[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          TRIBUTE TO KEN BURNS

                                 ______


                      HON. WILLIAM H. ZELIFF, JR.

                            of new hampshire

                    in the house of representatives

                        Friday, October 7, 1994

  Mr. ZELIFF. Mr. Speaker, there is nothing in this world that can 
compare to an autumn in New Hampshire. The warmth of summer has begun 
to fade and a cool brisk wind whistles through the clear New England 
sky reminding all that winter is surely on its way. But before the 
leaves fall and the first snow blankets the countryside, one eagerly 
anticipated event must occur--the World Series. Like the fall itself, 
baseball's World Series comes and passes each year, invoking the 
glorious memories of seasons past. However, for the first time in this 
century, the national pastime's greatest series will not arrive with 
the cool winds and changing foliage.
  While the cancellation of the fall classic has darkened the spirits 
of the entire country, one man has restored in the Nation a sense of 
nostalgia and hope for the future. Ken Burns' most recent 
accomplishment, ``Baseball'' is a tribute to not only the game of 
baseball, but also to the people of America. ``Baseball'' traces the 
evolution of the game, from its early roots in the 19th century, 
through the depression and World War II, culminating with the 1980's 
and a glimpse towards the future. All the while, ``Baseball'' 
demonstrates the remarkable relationship between a game and its 
country.
  However, I did not rise today to only pay tribute to a documentary. I 
rise to recognize Ken Burns. A resident of Walpole, NH, Ken Burns has 
written, produced and directed two historic television series, 
``Baseball'' and ``The Civil War.'' These landmark documentaries are 
ranked among the most watched events in PBS' history and are a 
testament to the talents of their author.
  Ken Burns has been honored with more than 40 major film and 
television awards, including two Emmy Awards, two Grammy Awards, and 
the Lincoln Prize. Also listed among his accomplishments are two Oscar 
nominations. I am certain that this list will continue to grow.
  Baseball may be gone for the year, but Ken Burns has helped resurrect 
the spirit that accompanies the waning days of the year when the boys 
of summer fight for the opportunity to pay the fall classic.
  On behalf of New Hampshire and the Nation, I want to thank Ken Burns 
for his efforts and wish him all the best in his future endeavors.
  But, as Secretary Brown's trip demonstrated, the United States 
business community is eager to pursue promising opportunities in China, 
and enhanced United States-Chinese commercial relations will no doubt 
greatly benefit both countries. However, in the mad dash to get a piece 
of the action, let's at least ensure that U.S. companies do not 
inadvertently contribute to the maintenance of the status quo.
  Mr. Speaker, many United States companies seem to believe it is 
axiomatic that the presence of Western business in China will help to 
usher in reform, but I have my doubts. The Western business community's 
ultimate value comes from their example, not their mere presence. They 
must adhere to internationally-recognized standards of labor law in 
order to be a catalyst for progress.
  But China's refusal to honor international labor standards plays a 
large part in creating the very environment that foreign business finds 
so attractive. For example, many Western companies are interested in 
transferring production to China because of its cheap labor costs. One 
reason labor costs are so low is the lack of OSHA protections. So, I 
wonder whether Western business will really want to uphold the health 
and safety regulations mandated by their own countries, as this would 
significantly raise the cost of doing business in China.
  Another reason for low wages is the absence of collective bargaining 
rights for workers. Of course, there are no rights in the Chinese 
workplace. Hence, although I applaud the American Chamber of Commerce 
in Hong Kong for its recent endorsement of a general code of Business 
Principles, I find it disturbing that this code is silent on freedom of 
association and expression in the workplace. Without these two 
fundamental guarantees, any attempt to ensure fair treatment of workers 
is meaningless.
  Mr. Speaker, I, therefore, am introducing legislation with my 
distinguished colleagues Jolene Unsoeld of Washington and Nancy Pelosi 
of California that would require United States businesses operating in 
China to follow internationally-recognized labor standards. This Code 
of Conduct is not burdensome or unreasonable. It would require United 
States businesses to ensure that their Chinese contractors maintain 
reasonable working hours, ensure safe working conditions, pay fair 
wages, treat all workers equally, and allow worker organizations and 
assemblies. There would be no direct oversight of their compliance; 
rather, the companies would annually report to the Secretary of State 
on their adherence to the principles.
  If United States business truly wants to promote positive change in 
China, then adherence to this Code of Conduct offers a tangible way to 
implement that agenda without in any way harming United States 
competitiveness in the marketplace. Demonstrating that the United 
States corporate community really does believe that good ethics and 
good business go hand-in-hand would send an unmistakable signal to the 
Chinese Government and provide powerful support to Chinese workers.
  Mr. Speaker, I ask that the text of our legislation be placed in the 
Record.

