[Congressional Record Volume 144, Number 64 (Tuesday, May 19, 1998)]
[Senate]
[Pages S5135-S5138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT

                                 ______
                                 

               FAIRCLOTH (AND OTHERS) AMENDMENT NO. 2421

  Mr. FAIRCLOTH (for himself, Mr. Sessions, and Mr. McConnell) proposed 
an amendment to the bill (S. 1415) to reform and restructure the 
processes by which tobacco products are manufactured, marketed, and 
distributed, to prevent the use of tobacco products by minors, to 
redress the adverse health effects of tobacco use, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . LIMIT ON ATTORNEY'S FEES.

       (a) Fee Arrangements.--Subsection (f) shall apply to 
     attorneys' fees provided for or in connection with an action 
     of the type described in such subsection under any--
       (1) court order;
       (2) settlement agreement;
       (3) contingency fee arrangement;
       (4) arbitration procedure;
       (5) alternative dispute resolution procedure (including 
     mediation);
       (6) retainer agreements; or
       (7) other arrangement providing for the payment of 
     attorneys' fees.
       (b) Requirements.--No award of attorneys' fees under any 
     action to which this Act applies shall be made under this Act 
     until the attorneys involved have--
       (1) provided to the Congress a detailed time accounting 
     with respect to the work performed in relation to the legal 
     action involved; and
       (2) made public disclosure of the time accounting under 
     paragraph (1) and any fee arrangements entered into, or fee 
     arrangements made, with respect to the legal action involved.
       (c) Application.--This section shall apply to fees paid or 
     to be paid to attorneys under any arrangement described in 
     subsection (a)--
       (1) who acted on behalf of a State or political subdivision 
     of a State in connection with any past litigation of an 
     action maintained by a State against one or more tobacco 
     companies to recover tobacco-related medicaid expenditures;
       (2) who acted on behalf of a State or political subdivision 
     of a State in connection with any future litigation of an 
     action maintained by a State against one or more tobacco 
     companies to recover tobacco-related medicaid expenditures;
       (3) who act at some future time on behalf of a State or 
     political subdivision of a State in connection with any past 
     litigation of an action maintained by a State against one or 
     more tobacco companies to recover tobacco-related medicaid 
     expenditures;
       (4) who act at some future time on behalf of a State or 
     political subdivision of a State in connection with any 
     future litigation of an action maintained by a State against 
     one or more tobacco companies to recover tobacco-related 
     medicaid expenditures;
       (5) who acted on behalf of a plaintiff class in civil 
     actions to which this Act applies that are brought against 
     participating or nonparticipating tobacco manufacturers;
       (6) who act at some future time on behalf of a plaintiff 
     class in civil actions to which this Act applies that are 
     brought against participating or nonparticipating tobacco 
     manufacturers;
       (7) who acted on behalf of a plaintiff in civil actions to 
     which this Act applies that are brought against participating 
     or nonparticipating tobacco manufacturers;
       (8) who act at some future time on behalf of a plaintiff in 
     civil actions to which this Act applies that are brought 
     against participating or nonparticipating tobacco 
     manufacturers;
       (9) who expended efforts that in whole or in part resulted 
     in or created a model for programs in this Act;
       (10) who acted on behalf of a defendant in any of the 
     matters set forth in paragraphs (1) through (9) of this 
     subsection; or
       (11) who act at some future time on behalf of a defendant 
     in any of the matters set forth in paragraphs (1) through (9) 
     of this subsection.
       (d) Report.--
       (1) Each attorney whose fees for services already rendered 
     are subject to subsection (a) shall, within 60 days of the 
     date of the enactment of this Act, submit to Committees on 
     the Judiciary of the House of Representatives and the Senate 
     a comprehensive record of the time and expenses for which the 
     fees are to be paid. Such record shall be subject to section 
     1001(a) of title 18, United States Code.
       (2) Each attorney whose fees for services rendered in the 
     future are subject to subsection (a) shall, within 60 days of 
     the completion of the attorney's services, submit to 
     Committees on the Judiciary of the House of Representatives 
     and the Senate a comprehensive record of the time and 
     expenses for which the fees are to be paid. Such record shall 
     be subject to section 1001(a) of title 18, United States 
     Code.
       (e) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is held to be unconstitutional, the remainder of this section 
     and the application of the provisions of such to any person 
     or circumstance shall not be affected thereby.
       (f) General Limitation.--Notwithstanding any other 
     provision of law, for each hour spent productively and at 
     risk, separate from the reimbursement of actual out-of-pocket 
     expenses as approved by the court in such action, any 
     attorneys' fees or expenses paid to attorneys for matters 
     described in subsection (c) shall not exceed $250 per hour.


