of state-run firms. ment can we hope to bring about polit- in Hong Kong, stating at the time,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8472 CONGRESSIONAL RECORD — SENATE September 13, 2000 ‘‘Where there are political sensitivi- American businesses truly purports to Mr. SMITH of New Hampshire. Mr. ties, we did not want to offend any- aid in bringing democracy to China, President, I am proud to stand in sup- one.’’ then those businesses, it seems to me, port of the Helms amendment. On Au- No. 7, in 1997, the Massachusetts- must conduct themselves in a manner gust 24 of this year, publications all based Internet firm, Prodigy, landed an reflecting basic American values—such around the world ran headlines very investment contract in China by agree- as individual liberty and free expres- similar to this: ing to comply with China’s Internet sion and free enterprise. Chinese kill baby to enforce birth rule. rules which provide for censoring any That is what the pending amend- The article went on to describe how political information—now get this— ment’s voluntary—and I repeat vol- five Chinese Government officials ‘‘deemed unacceptable to the Com- untary—code of conduct calls for. Of intruded into the home of a woman munist government.’’ course, I realize that some American who had given birth against the state’s I am forced to wonder if some of our firms have already adopted their own oppressive ‘‘one child’’ policy. They business leaders understand what they ethical rules and codes for inter- waited in her living room until she re- are doing when they make such state- national business, but they generally turned from the hospital. When she ar- ments and make such decisions. Obvi- are limited, narrow business practices, rived, the officials ripped the baby boy ously, they are trying to curry favor don’t you see, and certainly have not from her arms where—to the horror of with the Communist Government of prevented the sort of kowtowing to his mother and onlookers—they walked China in which they aim to do busi- China’s ruling Communists whom I outside to a rice paddy and drowned ness. But isn’t there a limit to what have just described. the child in front of his parents’ eyes. they would do to accomplish what they The point is this, and I will conclude. A wave of anger obviously enveloped seek? To say things that are so clearly I fail to see any reason on the face of this small township in the following untrue, or to agree to self-censorship the Earth why the Senate should not hours of the child’s murder. However, when some of them are in the media take this step at least before con- this is China. Villagers are kept from business, it seems to me, undermines cluding that trade will automatically speaking out against this atrocity, and the ultimate goal of these companies— bring democracy to Communist China. their higher profits—by legitimizing a Mr. President, before I yield the they find themselves in a terrible state Communist government that mani- floor, let me request, by the same of unified silence as a fear of retribu- festly does not even believe in the free method as previously, that I be granted tion, harm, or even death for their own enterprise system. the yeas and nays on this amendment. families settles upon them. In any event, some U.S. businesses The PRESIDING OFFICER. Is there This is the China to which we are certainly did not seem to get a very objection? Without objection, it is so giving permanent trade status with good return on their investment of ordered. this bill. I find it unbelievable that we goodwill. Just consider how the Chi- The yeas and nays were ordered. cannot get these kinds of human rights nese Government repaid Time-Warner, The PRESIDING OFFICER (Mr. atrocities addressed in this permanent for example. At the very moment that CRAPO). The Senator from New Hamp- normal trade relations bill for China. Time-Warner was sponsoring a con- shire. We are saying this is fine, we will ig- nore it, not talk about it, as long as we ference in Shanghai for American busi- AMENDMENT NO. 4128 ness leaders to celebrate the 50th anni- Mr. SMITH of New Hampshire. Mr. can sell them wheat, corn, whatever, versary of Chinese communism, Chi- President, I ask unanimous consent to and make money. So we can ignore nese leaders banned the then-current return to the Helms amendment No. this. issue of Time magazine, which is 4128. I am the first to admit we cannot in- owned, of course, by Time-Warner. The PRESIDING OFFICER. Without trude, unfortunately, into the policies They removed it from the Chinese news objection, it is so ordered. of the Government of China, but we stands—because of what? Because that Mr. SMITH of New Hampshire. Mr. can make known these policies to the issue happened to include com- President, how much time is remaining world and we can say as a nation, sup- mentaries by some Chinese dissidents on the amendment—on Senator HELMS’ posedly the moral leader of the world, and by the Dalai Lama. Then China time? that this is wrong. blocked the web sites of Time Warner’s The PRESIDING OFFICER. The Sen- I am proud of Senator HELMS for Fortune magazine, as well as CNN, the ator from North Carolina retains 20 bringing this to the attention of the founder of which is a self-described so- minutes. Senate during this debate, and I cannot cialist. I didn’t say it; he said it. Mr. SMITH of New Hampshire. Mr. understand, for the life of me, why we Chinese officials denied the con- President, I ask the Senator from cannot allow simple sense-of-the-Sen- ference organizers the right to invite North Carolina, if he desires to finish ate language to this permanent normal certain Chinese participants to the the debate on this, please interrupt me trade relations bill in an effort to stop forum. Instead, the Chinese leaders and I will be happy to yield to him. this horrible, barbaric behavior. padded the guest list with managers Mr. HELMS. Inasmuch as the Chair The Helms amendment simply ex- of—what? Chinese-run firms. has yielded me the right to comment presses the sense of Congress that, one, That is the way they do business over from my seat at my desk, let me say I Congress should urge China to cease its there. That is the crowd that every- yield all the time to the Senator that forced abortion and forced sterilization body in this country seems to be clam- he requires. policies, and two, the President should oring to bow and scrape to. The PRESIDING OFFICER. The Sen- urge China to cease its detention of I have to say this for the Chinese ator is recognized. those who resist abortion and steriliza- leaders: at least they stood up at the Mr. SMITH of New Hampshire. Mr. tion. It is a good amendment. There is banquet at the conclusion of the con- President, let me take the opportunity nothing wrong with this amendment. It ference and harshly lashed out at the to say again publicly on this floor to is fair and it is reasonable. United States for daring to speak the Senator from North Carolina what In addition, I also believe that Chi- about human rights while in Com- an honor it is to serve with him and to nese women should have the right to munist China, and for defending demo- know him as a friend. He is one of the choose. It is interesting, those who cratic Taiwan, of course. finest people I have ever met in my have been the strongest proponents of So I wonder if our corporate execu- life. I don’t say that lightly. There are abortion in this Chamber—when it tives woke up the next morning feeling a lot of people, especially the unborn comes to a Chinese woman’s right to a little bit underappreciated. But even children of this world, who know who say, ‘‘I want to have my child,’’ the si- if they did not, one thing is for certain. has been carrying the torch here for lence is deafening. When a woman says, This type of attitude and conduct by children who cannot speak for them- ‘‘I have the right to choose to have an American businessmen will never, selves in the womb. They owe you a abortion,’’ they are out here in full never, never promote democracy in lot. We owe you a lot. I am proud to be force. A little inconsistency? China, let alone participate in causing here in the Senate with you. The point is, a Chinese woman is it to come about. If the presence of Mr. HELMS. I thank the Senator. told, in spite of the fact she wants to

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8473 have her child, that she cannot, and Women who met the planned birth and killing babies— not only can she not have it, it is committee’s criteria were then issued a by the Chinese communist authorities’ bar- aborted forcefully. ‘‘birth allowance,’’ while those women baric planned-birth policy, but in the I had constituents, a young couple, a who did not meet the criteria were evening, I was like all other women and few months ago come to me. They were given ‘‘birth not allowed’’ notices. mothers, enjoying my life with my children. both Chinese. They had been visiting This is the country to which we are I could not live such a dual life anymore. America. She was about 5 or 6 months giving permanent normal trade rela- Here, to all those injured women, to all those children who were killed, I want to repent pregnant and was told if she went back tions. Senator HELMS is not forcing us and say sincerely that I’m sorry! I want to be to China the child was going to be to do anything except to put this lan- a real human being. It is also my sincere aborted. I turned all hands on deck to guage in the bill as a sense of the Sen- hope that what I describe here today can get that case resolved so they did not ate that alerts the world to this prac- lead you to give your attention to this issue, have to go back, and she did not go tice. That is all he is asking. We are so that you can extend your arms to save back. She had that child, now an Amer- told if we support Senator HELMS, we China’s women and children. ican citizen, born in freedom, but that are going to delay the passage of the Senator HELMS has fulfilled that child would have been aborted in China bill. So? Permanent is permanent. lady’s expectations by bringing this to against the wishes of the mother. We What are a few more days, hours, min- the attention of the Senate, the Amer- cannot even get this issue addressed utes? I venture to say, if we sent this ican people, and the world, on behalf of with sense-of-the-Senate language be- back to the House with the Helms lan- China’s women and children. fore we pass on the fast track perma- guage in it, it would take the House What is a real shame is, what the nent normal trade relations. about 5 minutes to approve it, and that Senator is asking here will be rejected There is so much talk about choice, would be the end of it. as we vote no. but the choice only runs one way— What they are really afraid of is of- Finally, Ms. Mao stated: when one is talking about the woman’s fending the Chinese—that is what this My conscience was always gnawing at my ‘‘right’’ to an abortion. When it comes is about—because we do not want to heart. to the right to choose to have her baby, lose the sales of our agricultural prod- You see, because the official religion silence. ucts. Sales of agricultural products are of the Chinese Government is atheism, It is a stated position of the Chinese more important than the lives of chil- as it is with all Communist regimes, Communist Party that forced abortion dren who are forcibly killed in front of their policies and officials do not have and forced sterilization have no role in their parents. If a woman is found to be to answer to any higher power except the population control program. In pregnant and does not possess a birth- to the state. There is no sense of mo- fact, the Chinese Communist Govern- allowed certificate, she is immediately rality behind their Government’s deci- ment encourages both forced abortion given an abortion, no matter how far sionmaking process. and forced sterilization. I emphasize along the pregnancy is. I repeat—no But let me ask a very poignant ques- ‘‘forced.’’ They accomplish this matter how far along the pregnancy is. tion. Is there a sense of our morality to through a combination of strictly en- Enforcement is a crucial component ignore it? What does it say about our forced birth quotas and immunity for of China’s planned parenthood policies. morality to say we will sell corn and local population control officials who Mandatory medical inspections for wheat and make a profit and ignore use coercion to force abortion. women of childbearing age is required. this? Why not say: Stop this and we Nobody really knows for sure how One can imagine the secrecy, trying to will sell you the corn and the wheat? many women undergo these abortions. hide the fact you are pregnant if you Isn’t that better? Aren’t we supposed We do not exactly have a population want to have the child, maybe even to be the moral leader? count on that score. Most women are keeping it from your own family, cer- When God is absent, human life is in- afraid to report. The numbers are kept tainly friends, relatives, for fear you valuable, isn’t it? It does not have secret. are going to be turned in to Big Broth- much meaning because we are children According to Harry Wu, the director er, Communist China Government. under God. If you do not believe that, of the Laogai Research Foundation, Those who fail to undertake these med- then life has no meaning other than who once lived in China and now mon- ical examinations at the preordained how it exists here on this Earth. itors and writes about his native home- time face jail and monetary fines. That is why you have forced abor- land, the city of Janjiang alone experi- Night raids to apprehend women in tions. That is why you have persecu- enced 1,141 forced abortions in one 9- violation of state policy are frequent. tion. That is why you have guns point- month period in 1997. Those were Where are the proponents of women’s ed at students’ heads. That is why you women who wanted to have their chil- rights on this debate? Why are they not have tanks poised to run over pro- dren and were forced to have an abor- standing with Senator HELMS? testers. tion. If the Chinese Government cannot lo- That is why you have harvested or- One can imagine the horror of the cate the woman, they will detain her gans. I talked about that this morning woman who has to go through that. I husband or her parent or anyone in her in my amendment, I say to Senator say with the greatest respect for those family until she comes forward and HELMS, which got 29 votes, including who disagree with the issue, where are surrenders to have that abortion. the Senator’s, for which I am very you today? If you are for a woman’s This is happening in China. Let’s not grateful. They also do that. That is an- right to choose to have an abortion, kid ourselves. Let’s not pretend it does other issue. China harvests organs—not why can you not be for a woman’s right not happen. It is happening in China. from willing donors—from prisoners not to have one? Why the silence? I want to read from Ms. Gao’s testi- who sometimes do nothing more than Where are the votes on this amend- mony in 1998. It is pretty compelling, protest against the state. They are exe- ment? and it is not pleasant. She said: cuted by being shot in the head, and I want to spend the next minute or Once I found a woman who was 9 months then organs are taken and sold for two telling about one brave woman pregnant but did not have her birth-allowed $30,000 apiece for a kidney, and the who dared to come out of Red China to certificate. According to the policy, she was money is given to the Chinese military. talk about this so-called planned birth forced to undergo an abortion surgery. In the We lost on that amendment, I say to operation room, I saw how the aborted policy. Her name is Ms. Gao. She testi- Senator HELMS, by a vote of 60-some- fied before the House Subcommittee on child’s lips were sucking, how its limbs were stretching. A physician injected poison into thing to 29. What does that say? That International Operations and Human its skull, and the child died and was thrown we are unwilling to send this back to Rights a couple of years ago. According into a trash can. To help a tyrant do evils the House for 5 or 10 minutes in con- to Ms. Gao, in order to successfully was not what I wanted . . . I could not live ference and pass it? carry out the policy, precise records of with this on my conscience. I, too, after all, That is why I am strongly supporting the women in her province were com- am a mother. this amendment by Senator HELMS. I piled, noting their names, births, mar- She goes on to say: am proud to support this amendment. I riages, pregnancies, reproductive cy- All of those 14 years, I was a monster in am proud to stand here on the floor of cles—all sorts of information. the daytime, injuring others— the Senate and say that this is wrong.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8474 CONGRESSIONAL RECORD — SENATE September 13, 2000 Sometimes you have to say things practices first implemented in the eighties government organs to check their work at whether you win the debate or not. persist to this day. Never before has this sys- any time. Sometimes it does not matter whether tem been exposed to the world in its en- To analyze informant materials submitted in accordance with the ‘‘informing system,’’ you win the debate or not; it is just tirely. In fact, up until this point, the Chi- nese government has been internationally and then put these cases on file for inves- having the debate that matters. applauded for its effective population control tigation. Some materials are not conclusive, His amendment would encourage the efforts. The Chinese government has always but planned-birth cadres are responsible for Chinese Government to stop this atroc- insisted that it uses only voluntary methods their villages, and to avoid being punished ity, to stop this barbaric act, to stop for controlling the amount of children born by their superiors and to receive the bonuses forcing abortion on unborn children into Chinese families. Unfortunately, the promised for meeting planned-birth goals. and forcing women to have those abor- evidence repeatedly contradicts this empty The cadres are under tremendous pressure tions. assertion. from the central and provisional regulations to carry out the policy. Even if the cadres It is not unreasonable to ask my col- CHINA’S POPULATION POLICY EXPOSED brutally infringe on human rights, there has Gao Xiao Duan, a former cadre in a leagues to support this amendment never been evidence of cadres being punished planned-birth office in Yonghe Town in which is vital to human rights in for their actions. China. It is vital to the rights of a Fujian Province, testified before the House Whenever the planned-birth office calls for woman and it is vital to the rights of a of Representatives Subcommittee on Inter- organizing ‘‘planned-birth supervision national Operations and Human Rights on teams,’’ the town head and communist party child. June 10, 1998, and exposed the system of op- Mr. President, I ask unanimous con- committee secretary will immediately order pression before a packed hearing room. Gao, all organizations—public security, court, fi- sent to have printed in the RECORD the still Chinese citizen, was employed as an ad- remarks from Harry Wu on forced abor- nance, economy—to select cadres and orga- ministrator at the Yonghe town planned- nize them into teams. They are then sent to tions in China. birth, where her job was to ‘‘work out and villages, either for routine door-to-door There being no objection, the mate- implement concrete measures pursuant to checking or for punishing of local violators. rial was ordered to be printed in the the documents of the Central Committee of Supervision teams are makeshift, and to RECORD, as follows: the Chinese Communist Party, and the State avoid leaks, cadres do not know the village Council on planned-birth.’’ In other words, FORCED ABORTION AND STERILIZATION IN to which they will be sent until the last she was to carry out the dictates of the com- CHINA—THE VIEW FROM INSIDE minute. Planned-birth supervision teams munist regime in accordance with the ‘‘One A BURGEONING POPULATION usually exercise night raids, encircling sus- child’’ policy. Her day-to-day duties were as pected households with lighting speed. It has been over twenty years since the follows: Should they fail to apprehend a woman vio- People’s Republic of China, which has 22% of To establish a computer data bank of all lator, they may take her husband, broth- the world’s population, began implementing women of child-bearing age in the town er(s), or parent(s) in lieu of the woman her- its population-control policy, or planned (10,000+ women), including their dates of self, and detain them in the planned-birth of- birth policy in mainland China. In the years birth, marriages, children, contraceptive fice’s detention room until the woman sur- following the 1949 victory of the Communist ring insertions, pregnancies, abortions, renders. They then would perform a steriliza- Party in the PRC, Communist leader Mao child-bearing capabilities, menstruation tion or abortion surgery on the woman viola- Zedong promoted population growth, regard- schedule, etc. tor. ing a large population as an asset for both To issue ‘‘birth allowance’’ certificates to Gao also outlined several policies that are production and security. In the most recent women who met the policy and regulations carried out in the wake of ‘‘planned-birth su- decades, as the focus of the Chinese govern- of the central and provincial planned-birth pervision’’. ment has shifted towards economic develop- committees, and are therefore allowed to House dismantling. No document explicitly ment, the Communist government has taken give birth to children. Without this certifi- allows dismantling of a violator’s house. To to blaming the cultural traditions of its own cate, women are not allowed to give birth to the best of her knowledge, however, this people for the population explosion. The children. Should a woman be found to be practice not only exits in Fujian Province, need to promote growth and combat the tra- pregnant without a certificate, abortion sur- but in rural areas of other provinces as well. ditions of large families became justifica- gery is performed immediately, regardless of Apprehending and detaining violators. tions for one of the most barbaric abuses of how many months she is pregnant. Most planned-birth offices in Fujian Prov- government power ever revealed: the infa- To issue ‘‘birth-not-allowed notices.’’ Such ince’s rural areas have their own detention mous ‘‘one child’’ policy. notices are sent to couples when the data facilities. In her town, the facility is right Since 1979 when the population-control pol- concludes that they do not meet the require- next door to her office. It has one room for icy was first implemented, it has been a top- ments of the policy, and are therefore not al- males and one room for females, each with a down system of control: the central govern- lowed to give birth. Such notices are made capacity of about 25–30 people. To arrest and ment establishes general policy guidelines, public, and the purpose of this is to make it detain violators, the planned-birth office and local governments institute and enforce know to everyone that the couple is in viola- does not need any consent by judicial or pub- specific directives and regulations to meet tion of the policy, therefore facilitating su- lic security institutions, because their ac- these guidelines. In addition to the original pervision of the couple. tions are independent of those organizations. one-child policy itself, the Marriage Law of To issue ‘‘birth control measures imple- Detainees pay Y8.00 per day for food. They 1980 requires the practice of family planning. mentation notices.’’ According to their spe- are not allowed to make phone calls, or to The law encourages the policy of late mar- cific data, every woman of child-bearing age mail letters. The majority of detainees are, riage and late birth, and sets the minimum is notified that she has to have contraceptive of course, either women who are pregnant marriage age at 22 years of age for men and device reliability and pregnancy examina- without ‘‘birth allowance certificates,’’ 20 years of age for women. Provincial regula- tions when necessary. Should she fail to women who are to be sterilized, or women tions enacted in the eighties established ar- present herself in a timely manner for these who have been slapped with monetary pen- tificial quotas, which planned birth cadres examinations, she will not only be forced to alties. As stated previously, if they do not were to enforce strictly. Leaders in Jiangxi, pay a monetary penalty, but the supervision apprehend the women themselves, they de- Yunnan, Fujian, and Shaanxi provinces, for team will apprehend her and force her to tain their family members until the women example, received orders to strictly limit the have such examinations. agree to the sterilization and abortion sur- number of births in excess of their author- To impose monetary penalties on those geries. ized targets by forcing women to have abor- who violate the provincial regulations. Sterilization. The proportion of women tions, euphemistically referred to as ‘‘taking Should they refuse to pay these penalties, sterilized after giving birth is extraor- remedial measures.’’ the supervision team members will appre- dinarily high. Sterilization can be replaced In May of 1991, the Chinese Communist hend and detail them as long as they do not with a ‘‘joint pledge,’’ with 5 guarantors Party Central Committee enacted the ‘‘Deci- pay. jointly pledging that the woman in case sion to Intensify Planned-Birth Work and To supervise ‘‘go-to-the-countryside cad- shall not be pregnant again. Much of the Strictly Control Population Growth.’’ This res.’’ The municipal planned-birth com- time, however, this kind of arrangement is policy paper contains provisions suggesting mittee often sends cadres from other areas impossible, because five people are unlikely the use of IUD’s, sterilization, and pregnancy to villages, for fear that local cadres could to be willing to take on the liability of hav- termination in some circumstances. In all, cooperate with villagers, or that a local ing to guarantee that a woman will not be- the policy aims to create a greater uni- backlash would develop against the cadres come pregnant. It is important to remember formity between central and provincial fam- who conscientiously carry out their duties. that if she does, by some chance, become ily planning and laws. While there have been To write monthly ‘‘synopses of planned- pregnant, they are responsible for her ac- alternate tightenings and relaxations of the birth reports,’’ which are signed by the town tions, too. policy, evidence brought to light at the June head and the town communist party, and Abortion. According to government regula- 10, 1998 hearing before the House Sub- then are submitted to the municipal people’s tions, abortion for a pregnancy under 3 committee and International Operations and government and the communist party com- months is deemed ‘‘artificial abortion,’’ and Human Rights revealed that the coercive mittee. They wait for cadres for superior if the pregnancy exceeds three months, it is

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8475 called ‘‘induced delivery.’’ In her town, an the planned-birth office, where they were rather than to the strict population policy. average of 10–15 abortion surgeries are per- quickly sterilized and monetary penalties This is not to say that population control formed monthly, and of those surgeries, one were imposed. Gao spoke at length about had nothing to do with the economic growth third are for pregnancies exceeding 3 how she thought she was conscientiously im- China has experienced, but it is a well-known months. plementing the policy of the ‘‘dear Party,’’ observation that as economies prosper, fer- Every month her town prepares a report, and that she was just being an exemplary tility rates decrease. This explains why fer- the ‘‘synopsis of planned-birth report.’’ It cadre. tility rates have declined more naturally in enumerates in great detail the amount of Once Gao found a woman who was nine the urban areas of China; the relatively eco- births, issuing of birth-allowed certificates, months pregnant, but did not have a birth- nomically progressive cities do not have to and implementation of birth-control meas- allowed certificate. According to the policy, be as coercive with the policy, because the ures in Yonghe Town; Following its comple- she was forced to undergo an abortion sur- couples who live there today do not wish to tion, it is submitted to the planned-birth gery. In the operation room, she saw the have as many children as their rural coun- committee. For instance, in January–Sep- aborted child’s lips sucking, its limbs terparts. tember 1996, of all the women of child bear- stretching. A physician injected poison into It is the communist political and economic ing age with 1 child, 1,633 underwent device- its skull, the child died, and it was thrown system that makes it difficult to develop insertion surgeries, or underwent subcuta- into the trash can. ‘‘To help a tyrant do China’s economy, and is the fundamental neous-device-insertion surgeries, and 207 un- evils’’ was not what she wanted. reason for the contradiction between an ex- derwent sterilization surgeries; of women of Also testifying at the hearing was Zhou ploding population and a retarded economy. child-bearing age with 2 children, 3,889 un- Shiu Yon, a victim of the Chinese planned- Therefore, the fundamental way to solve Chi- derwent sterilization surgeries, 167 under- birth policy. Zhou, who had known her boy- na’s population problem is to change its irra- went device-insertion surgeries, and 10 took friend since childhood, became pregnant at tional political and economic system. birth-control medications (among the group age nineteen. She did not have a birth allow- Planned-birth targets every family, every with 2 children, of the 186 women who had 2 ance certificate, so her pregnancy was con- woman. daughters, 170 were sterilized). In January– sidered illegal. When she became ill and was If you are interested in obtaining full cop- September 1996, a total of 757 surgeries in hospitalized, it was discovered that she was ies of the testimonies, along with pictures five categories were performed. They in- pregnant, she had her boyfriend pay the and videotapes, please write, call, fax, or cluded: 256 sterilization surgeries (35 for two nurse to leave the window open; she jumped email the Laogai Research Foundation in daughters), 386 device-insertion surgeries (23 out, and her boyfriend was waiting with a Washington, DC. Our contact information is cervical ring insertions), 3 subcutaneous-de- car to flee to Guangzhou where they boarded listed below. Help us stamp out this egre- vice-insertions, 41 artificial abortion sur- a boat to the United States. On the boat, gious abuse of government power. Millions of geries, and 71 induced delivery surgeries. In Zhou became extraordinarily seasick, and women and children need your support. If the first half of the year of 1997, a total of 389 had complications with her pregnancy. Once China requires a population policy, it must surgeries in 5 categories were performed. in the United States, she lost her baby while be based on volunteerism and education, not They included: 101 sterilization surgeries (12 being treated in a San Diego hospital. Now, coercion and intimidation. To give birth and for two daughters), 27 induced delivery sur- she is unsure of whether or not she will ever plan one’s family is a fundamental human geries, 228 device-insertion surgeries, and 33 be able to have children again. Stories like right, and should be deprived from no one. artificial abortion surgeries. Gao’s office had hers are all too common in China today. Sincerely, to submit all of this data to the municipal Congressman Christopher Smith of New Jer- HARRY WU, planned-birth committee monthly and annu- sey, chair of the subcommittee, said that the Executive Director, ally so that it could be kept on file. Chinese policy is ‘‘so vile that [it] will cause Laogai Research Foundation. PERSONAL TALES OF SORROW people to recoil in horror across the cen- Mr. SMITH of New Hampshire. Mr. Gao and her husband were married in 1983, turies.’’ President, in the remaining couple of and gave birth to their daughter one year THE POPULATION POLICY ANALYZED moments, I will just conclude by say- later. Despite their desire to have more chil- I testified at the hearing to show how the ing, I have been out here a number of dren, they were not allowed to give birth to Chinese policy is truly a top-down system. times following, frankly, in the huge a second child due to the planned-birth pol- For many years I have collected many sto- footsteps of Senator HELMS, in a very icy. In late 1993, Gao and her husband adopt- ries about the tragic experiences of people ed a boy from Harbin, a province in north- who are affected by the planned-birth policy. small way, to talk about protecting the east China. They had no choice but to keep Their personal experiences may be more lives of unborn children. him in someone else’s home. For fear of emotionally shocking, but I want to explain But this goes far beyond that. This being informed against by others in the China’s internal documents that I have col- debate now has taken a new level. It is town, the child never referred to Gao as lected over the years. The basic arguments now forcing abortions on women ‘‘mama’’ in the presence of outsiders. When- for China’s population policy are: against their wishes. I hope that some- ever government agencies conducted door-to- China’s living and land resources are lim- day Senator HELMS and I, and others, door checks, her son had to hide elsewhere. ited, which tremendously impedes its devel- will have the opportunity to stand here Her elder sister and her elder brother’s opment, added to which is population wife have only two daughters each. Both of growth. To become a prosperous nation, in the well and see this practice of them were sterilized, their health ruined, China must control its population growth. abortion ended in this country. Be- making it impossible for them to ever live or Limited economic resources and over- cause who knows what is next? If we do work normally. population cause disruption of education, the not respect the lives of our children, During her 14-year tenure in the planned- environment, health services, and negatively then what do we respect? birth office, she witnessed how many men affect quality of life issues in China. Children are a lot smarter than we and women were persecuted by the Chinese In short, the Chinese government wishes give them credit for. I have raised communist government for violating its people, especially Chinese citizens, to believe three. A lot of you out there listening ‘‘planned-birth policy.’’ Many women were that overpopulation makes China a back- crippled for life, and many were victims of ward nation, and that controlling it will to me now have raised more than that. mental disorders as a result of their un- allow them to develop as a nation. Such a They are smart. They know when you wanted abortions. Families were ruined or point of view is preposterous, and is coun- say: Johnny, go off to school, be a good destroyed. Gao, with tears streaming down tered by the following two observations: boy today, mind your teacher—mean- her face, told during her testimony of how Certain nations such as Japan have even while we will abort your sister. her conscience was always gnawing at her more limited per capita living resources Forty million children have died in heart. than China, but are nevertheless extraor- this country alone from abortion. She vividly recalled how she once led her dinarily prosperous. Those 40 million children will never get subordinates to Yinglin Town Hospital to Is it not the lack of a rational social and check on births. She found that two women economic system that retarded China’s de- to be a Senator, a spectator in the gal- in Zhoukeng Town had extra-plan births. In velopment in the years following the rise of lery, a mother, a pastor, a CEO. They a move approved by the head of the town, the Communist Party? For several years are never going to have the chance to she led a planned-birth supervision team after the 1949 Communist victory, China’s be a page. They never had a chance, 40 composed of a dozen cadres and public secu- economy did in fact make great strides— million of them. We did. rity agents. Sledge hammers and heavy without a population control policy. Eco- So maybe we should not be too sur- crowbars in hand, they went to Zhoukeng nomic backwardness resumed because of prised that the Senate is willing to Town, and dismantled the women’s houses. failed communist economic experiments. look the other way while they do it in Unable to apprehend the women in the case, After economic reforms that started in the they took their mothers and detained them late 70’s under Deng, the economy has again China. We should not be real surprised. in the planned-birth office’s detention facil- improved. The economic advances that But someday I pray that I will be able ity. It was not until a month and a half later China has made in the last two decades to stand here and say thank you to at that the women surrendered themselves to should be attributed to economic reforms least 67 of my colleagues who put a

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8476 CONGRESSIONAL RECORD — SENATE September 13, 2000 stop to it. Maybe that day will happen many Chinese workers are leaving To highlight the positive impact of U.S. some time in my lifetime. I sure look state-owned enterprises to look for companies, we have compiled a sample of the forward to it. work with American companies in best practices currently in use by U.S. com- Mr. President, I yield the floor. China whenever they can find the op- panies in China. Together, these practices The PRESIDING OFFICER. The Sen- tell a remarkable story about the role of portunity. Their wages, benefits and companies in China beyond providing goods ator from North Carolina. working conditions are almost invari- and services. Mr. HELMS. I suggest the absence of ably higher than any other workplace These practices span eight principal areas: a quorum. they can find. Ethical and responsible business behavior; The PRESIDING OFFICER. The Corporate codes of conduct; My point is that there is no need to New ideas and information technology; clerk will call the roll. force American companies to adopt so- The assistant legislative clerk pro- Western business practices; called voluntary codes of conduct with Environmental, energy efficiency, health, ceeded to call the roll. and safety standards; Mr. ROTH. Mr. President, I ask unan- respect to their operations in China. They are already providing opportuni- Compensation, benefits, and training; imous consent that the order for the Volunteerism, charitable giving, and com- quorum call be rescinded. ties in China that confirm that there is munity activism; and The PRESIDING OFFICER. Without a race to the top, not a race to the bot- Rule of law. objection, it is so ordered. tom, when American firms operate I. U.S. COMPANIES PROMOTE ETHICAL AND RE- AMENDMENT NO. 4123 overseas. SPONSIBLE BUSINESS BEHAVIOR WITHIN THEIR Mr. ROTH. Mr. President, I rise in Given the potential beneficial impact FACILITIES AND WITH THEIR CUSTOMERS AND SUPPLIERS opposition to my colleague’s amend- that our firms can have in direct con- U.S. companies strive to integrate their ment. tacts with employees, other businesses in China and directly with consumers Chinese operations seamlessly into their The amendment is designed to force world-wide operations. They conduct sub- the Secretary of Commerce to impose under the WTO agreement, I would think we would want to do everything stantial ethical training for their employees so-called ‘‘voluntary codes of conduct’’ in China, as they do for their employees on American businesses operating in we could to ensure that American ex- worldwide. This training is more than simply China. The fact is, if the proposed porters were free to operate in China, a set of rules to follow. The training con- codes were truly voluntary, there rather than compelling the Secretary centrates on fundamental concepts such as would be no need to compel the Sec- of Commerce to dictate to American integrity, mutual respect, open communica- retary of Commerce to pressure U.S. companies on exactly how they should tion, and teamwork. And it is collaborative: conduct their operations in China. company officers go on-site to Chinese loca- businesses into adopting such codes. tions to offer guidance on compliance, to lis- More importantly, American busi- The reason I say that and the reason I oppose this amendment and support ten to employees’ concerns, and to observe nesses already do operate under codes the practices in use. In addition, to facilitate of conduct. The most important code of PNTR is that each American company candid communication, the companies also conduct is, of course, U.S. law. hiring a Chinese employee is sowing have procedures for employees to commu- Another code of conduct American the seeds of political pluralism at the nicate with management confidentially. companies are bound to follow is local same time. That is precisely how we II. U.S. COMPANIES UPHOLD COMPREHENSIVE law, which American companies are can best foster both economic and CORPORATE CODES OF BUSINESS CONDUCT AND bound to operate under when selling peaceful political reform in China. ETHICS abroad. For that reason, I urge my colleagues These corporate codes cover an array of In addition, U.S. companies also fol- to oppose the amendment. topics, from managing supplier relation- low their own internal codes of con- I ask unanimous consent to print in ships, to protecting the environment, abid- ing by antibribery laws, supporting equal duct. There has been a revolution in the RECORD the Executive Summary employment opportunity, and offering job corporate thinking over the last decade contained in the Business Roundtable advancement based on merit. The codes are about compliance issues and corporate report to which I referred. translated into local languages, and as with business practices. American business There being no objection, the sum- ethics training, companies back up these has applied the philosophy of ‘‘best mary was ordered to be printed in the codes with programs to ensure compliance. practices’’ that began in the manufac- RECORD, as follows: For example, companies conduct ethical re- turing sector, but now has also been EXECUTIVE SUMMARY newal workshops to keep concepts fresh in employees’ minds, keep employees current used as a risk management tool. U.S. companies with operations in China In other words, adopting an inter- with revisions to the code, and underscore are contributing to the improvement of so- the importance of compliance. nal—and truly voluntary—internal cial, labor, and environmental conditions in III. U.S. COMPANIES CONTRIBUTE TO A MORE code of conduct has become a way of China. By exporting to China not only their OPEN CHINESE SOCIETY THROUGH THE INTRO- minimizing the risk, both legal and fi- products and services, but also their oper- DUCTION AND DISSEMINATION OF IDEAS AND ating standards, best business practices, val- nancial, that flows from some part of a INFORMATION TECHNOLOGIES ues, and principles, U.S. companies serve as company operating in a manner that is By giving Chinese employees and con- at odds with the law or corporate eth- agents of change. When U.S. companies set up operations in China, they bring with them sumers access to information technology, ical standards. U.S. ethical and managerial practices. These U.S. companies are giving individual Chinese Bluntly, there is a reason that cor- practices shape the way they run their fac- citizens the opportunity to communicate porations do this and it is not altru- tories, relate to their employees, and con- with people inside and outside China, in the ism. The greatest force ensuring the tribute to local community activities. United States and in the rest of the world. adoption of these internal codes of con- Through these practices, U.S. companies set U.S. companies are exposing Chinese citizens duct is the capital markets. Poor cor- a positive example of corporate citizenship to new information, ideas, values, and behav- and contribute to the evolution of norms ior. They do so by giving their employees in porate behavior, even if it does not vio- China access to the Internet, Chinese-lan- late the law, has an immediate impact within Chinese society. Indeed, many of these practices are increasingly being adopt- guage web pages, and worldwide e-mail, on share prices in today’s capital mar- ed by domestic enterprises in China. which allow them to exchange information kets. U.S. companies with international oper- with people around the world instanta- As a consequence, American busi- ations often establish global business prac- neously. U.S. companies provide access to nesses take their environmental and tices that are implemented in a similar and international business, political, and finan- employment standards with them when appropriate way across all the countries in cial news. They also sponsor employee news- they operate overseas. which they operate. In pursuing such policies letters to exchange information among sites I have with me a copy of a report pre- in China and elsewhere, U.S. companies ad- across China. In addition, U.S. companies ex- pared by the Business Roundtable that vance the cause of important social, labor, pose Chinese government officials to new environmental, and economic objectives, in- ideas, such as through informal roundtable details precisely what American com- discussions with officials in Chinese min- panies are doing in China in the way of cluding improved health, safety, and envi- ronmental practices; consistent enforcement istries to exchange ideas and experiences. ‘‘best practices’’ in terms of the envi- of high ethical standards; increased com- IV. U.S. COMPANIES ACCELERATE EXPOSURE TO, ronment and employment and other so- pensation, training, and educational oppor- AND ADOPTION OF, WESTERN BEST BUSINESS cial concerns. tunities for workers; accelerated market re- PRACTICES The way those companies operate is forms; transparent government regulation; U.S. companies accelerate adoption of one of the primary reasons that so and the rule of law. Western business practices in two ways: by—