                                 H.R.--

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. STATEMENT OF PRINCIPLES.

       (a) Purpose.--It is the purpose of this Act to create 
     principles governing the conduct of United States economic 
     cooperation projects in the People's Republic of China and 
     Tibet.
       (b) Principles.--It is the sense of the Congress that any 
     United States economic cooperation project in the People's 
     Republic of China or Tibet should adhere to the following 
     principles:
       (1) Suspend the use of all goods, wares, articles, and 
     merchandise that are mined, produced, or manufactured, in 
     whole or in part, by convict labor or forced labor if there 
     is reason to believe that the material or product is produced 
     or manufactured by such convict or forced labor, and refuse 
     to use forced labor in the project.
       (2) Seek to ensure that political or religious views, sex, 
     ethnic or national background, involvement in political or 
     labor activities or nonviolent demonstrations, or association 
     with suspected or known dissidents will not prohibit hiring, 
     lead to harassment, demotion, or dismissal, or in any way 
     affect the status or terms of employment in the project. The 
     United States parent company of the United States economic 
     cooperation project should not discriminate in terms or 
     conditions of employment in the project against persons with 
     past records of arrests or internal exile for nonviolent 
     protest or membership in unofficial organizations committed 
     to nonviolence.
       (3) Ensure that methods of production used in the project 
     to do not pose an unnecessary physical danger to workers and 
     neighboring populations and property and that the project 
     does not unnecessarily risk harm to the surrounding 
     environment, and consult with community leaders regarding 
     environmental protection with respect to the project.
       (4) Strive to use business enterprises that are not 
     controlled by the Government of the People's Republic of 
     China or its authorized agents and departments as potential 
     partners in the project.
       (5) Prohibit any military presence on the premises of the 
     project.
       (6) Undertake to promote freedom of association and 
     assembly among the employees of the project. The United 
     States economic cooperation project should protest any 
     infringement by the Government of the People's Republic of 
     China of these freedoms to the appropriate authorities of 
     that Government and to the International Labor Organization, 
     which has an office in Beijing.
       (7) Use every possible channel of communication with the 
     Government of the People's Republic of China to urge that 
     Government to disclose publicly a complete list of all those 
     individuals arrested since March 1989, to end incommunicado 
     detention and torture, and to provide international observers 
     access to all places of detention in the People's Republic of 
     China and Tibet and to trials of prisoners arrested in 
     connection with the pro-democracy events of April through 
     June of 1989 and the pro-democracy demonstrations which have 
     taken place in Tibet since 1787.
       (8) Discourage or undertake to prevent compulsory political 
     indoctrination programs from taking place on the premises of 
     the operations of the project.
       (9) Promote freedom of expression, including the freedom to 
     seek, receive, and impart information and ideas of all kinds, 
     regardless of frontiers, either orally, in writing or in 
     print, in the form of art, or through any media. To this end, 
     the United States economic cooperation project should raise 
     with appropriate authorities of the Government of People's 
     Republic of China concerns about restrictions on importation 
     of foreign publications.
       (c) Promotion of Principles by Other Nations.--The 
     Secretary shall forward a copy of the principles set forth in 
     subsection (b) to the member nations of the Organization for 
     Economic Cooperation and Development and encourage them to 
     promote principles similar to these principles.

     SEC. 2 REGISTRATION REQUIREMENT.

       (a) In General.--Each United States parent company 
     conducting a United States economic cooperation project in 
     the People's Republic of China or Tibet shall register with 
     the Secretary and indicate whether such company agrees to 
     implement the principles set forth in section 1(b). No fee 
     shall be required for registration under this subsection.
       (b) Effective Date.--The registration requirement of 
     subsection (a) shall take effect 6 months after the date of 
     the enactment of this Act.

     SEC. 3. REPORTING REQUIREMENTS.