[[Page S5136]]


                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 2422

  Mr. KENNEDY (for himself, Mr. Lautenberg, Mr. Conrad, Mr. Graham, Mr. 
Wellstone, and Mr. Harkin) proposed an amendment to the bill, S. 1415, 
supra; as follows:

       Beginning in section 402, strike subsection (b) and all 
     that follows through section 403(2) and insert the following:
       (b) Annual Payments.--Each calendar year beginning after 
     the required payment date under subsection (a)(3) the 
     participating tobacco product manufacturers shall make total 
     payments into the Fund for each calendar year in the 
     following applicable base amounts, subject to adjustment as 
     provided in paragraph (4) and section 403:
       (1) For year 1--$14,400,000,000;
       (2) For year 2, an amount equal to the product of $1.00 and 
     the total number of units of tobacco products that were sold 
     in the United States in the previous year.
       (3) For year 3, an amount equal to the product of $1.50 and 
     the total number of units of tobacco products that were sold 
     in the United States in the previous year.
       (4) For year 4, and each subsequent year, an amount equal 
     to the amount paid in the prior year, multiplied by a ratio 
     in which the numerator is the number of units of tobacco 
     products sold in the prior year and the denominator is the 
     number of units of tobacco products sold in the year before 
     the prior year, adjusted in accordance with section 403.
       (c) Payment Schedule; Reconciliation.--
       (1) Estimated payments.--Deposits toward the annual payment 
     liability for each calendar year under subsection (d)(2) 
     shall be made in 3 equal installments due on March 1st, on 
     June 1st, and on August 1st of each year. Each installment 
     shall be equal to one-third of the estimated annual payment 
     liability for that calendar year. Deposits of installments 
     paid after the due date shall accrue interest at the prime 
     rate plus 10 percent per annum, as published in the Wall 
     Street Journal on the latest publication date on or before 
     the payment date.
       (2) Reconciliation.--If the liability for a calendar year 
     under subsection (d)(2) exceeds the deposits made during that 
     calendar year, the manufacturer shall pay the unpaid 
     liability on March 1st of the succeeding calendar year, along 
     with the first deposit for that succeeding year. If the 
     deposits during a calendar year exceed the liability for the 
     calendar year under subsection (d)(2), the manufacturer shall 
     subtract the amount of the excess deposits from its deposit 
     on March 1st of the succeeding calendar year.
       (d) Apportionment of Annual Payment.--
       (1) In general.--Each tobacco product manufacturer is 
     liable for its share of the applicable base amount payment 
     due each year under subsection (b). The annual payment is the 
     obligation and responsibility of only those tobacco product 
     manufacturers and their affiliates that directly sell tobacco 
     products in the domestic market to wholesalers, retailers, or 
     consumers, their successors and assigns, and any subsequent 
     fraudulent transferee (but only to the extent of the interest 
     or obligation fraudulently transferred).
       (2) Determination of amount of payment due.--Each tobacco 
     product manufacturer is liable for its share of each 
     installment in proportion to its share of tobacco products 
     sold in the domestic market for the calendar year. One month 
     after the end of the calendar year, the Secretary shall make 
     a final determination of each tobacco product manufacturer's 
     applicable base amount payment obligation.
       (3) Calculation of tobacco product manufacturer's share of 
     annual payment.--The share of the annual payment apportioned 
     to a tobacco product manufacturer shall be equal to that 
     manufacturer's share of adjusted units, taking into account 
     the manufacturer's total production of such units sold in the 
     domestic market. A tobacco product manufacturer's share of 
     adjusted units shall be determined as follows:
       (A) Units.--A tobacco product manufacturer's number of 
     units shall be determined by counting each--
       (i) pack of 20 cigarettes as 1 adjusted unit;
       (ii) 1.2 ounces of moist snuff as 0.75 adjusted unit; and
       (iii) 3 ounces of other smokeless tobacco product as 0.35 
     adjusted units.
       (B) Determination of adjusted units.--Except as provided in 
     subparagraph (C), a smokeless tobacco product manufacturer's 
     number of adjusted units shall be determined under the 
     following table:

------------------------------------------------------------------------
                                             Each unit shall be treated 
                 For units:                              as:            
------------------------------------------------------------------------
Not exceeding 150 million                   70% of a unit               
Exceeding 150 million                       100% of a unit              
------------------------------------------------------------------------

       (C) Adjusted units determined on total domestic 
     production.--For purposes of determining a manufacturer's 
     number of adjusted units under subparagraph (B), a 
     manufacturer's total production of units, whether intended 
     for domestic consumption or export, shall be taken into 
     account.
       (D) Special rule for large manufacturers.--If a tobacco 
     product manufacturer has more than 200 million units under 
     subparagraph (A), then that manufacturer's number of adjusted 
     units shall be equal to the total number of units, and not 
     determined under subparagraph (B).
       (E) Smokeless equivalency study.--Not later than January 1, 
     2003, the Secretary shall submit to the Congress a report 
     detailing the extent to which youths are substituting 
     smokeless tobacco products for cigarettes. If the Secretary 
     determines that significant substitution is occurring, the 
     Secretary shall include in the report recommendations to 
     address substitution, including consideration of modification 
     of the provisions of subparagraph (A).
       (e) Computations.--The determinations required by 
     subsection (d) shall be made and certified by the Secretary 
     of Treasury. The parties shall promptly provide the Treasury 
     Department with information sufficient for it to make such 
     determinations.
       (f) Nonapplication to Certain Manufacturers.--
       (1) Exemption .--A manufacturer described in paragraph (3) 
     is exempt from the payments required by subsection (b).
       (2) Limitation.--Paragraph (1) applies only to assessments 
     on cigarettes to the extent that those cigarettes constitute 
     less than 3 percent of all cigarettes manufactured and 
     distributed to consumers in any calendar year.
       (3) Tobacco product manufacturers to which subsection 
     applies.--A tobacco product manufacturer is described in this 
     paragraph if it--
       (A) resolved tobacco-related civil actions with more than 
     25 States before January 1, 1998, through written settlement 
     agreements signed by the attorneys general (or the equivalent 
     chief legal officer if there is no office of attorney 
     general) of those States; and
       (B) provides to all other States, not later than December 
     31, 1998, the opportunity to enter into written settlement 
     agreements that--
       (i) are substantially similar to the agreements entered 
     into with those 25 States; and
       (ii) provide the other States with annual payment terms 
     that are equivalent to the most favorable annual payment 
     terms of its written settlement agreements with those 25 
     States.

     SEC. 403. ADJUSTMENTS.

       The applicable base amount under section 402(b) for a given 
     calendar year shall be adjusted as follows in determining the 
     annual payment for that year:
       (1) In general.--Beginning with the sixth calendar year 
     after the date of enactment of this Act, the adjusted 
     applicable base amount under section 402(b)(4) is the amount 
     of the annual payment made for the preceding year increased 
     by the greater of 3 percent or the annual increase in the 
     CPI.
       (2) CPI.--For purposes of subparagraph (A), the CPI for any 
     calendar year is the average of the Consumer Price Index for 
     all-urban consumers published by the Department of Labor.
       (3) Rounding.--If any increase determined under 
     subparagraph (A) is not a multiple of $1,000, the increase 
     shall be rounded to the nearest multiple of $1,000.

                           Amendment No. 2423

       Add at the end the following new sections:

     SEC. ____. CONGRESSIONAL STATEMENT OF POLICY.