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8477 bringing Chinese professionals to the United stantially higher wages than Chinese-owned prior to that time there would be time States to see the practices in action, and by firms do. In addition, U.S. companies offer I could use on this side? bringing the practices to China to show them forward-looking benefits programs, such as The PRESIDING OFFICER. We don’t in action there. Accordingly, U.S. companies subsidies to encourage home ownership, and have an order for Senator FEINGOLD. support substantial foreign travel by their on-site day care. Companies also offer per- Chinese employees, as well as Chinese offi- formance-linked rewards systems and incen- We simply want to know whose time cials, to give them direct exposure to market tives for good safety practices. Together, the Senator is using. economy forces and Western social and polit- these benefits lead to low employment turn- Mr. KYL. If I may take the majority ical structures. U.S. companies with oper- over rates. time, I don’t need unanimous consent. ations in China send literally thousands of U.S. companies also offer comprehensive The PRESIDING OFFICER. The Sen- their employees, Chinese officials, and stu- technical training. They have technical ator may do so. dents to the United States every year. And training centers located throughout China, Mr. KYL. Thank you, Mr. President. these visitors spend a substantial stay in the some so comprehensive that the companies Mr. President, the point is that we United States, from several weeks to as call them their corporate ‘‘university.’’ are going to be considering PNTR for much as six months. They come to the Many companies establish minimum train- United States to see U.S. practices first- ing hours for each worker per year, which China, which will enable China to join hand—touring factories and offices across they offer substantially exceed. In addition, the World Trade Organization within the United States. They also visit Wash- companies offer scholarships to students at the week, and presumably that will be ington, D.C. to observe our democratic polit- China’s leading universities to ensure that done in accordance with the bill passed ical process and meet with Members of Con- the next generation of Chinese workers has by the House of Representatives. gress and other government officials. For the technical skills necessary to succeed in a It is important that we ensure the many of the Chinese visitors, this trip is not more competitive workplace. other party to this equation is taken only their first trip to the United States, it VII. U.S. COMPANIES EXPORT U.S. CONCEPTS OF care of because there don’t appear to be is also their first opportunity to travel out- VOLUNTEERISM CHARITABLE GIVING, AND any more roadblocks to the Senate’s side China. COMMUNITY ACTIVISM In addition, U.S. companies teach global consideration of PNTR and China’s workforce, management, and manufacturing U.S. companies in China are setting an ex- entry into the body from a legislative principles to all of their employees in China. ample of volunteerism and community activ- perspective. But there could have been. ism. They have donated millions of dollars to This training is a comprehensive, ‘‘hands- It is also important that Taiwan on’’ experience which covers principles and support a variety of charitable causes in China including scholarships for students to enter into the WTO. I believe virtually practices such as participative management, every Senator and every Member of the empowered workforce, employee teaming, attend university, donations to flood vic- total quality management, and just-in-time tims, medical care for children, and support other body is committed to that. I systems. Chinese managers also receive for primary education in rural districts. know the administration is committed training in fundamental market economics, These funds empower local communities, and to that. But there could have been a and cutting-edge management practices; individuals, to work toward improving their roadblock to China’s PNTR and WTO some even receive Western MBAs through own circumstances. Company volunteers add accession had we not clarified some- these programs. And to further exposure to a human link, through tutoring and men- toring programs. thing with respect to Taiwan. Western business practices, U.S. companies It has been agreed since 1993 that VIII. U.S. COMPANIES SUPPORT ADVANCEMENT in China organize symposia on economics, fi- Taiwan would enter the WTO. It has nance, management and other business top- OF THE RULE OF LAW IN CHINA AND EFFEC- ics. These symposia bring Chinese profes- TIVE ENFORCEMENT MEASURES been virtually ready to do so. But out sionals in contact with Americans and other U.S. companies have taken an active role of deference to China and to ensure foreigners from a wide array of corporations, in encouraging and developing the rule of China could enter first and then Tai- academia, government, and other institu- law in China. They have been working with wan second, Taiwan’s entry has been tions to exchange ideas and experiences. Chinese officials to develop new laws gov- delayed. But we believe neither China V. U.S. COMPANIES PROVIDE FOR AND PROMOTE erning property rights, taxation, corpora- nor anyone else in the world would ob- HIGHER ENVIRONMENTAL, ENERGY EFFI- tions, and other commercial areas. Industry- ject to Taiwan’s entry into the WTO, CIENCY, HEALTH, AND SAFETY STANDARDS by-industry, they provide expertise and set and indeed the working group that WITHIN THEIR FACILITIES AND IN THE COMMU- an example of how to operate successfully deals with the specifics of Taiwan’s NITIES IN WHICH THEY OPERATE IN CHINA while respecting the rule of law. entry I think is in very good shape. U.S. companies apply, and achieve, higher * * * * * There has been a commitment by the environmental, energy efficiency, health, While this summary gives some flavor of administration to ensure that when the and safety standards than Chinese-owned the practices in place by U.S. companies, the factories achieve—higher even than Chinese real story is in the details. We encourage you Senate and the House have approved law requires. U.S. multinational companies to take a look at the full paper, which pro- PNTR for China, the United States can set worldwide operating principles for their vides a unique opportunity to see the steps therefore move forward with China’s international facilities, including China, and being taken by individual companies. accession and that we do so with re- these principles are based on U.S. standards. Mr. ROTH. I yield the floor and sug- spect to Taiwan as well. Unfortunately, By setting an example of exceeding the Chi- gest the absence of a quorum. however, since the House acted, there nese standards, U.S. companies put pressure has been an unfortunate string of com- on domestic Chinese enterprises to comply The PRESIDING OFFICER. The with these higher, international standards. clerk will call the roll. ments made by high Chinese officials And U.S. companies not only bring higher The legislative clerk proceeded to that have cast some doubt on whether standards, they bring the technology to meet call the roll. or not China would make good on its these higher standards, by providing ad- Mr. KYL. Mr. President, I ask unani- commitment to support Taiwan’s ac- vanced environmental protection and energy mous consent that the order for the cession into the WTO. efficiency technology and by sponsoring en- quorum call be rescinded. While the leaders of China had said vironmental protection symposia in China to The PRESIDING OFFICER. Without they would support Taiwan’s entry, exchange information about these standards they said it must be under terms pro- and how to meet them. Finally, by creating objection, it is so ordered. jobs and raising living standards in China, Mr. KYL. Mr. President, I have what vided by China. Specifically, that U.S. companies are creating the wealth nec- I think is pretty good news for my col- meant it had to be Taiwan entering the essary to help China pay for higher environ- leagues in the Senate and for the ad- WTO as a province of China. That, of mental, worker safety, and energy efficiency ministration which I would like to course, is contrary to the agreement standards. share and which relates directly to the that heretofore had been worked out, VI. U.S. COMPANIES PROVIDE DESIRABLE EM- legislation pending before us. contrary to all the wishes of the mem- PLOYMENT ALTERNATIVES TO CHINESE WORK- I believe that by this time next week, bers of the working study group and ERS, INCLUDING ENHANCED COMPENSATION, the Senate—— the United States, and of course Tai- BENEFITS, AND TRAINING OPPORTUNITIES FOR The PRESIDING OFFICER. The wan. ADVANCEMENT ON THE BASIS OF MERIT Chair inquires about whose time the The administration has taken a firm U.S. companies are raising the bar for em- Senator is using. position that they will not support ployment opportunities. They provide en- hanced compensation and benefits, sponsor Mr. KYL. I presumed I would be that kind of language; that Taiwan on-going training opportunities, and offer using time on the majority. I inquire of must come in as a separate customs advancement on the basis of merit. U.S. the Chair, am I correct that Senator territory or separate trading territory companies pay their Chinese employees sub- FEINGOLD was to speak at 4 o’clock and and not as a province of China.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8478 CONGRESSIONAL RECORD — SENATE September 13, 2000 This has been enough of a matter of I have not offered it yet, but that As a result, I spoke with Senator concern—these statements made by amendment would have made it very MURKOWSKI, Senator HELMS, Senator Chinese leaders—that we sought assur- clear our approval of PNTR was subject SESSIONS, Senator ROTH, and others ances from the administration and had to Taiwan acceding to WTO member- who I thought were interested in the meetings with administration officials ship under the original terms nego- issue. They have all concurred that to clarify. Specifically, a group of Sen- tiated—not as a separate province of this language is sufficient, and as a re- ators met with Charlene Barshefsky to China. The administration strongly op- sult I will not be offering the amend- inquire about the status of the matter, poses any amendments being attached ment. particularly since Jiang Zemin is to PNTR because of its concern that I applaud the President’s action in quoted as having made statements in the House of Representatives would this regard. I appreciate the action of New York a few days ago that China not, a second time, pass the legislation, Ms. Barshefsky and her counsel, and would only agree to Taiwan’s entry and, as a result, inquired whether other certainly reiterate my intention of under this term expressing Taiwan as a kinds of assurances would suffice in working with the administration on province of China. lieu of action by the Senate on this this important matter. Of course, Tai- I will have printed in the RECORD matter. wan represents an extraordinarily im- some items. One is a Wall Street Jour- We indicated our purpose was not to portant trading partner for the United nal lead editorial from yesterday in try to derail the PNTR but rather to States and a very good ally, an ally of which the Wall Street Journal notes: have an assurance that the administra- which we need to continue to be sup- Addressing a business group during his tion would insist upon the entry of Tai- portive. visit to New York for the United Nations wan under the original terms and that I will identify specifically the docu- summit, Mr. Jiang said of course Taiwan it would not allow entry by China and ments I will have printed in the could join the WTO, but only as part of not entry by Taiwan in the appropriate RECORD at this time. First, a letter to China. way. me from the President of the United The editorial goes on to note that is A day later, yesterday, the President States dated August 31; second, a letter unacceptable to the United States, and sent a letter to the majority leader, to the majority leader from the Presi- that the Senate needed to act with re- with copies to those who had been in dent of the United States dated Sep- spect thereto. the meeting, dated September 12, in tember 12; third, a Wall Street Journal Ms. Barshefsky confirmed that Presi- which the President advises the leader editorial dated September 12; fourth, a dent Clinton told Jiang that Taiwan on two matters pending. One was the letter a group of Senators had sent to would have to come in under the terms Thompson amendment dealt with ear- the President initially dated July 27, originally negotiated, not as a province lier today, but the other was the mat- 2000; and finally, a copy of an AP story of China. Jiang responded with the Chi- ter that we discussed, and as I under- I quoted from earlier, the headline of nese position, and the President then stand it, this was explicitly inserted in which is ‘‘China Asserts Claim Over responded with the U.S. position again. the letter to provide the assurance that Taiwan,’’ dated September 7, 2000. I ask The controversy, in other words, was we had requested the day before. unanimous consent to have these docu- not put to bed. Let me quote from the President, in- ments printed in the RECORD. Earlier, the Chinese Foreign Ministry dicate what I think this means, why it The PRESIDING OFFICER. Without spokesman Yuxi is reported to have is important, and why as a result it objection, it is so ordered. said: The Chinese side has a consistent will not be necessary to proceed with There being no objection, the mate- and clear position. Taiwan can join the amendment which I filed earlier. rial was ordered to be printed in the WTO as a separate customs territory of The President says: RECORD, as follows: China. There should be no question that my Ad- THE WHITE HOUSE, These comments, of course, are of ministration is firmly committed to Tai- Washington, August 31, 2000. concern to us. The House has already wan’s accession to the WTO, a point I reiter- Hon. JON KYL, acted to approve PNTR, but you now ated in my September 8 meeting with Presi- U.S. Senate, have high Chinese officials saying Tai- dent Jiang Zemin. Based on our New York Washington, DC. wan’s accession must be as a province discussions with the Chinese, I am confident DEAR SENATOR KYL: Thank you for your to China, contrary to the position of we have a common understanding that both letter regarding Taiwan’s accession to the the working group, of the United China and Taiwan will be invited to accede World Trade Organization (WTO). My admin- to the WTO at the same WTO General Coun- States, of Taiwan. As a result, we istration remains firmly committed to the cil session, and that Taiwan will join the goal of WTO General Council approval of the thought something had to be done to WTO under the language agreed to in 1992, accession packages for China and Taiwan at clarify this. namely as the Separate Customs Territory of the same session. This goal is widely shared Some time ago, a group of 40 Sen- Taiwan, Penghu, Kinmen and Matsu (re- by other key WTO members. ators had written to the President and ferred to as ‘‘Chinese Taipei’’). The United China has made clear on many occasions, asked for his assurances that he would States will not accept any other outcome. and at high levels, that it will not oppose support Taiwan’s entry into the WTO That is important because the Presi- Taiwan’s accession to the WTO. Neverthe- simultaneous with that of mainland dent of the United States has defined less, China did submit proposed language to China. In a letter to me and to other exactly the appropriate language for their working party stating that Taiwan is a separate customs territory of China. We have Senators, dated August 31, the Presi- Taiwan’s accession to WTO as a sepa- advised the Chinese that such language is in- dent said: rate customs territory of Taiwan, not appropriate and irrelevant to the work of the China has made clear. . . that it will not as the Chinese had been insisting, as a working party and that we will not accept it. oppose Taiwan’s accession to the World province of China. And the President We believe that this position is widely Trade Organization. notes, and I again quote the last sen- shared by other WTO members. Nevertheless, China did submit proposed tence: ‘‘The United States will not ac- Again, thank you for writing concerning language to their working party stating Tai- this important matter. wan is a separate customs territory of China. cept any other outcome.’’ I can’t think of a clearer statement Sincerely, We have advised the Chinese that such lan- BILL CLINTON. guage is inappropriate and irrelevant to the by the President of the United States work of the working party and that we will that we will insist upon Taiwan’s ac- THE WHITE HOUSE, not accept it. We believe that this position is cession under appropriate terms—those Washington, September 12, 2000. widely shared by other WTO members. specifically identified here—and, at the Hon.TRENT LOTT, When we met with Ms. Barshefsky same time, that China is admitted to Majority Leader, U.S. Senate, Washington, DC. yesterday, we noted other statements the WTO. In my view, this provides the DEAR MAJORITY LEADER: I want to com- have been made and clearly some ac- necessary assurance that the Presi- mend you for commencing debate on H.R. tion needed to be taken by the United dent, those working on his behalf, will 4444, which would extend Permanent Normal Trade Relations to the People’s Republic of States to make it crystal clear that we see to it that this is done in a proper China. This crucial legislation will help en- would not approve PNTR with this way. As a result, it seems to me unnec- sure our economic prosperity, reinforce our issue outstanding. I prepared an essary to pursue the amendment which work on human rights, and enhances our na- amendment and filed it with the clerk. I had earlier filed. tional security.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8479 Normalizing our trade relationship with it is only semantics. But many Senators will predecessors, he has left his successor a tin- China will allow American workers, farmers, want to know whether they are being asked derbox situation in the Taiwan Strait. and businesspeople to benefit from increased to approve PNTR under conditions laid down That is why Mr. Clinton knows China’s ac- access to the Chinese market. It will also solely by China, with little regard for U.S. cession to the WTO is about much more than give us added tools to promote increased interests. the mutual benefits of expanded global openness and change in Chinese society, and We have argued here that granting China trade. He’s gambling it will head off—Com- increase our ability to work with China PNTR as a prelude to China’s admission to munist Party or no—the kind of militant across the road range of our mutual inter- the WTO is a good idea. It would open China Chinese nationalism that could spark a ests. further to Western trade and investment, shooting war across the Taiwan Strait, force I want to address two specific areas that I hastening the development in China of free a U.S. military response and perhaps envelop understand may be the subject of debate in enterprise and a propertied middle class. A the rest of Asia. the Senate. One is Taiwan’s accession to the more enlightened and influential electorate Thus, the peace dividend; within China, World Trade Organization (WTO). There will gradually demand more explicit civil WTO will empower a bloc of interests favor- should be no question that my Administra- rights and require governments at all levels ing outward-oriented growth and the condi- tion is firmly committed to Taiwan’s acces- to become more responsive to the wishes of tions required to secure it, including peace sion to the WTO, a point I reiterated in my the people. and the rule of law. Dependent on Taiwanese September 8 meeting with President Jiang But we also have supported the right of the and Western commerce, China would recon- Zemin. Based on our New York discussions Taiwanese, who already have a functioning sider military adventurism as too costly and with the Chinese, I am confident we have a democracy, to chart their own course toward counterproductive. common understanding that both China and better relations with the mainland, without It all sounds good. Indeed, China’s mem- Taiwan will be invited to accede to the WTO undue pressure from Beijing. This attitude bership in the WTO is, in the words of one at the same WTO General Council session, toward Taiwan is shared by an influential observer, the ‘‘Rubicon of its opening to the and that Taiwan will join the WTO under the bloc in Congress that won’t appreciate Mr. outside world,’’ since all previous efforts to language agreed to in 1992, namely as the Jiang laying down conditions for Taiwan’s integrate its economy with the world trading Separate Customs Territory of Taiwan, WTO membership. It is well known in Con- community have been unsuccessful. But this Penghu, Kinmen and Matsu (referred to as gress that Taiwan qualified, in a technical assumes a lot. ‘‘Chinese Taipei’’). The United States will sense, for membership a long time ago. It It assumes China’s behavior amid change not accept any other outcome. was thought that Taiwanese membership will be predictable, that it will set aside the The other area is nonproliferation, specifi- was an implicit part of the deal that grants longstanding historical grievances and na- cally the proposals embodied in an amend- China PNTR. tionalist claims that fuel its commitment to ment offered by Senator Fred Thompson. If there has been a dangerous misunder- an extension of regional power in Asia Preventing the proliferation of weapons of standing here, it is largely Bill Clinton’s through the acquisition of nuclear, chemical mass destruction and the means to deliver fault. On his visit to China in 1998 he impru- and biological weapons. It assumes that, in them is a key goal of my Administration. dently agreed to what the Chinese govern- the absence of stronger cooperative security However, I believe this amendment is unfair ment called the ‘‘Three No’s.’’ At the root of ties with Europe and Japan and deterrents and unnecessary, and would hurt our non- these three demands was the requirement such as theater missile defense, future U.S. proliferation efforts. that the U.S. not grant Taiwan admission to administrations will be able to ‘‘manage’’ re- Nonproliferation has been a priority in our any world body that required statehood as a lations with China. dealing with China. We have pressed China condition of membership. While that didn’t In the best of the possible worlds we imag- successfully to join the Non-Proliferation specifically apply to the WTO, Mr. Clinton’s ine, international economic institutions like Treaty, the Chemical Weapons Convention, agreement was tantamount to allowing the WTO may very well help spread among the Biological Weapons Convention, and the China to set the conditions for future West- some nations the practice of a decentralized Comprehensive Test Ban Treaty, and to ern policy toward Taiwan. It came close to and pluralistic brand of governance. But cease cooperation with Iran’s nuclear pro- an acknowledgement that Taiwan is a Chi- trade agreements and their trickle-down ef- gram. Today, we are seeking further re- nese province. fects alone cannot suffice for a coherent, straints, but these efforts would be sub- So now Mr. Jiang feels emboldened to long-term national security policy that verted—and existing progress could be re- come to the U.S. and give speeches implying squarely faces up to the realities of Amer- versed—by this mandatory sanctions bill that Taiwan must accept China as it parent ica’s emerging strategic threats. which would single out companies based on if it wants to get the same trading privileges At the least the debate will serve notice an unreasonably low standard of suspicion, that the Senate is about to grant to China. that some very sensible people in the Senate instead of proof. It would apply a different No doubt Mr. Jiang was inspired by other re- realize the U.S. cannot hang its future secu- standard for some countries than others, un- cent U.S. concessions. rity relationship with China, and Taiwan, on For example, because of Chinese objec- dermining our global leadership on non- WTO, as President Clinton seems to have tions, the Dalai Lama was not allowed to proliferation. Automatic sanctions, such as done. It remains for the next Administration participate in the religious gathering that cutting off dual-use exports to China, would to fix this mistake. preceded the summit. China’s harsh control For now, WTO is the matter before the hurt American workers and companies. of Tibet, like its hoped-for acquisition of Senate. It is too bad that Mr. Jiang and Mr. Other sanctions, such as restricting access to Taiwan, is seen by Beijing as nobody else’s Clinton have gone out of their way to make U.S. capital markets, could harm our econ- business, and one might easily get the im- it difficult for Senators to vote in favor of omy by undermining confidence in our mar- pression that the Clinton Administration this otherwise positive step in U.S.-China re- kets. I believe this legislation would do more agrees. lations. harm than good. Given all the kow-towing that Bill Clinton The American people are counting on the has done, not to mention the China angle in U.S. SENATE, Congress to pass H.R. 4444. I urge you and the Clinton-Gore campaign fund-raising Washington, DC, July 27, 2000. your colleagues to complete action on the scandals, it was no surprise that the Chinese President WILLIAM J. CLINTON, bill as soon as possible. president treated him with some disdain The White House, Washington, DC. Sincerely, when the two sat down for a chat last Fri- DEAR MR. PRESIDENT: As the Senate nears BILL CLINTON. day. Mr. Clinton, in yet another concession consideration of legislation extending per- to China, had just announced that his Ad- manent normal trade relations to the Peo- [From the Wall Street Journal, September ministration would make no further efforts ple’s Republic of China (PRC), we are writing 12, 2000] to build a national missile defense. When Mr. to express concern that Beijing may be plan- JIANG MUDDIES THE WATERS Clinton raised the issue of missiles as a ning to take actions that would have the ef- Chinese President Jiang Zemin is nothing threat to Western security, Mr. Jiang re- fect of blocking Taiwan’s accession to the if not a gambler. Just days before this sponded with silence. And when Taiwan World Trade Organization (WTO). According week’s crucial U.S. Senate vote on granting came up, he favored Mr. Clinton with a long to press reports, the PRC recently offered a China permanent normal trade relations monologue laying out China’s historical proposal at the WTO calling for that organi- (PNTR) with the U.S. Mr. Jiang raised an claims to Taiwan. In short, Mr. Clinton got zation to recognize the PRC’s position that issue that will have many Senators seeing a cold shoulder on both of these important Taiwan is part of the mainland. Taiwan is red. He said, in effect, that Taiwan should issues. the United States’ eighth largest trading not be admitted to the World Trade Organi- These are the fruits of a Clinton policy partner, and we support its admission to the zation on any conditions other than those that has, in effect, left Taiwan blowing in WTO as soon as it meets the criteria for set by Beijing. the wind. Try as he may now, Mr. Clinton is membership. Addressing a business group during his hard pressed to put a positive spin on his On several occasions, Administration offi- visit to New York for the United Nations China legacy. The nuclear proliferation cials have indicated that Taiwan’s accession summit, Mr. Jiang said that of course Tai- issues that have bedeviled Sino-U.S. rela- to the WTO would closely follow the PRC’s. wan could join the WTO, but only as a part tions since he took office in 1993 remain es- For example, in February, U.S. Trade Rep- of China. Now, this statement is subject to sentially unresolved. And by violating the resentative Charlene Barshefsky testified to various interpretations, and some might say security assurances of his Republican Party the House of Representatives that ‘‘. . . the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8480 CONGRESSIONAL RECORD — SENATE September 13, 2000 only issue with respect to Taiwan’s [WTO] the island and the mainland and China’s at- Paarlberg, who is a professor of polit- accession . . . pertains to timing . . . there tempts to coax Taipei into unification. It ical science at Wellesley College, enti- is a tacit understanding . . . among WTO also revives a debate that has simmered for tled ‘‘China Trade Boosts Farmers,’’ members in general—but also, frankly, be- years in working groups negotiating terms subtitled, ‘‘Senate should back PNTR.’’ tween China and Taiwan—that China would for Taiwan’s entry to WTO and its prede- enter first and China would not block in any cessor, GATT. Farm state legislators should be particu- way Taiwan’s accession thereafter, and that Taiwan applied to join the General Agree- larly sensitive to the fact that China’s join- might be immediately thereafter or within ment on Tariffs and Trade in 1990 as ‘‘the ing the WTO will be a pre-emptive strike days or hours or seconds or weeks. . . .’’ customs territory of Taiwan, Penghu, benefiting American farmers. Membership in Later that same month, in response to a Kinmen and Matsu,’’ thereby avoiding the the WTO will preclude China from later rais- statement by Sen. Roth that ‘‘there’s a great questions of sovereignty and statehood. ing trade barriers on agricultural products. deal of concern that Taiwan might be Penghu, Kinmen and Matsu are small island It is a very thoughtful, factual, and blocked [from entering the WTO] once China groups under Taiwan’s control. GATT and persuasive article. In view of the ser- secures such membership,’’ Ambassador now WTO rules allow regions in control of endipitous visit to this Chamber by our Barshefsky testified ‘‘. . . the United States their trade but without full statehood to join former colleague, I ask unanimous con- would do everything in our power to ensure as separate territories. Under a 1992 agreement that allowed sepa- sent that it be printed in the RECORD. that that does not happen in any respect be- There being no objection, the article cause Taiwan’s entry is also critical.’’ rate working groups to negotiate Chinese We respectfully request that you clarify and Taiwanese bids, GATT members ac- was ordered to be printed in the whether your Administration continues to knowledge China’s sovereignty claim to Tai- RECORD, as follows: believe that Taiwan’s entry to the WTO is wan and out of deference said Taiwan could [From the Washington Times, Sept. 11, 2000] critical, whether you remain committed to only join after Beijing. CHINA TRADE BOOSTS FARMERS Sun, the Foreign Ministry spokesman, in- that goal, and whether you remain convinced SENATE SHOULD BACK PNTR that Taiwan will enter the WTO within days sisted that the 1992 agreement recognized (By Rudy Boschwitz and Robert Paarlberg) after the PRC’s accession. Furthermore, is Taiwan as a separate customs territory of the Administration aware of any efforts by China. Executive branch officials routinely exag- the PRC to impose extraordinary terms and Mr. KYL. In conclusion, as I said in gerate the expected payoffs from new trade agreements to win support for those agree- conditions on Taiwan’s accession to the the beginning, I think this is good news WTO? What specific assurances has Beijing ments in Congress. The recent U.S.-China for the Senate, for the House, for the agreement setting terms for China’s protocol provided regarding the timing and substance administration, and for all friends of of Taiwan’s accession to the WTO? And what for accession to the World Trade Organiza- steps has your Administration taken to en- Taiwan and for those who believe both tion (WTO) has been hyped accordingly. Yet sure that Taiwan will in fact join the WTO in permanent normal trade relations in the area of agriculture, the gains from immediately following the PRC’s accession? with China, as well as the entry into this new agreement are actually greater We would appreciate a response to this in- WTO of both China and Taiwan; cer- than U.S. officials have so far dated to claim. Additionally, farm state legislators should quiry by August 18, in order to consider its tainly Taiwan entering in terms that contents prior to Senate debate on extending be particularly sensitive to the fact that Chi- are appropriate as a trading partner of na’s joining the WTO will be a preemptive permanent normal trade relations to the the United States, as a separate cus- PRC. strike benefiting American farmers. Mem- Sincerely, toms territory and not as a province of bership in the WTO will preclude China from Jon Kyl, Orrin Hatch, Larry Craig, Mike China. later raising trade barriers on agricultural Enzi, Don Nickles, Trent Lott, Bob This is good news. I hope it portends products. Every other nation has raised such Smith, Frank Murkowski, Conrad an early conclusion to the discussions barriers as it has become industrialized. Burns, Gordon Smith, Wayne Allard, that will form the basis for accession Furthermore, on joining the WTO, China James Inhofe, Mike DeWine, Fred would undoubtedly find reason to curtail in- by both China and Taiwan into WTO. I ternal subsidies. Such subsidies would surely Thompson, Mitch McConnell, Slade appreciate the cooperation, as I said, of Gorton, Pete Domenici, Jesse Helms, further increase China’s agricultural produc- my colleagues here as well as the rep- tion. China has already found such subsidiza- Connie Mack, Tim Hutchinson, Mike resentatives of the President and the Crapo, Arlen Specter, Strom Thur- tion to be costly and to cause grain surpluses mond, Jeff Sessions, Jim Bunning, President himself. that are both hard to store and cope with. The official claim, from the U.S. Depart- Spencer Abraham, Craig Thomas, Rob- Mr. ROTH. Will the Senator yield? ment of Agriculture, is that China’s partici- ert Bennett, Phil Gramm, Susan Col- Mr. KYL. I yield. pation in the WTO will produce an annual lins, Dick Lugar. Mr. ROTH. Mr. President, I congratu- late the Senator for the leadership role gain of $1.6 billion in new U.S. exports of grains, oilseeds and cotton by 2005. It will SEPTEMBER 7, 2000. he has played on this important mat- also lead to $350–$450 million annually in ad- CHINA ASSERTS CLAIM OVER TAIWAN ter. I think all of us feel very strongly ditional U.S. exports of other products such BEIJING (AP).—Pushing its claim over Tai- that Taiwan must and should become a as poultry, pork, beef, citrus, other fruits wan into complex trade negotiations, Beijing member of WTO. Under no cir- and vegetables, and forest and fish products. insisted Thursday that the World Trade Or- cumstances should this imply a change This optimism is well-founded, since under ganization only admit Taiwan as a part of in its trading status. Taiwan is our the agreement China has agreed to allow im- China. eighth largest trading partner—isn’t ports of a minimum of 7.3 million tons of The demand by Beijing threatens to im- that correct? It would be ironic if her wheat virtually duty-free (only a nominal 1 pede Taiwan’s membership bid as both the is- percent tariff), and this quantity will in- land and China near the end of their separate status did not change. She is qualified. crease to 9.3 million tons over five years. years-long negotiations to join global trade’s I think all the work has been com- Those tonnages represent 11 to 15 percent of rule-setting body. It also complicates a de- pleted for her to become a member. the wheat crop in the United States. For soy- bate in the U.S. Senate this week on whether I want to tell my colleague how bean and soybean meal imports, China’s cur- to approve a WTO pact with China. much I appreciate the leadership he rent tariffs will be located in at 3 percent Influential senators released a letter from has provided. and 5 percent respectively, and for soybean President Clinton on Wednesday weighing in Mr. President, I suggest the absence oil China will reduce and bind its current on Taiwan’s side. Clinton wrote that his ad- of a quorum. tariff from 13 percent to 9 percent—and in- ministration opposes Chinese efforts to call The PRESIDING OFFICER. The crease the quota of imports allowed under Taiwan ‘‘a separate customs territory of this lowered tariff from 1.7 to 3.2 million China.’’ clerk will call the roll. tons over the six year implementation pe- Brushing aside the opposition, Chinese The bill clerk proceeded to call the riod. Foreign Ministry spokesman Sun Yuxi said roll. Those numbers also represent a meaningful Thursday that China wanted its sovereignty Mr. MOYNIHAN. Mr. President, I ask percentage of our production. For corn, claim to Taiwan written into the terms for unanimous consent that the order for China has agreed to allow imports of 4.5 mil- Taiwanese membership to WTO. the quorum call be rescinded. lion tons (at just a 1 percent tariff) increas- ‘‘The Chinese side has a consistent and The PRESIDING OFFICER (Mr. SES- ing to 7.2 million tons. It also promises to clear position: Taiwan can join WTO as a SIONS). Without objection, it is so or- stop using export subsidies to dump its own separate customs territory of China,’’ Sun dered. surplus production (roughly 8 million tons of said at a twice-weekly media briefing. He ac- corn this year) onto other markets in East cused Taiwan of using the WTO negotiations Mr. MOYNIHAN. Mr. President, just Asia, opening up still more trading space for to engage in separatism. 2 days ago, the Washington Times car- highly competitive U.S. corn exporters. The dispute over what the WTO should call ried a fine article by our former col- These market-opening gains are impressive Taiwan underscores the 51-year split between league, Rudy Boschwitz, and Robert measured against the standard of China’s

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8481 current farm trade policies. Yet they are While we will be concerned with such as China. Even if China’s eco- even more impressive if measured against many more issues that seem more im- nomic growth and military moderniza- China’s likely future farm trade posture, ab- portant to individual Senators, and tion appear to be threatening, our rela- sent any WTO disciplines. The new agree- certainly we will be looking after our tionship with China will evolve within ment does not simply codify future farm the context of a very different world, a trade liberalizations that China might have parochial interests in our sovereign been expected to undertake anyway. Instead, States as we work as Senators—and world increasingly reliant on informa- it operates pre-emptively against what that is all very important—but when tion to achieve economic growth, pros- might have otherwise been a damaging in- we look at America and what she perity, and jobs. crease in Chinese farm sector protection. stands for in the world as it is evolving Anyone who has gone to China re- The tendency of all nations as they indus- and developing, the final vote on this cently or, for that matter, watched re- trialize is to increase policy protection in measure is probably the most signifi- cent television programming regarding the agricultural sector. what is going on with the labor force in Earlier in the 20th century, industrial de- cant vote we will take this year and maybe in many years. China will know that Chinese men and velopment has also helped bring differing de- Chinese women will move to get good grees of farm sector protection to most of Senator ROTH, I repeat, said that. I Europe and to the United States. Continued agree wholeheartedly. I am quite sure jobs. They are already moving from the countryside to the cities without any rapid industrial development in China might the tenor of Senator MOYNIHAN’s sug- thus have been expected, before long, to trig- gestions—I have not been privileged to retribution. They are smiling. They are ger an increase in China’s farm trade protec- hear them here with the Senate—would taking risks because they see the op- tion from the current level. It is fortunate portunity to get a good paycheck. agree with that. This is a very impor- that China will now come into the WTO and Make no bones about it, they want jobs tant issue. bind its protection levels for agriculture be- that pay them money so they can move This is the one vote that will be fore this natural, post-industrial tendency to up their standard of living in this heard around the world. This is the one extend lavish protection to relatively ineffi- world. cient farmers has expressed itself. vote which recognizes that countries That force, if turned loose in China, This is good for U.S. agricultural export- must play by the same rules in a ers, but the Chinese know it is good for them will change China forever. In par- globalized market if the market is to ticular, since China does not have the as well, which is why they are doing it. The be efficient and function properly. Chinese do not want to be stuck several dec- kind of central government the Soviet ades from now struggling, like the Japanese We hear so much talk about what is Union had, although we have from time and the Europeans, to escape a costly and happening to the world—globalization. to time called them both Communist burdensome system of subsidies to ineffi- International trade, as part of countries, they are certainly very dif- cient farmers. China’s agricultural policies, globalization, must be efficient and ef- ferent in terms of the ability to control which are not yet heavily protectionist, have fective. people and whether or not the central nonetheless already begun to generate peri- This is the one vote that will do a government really has as much control odic surpluses of corn, wheat, and rice, and great deal to encourage democracy for or is as despotic as the government officials have learned these surpluses are ex- one in five people living on this Earth. pensive to store at home and costly to export that was managed by a small oligarchy under subsidy. China welcomes the import I say encourage democracy because I in the Soviet Union. policy disciplines it is accepting in WTO as truly believe this is the one vote that I am not suggesting the trade, the an incentive to avoid moving toward costly invites China to be our trading partner Internet and computers will topple au- farm subsidy policies in the years ahead. and, at the same time, determines thoritarian structures in China over- All that remains is for the U.S. Senate to whether American manufacturers, night, but I do believe that for many approve Permanent Normal Trade Relations farmers, and service industries will get years information control was equiva- (PNTR) for China, so that U.S. farmers will the benefit of trade and of an agree- lent to people control, but information be able to share in the gains from this new trade liberalizing agreement. Without a ment pursued and negotiated by three control is quickly becoming more and PNTR policy in the United States, the ex- different American Presidents. more impossible. panded agricultural trade benefits from Chi- They cannot all be wrong. As a mat- Exposure to our economic system na’s accession to the WTO are likely to be ter of fact, they were all right. China is through trade, telecommunications, captured more by farmers in Canada or Aus- joining the WTO and have implemented and the Internet will encourage strides tralia, and less by the United States. a lot of reforms in order to be eligible. toward freedom, in my humble opinion. With the U.S. farm sector currently strug- Furthermore, it has made promises to For every argument that China is a gling under a burden of low prices brought do certain other things. So that the risk to America’s future, I argue that on in part by sluggish exports to East Asia, China trading with America is a move the China option is not one to be missed. U.S. can benefit from this new WTO Farm state legislators in Congress need to members’ market, Congress needs to in a direction of freedom that takes see these facts clearly when the time comes grant permanent normal trade rela- away from the risk of the future, takes to vote on PNTR status for China. tions to China. It just took us a long away from the risk of a centralized Mr. MOYNIHAN. Mr. President, see- time to understand and to work our powerful Chinese Government being ing no Senator seeking recognition, I way to this day when granting China dangerous to the world. Not that they suggest the absence of a quorum. permanent trade relations is finally be- are not, not that they could not be, but The PRESIDING OFFICER. The fore us. I submit it will be more and more dif- clerk will call the roll. On the subject of PNTR for China, ficult for that to occur as free trade The bill clerk proceeded to call the Chairman Greenspan said: permeates the cities and suburbs of roll. History has demonstrated that implicit in China and the people who live there Mr. DOMENICI. Mr. President, I ask any removal of power from central planners and the businessmen who will prosper unanimous consent that the order for and broadening of market mechanisms . . . by it. the quorum call be rescinded. is a more general spread of rights to individ- I offer that while it is not at issue, The PRESIDING OFFICER. Without uals. Such a development will be a far education is another catalyst for eco- objection, it is so ordered. stronger vehicle to foster other individual nomic freedom and democracy. Chinese Mr. DOMENICI. Parliamentary in- rights than any other alternative of which I students attending American univer- quiry. Is it appropriate for the Senator am aware. sities is an important part of any effec- from New Mexico to speak at this That is precisely what globalization tive economic trade and foreign policy point? and international trading—China trad- for the United States. I know there are The PRESIDING OFFICER. The Sen- ing with America—have a chance to do. a lot of young Chinese coming to ator is recognized. Exposure to democracy and cap- American universities to be students Mr. DOMENICI. Mr. President, this italism, information, and tele- here, and living our way of life while bill before us is a decisive step toward communications and communication they get educated. I asked my staff to normalizing trade relations with technology will increasingly influence find out just how many. Fifty thousand China. Chairman ROTH has character- the course of global affairs, without Chinese students from China now, not ized this vote, the one we will make on any question. Taiwan—attended American univer- this bill, as the most significant vote Imagine what Internet success means sities last year. The number grows by we will take this Congress. I agree. to a one-party, authoritarian state the thousands every year.