[Congressional Record Volume 143, Number 90 (Tuesday, June 24, 1997)]
[Senate]
[Page S6198]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          THE CHINA SANCTIONS AND HUMAN RIGHTS ADVANCEMENT ACT

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               COVERDELL (AND ABRAHAM) AMENDMENT NO. 442

  (Ordered referred to the Committee on Foreign Relations.)
  Mr. COVERDELL (for himself and Mr. Abraham) submitted an amendment 
intended to be proposed by them to the bill, S. 810, to impose certain 
sanctions on the People's Republic of China, and for other purposes; as 
follows:

       On page 18, below line 2, add the following:

     SEC. 8. TRANSFERS OF SENSITIVE EQUIPMENT AND TECHNOLOGY BY 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Findings.--Congress makes the following findings:
       (1) Credible allegations exist that the People's Republic 
     of China has transferred equipment and technology as follows:
       (A) Gyroscopes, accelerometers, and test equipment for 
     missiles to Iran.
       (B) Chemical weapons equipment and technology to Iran.
       (C) Missile guidance systems and computerized machine tools 
     to Iran.
       (D) Industrial furnace equipment and high technology 
     diagnostic equipment to a nuclear facility in Pakistan.
       (E) Blueprints and equipment to manufacture M-11 missiles 
     to Pakistan.
       (F) M-11 missiles and components to Pakistan.
       (2) The Department of State has failed to determine whether 
     most such transfers violate provisions of relevant United 
     States and Executive orders relating to the proliferation of 
     sensitive equipment and technology, including the Arms Export 
     Control Act, the Nuclear Proliferation Prevention Act of 
     1994, the Export Administration Act of 1979, the Export-
     Import Bank Act of 1945, and the Iran-Iraq Arms Non-
     Proliferation Act of 1992, and Executive Order 12938.
       (3) Where the Department of State has made such 
     determinations, it has imposed the least onerous form of 
     sanction, which significantly weakens the intended deterrent 
     effect of the sanctions provided for in such laws.
       (4) The Clinton Administration decided not to impose 
     sanctions on the People's Republic of China for its transfer 
     of C-802 anti-ship cruise missiles to Iran, finding that the 
     transfer was not ``destabilizing''.
       (5) That finding is contrary to the judgment of the 
     commander of the United States Fifth Fleet, elements of which 
     are frequently deployed in and around the Persian Gulf.
       (6) Despite the fact that officials of the People's 
     Republic of China were responsible for the sale to Pakistan 
     of specialized ring magnets, which are used to enrich uranium 
     for use in nuclear weapons, the Clinton Administration did 
     not impose sanctions on either the People's Republic of China 
     or Pakistan for such sale, even though sanctions are required 
     for such sale under law.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the transfers of equipment and technology by the 
     People's Republic of China described in subsection (a)(1) 
     pose a threat to the national security interests of the 
     United States;
       (2) the failure of the Clinton Administration to initiate a 
     formal process to determine whether to impose sanctions for 
     such transfers under United States laws intended to halt the 
     proliferation of sensitive equipment and technology 
     contributes to the threat posed to the national security 
     interests of the United States by the proliferation of such 
     equipment and technology; and
       (3) the President should immediately initiate the 
     procedures necessary to determine whether sanctions should be 
     imposed under United States law for such transfers.
       (c) Report.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report, in both classified and unclassified form, setting 
     forth--
       (1) the date, if any, of the commencement and of the 
     conclusion of each formal process conducted by the Department 
     of State to determine whether to impose sanctions for each 
     transfer described in subsection (a)(1);
       (2) the facts providing the basis for each determination 
     not to impose sanctions on the Government of the People's 
     Republic of China, or entities within or having a 
     relationship with that government, for each transfer, and the 
     legal analysis supporting such determinations; and
       (3) a schedule for initiating a formal process described in 
     paragraph (10 for each transfer not yet addressed by such 
     formal process and an explanation for the failure to commence 
     such formal process with respect to such transfer before the 
     date of the report.

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