       It is the sense of Congress that the President should make 
     freedom of religion one of the major objectives of United 
     States foreign policy with respect to China. As part of this 
     policy, the Department of State should raise in every 
     relevant bilateral and multilateral forum the issue of 
     individuals imprisoned, detained, confined, or otherwise 
     harassed by the Chinese Government on religious grounds. In 
     its communications with the Chinese Government, the 
     Department of State should provide specific names of 
     individuals of concern and request a complete and timely 
     response from the Chinese Government regarding the 
     individuals' whereabouts and condition, the charges against 
     them, and sentence imposed. The goal of these official 
     communications should be the expeditious release of all 
     religious prisoners in China and Tibet and the end of the 
     Chinese Government's policy and practice of harassing and 
     repressing religious believers.

     SEC. ____. PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION 
                   OF CERTAIN CHINESE OFFICIALS IN CONFERENCES, 
                   EXCHANGES, PROGRAMS, AND ACTIVITIES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, for fiscal years after fiscal year 1997, no funds 
     appropriated or otherwise made available for the Department 
     of State, the United States Information Agency, and the 
     United States Agency for International Development may be 
     used for the purpose of providing travel expenses and per 
     diem for the participation of nationals of the People's 
     Republic of China described in paragraphs (1) and (2) in 
     conferences, exchanges, programs, and activities:
       (1) The head or political secretary of any of the following 
     Chinese Government-created or approved organizations:
       (A) The Chinese Buddhist Association.
       (B) The Chinese Catholic Patriotic Association.
       (C) The National Congress of Catholic Representatives.
       (D) The Chinese Catholic Bishops' Conference.
       (E) The Chinese Protestant ``Three Self'' Patriotic 
     Movement.
       (F) The China Christian Council.
       (G) The Chinese Taoist Association.
       (H) The Chinese Islamic Association.
       (2) Any military or civilian official or employee of the 
     Government of the People's Republic of China who carried out 
     or directed the carrying out of any of the following policies 
     or practices:

[[Page S5137]]

       (A) Formulating, drafting, or implementing repressive 
     religious policies.
       (B) Imprisoning, detaining, or harassing individuals on 
     religious grounds.
       (C) Promoting or participating in policies or practices 
     which hinder religious activities or the free expression of 
     religious beliefs.
       (b) Certification.--
       (1) Each Federal agency subject to the prohibition of 
     subsection (a) shall certify in writing to the appropriate 
     congressional committees no later than 120 days after the 
     date of enactment of this Act, and every 90 days thereafter, 
     that it did not pay, either directly or through a contractor 
     or grantee, for travel expenses or per diem of any national 
     of the People's Republic of China described in subsection 
     (a).
       (2) Each certification under paragraph (1) shall be 
     supported by the following information:
       (A) The name of each employee of any agency of the 
     Government of the People's Republic of China whose travel 
     expenses or per diem were paid by funds of the reporting 
     agency of the United States Government.
       (B) The procedures employed by the reporting agency of the 
     United States Government to ascertain whether each individual 
     under subparagraph (A) did or did not participate in 
     activities described in subsection (a)(2).
       (C) The reporting agency's basis for concluding that each 
     individual under subparagraph (A) did not participate in such 
     activities.
       (c) Definition of Appropriate Congressional Committees.--
     For purposes of this section the term ``appropriate 
     congressional committees'' means the Committee on Foreign 
     Relations of the Senate and the Committee on International 
     Relations of the House of Representatives.

     SEC. ____. CERTAIN OFFICIALS OF THE PEOPLE'S REPUBLIC OF 
                   CHINA INELIGIBLE TO RECEIVE VISAS AND EXCLUDED 
                   FROM ADMISSION.

       (a) Requirement.--Notwithstanding any other provision of 
     law, any national of the People's Republic of China described 
     in section ____(a)(2) (except the head of state, the head of 
     government, and cabinet level ministers) shall be ineligible 
     to receive visas and shall be excluded from admission into 
     the United States.
       (b) Waiver.--The President may waive the requirement in 
     subsection (a) with respect to an individual described in 
     such subsection if the President--
       (1) determines that it is vital to the national interest to 
     do so; and
       (2) provides written notification to the appropriate 
     congressional committees (as defined in section ____(c)) 
     containing a justification for the waiver.