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8482 CONGRESSIONAL RECORD — SENATE September 13, 2000 The important thing is that these consin issue, but New Mexico is now burden to the growth of cellular students are not studying math and ninth among all of the sovereign States phones. Maybe the word ‘‘burden’’ is science and culture by remote control. in terms of the production of dairy wrong, but at least cellular will not They are doing this by being physically products. That is why it turns out we grow as fast. present in American cities across this are working with China. Now enter into a Chinese city where land. I submit, the more the young peo- PNTR and China joining the WTO they do not have any telephone poles, ple of China experience America and will be a big help for the New Mexico and all of a sudden they have cellular are exposed to American freedom and producers of milk products, as the Chi- phones. They will never build tele- watch capitalism work in America, the nese people get the opportunity to phone lines. That is why you can say more likely it becomes that the future compare the comparative culinary they will go from 40 million to 70 mil- of China will be subtly but unalterably merits of Domino’s, Pizza Hut, and lion in 1 year. And who knows there- influenced in a positive direction. even Papa Johns. I know my friend after? Whether these Western-educated, from New York is not here working on I guess we could then ask, how many young Chinese people are involved in this agreement because he wants to see telephone poles could they put in the politics or business—I would add in more Pizza Huts in China, but I think ground? And how many telephone lines science or math or physics—their views he would not disagree that the United could they put up? While this was not about democracy and the free market States has an array of export opportu- part of my prepared text, I would spec- economics will not be controlled or nities from State to State. When you ulate that they are not doing hundreds dominated by the so-called party. add all those up, they do go as far as of thousands of miles of telephone Over the long run, experience and ex- the ingredients that go into a pizza, all lines. Why would they? They would posure will have a direct and signifi- the way to the ingredients and intellec- just leapfrog to the newest technology. cant impact on mainland China. And tual knowledge that goes into making And that is what they began to use. the leaders know what is happening. fancy computer chips or to make any- That is what they will use for a long The Chinese leaders do not attempt thing that China makes and sells to time hereafter. to stop their students from coming to the world. Some have argued that PNTR is an the greatest universities in the world The tariff on agricultural products attempt to move manufacturing jobs and get educated in the best way in the will drop. It will drop from 50 percent overseas. That is an argument we have world. In fact, sometimes I think they to 10 percent on cheese products; from to confront every time we talk about must be aware that there is a better 35 percent to 10 percent for lactose and lowering trade barriers with some way than what they have in their coun- whey, both of which are produced in country in the world. It was the same try, and to some extent they may large quantities in the States of the argument when created the North think a better way is substantially the United States that have many dairy American Free Trade zone with Mex- free way, the American way. cows and much milk production. ico, I say to my good friend from New China is a big, big market. It has It is not well known that Intel Cor- York. been estimated that the PNTR would poration manufactures flash memory Let me illustrate that this is not the increase U.S. exports to China by about microchips in its Rio Rancho plant in case with reference to that contention. $13 billion annually and will grow New Mexico, right next to Albu- Last week, Intel broke ground on a new every sector of this economy. China is querque. Flash memory chips are used fabrication plant in Rio Rancho, NM. densely populated. It is a country in in cellular phones, digital cameras, This expansion had a total cost of $2 which one in five people alive today personal computers. billion. live. Think of that. This is largely an The flash memory chips are sent to Mr. MOYNIHAN. Two billion. open, untapped market, both for the Shanghai for assembly and testing be- Mr. DOMENICI. It will provide 500 to mind and for substances of trade. fore they are shipped to customers 1,000 more jobs for New Mexico, highly I will comment on my State, which is worldwide. In 2000, Intel earned over paid, skilled jobs. not looked at as an exporting State, $500 million in revenue from the flash Obviously, local businesses will also but direct exports from New Mexico to memory chips manufactured in New profit from this expansion. That is China totalled $235 million in 1999; and Mexico and tested in China. Both China what expanded trade with China means adding indirect exports through Hong and New Mexico added profit to the to Americans and to New Mexicans. Kong, brings our total to about $320 to product as it moved its way to market. I gave you the example of the $2 bil- $350 million. If we do not grant PNTR status to lion investment because that invest- We often hear the expression ‘‘every- China, it is quite obvious that some- ment is made to make one phase of the thing from soup to nuts’’ to describe body else will take our place in each of computer chip that I just described. something very comprehensive, some- these markets that I have described for The other phase will be done in China. thing widespread. An apropos variation my State in terms of being a manufac- Both countries will gain employment of this colloquialism is ‘‘China-New turer of products. Obviously, someplace and will gain in terms of the produc- Mexico trade covers everything from else in the world can decide, if we are tion of items that add to our respective chips to cheese.’’ going to leave that trade barrier up, in- gross national products. I do not know Agricultural tariffs will be cut by stead of reducing it 50 percent and 30 which will have more. I would assume more than half. New Mexico has, be- percent, as I have described, to get the they would have a few more workers lieve it or not—and this is not because business and the profit margin, where a doing theirs, but we will have the mas- PETE DOMENICI is of Italian extraction, foreign business could have the tariff ter plant with the most modern tech- whose mother and father came to New rate that is not being adjusted. nology. Mexico as immigrants—the largest China is discovering the necessity for The challenge to America in an inter- mozzarella cheese plant in all the cellular phones. I am talking about a national global market is the risk that world. The mozzarella cheese for all of product with which we are all becom- we are taking, and it is singular. It is those delis they have in New York, ing very familiar. There were 40 mil- one. It is that we will not be able to where does it come from? New Mexico. lion cellular phones in China last year. produce the high-tech, high-paying jobs And so is the case for China; it comes This year, the estimate is 70 million. ahead of the rest of world and keep from New Mexico. They are one of our By 2003, China has projected to have them here. That is really the only chal- large importers of that cheese, and more cell phones in use than any other lenge. If we can do that, and train our many other cheese products made in country on the globe. people sufficiently to do that, we will our State. You can understand that because, win all the time because we will keep Incidentally, I say to Senator MOY- you see, to some extent cellular phone the high-paid, highly skilled jobs here, NIHAN, while time has been passing, use in America was inhibited by poles, as we are currently doing vis-a-vis a New Mexico has been growing in terms with telephone lines, and telephones country such as China or other coun- of dairy cows and as part of American that are attached to them. We had that tries in the world. milk production. Everybody thinks before cellular phones were invented. So granting PNTR to China makes dairy product production is a Wis- While we think that is great, it is a practical economic policy, and it

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8483 makes good foreign policy. I think they let that happen. We went from Govern- do we include one-fifth of mankind in are tied together in this case. ment ownership to no ownership to the world’s system we wish to create, I have had an opportunity to talk to oligarchs who substituted here in the we have created, and are creating, or Henry Kissinger, who I happen to know middle who became powerful, rich peo- do we say, no, you are out, and invite quite well from a long, long time ago, ple who put these businesses together; hostility that could spoil the next half when he came to my State with his bought them from the Government. century? young son who is now grown up and is Now a few groups own more businesses We have not. Today we voted by a involved in the movie production busi- than anybody expected in Russia and two-thirds majority to go forward. I ness. He was 13 when he joined his fa- do not run it in any way consistent thank the Senator for his vote and his ther in my city doing an event for me with Russia’s future. It is just their leadership throughout. It is a cheering when I was a young Senator. He talked own. Whether they pay taxes or not is experience in what has not been always about the global policy significance, their business. That is the way things a cheering year. not just its economic significance. I go. It is not so good. Mr. DOMENICI. Will the Senator agree. I agree that there is no doubt Let me talk about this trend that is yield? that this is good trade policy and good occurring in China. I think it is excel- Mr. MOYNIHAN. Mr. President, I foreign policy. lent. It is a great sign because a grow- yield. Mr. DOMENICI. Mr. President, I Grant PNTR is practical economic ing market-based economy is the most thank Senator MOYNIHAN for those policy, but it is also inescapable eco- effective path to democracy for China kinds words and for his last observa- nomic policy because it is impossible, and should be encouraged as part of the in this era of globalization, for the tion. American policy with other free na- Perhaps Mr. Shapiro said it more elo- United States to fence off 20 percent of tions in the world. quently than I. I consider it one of the the world’s population and refuse to There have been a lot of amendments most important events, and I described trade with them on the same trade offered to this bill. I owe the Senators that early on as I see it. terms we trade with others. Trade rela- who offered them, individually or for I would add one observation. I ask tions with China are not the same as themselves and others, an explanation the Senator if he shares this. Frankly, they were in 1979 when China and the of why I voted against each and every I think it is very important, when United States first resumed diplomatic one. Some of them are very good. Some China is granted PNTR, when it be- relations. At that time, all trade of them, if freestanding and not bur- comes a member of WTO, that they not flowed through the Chinese Govern- dening a measure of this magnitude, I leave with the American people in the ment in the form of state-owned enter- probably would have come down and next few years, that they not let activ- prises. Today the private sector ac- even debated. I did not. I did not come ity on their part happen which would counts for nearly 70 percent of China’s and talk on any of them because I was let Americans think that they are dis- output. Maybe I would put it dif- not going to vote for any. It appeared criminating against the purchase of ferently because some of these centers to me that my responsibility as a Sen- American goods and services. If we are of trade, we don’t know whether they ator was to see that this legislation got competitive in this world, whether it are private sector, as we understand through here, at least as much as I be in services or in products or in agri- them, but the nongovernment sector, could. That meant don’t add amend- cultural products, we don’t expect nonowned by the Government, is near- ments to it that are apt to make it im- China to control that through its Gov- ly 70 percent of the Chinese output possible for this legislation to get ernment but rather leave it to the free compared with 30 percent Government- passed and sent to the President for and open market or, indeed, Americans owned. signature. will look at this as a sham. We understand the Government is I consider this to be the most impor- Mr. MOYNIHAN. Yes, sir. not too happy with owning even the 30 tant event of this year and maybe of a Mr. DOMENICI. Our companies are percent because they really don’t know couple years. While it does not come telling us they can compete. I know of how to run it. They are seeing what is out of my committee, I have been in- many areas they can compete, and happening in the competitive world, formed on it. I worked on it. I am very they are not competing because of and big policy discussions are occur- proud of the Finance Committee and in trade barriers, because of tariffs, and ring there as to what do they do about particular the chairman, the distin- because of the selectivity of some of that situation. They have observed and guished Senator from Delaware, Mr. the governmental entities in terms of have learned what happened to state- ROTH, and obviously, the ranking mem- who they pick and choose. That part is owned businesses in the former Soviet ber, the distinguished Senator from a little risky on their end. It may be a states, and they went from total own- New York. small amount of product, but it could ership to nobody wanting ownership. Mr. President, I yield the floor. be a very big wave if they are not care- There was nothing in between. We have The PRESIDING OFFICER. The Sen- ful. the former Soviet Union, at least Rus- ator from New York. Mr. MOYNIHAN. Mr. President, if I sia, with an economic production ma- Mr. MOYNIHAN. Mr. President, be- might respond, there is an extraor- chine that has been reduced to almost fore our beloved chairman of the Budg- dinary symmetry to what we are doing nothing. We will soon be comparing the et Committee, the Senator from New today. Toward the end of the Second total gross domestic product of Russia Mexico, leaves, may I thank him for World War, when China was our ally, with one of the smaller countries in his remarks. All anyone need say is we gathered at Bretton Woods in New Europe. Imagine that. what he has said. I would just supple- Hampshire and drew up the plans for Mr. MOYNIHAN. Will my distin- ment them with one comment to rein- what became the World Bank, the guished friend yield for a question? force what he has said. We, the Finance International Monetary Fund, and an Mr. DOMENICI. I am pleased. Committee, held a long series of hear- International Trade Organization to es- Mr. MOYNIHAN. Would he know that ings on the bill. It happens, in the last tablish common rules for trade that the current best estimate is that the paragraph of the last witness, the Hon- would be abided by, a rule of law that GDP of Russia is now approximately orable Ira Shapiro, who has been pre- could be adjudicated and settled. China that of Switzerland? viously our chief negotiator for Japan was a full participant at the Bretton Mr. DOMENICI. I wouldn’t. and Canada at the Office of the U.S. Woods Conference. China joined the Mr. MOYNIHAN. And that sequence, Trade Representative, said thus: General Agreement on Tariffs and exactly as he has described it, total This vote is one of an historic handful of Trade after the International Trade Or- ownership to no ownership, as against congressional votes since the end of World ganization, sir, was defeated in the the transformation before our eyes, is War II. Nothing that Members of Congress do Senate Finance Committee. taking place in the PRC. this year or any other year could be more They withdrew after the Chinese Red Mr. DOMENICI. That is absolutely important. Army overran the mainland. But now correct. I might add that what is hap- He was not simply speaking of trade the People’s Republic has asked to pening in Russia, the Chinese have seen and the standard of living. He was talk- come back and join the revived Inter- very clearly. They are never going to ing about the large geopolitical fact of national Trade Organization, now the

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8484 CONGRESSIONAL RECORD — SENATE September 13, 2000 World Trade Organization, which has Mr. FEINGOLD. Mr. President, I ask against consideration of the resolution) are rules that are to be abided by, and non- unanimous consent that reading of the waived. The motion is highly privileged in discrimination is the first rule. amendment be dispensed with. the House of Representatives and is privi- That is why this measure is so impor- The PRESIDING OFFICER. Without leged in the Senate and is not debatable. The tant because we could not be in the motion is not subject to amendment, or to a objection, it is so ordered. motion to postpone, or to a motion to pro- WTO with China if we had a provision The amendment is as follows: ceed to the consideration of other business. that we must renew normal trade rela- (Purpose: To make technical changes relat- A motion to reconsider the vote by which tions status once a year. No, but each ing to the recommendations of the Con- the motion is agreed to or disagreed to shall of us must abide by the rules. It is now gressional-Executive Commission on the not be in order. If a motion to proceed to the up to the vigilance of our Department People’s Republic of China) consideration of the resolution is agreed to, of Commerce, the Trade Representa- On page 44, beginning on line 4, strike all the resolution shall remain the unfinished tive, American business, and labor through page 45, line 12, and insert the fol- business of the respective House until dis- unions to see to it that the rules are lowing: posed of. abided by. You can’t hope for more. (g) ANNUAL REPORTS.—The Commission (4) The provisions of paragraphs (1) Let us go forward in confidence and shall issue a report to the President and the through (3) are enacted by determination, as the Senator de- Congress not later than 12 months after the Mr. FEINGOLD. Mr. President, this scribed. I thank the Senator. date of the enactment of this Act, and not amendment will increase the strength Mr. DOMENICI. I thank the Chair. later than the end of each 12-month period and the relevance of the Congressional- Mr. MOYNIHAN. I yield the floor. thereafter, setting forth the findings of the Executive Commission on the People’s The PRESIDING OFFICER. The Sen- Commission during the preceding 12-month Republic of China. period, in carrying out subsections (a) It is no secret that I oppose H.R. 4444, ator from Colorado is recognized. through (c). The Commission’s report shall Mr. ALLARD. Mr. President, I know contain recommendations for legislative or the bill extending permanent normal my colleague from Wisconsin has been executive action, including recommenda- trade relations to China. I believe it is here before me. I have been asked by tions indicating whether or not a change in a mistake to institutionalize a separa- the majority leader to make a unani- China’s trade status is merited. tion between our trading relationship mous consent request. As soon as I (h) SPECIFIC INFORMATION IN ANNUAL RE- with China and our concerns regarding make it, I hope the Chair will recognize PORTS.—The Commission’s report under sub- the deteriorating human rights situa- my colleague from Wisconsin. section (g) shall include specific information tion in China. I believe this Mr. President, I ask unanimous con- as to the nature and implementation of laws compartmentalization of American in- sent that there be 30 minutes equally or policies concerning the rights set forth in terests makes for policy that is con- paragraphs (1) through (12) of subsection (a), divided for debate relative to the Fein- and as to restrictions applied to or discrimi- fused, contradictory, and ultimately gold amendment regarding a commis- nation against persons exercising any of the ineffective. sion, with no second-degree amend- rights set forth in such paragraphs. I am not blind to the numbers; I am ments in order prior to the vote. (i) CONGRESSIONAL PRIORITY PROCEDURES.— not blind to the likely votes. This bill I further ask consent that following (1) INTRODUCTION AND REFERRAL OF RESOLU- stands an excellent chance of passing that debate, Senator WELLSTONE be TIONS.— the Senate, and we are dealing with recognized in order to resume debate (A) IN GENERAL.