       (a) Report.--Each United States parent company conducting a 
     United States economic cooperation project in the People's 
     Republic of China or Tibet shall report to the Secretary 
     describing such company's adherence to the principles. Such 
     company shall submit a completed reporting form furnished by 
     the Secretary. The first report shall be submitted not later 
     than 1 year after the date on which the national registers 
     under section 2 and not later than the end of each 1-year 
     period occurring thereafter.
       (b) Review of Report.--The Secretary shall review each 
     report submitted under subsection (a) and determine whether 
     the United States parent company submitting the report is 
     adhering to the principles. The Secretary may request 
     additional information from the United States parent company 
     and other sources to verify the information contained in the 
     report submitted by the company.
       (c) Annual Report.--The Secretary shall submit a report to 
     the Congress and to the Secretariat of the Organization for 
     Economic Cooperation and Development describing the level of 
     adherence to the principles by United States parent companies 
     subject to the reporting requirement of subsection (a). This 
     report shall be submitted not later than 2 years after the 
     date of the enactment of this Act and not later than the end 
     of each 1-year period occurring thereafter.

     SEC. 4. EXPORT MARKETING SUPPORT.

       (a) Support.--A Federal agency may intercede with a foreign 
     government or foreign national regarding export marketing 
     activity in the People's Republic of China or Tibet on behalf 
     of a United States parent company subject to the reporting 
     requirements of section 3(a) only if that company adheres to 
     the principles.
       (b) Effective Date.--Subsection (a) shall take effect 2 
     years after the date of enactment of this Act.

     SEC. 5. DEFINITIONS.

       For purposes of this Act--
       (1) the terms ``adhere to the principles'', ``adhering to 
     the principles'' and ``adherence to the principles'' mean--
       (A) agreeing to implement the principles set forth in 
     section 1(b);
       (B) implementing those principles by taking good faith 
     measures with respect to each such principle; and
       (C) reporting accurately to the Secretary on the measures 
     taken to implement those principles;
       (2) the term ``intercede with a foreign government or 
     foreign national'' includes any contact by an officer or 
     employee of the United States with officials of any foreign 
     government or foreign national involving or contemplating any 
     effort to assist in selling a good, service, or technology in 
     the People's Republic of China or Tibet, except that such 
     term does not include multilateral or bilateral government-
     to-government trade negotiations intended to resolve trade 
     issues which may affect United States parent companies who do 
     not adhere to the principles;
       (3) the term ``organized under the laws of the United 
     States'' means organized under the laws of the United States, 
     any State of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, or any other territory or possession of the 
     United States;
       (4) the term ``Secretary'' means the Secretary of State;
       (5) the term ``United States economic cooperation project'' 
     means--
       (A) an equity joint venture, a cooperative joint venture, 
     or a wholly foreign-owned enterprise established under the 
     laws of the People's Republic of China, in which--
       (i) a corporation, partnership, wholly-owned subsidiary, or 
     other business association organized under the laws of the 
     United States is an investor, or
       (ii) a corporation, partnership, or other business 
     association organized under the laws of a country other than 
     the United States or under the laws of a territory or 
     possession of a country other than the United States, which 
     is wholly owned by a corporation, partnership, or other 
     business association organized under the laws of the United 
     States, is an investor,

     and which employs more than 50 individuals in the People's 
     Republic of China or Tibet; or
       (B) a branch office or representative office--
       (i) of a corporation, partnership, wholly-owned subsidiary, 
     or other business association organized under the laws of the 
     United States, or
       (ii) of a corporation, partnership or other business 
     association organized under the laws of a country other than 
     the United States or under the laws of a territory or 
     possession of a country other than the United States, which 
     is wholly owned by a corporation, partnership, or other 
     business association organized under the laws of the United 
     States,

     which employs more than 25 employees in the People's Republic 
     of China or Tibet; and
       (6) the term ``United States parent company'' means a 
     corporation, partnership, or other business association 
     organized under the laws of the United States which is--
       (A) the direct investor in a United States economic 
     corporation project as described in paragraph (5)(A)(i), or 
     the sole owner of the investor in a United States economic 
     cooperation project as described in paragraph (5)(A)(ii); or
       (B) the registrant in the People's Republic of China of a 
     branch office or a representative office as described in 
     paragraph (5)(B)(i), or the sole owner of the registrant of a 
     branch office or representative office as described in 
     paragraph (5)(B)(ii).

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