     SEC. ____. SUNSET PROVISION.

       Sections ____ and ____ shall cease to have effect 4 years 
     after the date of the enactment of this Act.

                           Amendment No. 2424

       Add at the end the following new title:
                 TITLE ____--FORCED ABORTIONS IN CHINA

     SEC. ____. SHORT TITLE.

       This title may be cited as the ``Forced Abortion 
     Condemnation Act''.

     SEC. ____. FINDINGS.

       Congress makes the following findings:
       (1) Forced abortion was rightly denounced as a crime 
     against humanity by the Nuremberg War Crimes Tribunal.
       (2) For over 15 years there have been frequent and credible 
     reports of forced abortion and forced sterilization in 
     connection with the population control policies of the 
     People's Republic of China. These reports indicate the 
     following:
       (A) Although it is the stated position of the politburo of 
     the Chinese Communist Party that forced abortion and forced 
     sterilization have no role in the population control program, 
     in fact the Communist Chinese Government encourages both 
     forced abortion and forced sterilization through a 
     combination of strictly enforced birth quotas and immunity 
     for local population control officials who engage in 
     coercion. Officials acknowledge that there have been 
     instances of forced abortions and sterilization, and no 
     evidence has been made available to suggest that the 
     perpetrators have been punished.
       (B) People's Republic of China population control 
     officials, in cooperation with employers and works unit 
     officials, routinely monitor women's menstrual cycles and 
     subject women who conceive without government authorization 
     to extreme psychological pressure, to harsh economic 
     sanctions, including unpayable fines and loss of employment, 
     and often to physical force.
       (C) Official sanctions for giving birth to unauthorized 
     children include fines in amounts several times larger than 
     the per capita annual incomes of residents of the People's 
     Republic of China. In Fujian, for example, the average fine 
     is estimated to be twice a family's gross annual income. 
     Families which cannot pay the fine may be subject to 
     confiscation and destruction of their homes and personal 
     property.
       (D) Especially harsh punishments have been inflicted on 
     those whose resistance is motivated by religion. For example, 
     according to a 1995 Amnesty International report, the 
     Catholic inhabitants of 2 villages in Hebei Province were 
     subjected to population control under the slogan ``better to 
     have more graves than one more child''. Enforcement measures 
     included torture, sexual abuse, and the detention of 
     resisters' relatives as hostages.
       (E) Forced abortions in Communist China often have taken 
     place in the very late stages of pregnancy.
       (F) Since 1994 forced abortion and sterilization have been 
     used in Communist China not only to regulate the number of 
     children, but also to eliminate those who are regarded as 
     defective in accordance with the official eugenic policy 
     known as the ``Natal and Health Care Law''.

     SEC. ____. DENIAL OF ENTRY INTO THE UNITED STATES OF PERSONS 
                   IN THE PEOPLE'S REPUBLIC OF CHINA ENGAGED IN 
                   ENFORCEMENT OF FORCED ABORTION POLICY.

       The Secretary of State may not issue any visa to, and the 
     Attorney General may not admit to the United States, any 
     national of the People's Republic of China, including any 
     official of the Communist Party or the Government of the 
     People's Republic of China and its regional, local, and 
     village authorities (except the head of state, the head of 
     government, and cabinet level ministers) who the Secretary 
     finds, based on credible information, has been involved in 
     the establishment or enforcement of population control 
     policies resulting in a woman being forced to undergo an 
     abortion against her free choice, or resulting in a man or 
     woman being forced to undergo sterilization against his or 
     her free choice.

     SEC. ____. WAIVER.