—Not later than 10 session legislation likely to become law. So I on amendment No. 4120. days after receipt of the Commission’s report choose to take seriously the efforts I further ask consent that following by a House of Congress, the Majority Leader made in the other body to somehow in- of that House shall introduce a joint resolu- the use or yielding of that debate time, tegrate human rights concerns into the Senate proceed to a series of roll- tion in that House providing for the imple- mentation of such recommendations of the this legislation. call votes in relation to the following Commission’s report as require statutory im- Perhaps I am supposed to assume amendments, with 2 minutes for clos- plementation. In the case of the Senate, such those efforts are simply window dress- ing remarks prior to each vote. Those resolution shall be referred to the Com- ing, mere political cover for those who amendments are as follows: Helms mittee on Foreign Relations and, in the case feel obligated to address human rights amendment No. 4128; Helms amend- of the House of Representatives, such resolu- issues but who are also disinclined to ment No. 4123; a Feingold amendment tion shall be referred to the Committee on impede this trade initiative with in- regarding a commission; Wellstone International Relations. In the consideration convenient complications. But I reject amendment No. 4120. of resolutions referred under this subpara- that assumption. If this bill passes, as Mr. MOYNIHAN. Mr. President, graph, such committees shall hold hearings on the contents of the Commission’s report it probably will, the Congressional-Ex- might I inquire, I understand there are and the recommendations contained therein ecutive Commission on the People’s to be 2 minutes of debate between each for the purpose of receiving testimony from Republic of China will be important of the specified votes. Members of Congress, and such appropriate both in substance and as a symbol. It Mr. ALLARD. Yes, 2 minutes for representatives of Federal departments and may well be the only remaining bridge closing remarks prior to each vote. So agencies, and interested persons and groups, in our China policy between this coun- I assume that is 1 minute to each side. as the committees deem advisable. try’s highest values and the pursuit of I understand this has been agreed to by (B) SESSION DAY DEFINED.—The term ‘‘ses- profit for the few. It will be the watch- sion day’’ means, with respect to a House of the leadership on both sides. dog, in a sense, responsible for ensuring The PRESIDING OFFICER. Is there Congress, any day on which the House of Congress is in session. that our trade policy undermines nei- objection? ther our national values nor our na- Without objection, it is so ordered. (2) PROCEDURE FOR DISCHARGE OF COMMIT- tional character. Its structure and its The PRESIDING OFFICER. The Sen- TEES.—If the committee to which is referred such resolution has not reported such resolu- mandate will carry this burden. So I do ator from Wisconsin is recognized. tion at the end of 15 calendar days after its Mr. FEINGOLD. Mr. President, I ask think this commission deserves our se- introduction, such committee shall be dis- rious consideration. unanimous consent that the pending charged from further consideration of such amendment be temporarily set aside so As currently constructed, the com- resolution and such resolution shall be mission would produce an annual re- I may offer an amendment. placed on the appropriate calendar of the The PRESIDING OFFICER. Without House involved. port. But it would not be required to objection, it is so ordered. (3) MOTION TO PROCEED.—When the com- include policy recommendations in this AMENDMENT NO. 4138 mittee to which a resolution is referred has report, and neither the House nor the Mr. FEINGOLD. Mr. President, I send reported, or has been deemed to be dis- Senate would actually be required to an amendment to the desk and ask for charged (under paragraph (2)) from further debate the report or to hold any kind consideration of, a resolution described in its immediate consideration. of vote on it. In short, the commission paragraph (1), notwithstanding any rule or would be extremely weak and then, of The PRESIDING OFFICER. The precedent of the Senate, including Rule 22, it clerk will report. course, could be easily be marginalized. is at any time thereafter in order (even My amendment would strengthen the The assistant legislative clerk read though a previous motion to the same effect as follows: has been disagreed to) for any Member of the commission in several ways. First, it The Senator from Wisconsin [Mr. FEIN- respective House to move to proceed to the would require that the commission’s GOLD] proposes an amendment numbered consideration of the resolution, and all report contain recommendations for 4138. points of order against the resolution (and legislative and/or executive action,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8485 rather than simply permitting such betan and Chinese people, fighting newest WTO member nation, Albania. recommendations. As the debate on every day for religious freedom, are We are not singling China out for spe- this bill has shown, we do not lack for relevant. Victims of torture are rel- cial treatment, nor are we ushering reports of gross human rights viola- evant. The Congressional Executive- them into the community of nations. tions in China. But simply stating the Commission on the People’s Republic The World Trade Organization exists facts is not enough; our actions must of China is where these people will now separate from our decision. reflect acknowledgement of those have to find their place in U.S. policy. I am struck most by this fact: That if facts. Thick reports and handwringing I urge my colleagues to take this seri- the United States does not pass perma- in and of themselves do not serve U.S. ously and give it the strength it needs nent normal trading relations, it does interests. Policy recommendations to be meaningful. not keep China out of the WTO. It just have to be an explicit part of the com- I reserve the remainder of my time, keeps America from benefiting from mission’s mandate. and I yield the floor. China’s presence in it. In addition, this amendment would The PRESIDING OFFICER. The Sen- China has 1.3 billion people, a pur- require that legislative proposals con- ator from Colorado is recognized. chasing power of $4.42 trillion, and a tained in the report be considered by Mr. ALLARD. Mr. President, the Re- yearly import market of $140 billion. both the House International Relations publican floor manager has indicated I Nearly 20 percent of the world lives Committee and by the Senate Foreign could use his time to talk about this within its borders—a fifth of the world. Relations Committee. As it now important piece of legislation. I don’t And many of the Chinese people are stands, this commission reports only to have any remarks I am going to direct just beginning to desire Western prod- the House. I urge my colleagues in this specifically to the amendment; al- ucts such as those made in Colorado— body, the Senate, to recognize that the though, I find myself in the same posi- luxury goods, communication gear, Senate needs to consider this report tion as the Senator from New Mexico, computers, software, western beef, and its recommendations as well. We Mr. DOMENICI, in that there are many wheat, and so much more. The rest of cannot leave this important work sole- amendments that, under different cir- the world is scrambling ferociously to ly to our House colleagues and, in ef- cumstances, I may very well have pass their own version of PNTR to cap- fect, wash our hands of it. We must found myself supporting. But because I ture the China market. protect the Senate’s prerogatives and think this is such an important piece If we turn down this opportunity or if ensure that both Chambers of this Con- of legislation, I have decided to oppose we amend it into practical nullifica- gress engage with this important com- any amendments that will be made to tion, we will not stop China’s human mission. this bill because I think it will put it in rights problems; we will not force Finally, this amendment lays out a jeopardy, and the chances of it passing China to accept freedom of religion, procedure by which this commission’s the House are, from what I understand, speech, or other individual liberty. All recommendations could be considered not good if we put Senate amendments that will happen is the United States by this body rather than simply gath- on this side. will be denied the loosening of tariffs ering dust and assuaging consciences I think we will have an opportunity and import controls that the rest of on our office shelves. It would establish in the future to address some of the the world nations will gain. a procedure, one that is not unfamiliar amendments that were attempted to be If Congress balks at PNTR this year, or unprecedented, whereby commission made to this particular piece of legisla- 137 nations other than the United recommendations, in the form of a res- tion. Under those circumstances, as I States will benefit from free trade with olution, would be considered by the ap- mentioned earlier, I will probably sup- China while American workers, farm- propriate committees. These commit- port them. ers, ranchers, and small businesses are tees would then hold hearings to re- I think this is a very important piece denied equal access. view these recommendations, allowing of legislation for this country. It is a Everyone knows we trade with China for public comment and opening up very important piece of legislation as now. Colorado exported $166 million this process to democratic participa- far as the State of Colorado is con- worth of goods to China in 1998. Colo- tion and actual debate. cerned. The State of Colorado has expe- rado Springs alone, one of our larger Critically, after committee consider- rienced tremendous growth in exports, metropolitan areas, exported $41 mil- ation, any Member of the House or and I attribute that to the type of in- lion. Denver, another of our larger Senate would have the right to call up dustry we have in the State of Colo- metropolitan areas, exported $16 mil- the resolution on the floor. This rado. We are primarily agriculture and lion to China. And these numbers are amendment ensures that the crucially light manufacturing, which includes only going to grow. If we grant China important issues covered by the com- high-technology. Those are areas where PNTR, Colorado will be assured a more mission can be considered by any Mem- we have had a lot of growth in exports prosperous future. Why? Because with ber, not only the members of certain nationwide. Colorado has been the ben- PNTR–WTO membership, China will committees. As it now stands, only efactor of that. have to lower their average tariffs on members of the House International I have come to the belief that we U.S. goods from 24 percent to 9 percent. Relations Committee would have the need to work to open trade barriers. They will have to cut average agricul- power to consider and weigh the com- When we open these trade barriers, de- tural tariffs in half and eliminate all mission report. That seems very odd to mocracy is exported and we prosper tariffs on high-tech goods. But Colo- me for a bicameral legislature. This economically. Colorado would be one rado and the United States will not amendment provides a mechanism for State in the Nation that would be a have to undergo similar market re- moving the substance of commission good example of that. structuring. The United States already recommendations onto the floor and Western civilization has been trading has open markets and engages in free into the realm of full congressional in some manner with China since the trade. consideration. Roman Empire anchored one end of the It is China that will have to open This is hardly an extreme propo- Silk Road. But it will not be until we their markets and end their protec- sition. My amendment would give this pass this bill before us that our culture tionism to benefit from WTO member- commission greater relevance, rather will have access to free and open trade ship. This will then facilitate more than relegating it to bureaucratic with this massive country called trade and higher profits for Colorado limbo. Relevance seems like an emi- China. companies and Colorado workers. nently reasonable goal for a body I am glad most of us have recognized Why is China doing this? Because charged with the critically important that the term ‘‘most favored nation’’ they know what we do. Free trade ben- work of reconciling U.S. support for was a misnomer. This country needs to efits those who practice it. human rights with the U.S. trade pol- remember that China will not actually Many export producing jobs pay bet- icy toward China. be ‘‘favored.’’ China will be equally ter than basic service sector jobs. In- Those toiling in forced labor camps treated as we treat the other 137 World creasing trade generates more jobs of a are relevant. This body ought to be- Trade Organization countries such as higher quality, and that presents more have as if they are relevant. The Ti- Cyprus, Jamaica, and Djibouti, or the opportunities for workers.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8486 CONGRESSIONAL RECORD — SENATE September 13, 2000 For instance, since NAFTA, Colorado more mature, efficient, and equitable Mr. ROTH. Mr. President, I rise in has increased exports to Mexico by $300 system. opposition to the Feingold amendment. million. China PNTR will add to this Some oppose trade agreements be- This amendment would change the export total. cause of security concerns. Trade mandate of the Levin-Bereuter Com- If we were to set aside economic rea- agreements are not the reason for the mission created by H.R. 4444 by man- sons, there are still many other rea- loss of our nation’s military secrets. dating that it make recommendations sons to favor PNTR. The first is hu- We have seen serious security lapses to the Congress on legislative actions. manitarian. in the Department of State, Depart- Such recommendations would have to History has shown that it is the iso- ment of Defense, Department of En- be introduced in each body, be referred lated, closed societies that are the ergy, and our national laboratories. to the Foreign Relations Committee most brutal and repressed. Inter- The responsibility of protecting our na- and the International Relations Com- national contact—such as would be tional secrets lies with the Administra- mittee, and be considered by those brought about by increased trade, with tion, not our trade policies. committees and the Congress under businessmen, foreign goods, exchanges, The most recent Department of En- rules similar to ‘‘fast track.’’ corporate presence and marketing— ergy security blunder, losing two hard I oppose this amendment for many would serve to increase access to a drives, coupled with the discovery of reasons. As a jurisdictional matter, I higher standard of living and a better bugging devices in State Department oppose a change in the rules of the Sen- quality of life. conference rooms and the mishandling ate that would refer a revenue measure We would be able to up-grade the ev- of classified information by the re- to a committee other than the Finance eryday lifestyle of the ordinary people cently dismissed Director of the Cen- Committee, as this amendment would of China, and that is not an oppor- tral Intelligence Agency, builds a very do if the Commission recommended a tunity to be ignored by those who seek strong case for this administration’s change in the trade status of China, to aid the world’s less fortunate. blatant disregard for protecting our na- and I urge all Finance Committee The number one export from America tional security secrets. members to support me. is democracy. However, these wrongs pale in com- Second, I see no need to compel a rec- PNTR will not only tear down the parison to the Secretary of Energy’s ommendation out of the Commission. trade barriers for Colorado’s workers, decision to ignore the public law en- As outlined in the mandate of the Com- farmers, and small businesses, it will acted by Congress last year to estab- mission, if they choose, they may also flood the Chinese culture with the lish a semi-autonomous National Nu- make a recommendation to the Con- American ideals of liberty and democ- clear Security Agency to correct gress on legislative action. Compelling racy. known security deficiencies within his the Commission to do so strikes me as When the freedom protesters took department. misguided. over Tiananmen Square in 1889 and Fortunately, the recent Los Alamos Third, I see no need to fast track a built a replica of the Statute of Lib- incident expedited what had become a recommendation by the Commission. erty, they were not just expressing sup- stalled effort to confirm General John The Congress can consider any rec- port for the type of freedoms enshrined Gordon as Director of the newly formed ommendation by the Commission in our political documents. NNSA. With General Gordon in place, I under the regular order, just as we are They were expressing a desire for the sincerely believe we will finally get considering PNTR. liberty and benefits of a modern, vi- some action to hasten security reform Finally, as I have outlined with every brant, and free United States that they within this agency. amendment, I believe the adoption of saw on the current world stage. But these acts, all pre-PNTR, high- this amendment would unnecessarily By increasing our relations with light a simple truth—weapons pro- risk slowing the underlying bill down. China, we can side step the admittedly liferation, national security, and de- Therefore, I view a vote for this amend- authoritarian regime in Beijing, and fense are functions of a nation’s lead- ment as a vote to kill PNTR. deal with the people themselves ers, not its merchants. Mr. FEINGOLD. Mr. President, I will through our products and our commu- If we want a strong, pro-active na- briefly respond to the comments of the nications. tional defense that diligently main- distinguished chairman. The Soviet Union did not fall because tains our vital interests, we can not ex- Yes, this amendment, in terms of the we passed resolutions against them. It pect to let trade agreements alone commission that was established in the did not fall because we had bitter de- shoulder that burden. House consideration of the bill, says bates about their human right records, It is my hope that the upcoming vote there ought to be some recommenda- and it did not fall because we regularly will confirm America’s commitment to tions coming out of this commission, reviewed their civil liberties. free trade, international participation, there ought to be some reality. This is It fell for two reasons that remain and mutually beneficial capitalism. all we will have left of the opportunity relevant today: The Soviet Union fell That is why I will be voting in favor of to consider issues such as human rights because the oppressed people of East- China PNTR and against any amend- in connection with China’s trade sta- ern Europe grew tired of being left be- ments. tus. hind by the western prosperity they I yield the remainder of my time. Instead of just having a series of doc- saw, and because their leaders realized The PRESIDING OFFICER (Mr. uments or volumes on a shelf gathering that President Reagan would not let VOINOVICH). The Senator from Wis- dust, we suggest there ought to at least them take that prosperity by force. consin. be a requirement that there be rec- Unable to keep up with the western na- Mr. FEINGOLD. It is my under- ommendations coming forward. That tions, they fell behind and eventually standing that the Senator from Colo- seems to me to be very modest. This is fell apart. rado has yielded time in opposition to not something that would in any way We need to remain aware of and se- my amendment. undercut the legislation or the purpose cure against China’s sometimes blatant Mr. ALLARD. I yield my time on the of the legislation. It would simply hostility to us and our ideals. But we floor and I reserve the time we have in make sure that the work of the com- have less to fear from a China that opposition. mission results in some recommenda- shares an engaged, mutually beneficial Mr. FEINGOLD. I am prepared to tion. relationship than from an excluded yield back my remaining time. What strikes me as even more China shut out of our markets. Mr. ALLARD. I want to make sure strange about opposition to this Taiwan, the nation most under the the floor manager is comfortable yield- amendment is that the distinguished gun from an aggressive China, supports ing back on our side; if so, I yield back chairman would leave this commission Chinese PNTR/WTO membership for the remainder of time. to be only a commission that reports this very reason. It suggests that they Mr. ROTH. I suggest to the Senator to the House of Representatives. He too hope that increased trade will over- from Colorado that I will make a few would prefer that a commission that whelm the communist system and comments. apparently is a serious commission, force it to grow and develop into a Mr. ALLARD. I yield my time. one that the chairman will support, as

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8487 he votes for final passage of the bill, Mr. President, this amendment would Association to Protect Workers’ should not report to this body. I would delay the effective date of PNTR until Rights. In July, a labor activist and think his institutional concerns of hav- the President can certify that China China Democracy Party member was ing to do with proper referral to one has provided a full accounting of activ- arrested on subversion charges. He was committee or another in a revenue bill ists who have been detained or impris- arrested after taking part in a workers would also apply to the notion that a oned for their labor activities and demonstration outside the provincial report should go to the Senate as well China is making ‘‘substantial government building. He was sentenced as to the House on something as sig- progress’’ in releasing these activists to 6 years in prison. nificant and weighty as the question of from prison. In July, another labor activist was human rights and other issues in con- What we are really talking about sentenced to 10 years, and two others nection with China’s trade status. I here is that this amendment calls upon were sentenced to 2 years in prison for find it baffling that the main pro- the President to delay the effective subversion. What is it that they had ponent of this bill would not agree that date of PNTR until we get from China done wrong? They were out there try- this Senate should receive the report, an accounting of those citizens who ing to organize workers and the family as well as the House. have now been imprisoned in China be- of one of these activists alleged that The Senator makes the point, as well cause they have tried to exert their the police hung him by his hands in he should as chairman of the Finance human rights to organize and bargain order to extract information on fellow Committee, that he believes there may collectively so they can make a decent dissidents. be some concerns about proper jurisdic- wage, so they can work under civilized In August, another labor activist in tion in terms of committees. I am a working conditions, so they can sup- China was given a 10-year prison sen- member of the Senate Foreign Rela- port their families. tence for illegal activities in the 1980s, What we are talking about is we tions Committee, so I definitely believe and more recently he was also thrown want to see some evidence that China this should go to the Senate Foreign in prison because he had organized has made substantial progress in re- Relations Committee. worker demonstrations. This time he leasing these activists from prison. We But I have no problem with certainly was convicted for providing human do not have an exhaustive list of all inviting an amendment that calls for a rights organizations overseas with in- the labor activists who are now serving joint reporting to both the Senate For- formation on protests—a 10-year sen- prison terms in China. There are many eign Relations Committee and the Sen- tence, prison sentence, for a man who of them about whom the facts are un- ate Finance Committee. It seems to me had the courage to try to organize peo- known. That is one of the reasons this that would take care of that concern. I ple and who then went to human rights amendment calls on China to provide a know of a number of cases in my brief organizations overseas with informa- full accounting. But I will draw from time in the Senate where we have had tion about worker protests in China. what empirical evidence I have as a these joint referrals, and that would He is now serving 10 years in prison. Senator, a Senator who is concerned take care of the chairman’s concern. Don’t you believe we could at least Not only is this amendment not about human rights and the right of people to be able to organize their own ask China to provide us with some threatening to the underlying purpose credible information that they were of this legislation, it is simply an independent unions. I will draw from two sources of information. The first is now letting these people out of prison; amendment that balances the purpose that they were doing something about of this commission so that it has some the U.S. State Department Human Rights Report which actually confirms all of the people who have been impris- relationship to the structure of our oned? Congress. It says there ought to be rec- that the Chinese Government has been This list is compiled by the ILO— ommendations given and they should persecuting and incarcerating labor ac- Senator MOYNIHAN talked about the be reported to the Senate as well as to tivists. ILO yesterday on the floor of the Sen- the House; that the Senate Foreign Re- According to the State Department: ate. A 28-year-old worker in a Hunan lations Committee should continue to Independent trade unions are illegal. . . . Province electrical machinery factory, consider these recommendations, as it Following the signing of the International was sentenced in 1989 to a life sentence has done in the past. Covenant on Economic, Social, and Cultural Rights in 1997, a number of labor activists for hooliganism. His reduced sentence I can’t think of a more modest petitioned the Government [Chinese Govern- is being served in prison and he now amendment one could raise with regard ment] to establish free trade unions as al- has been told he will get out in the to this bill. It is based on a commission lowed under the Covenant. The Government year 2007. that was already approved overwhelm- has not approved the establishment of any ingly in the House of Representatives independent unions to date. A manual worker in Shanghai and a member of the Workers Autonomous and supported by all of those who sup- Now I will talk about some specific Federation was sentenced in 1993 to 9 port this legislation. All we are trying examples. First, I will draw from the years in Shanghai prison for organizing to do is have a similar requirement State Department report—our State a counterrevolutionary group. That with respect to a report in the Senate. Department report of this past year. It couldn’t be more modest. It is a sign Two activists in January were sen- from the ILO—my evidence. of how desperate the proponents of this tenced to reeducation through labor for A worker, organizer of another Work- legislation are to get this thing 18 months and 12 months, respectively. ers Autonomous Federation was sen- through without even the possibility of Why were they arrested? They were tenced to 13 years imprisonment—for a modest, logical change such as hav- leading steelworkers in a protest be- hooliganism again. That is the charge ing the Senate as well as the House re- cause they had not been paid wages. any time you demonstrate, any time ceive a report. In January of this year, another ac- you try to organize people, any time I reserve the remainder of my time. tivist, the founder of the short-lived you have the courage to stand alone Mr. President, I am prepared to yield Association to Protect the Rights and and speak up for democracy. the remainder of my time if the opposi- Interests of Laid-Off Workers, unsuc- Another worker in Hunan, again, tion to the amendment will do the cessfully appealed a 10-year prison sen- Yueyang City in Hunan, organizer of same? tence he received—10 years in prison. the Workers Autonomous Federation, Mr. ROTH. Mr. President, I yield the He had been convicted—for what? ‘‘Ille- was sentenced to 15 years—same remainder of the time on our side. gally providing intelligence to a for- charge, hooliganism. Mr. FEINGOLD. I yield back the eign organization.’’ What was that for- A 39-year-old lecturer in the Com- time. eign organization? It was a Radio Free parative Literature Department at the The PRESIDING OFFICER. The Sen- Asia reporter, and he was talking Language Institute in Beijing was sen- ator from Minnesota is recognized. about worker protests in Hunan Prov- tenced in 1995 to 20 years in Prison No. AMENDMENT NO. 4120 ince. For that, a 10-year prison sen- 2 for organizing and leading a counter- Mr. WELLSTONE. Mr. President, my tence. Do we not care about this? revolutionary group, and for commit- understanding is we are now consid- In April of this year workers an- ting counterrevolutionary propaganda ering amendment No. 4120. nounced the formation of the Chinese and incitement.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8488 CONGRESSIONAL RECORD — SENATE September 13, 2000 A 30-year-old medical researcher in ious to hear whether there is any re- going forward with normal trade rela- the Department of Psychiatry at Bei- sponse. Above and beyond the human tions with China, at least—and I want jing’s Anding Hospital was sentenced rights question, above and beyond the to read this again—at the very min- to 17 years in Prison No. 2 in Beijing fact that we should not be silent—I imum, the President needs to certify for organizing and leading a counter- have said this for the last several China has provided a full accounting of revolutionary group. days—above and beyond the fact that these activists who are detained or im- A 40-year-old worker at a chemicals we should be willing to speak up and prisoned for their labor activities. accelerator fluid plant in Beijing was vote for the rights of people to organize That is all the amendment asks, and sentenced to 13 years in Prison No. 2 independent unions in China, we should China can show it is making substan- for organizing and leading a counter- not let this Government with impunity tial progress in releasing these activ- revolutionary group. put people in prison for 12, 14, or 16 ists from prison. That is what this Another activist was sentenced to 11 years because they have done nothing amendment is about. years in prison for organizing and lead- more than try to speak up for them- In a broader sense, this amendment ing a counterrevolutionary group. selves and form a union so they can is also about the right of people to or- Colleagues, I have other names and make a decent wage and they can sup- ganize and bargain collectively, and other examples. But I think there are port their families. this is an amendment that says why several reasons why we should be con- There is another reason. Senator should the people we represent in our cerned about the persecution and im- SARBANES spoke about this on the floor States be put in a situation where they prisonment of labor activists in China. of the Senate the other day. It is this: lose their jobs and where our commu- First of all, labor rights, the right to What we are going to see is not nec- nities lose businesses that go to China organize, recognized by international essarily more exports to China but because they know they can pay miser- law, are a fundamental human right. more investment in China. If we do not ably low wages, where people wind up When men and women have the cour- speak up for the right of workers to or- in prison if they should dare get a bet- age to stand up for justice at the work- ganize in China, China will become the ter job, where they can actually export place, they ought not be locked up, export platform in this new inter- products made with prison labor, and they ought not be treated like animals, national economy that we talk about, we are not voting for amendments that they ought not be serving 10-, 12-, 14- and it will be a magnet for any kind of give the people we represent in our own year prison sentences in China, and we company that wants to go there that States some comfort that they them- should speak up for them. knows it can freely exploit workers, selves are not going to lose their jobs Labor rights have been recognized in pay workers 3 cents an hour, 10 cents because of these absolutely brutal the documents that enshrine the most an hour, 6 cents an hour, 20 cents an working conditions. basic principles of human rights. The hour, all of which is happening right I do not think it is too much to vote Universal Declaration of Human Rights now, working people from 8 in the for an amendment that asks for only in 1948 states, ‘‘Everyone has the right morning until 10 at night with a half one little piece of this. We will delay to peaceful assembly and association. an hour, at most, for a break. That is the effective date of PNTR until the Everyone has the right to form and what we are going to see. President can certify that the Chinese join trade unions for the protection of I do not know how many Senators Government has provided a full ac- his’’—and I would add ‘‘or her’’—‘‘in- will consider this before they vote, but counting of those people who have been terests.’’ if you do not want to vote for this detained or imprisoned for doing noth- In a speech before the Industrial Re- amendment for human rights for work- ing more than trying to organize or lations Research Association in Boston ers in China, vote for this amendment trying to stand up for themselves and this past January, former World Bank for the people you represent in your their families, and some accounting chief economist Joseph Stiglitz laid own States because I am telling you— that this Government is releasing out an argument that economic devel- and this is just the future I am pre- these innocent men and women from opment needs to be seen as part of a dicting—that our failure to adopt these prison who have done nothing more transformation of society and that amendments, our failure to focus on than protest deplorable working condi- workers organizations, the right to human rights, our failure to vote on tions or tried to form an independent form a union, is key to this develop- human rights, our failure to vote on re- union. That is what this amendment is mental process. ligious freedom, our failure to vote on about. Do my colleagues know what he was the rights of people to organize and I conclude this way, which is the way saying? He was saying what we know: bargain collectively is going to lead to this debate started. We are forever Independent unions and the right to a new international economy where being told that we live in a global econ- form an independent union means you China, with the size of the country and omy, and that is true. For some reason, make a better wage; it means you have the population, will become a magnet, too many of my colleagues do not want people who have enough money to con- it will become a low-wage export plat- to recognize the implications of this. sume; it means you are building a mid- form, and the people in your States are For me, if we are now working and liv- dle class; it means you have more eco- going to say to you: Where were you ing in a global economy, that means if nomic justice; it means you have more when you were asked to vote for us? we are truly concerned about human stability. That is what Mr. Stiglitz was Now you are saying to us, Senator, rights, we can no longer just concern trying to say. that you want us to compete against ourselves with human rights at home. I will give my colleagues one more people who get paid as little as 3 cents If we are truly concerned about reli- example of this brutality. An April 23, an hour under the most brutal, exploit- gious freedom, we can no longer only 2000, story in the Washington Post re- ative labor conditions, and now we are concern ourselves with religious free- ported: losing our jobs as companies are leav- dom at home. If we are truly concerned The number of labor disputes in China has ing our States to go to China, and you about the right of workers to organize skyrocketed — to more than 120,000 in 1999— as workers, in unprecedented numbers get had a chance to vote for the right for and bargain collectively, and earn a laid off, are paid late, or not paid at all and people to organize in China so they better living for themselves and their feel cheated by corrupt officials who sell could make a decent wage and those families, then we can no longer concern state property for a pittance to friends, rel- workers would not be played off ourselves with labor rights only at atives, and colleagues. against us, and you didn’t vote for it? home. If we are truly concerned about We are talking about unsafe working My colleagues should vote for this the environment, we can no longer con- conditions. We are talking about low amendment because a vote for this cern ourselves with the environment wages. We are talking about the funda- amendment is not only a vote for only at home. mental right of workers in China to or- human rights in China, not only a vote I will say it one final time: The men ganize and the compelling need, I be- for the right of people to organize in and women in this world, who have lieve, for us to support this right. China, but, most important of all, what been engaged in human rights issues, I will finish in a moment so we can this amendment is really about is sim- have long understood an essential, have some votes, although I am anx- ply saying to the President, before basic truth which is this: Americans,

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8489 Senators can never be indifferent to I thank my colleagues for their gra- When her father came to Shenzhen asking the desperate circumstances of ex- ciousness. I hope Senators will vote for for compensation, the factory bosses added ploited and abused people in the far this amendment. insult to her injuries by firing the girl and I yield the floor. paying only medical expenses. reaches of the globe. When the most Fei’s case could have sunk into the obliv- basic human rights and basic freedoms (Disturbance in the galleries.) The PRESIDING OFFICER. The gal- ion of hundreds of thousands of others like of others are infringed or endangered, hers in China, where workers’ rights are rou- we are diminished by our failure to leries are advised not to show any type tinely sacrificed at the altar of economic de- speak out. of approval or disapproval. velopment. But Fei and her father beat a This amendment is a test case of Mr. ROTH. Mr. President, I rise in path to a man who has become famous for whether or not we are willing to speak opposition to my colleague’s amend- standing up for workers in a country with out. I say to my colleagues, since this ment. I do not intend to address the one of the worst occupational safety records is my last amendment, I believe we merits of his proposal as a matter of in the world. U.S. labor law. Rather, my point is a Lawyer Zhou Litai took the case, and late have made a big mistake—we will see last year, after proving that the factory did what history shows us—in the rush to far simpler one. The current business of this body is a not have a dog permit and that there had pass this piece of legislation. I think been six similar attacks since 1994, he won we have made a mistake because I be- bill to normalize our trade relationship Fei a $6,000 settlement—a big chunk of lieve the consequences, over the next 2, with China. This amendment simply change in a country where millions of labor- 3, 4, 5, 6, 7, 8, 9, 10 years will be very does not belong on H.R. 4444 and has ers barely clear $1,000 a year. harsh. nothing to do with China’s trade status ‘‘Lawyer Zhou is a good man,’’ said Fei under our law. Zhongming, Mingli’s father. ‘‘Without him, I believe the economics in this global we would have had nothing. He won justice economy we are all talking about will But, the price of adopting the amend- ment could be very high for every for us.’’ become a major axis of American poli- China once advertised itself as a socialist tics. I believe the people that we rep- working man and woman in the United workers’ paradise. But in its mad rush to be- resent are going to want to know where States. The reason is that the amend- come a modern industrialized nation in the each of us stood. I believe we should ment could result in delay or defeat of 20 years since economic reforms opened have been making the effort to make PNTR and the grant of PNTR is the doors to the West, China’s cutthroat system sure this new global economy—with one step we absolutely must take to has victimized average laborers. With China ensure that American workers, to- preparing to enter the World Trade Organiza- China being such a major actor—would tion, the United States and other advanced be an economy not only working for gether with American farmers and American businesses, reap the benefits nations have pushed for some type of binding big multinational corporations and big international labor standards; this was one financial institutions, which I know of China’s market access commitments of the issues behind demonstrations during are very interested in passing this, but under the WTO. he WTO’s meeting in Seattle in November. it would also be a global economy that What we would be sacrificing is, ac- But China and other developing countries works for working people, a global cording to independent economic anal- have opposed such standards. In the first nine months of last year, 3,464 economy that works for human rights, ysis, $13 billion in additional U.S. ex- port sales annually. Expanding our ex- miners died in China—about the same as a global economy that works for chil- 1998—one of the worst rates per ton of min- dren, a global economy that works for port sales, as has been reiterated a number of times already in this debate, erals mined in the world. The only place the environment. where official statistics have been released I will say—and I am sorry because creates new jobs. And I point out, jobs for industrial accidents is Shenzhen. In 1998, none of us can be sure we are right; and in U.S. export sectors pay 15 percent 12,189 workers were seriously injured and 80 I understand that—I have not, in the more and provide 32 percent more in died in industrial accidents in its 9,582 fac- course of this debate, seen very many benefits than average. tories, although the real number is believed Senators come out and present any em- What that means in practical terms to be much higher. is that the passage of PNTR and the ex- More than 90 percent of those injured lost pirical evidence to the contrary of a limb. Statistics from the state hospital in what I have had to say about these ports we expect to expand under the WTO agreement with the Chinese pro- Shenzhen’s Bao’an county tell a gruesome basic rights of people. Why is it that tale. In the hospital’s Building 7, 47 patients vide real, tangible benefits to workers we just turn our gaze away from this? have lost hands; in Building 6, 21 patients I do not understand it. in American society. have third-degree burns; in Building 5, 42 pa- I also think we have made a mistake I ask, as a consequence, that my col- tients have lost legs. in another way, I say to the Presiding leagues join me in opposing the pro- After a ferry sank in November, killing 280 people, China’s Communist Party leadership Officer. I think we have made a mis- posed amendment. I ask the Senator from Minnesota, called for a nationwide workplace safety in- take in the stampede to pass this legis- are you ready to yield back time? spection campaign and acknowledged that lation, in this rush to passage, in this Mr. WELLSTONE. I have a very despite years of hand-wringing about the im- argument that we dare not even pass quick response to my colleague. portance of safety, serious health and safety an amendment. Even if it deals with Mr. President, I ask unanimous con- hazards remain. the right of people to practice their re- ‘‘Since 1980, labor standards in China have sent that an article in the Washington gotten worse,’’ said Anita Chan, a senior re- ligion, even if it puts the U.S. Senate Post, dated January 11, 2000, entitled and our country and our Government search fellow of the Australian Research ‘‘No Workers’ Paradise’’ be printed in Council and an expert on China’s labor on the side of human rights, we cannot the RECORD. issues. ‘‘In the state sector, workers are los- do that because then it would go to There being no objection, the article ing their jobs, so labor standards are almost conference committee. I do not under- was ordered to be printed in the as bad as foreign-funded or private-sector stand that argument, not when you RECORD, as follows: factories in inland provinces. . . . As for for- eign-funded factories, exploitation and think about what the stakes are, not [From the Washington Post, Jan. 11, 2000] when you think about this in personal abuses have not diminished in the 1990s. If NO WORKERS’ PARADISE anything, because of the Asian economic cri- terms. (By John Pomfret) Whatever happened to the voice of sis, it has gotten worse.’’ SHENZHEN, CHINA—Fei Mingli, a slight Attempts by workers to seek help from the the Senate? Whatever happened to the teenager from Sichuan province, came to government usually end in failure. The Com- strong clarion call for the Government this bustling Chinese factory town in 1998 to munist government only allows one union to of China, and all governments in the seek her fortune in a textile factory, crank- exist—the All-China Federation of Trade world, to respect the human rights of ing out bluejeans and tank tops for the West- Unions—and it has crushed any attempt to their citizens? Whatever happened to ern world. Sometime after midnight July 22, organize independent unions. The ACFTU is our justice voice? Whatever happened she went out for a walk. generally viewed as a mouthpiece for the to our human rights voice? Why were Dogs patrolling the factory grounds at- Communist Party, although in recent years tacked the 17-year-old, breaking her right these concerns trumped by this head- it has fought quietly against some policies leg and ripping chunks from her nose, head and laws that are clearly antilabor. long stampede and rush to pass this and elbows. Fei had violated a company rule Born in Sichuan 42 years ago, Zhou was legislation? that ordered all workers locked in their dor- yanked out of school by his parents in third I conclude my remarks this way: We mitories by midnight. She was hospitalized grade and put to work on the land. When he will see what happens in the future. for 62 days. was 17, his father sent him to the forbidding