       The President may waive the requirement contained in 
     section ____ with respect to a national of the People's 
     Republic of China if the President--
       (1) determines that it is in the national interest of the 
     United States to do so; and
       (2) provides written notification to Congress containing a 
     justification for the waiver.
                                  ____


                           Amendment No. 2425

       Add at the end the following new title:
         TITLE ____--OPPOSITION TO CONCESSIONAL LOANS TO CHINA

     SEC. ____. SHORT TITLE.

       This title may be cited as the ``Communist China Subsidy 
     Reduction Act of 1998''.

     SEC. ____. FINDINGS.

       Congress finds that--
       (1) the People's Republic of China has enjoyed ready access 
     to international capital through commercial loans, direct 
     investment, sales of securities, bond sales, and foreign aid;
       (2) regarding international commercial lending, the 
     People's Republic of China had $48,000,000,000 in loans 
     outstanding from private creditors in 1995;
       (3) regarding international direct investment, 
     international direct investment in the People's Republic of 
     China from 1993 through 1995 totaled $97,151,000,000, and in 
     1996 alone totaled $47,000,000,000;
       (4) regarding investment in Chinese securities, the 
     aggregate value of outstanding Chinese securities currently 
     held by Chinese nationals and foreign persons is 
     $175,000,000,000, and from 1993 through 1995 foreign persons 
     invested $10,540,000,000 in Chinese stocks;
       (5) regarding investment in Chinese bonds, entities 
     controlled by the Government of the People's Republic of 
     China have issued 75 bonds since 1988, including 36 dollar-
     denominated bond offerings valued at more than 
     $6,700,000,000, and the total value of long-term Chinese 
     bonds outstanding as of January 1, 1996, was $11,709,000,000;
       (6) regarding international assistance, the People's 
     Republic of China received almost $1,000,000,000 in foreign 
     aid grants and an additional $1,566,000,000 in technical 
     assistance grants from 1993 through 1995, and in 1995 
     received $5,540,000,000 in bilateral assistance loans, 
     including concessional aid, export credits, and related 
     assistance; and
       (7) regarding international financial institutions--
       (A) despite the People's Republic of China's access to 
     international capital and world financial markets, 
     international financial institutions have annually provided 
     it with more than $4,000,000,000 in loans in recent years, 
     amounting to almost a third of the loan commitments of the 
     Asian Development Bank and 17.1 percent of the loan approvals 
     by the International Bank for Reconstruction and Development 
     in 1995; and
       (B) the People's Republic of China borrows more from the 
     International Bank for Reconstruction and Development and the 
     Asian Development Bank than any other country, and loan 
     commitments from those institutions to the People's Republic 
     of China quadrupled from $1,100,000,000 in 1985 to 
     $4,300,000,000 by 1995.

     SEC. ____. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS 
                   TO THE PEOPLE'S REPUBLIC OF CHINA.

       Title XV of the International Financial Institutions Act 
     (22 U.S.C. 262o-262o-1) is amended by adding at the end the 
     following:

     ``SEC. 1503. OPPOSITION OF UNITED STATES TO CONCESSIONAL 
                   LOANS TO THE PEOPLE'S REPUBLIC OF CHINA.

       ``(a) In General.--The Secretary of the Treasury shall 
     instruct the United States Executive Directors at each 
     international financial institution (as defined in section 
     1702(c)(2) of the International Financial Institutions Act) 
     to use the voice and vote of the United States to oppose the 
     provision by the institution of concessional loans to the 
     People's Republic of China, any citizen or national of the 
     People's Republic of China, or any entity established in the 
     People's Republic of China.
       ``(b) Concessional Loans Defined.--As used in subsection 
     (a), the term `concessional

[[Page S5138]]

     loans' means loans with highly subsidized interest rates, 
     grace periods for repayment of 5 years or more, and 
     maturities of 20 years or more.''.