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8490 CONGRESSIONAL RECORD — SENATE September 13, 2000 Tibetan plateau as a soldier. He served for his employers fired the 20-year-old imme- of concern to the U.S. Senators. We, five years in some of the harshest conditions diately. Then, because of his injury, Peng’s after all, are representing people in our on earth. girlfriend dumped him. He attempted sui- Nation. I think it is a very sad day In 1979, he returned to Sichuan but again cide. An arbitration committee said the fac- had to leave home because his family was tory should pay him $4,500. With Zhou’s help, when the United States of America re- too poor to feed him. Zhou found work in a Peng sued and won $21,000 in court. fuses to speak out for human rights in brick factory in Hunan province, making a ‘‘Lawyer Zhou saved my life,’’ Peng said. any country. few dollars a month lugging 220-pound bags ‘‘Without him, I’d be dead.’’ Indeed, this will be a debate that will of coal and handling scalding bricks that Mr. WELLSTONE. I will read a cou- go on. What will happen is, given the singed the skin off his hands, arms and ple of paragraphs from the article. This fact that we have Wal-Marts paying chest. was written by John Pomfret: about 13 cents an hour—and I have ‘‘It was normal for the factory not to pay given examples of companies paying the workers,’’ Zhou recalled. ‘‘People were China once advertised itself as a socialist fired for nothing. People were beaten. It was workers’ paradise. But in its mad rush to be- far less—China is going to become the bad.’’ come a modern industrialized nation in the export platform where people know A friend encouraged Zhou to learn a skill. 20 years since economic reforms opened that if they should dare to try to orga- He took to law, perhaps, he said, because he doors to the West, China’s cutthroat system nize a union, they are going to be has victimized average laborers. was infuriated by the exploitation around thrown in prison. So all these multi- him. In 1986, he set up shop in Kaixian, his Then it goes on to say: national corporations have carte home town, in a poor county close to the ‘‘Since 1980, labor standards in China have blanche approval to go to China, pay smoky metropolis of Chongqing. gotten worse,’’ said Anita Chan, a senior re- Ten years later, Zhou took the first case search fellow of the Australian Research hardly anything in wages, have people that would catapult him into national prom- Council and an expert on China’s labor working under deplorable working con- inence but also land him in serious debt. In issues. ditions, and we are going to lose jobs. May 1996, a husband and wife, both workers I could go on and on. We are not going to see a lot more at the Happy Toy Factory in Shenzhen, were I say to my colleague from Delaware, exports. We will see a lot more invest- walking on the factory grounds when they there are three parts to his argument ment. What better place to invest for were killed by a delivery truck. The factory that trouble me. First of all, this some of the multinational corporations denied responsibility for their deaths, leav- than a country where you know you ing the couple’s three young children and amendment has everything in the their aging parents penniless. world to do with what is going on in don’t have to worry about paying good The grandparents and the children were China. This is not an amendment about wages, you know you don’t have to living in Sichuan—source for most of the labor law reform in the United States. worry about safe working conditions cheap labor that has driven the economic That is an amendment I will bring to because, if people dare to protest or miracle along China’s eastern coast. They the floor at the very beginning of the challenge this for the sake of them- came to Zhou as a last resort. No lawyer in next Congress. We will have a full de- selves or their families, they wind up Shenzhen would take such cases because bate about the right of people to orga- in prison. I see a very different eco- local governments had warned them against ‘‘affecting the investment environment,’’ nize in our country. nomic future. Zhou said. This is about China. This is about I yield back the remainder of my As an outsider, Zhou could run a risk. He labor conditions in China. This amend- time. sued the Happy Toy Factory and won ment is about people who have been Mr. ROTH. Mr. President, I yield $40,000—marking the first time in Com- imprisoned because they have done back the remainder of my time. munist China that a court had ordered a fac- nothing more than to speak out and VOTE ON AMENDMENT NO. 4128 tory to pay damages to the family of de- protest against working conditions or ceased workers. Mr. ROTH. Mr. President, what is the trying to form a union. pending business? Zhou’s experience in Shenzhen, meeting This amendment just says, before the maimed workers with tales of exploitation, The PRESIDING OFFICER. The President goes forward, let’s certify 18-hour shifts, dormitory lock-downs, dog at- question is on agreeing to the Helms tacks and decrepit machinery, convinced that China is willing to let these people amendment No. 4128. him that his life’s work lay not in Sichuan, out of prison, and that we are going to Mr. ROTH. Has all time been yielded get some certification of some progress but with the Sichuanese who had come to back on that? Shenzhen. in that area. That is all this amend- The PRESIDING OFFICER. All time ‘‘If you don’t protect your workers, it ment is about. doesn’t matter how good your products are,’’ The second thing I would say to my has expired on the amendment. There he said. ‘‘You are creating a social volcano.’’ colleague from Delaware —we have had are 2 minutes prior to the vote. Since the toy factory case, Zhou has filed some of this discussion before—is that Mr. ROTH. Mr. President, I ask unan- 200 other lawsuits in courts around even if I believed he was right—and I imous consent to yield back the 2 min- Shenzhen. He has won 30; most of the others utes on both sides. are still pending. He sometimes works on think he is wrong—that actually we are going to see more exports that will The PRESIDING OFFICER. Without contingency and also receives donations. objection, it is so ordered. Along the way, he has angered the Shenzhen lead to higher wages for American citi- city government, which tried to disbar him zens, I do not believe people in the The yeas and nays have been ordered. in 1997 but lost in court. United States of America would be The clerk will call the roll. In late 1997, Zhou found a house in a rough- comfortable with the proposition that The legislative clerk called the roll. and-tumble neighborhood on the outskirts of is being made on the floor of the Sen- Mr. NICKLES. I announce that the Shenzhen. Since then, 70 injured workers, Senator from Washington (Mr. GORTON) out of jobs and penniless, have lived with ate, at least by some, that since there is profit to be made, and more money is necessarily absent. him. Mr. REID. I announce that the Sen- Running the house has thrown Zhou into to be made, and maybe more workers debt to the tune of thousands of dollars. It will do better in our country—which I ator from Hawaii (Mr. AKAKA), the Sen- has not helped that some of his guests have will question in a moment—we should, ator from Massachusetts (Mr. KEN- skipped town after winning their cases with- therefore, turn a blind eye, turn our NEDY), and the Senator from Con- out paying him for room and board. gaze away from these deplorable condi- necticut (Mr. LIEBERMAN) are nec- Most of Zhou’s adversaries are factories tions; that we should not be concerned essarily absent. run by Taiwanese, Hong Kong or South Ko- The PRESIDING OFFICER (Mr. rean companies, which work on a contract about the persecution of people who are trying to practice their religion; SMITH of Oregon). Are there any other basis for Western firms. He has yet to sue a Senators in the Chamber desiring to Japanese or American company, he said, be- that we should not be concerned about cause their labor conditions are better. human rights; that we should not be vote? Workers in Shenzhen say the most dan- concerned about people who are impris- The result was announced—yeas 43, gerous machine is a mold for plastic prod- oned because they are trying to form a nays 53, as follows: ucts called a piji. One false move and a limb [Rollcall Vote No. 243 Leg.] can be crushed by huge metal slabs at pres- labor union. I do not believe most peo- YEAS—43 sures varying from 40 to 500 tons. ple in Minnesota or people in the coun- It was on such a machine that Peng try believe that. Abraham Boxer Burns Guangzhong lost his right arm last spring. Most people in Minnesota and the Ashcroft Breaux Byrd Bayh Bunning Campbell The factory had failed to buy insurance, so country believe these issues should be

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 2000 CONGRESSIONAL RECORD — SENATE S8491 Collins Inhofe Sessions Mr. BAUCUS. Might I inquire of the Mr. BYRD. Mr. President, could we Conrad Jeffords Shelby Chair whether they are 15-minute votes have order in the Senate. DeWine Kerry Smith (NH) Dodd Kohl Snowe or 10-minute votes? The PRESIDING OFFICER. The Sen- Dorgan Kyl Specter The PRESIDING OFFICER. They are ate will be in order. Edwards Leahy Thompson 10-minute votes. The last vote took 16 minutes. Feingold McConnell Thurmond Mr. BAUCUS. I thank the Chair. Mr. REID. Mr. President, I say, Gregg Mikulski Voinovich Harkin Reed The PRESIDING OFFICER. Who through the Chair to my friend from Warner Helms Reid yields time? Who yields time on the Wellstone West Virginia, that I agree with him. I Hollings Santorum Helms amendment? think that if we are going to have 10- Hutchinson Sarbanes Mr. ROTH. Mr. President, the Sen- minute votes, we should have 10- NAYS—53 ator yields his and I yield mine. I yield minute votes. We started these votes at Allard Fitzgerald Mack the 2 minutes. 6 o’clock. It is now quarter to 7. In fact, Baucus Frist McCain The PRESIDING OFFICER. All time we started before 6. Bennett Graham Miller is yielded back. The question is on Biden Gramm Moynihan I would hope we could stick to the 10- Bingaman Grams agreeing to amendment No. 4123. minute limit. People have all kinds of Murkowski The yeas and nays have been ordered. Bond Grassley Murray things to do rather than sit around and Brownback Hagel Nickles The clerk will call the roll. wait to vote. Bryan Hatch Robb The legislative clerk called the roll. Chafee, L. Hutchison Mr. BYRD. Mr. President, may the Roberts Mr. NICKLES. I announce that the Cleland Inouye Rockefeller Senate be in order. Cochran Johnson Senator from Washington (Mr. GORTON) Roth The PRESIDING OFFICER. The Sen- Craig Kerrey is necessarily absent. Crapo Landrieu Schumer Mr. REID. I announce that the Sen- ate will be in order. Smith (OR) There are now 2 minutes equally di- Daschle Lautenberg ator from Hawaii (Mr. AKAKA), the Sen- Domenici Levin Stevens vided on the Feingold amendment. Thomas ator from Massachusetts (Mr. KEN- Durbin Lincoln Mr. BYRD. Mr. President, the Chair Enzi Lott Torricelli NEDY), and the Senator from Con- can see that the Senate is not in order. Feinstein Lugar Wyden necticut (Mr. LIEBERMAN), are nec- May we have order. NOT VOTING—4 essarily absent. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Will Akaka Kennedy those Senators having conversations in Gorton Lieberman any other Senators in the Chamber the well please take them to the Cloak- The amendment (No. 4128) was re- who desire to vote? The result was announced—yeas 23, room. jected. The pending amendment is the Fein- Mr. ROTH. Mr. President, I move to nays 73, as follows: [Rollcall Vote No. 244 Leg.] gold amendment. reconsider the vote. Mr. BYRD. Mr. President, I ask that YEAS—23 Mr. MOYNIHAN. I move to lay that there be order in the Senate, that staff motion on the table. Ashcroft Hollings Shelby in the Senate take seats, that staff in The motion to lay on the table was Byrd Inhofe Smith (NH) the Senate get out of the well. agreed to. Campbell Jeffords Snowe Collins Kohl Thompson I thank the Chair. AMENDMENT NO. 4123 Edwards Lautenberg Thurmond AMENDMENT NO. 4138 The PRESIDING OFFICER. There Feingold Mikulski Torricelli The PRESIDING OFFICER. The Sen- are now 2 minutes. Hatch Sarbanes Wellstone Helms Sessions ator from Wisconsin has 1 minute. Mr. ROTH. Mr. President, I ask unan- Mr. FEINGOLD. Mr. President, my imous consent that on the three re- NAYS—73 amendment is eminently reasonable. maining stacked votes, they be limited Abraham Durbin Mack Allard This body is considering a bill that is to 10 minutes. Enzi McCain Baucus Feinstein McConnell The PRESIDING OFFICER. Without very likely to become law. We have a Bayh Fitzgerald Miller responsibility to take that bill seri- objection, it is so ordered. Bennett Frist Moynihan ously, to actually examine its con- Mr. BYRD. Mr. President, reserving Biden Graham Murkowski the right to object, and I will not ob- Bingaman Gramm Murray tents. Bond Grams Nickles All my amendment will do is, first, ject, who is going to pay attention if Boxer Grassley Reed Breaux Gregg require the Congressional-Executive we agree to have 10-minute votes? Does Reid anyone want to take a bet on it? We Brownback Hagel Commission to make recommendations Bryan Harkin Robb in its report. Secondly, we would re- will not defer to that request. It will Roberts Bunning Hutchinson quire the commission to report to the still be the same old thing—15 minutes, Burns Hutchison Rockefeller 20 minutes, 25 minutes, 30 minutes. Chafee, L. Inouye Roth Senate as well as to the House. Cur- Santorum I would be embarrassed. I would be Cleland Johnson rently, under the bill, the commission Cochran Kerrey Schumer reports only to the House International embarrassed to keep this Senate wait- Conrad Kerry Smith (OR) ing on me for a vote. I hope if I am ever Craig Kyl Specter Relations Committee. And third, it will out and the time is up, they will call it. Crapo Landrieu Stevens create a mechanism whereby any Mem- They won’t hear a peep out of me. Daschle Leahy Thomas ber of the Senate can call the commis- DeWine Levin Voinovich sion recommendations up on the floor We ought to respect the convenience Dodd Lincoln Warner so that these issues are not the exclu- and inconvenience of our colleagues Domenici Lott Wyden who are kept waiting here. Dorgan Lugar sive purview of certain committees. I withdraw my objection. NOT VOTING—4 The amendment will not require the The PRESIDING OFFICER. Without Akaka Kennedy commission to affirmatively approve objection, it is so ordered. Gorton Lieberman extension of PNTR. It will not infringe Mr. ROTH. Mr. President, I ask unan- The amendment (No. 4123) was re- on any Member’s right to amend legis- imous consent that we dispense with jected. lation on the floor. the 2 minutes before each of the other Mr. ROTH. I move to reconsider the I think it is difficult to argue that amendments on both sides. vote. this amendment does not improve the The PRESIDING OFFICER. Is there Mr. REID. I move to lay that motion commission and the bill. I urge my col- objection? on the table. leagues to take this process seriously. I Mr. BYRD. Mr. President, I object to The motion to lay on the table was urge them to support this amendment. that. agreed to. Mr. President, I ask for the yeas and Mr. LEAHY. I object to that. Mr. REID addressed the Chair. nays on my amendment. The PRESIDING OFFICER. There The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a are 2 minutes equally divided on the ator from Nevada. sufficient second? Helms amendment No. 4123. Mr. REID. Could the Chair inform There is a sufficient second. The Senator from Montana is recog- the Senate as to how long that 10- The Senator from Delaware has 1 nized. minute vote took? minute.

VerDate Mar 15 2010 23:19 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S13SE0.REC S13SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8492 CONGRESSIONAL RECORD — SENATE September 13, 2000 Mr. ROTH. Mr. President, I oppose The PRESIDING OFFICER (Mr. ROB- The result was announced—yeas 22, the Feingold amendment. Congress ERTS). The Chamber will come to order. nays 74, as follows: would, in effect, once again be asked to f [Rollcall Vote No. 246 Leg.] vote on China every year regarding the YEAS—22 AMENDMENT NO. 4120 commission’s recommendations on a Mr. WELLSTONE. Mr. President, I Ashcroft Harkin Sarbanes fast-track basis. I believe adoption of Bayh Helms Smith (NH) have cited both the State Department this amendment would unnecessarily Boxer Hollings Snowe Report on Human Rights and the Inter- Byrd Hutchinson risk the underlying bill. I urge my col- Specter national Labor Organization report Collins Inhofe Torricelli leagues to vote against it. Dorgan Leahy Wellstone I yield back the remainder of my this past year of courageous men and Feingold Mikulski time. women who have done nothing more Gregg Reed The PRESIDING OFFICER. The than protest deplorable working condi- NAYS—74 tions and try to organize and bargain question is on agreeing to amendment Abraham Enzi McCain No. 4138. The yeas and nays have been collectively and are now in prison. Allard Feinstein McConnell ordered. The clerk will call the roll. This amendment simply says that Baucus Fitzgerald Miller Bennett Frist The legislative clerk called the roll. PNTR depends upon an accounting Moynihan from the Chinese Government about Biden Graham Murkowski Mr. NICKLES. I announce that the Bingaman Gramm Murray Senator from Washington (Mr. GORTON) these people who are in prison and Bond Grams Nickles is necessarily absent. helps Congress in releasing these peo- Breaux Grassley Reid Mr. REID. I announce that the Sen- ple from prison. I say to my colleagues, Brownback Hagel Robb Bryan Hatch Roberts ator from Hawaii (Mr. AKAKA), the Sen- I believe during this debate we have Bunning Hutchison Rockefeller Burns Inouye ator from Massachusetts (Mr. KEN- put human rights concerns aside; we Roth Campbell Jeffords NEDY), and the Senator from Con- have put the rights of people who prac- Santorum Chafee, L. Johnson necticut (Mr. LIEBERMAN) are nec- tice religion aside. These questions Cleland Kerrey Schumer essarily absent. dealing with human rights, whether Cochran Kerry Sessions people are free to practice their reli- Conrad Kohl Shelby The PRESIDING OFFICER. Are there Smith (OR) gion, or whether people are free to pro- Craig Kyl any other Senators in the Chamber de- Crapo Landrieu Stevens siring to vote?–– test deplorable working conditions, are Daschle Lautenberg Thomas The result was announced—yeas 18, important concerns. Thank you for giv- DeWine Levin Thompson nays 78, as follows: ing me the opportunity to speak out on Dodd Lincoln Thurmond Domenici Lott Voinovich [Rollcall Vote No. 245 Leg.] these. I hope I will get a good vote. Durbin Lugar Warner YEAS—18 The PRESIDING OFFICER. The Sen- Edwards Mack Wyden Byrd Hollings Reed ator’s time has expired. The Senator NOT VOTING—4 Collins Hutchinson Sarbanes from Delaware is recognized. Akaka Kennedy DeWine Kohl Smith (NH) Mr. ROTH. Mr. President, this Gorton Lieberman Feingold Lautenberg Snowe amendment would unilaterally impose Harkin Leahy Thompson The amendment (No. 4120) was re- Helms Mikulski Wellstone conditions on the normalization of our jected. NAYS—78 trade relations with China that would Mr. ROTH. I move to reconsider the backfire by effectively barring access Abraham Durbin Mack vote. Allard Edwards McCain of U.S. companies to the Chinese mar- Mr. MOYNIHAN. I move to lay that Ashcroft Enzi McConnell kets on terms at least as good as other motion on the table. Baucus Feinstein Miller WTO members. The amendment would The motion to lay on the table was Bayh Fitzgerald Moynihan Bennett Frist Murkowski also eliminate the positive force that agreed to. Biden Graham Murray American companies can play in the Mr. REID. Mr. President, with the Bingaman Gramm Nickles Chinese market by potentially leading consent of my friend from Delaware, Bond Grams Reid to the delay in PNTR and cutting off the manager of this bill, I ask unani- Boxer Grassley Robb Breaux Gregg Roberts the benefit of China’s market access mous consent, upon disposition of H.R. Brownback Hagel Rockefeller commitment for U.S. firms. 4444, the Senate proceed to the consid- Bryan Hatch Roth The amendment would have the per- eration of Calendar No. 152, H.R. 1259, Bunning Hutchison Santorum the Social Security lockbox bill, and Burns Inhofe Schumer verse effect of narrowing the private Campbell Inouye Sessions sector in China in which some limited that it be considered under the fol- Chafee, L. Jeffords Shelby organizing is permitted. The point of lowing time limitation: 2 hours for de- Cleland Johnson Smith (OR) this bill is to level the playing field be- bate on the bill equally divided be- Cochran Kerrey Specter tween the managers; that Senator CON- Conrad Kerry Stevens tween the United States and China, all Craig Kyl Thomas of which would be forfeited if this RAD have a Social Security-Medicare Crapo Landrieu Thurmond amendment passes and becomes law. lockbox amendment; that Senator Daschle Levin Torricelli I yield the remainder of my time. GRAHAM of Florida have a Medicare Dodd Lincoln Voinovich prescription drug amendment; that Domenici Lott Warner Mr. WELLSTONE. Mr. President, I Dorgan Lugar Wyden ask for the yeas and nays. other relevant first-degree amend- ments be in order; and that relevant NOT VOTING—4 The PRESIDING OFFICER. Is there a sufficient second? second-degree amendments be in order. Akaka Kennedy Mr. CRAIG. I object. Gorton Lieberman There is a sufficient second. The PRESIDING OFFICER. An objec- The amendment (No. 4138) was re- The question is on agreeing to the tion is heard. jected. amendment No. 4120. The distinguished Senator from Dela- Mr. MOYNIHAN. Mr. President, I The clerk will call the roll. ware is recognized. move to reconsider the vote. The legislative clerk called the roll. Mr. ROTH. Mr. President, I ask con- Mr. ROTH. I move to lay that motion Mr. NICKLES. I announce that the sent that time on all remaining first- on the table. Senator from Washington (Mr. GORTON) degree amendments be limited to no The motion to lay on the table was is necessarily absent. more than 1 hour, to be equally divided agreed to. Mr. REID. I announce that the Sen- in the usual form, and that no second- The PRESIDING OFFICER. There ator from Hawaii (Mr. AKAKA), the Sen- degree amendments be in order prior to are 2 minutes equally divided on the ator from Massachusetts (Mr. KEN- the vote, and limited to the ones de- Wellstone amendment. NEDY), and the Senator from Con- scribed below. I further ask consent The Senator from Minnesota is rec- necticut (Mr. LIEBERMAN) are nec- that following these amendments in ognized. essarily absent. the allotted time specified below, the Mr. WELLSTONE. Mr. President, The PRESIDING OFFICER. Are there bill be advanced to third reading and may we have order in the Chamber be- any other Senators in the Chamber de- passage occur, all without any inter- fore I start? siring to vote?–– vening action or debate. I also ask that

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