     SEC. ____. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED 
                   STATES NATIONAL CONDUCTING AN INDUSTRIAL 
                   COOPERATION PROJECT IN THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Purpose.--It is the purpose of this section to create 
     principles governing the conduct of industrial cooperation 
     projects of United States nationals in the People's Republic 
     of China.
       (b) Statement of Principles.--It is the sense of Congress 
     that any United States national conducting an industrial 
     cooperation project in the People's Republic of China should:
       (1) Suspend the use of any goods, wares, articles, or 
     merchandise that the United States national has reason to 
     believe were mined, produced, or manufactured, in whole or in 
     part, by convict labor or forced labor, and refuse to use 
     forced labor in the industrial cooperation project.
       (2) Seek to ensure that political or religious views, sex, 
     ethnic or national background, involvement in political 
     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 industrial 
     cooperation project. The United States national should not 
     discriminate in terms or conditions of employment in the 
     industrial cooperation project against persons with past 
     records of arrest or internal exile for nonviolent protest or 
     membership in unofficial organizations committed to 
     nonviolence.
       (3) Ensure that methods of production used in the 
     industrial cooperation project do not pose an unnecessary 
     physical danger to workers and neighboring populations or 
     property, and that the industrial cooperation project does 
     not unnecessarily risk harm to the surrounding environment; 
     and consult with community leaders regarding environmental 
     protection with respect to the industrial cooperation 
     project.
       (4) Strive to establish a private business enterprise when 
     involved in an industrial cooperation project with the 
     Government of the People's Republic of China or other state 
     entity.
       (5) Discourage any Chinese military presence on the 
     premises of any industrial cooperation projects which involve 
     dual-use technologies.
       (6) Undertake to promote freedom of association and 
     assembly among the employees of the United States national. 
     The United States national should protest any infringement by 
     the Government of the People's Republic of China of these 
     freedoms to the International Labor Organization's office in 
     Beijing.
       (7) Provide the Department of State with information 
     relevant to the Department's efforts to collect information 
     on prisoners for the purposes of the Prisoner Information 
     Registry, and for other purposes.
       (8) Discourage or undertake to prevent compulsory political 
     indoctrination programs from taking place on the premises of 
     the industrial cooperation 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 national should raise with appropriate 
     authorities of the Government of the People's Republic of 
     China concerns about restrictions on the free flow of 
     information.
       (10) Undertake to prevent harassment of workers who, 
     consistent with the United Nations World Population Plan of 
     Action, decide freely and responsibly the number and spacing 
     of their children; and prohibit compulsory population control 
     activities on the premises of the industrial cooperation 
     project.
       (c) Promotion of Principles by Other Nations.--The 
     Secretary of State 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.
       (d) Registration Requirement.--
       (1) In general.--Each United States national conducting an 
     industrial cooperation project in the People's Republic of 
     China shall register with the Secretary of State and indicate 
     that the United States national agrees to implement the 
     principles set forth in subsection (b). No fee shall be 
     required for registration under this subsection.
       (2) Preference for participation in trade missions.--The 
     Secretary of Commerce shall consult the register prior to the 
     selection of private sector participants in any form of trade 
     mission to China, and undertake to involve those United 
     States nationals that have registered their adoption of the 
     principles set forth above.
       (e) Definitions.--As used in this section--
       (1) the term ``industrial cooperation project'' refers to a 
     for-profit activity the business operations of which employ 
     more than 25 individuals or have assets greater than $25,000; 
     and
       (2) the term ``United States national'' means--
       (A) a citizen or national of the United States or a 
     permanent resident of the United States; and
       (B) a corporation, partnership, or other business 
     association organized under the laws of the United States, 
     any State or territory thereof, the District of Columbia, the 
     Commonwealth of Puerto Rico, or the Commonwealth of the 
     Northern Mariana Islands.

     SEC. ____. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, 
                   AGRICULTURAL, MILITARY, LEGAL, POLITICAL, AND 
                   ARTISTIC EXCHANGES BETWEEN THE UNITED STATES 
                   AND CHINA.

       (a) Exchanges Between the United States and China.--
     Agencies of the United States Government which engage in 
     educational, cultural, scientific, agricultural, military, 
     legal, political, and artistic exchanges shall endeavor to 
     initiate or expand such exchange programs with regard to 
     China.
       (b) Sense of Congress.--It is the sense of Congress that a 
     federally chartered not-for-profit organization should be 
     established to fund exchanges between the United States and 
     China through private donations.

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