[Congressional Record Volume 144, Number 64 (Tuesday, May 19, 1998)]
[Senate]
[Pages S5138-S5140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

                                 ______
                                 

                  HUTCHINSON AMENDMENTS NOS. 2423-2426

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted four amendments intended to be proposed by 
him to the bill (S. 2057) to authorize appropriations for the fiscal 
year 1999 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

                           Amendment No. 2426

       Add at the end the following new titles:
         TITLE ____--MONITORING OF HUMAN RIGHTS ABUSES IN CHINA

     SEC. ____. SHORT TITLE.

       This title may be cited as the ``Political Freedom in China 
     Act of 1998''.

     SEC. ____. FINDINGS.

       Congress makes the following findings:
       (1) Congress concurs in the following conclusions of the 
     United States State Department on human rights in the 
     People's Republic of China in 1996:
       (A) The People's Republic of China is ``an authoritarian 
     state'' in which ``citizens lack the freedom to peacefully 
     express opposition to the party-led political system and the 
     right to change their national leaders or form of 
     government''.
       (B) The Government of the People's Republic of China has 
     ``continued to commit widespread and well-documented human 
     rights abuses, in violation of internationally accepted 
     norms, stemming from the authorities' intolerance of dissent, 
     fear of unrest, and the absence or inadequacy of laws 
     protecting basic freedoms''.
       (C) ``[a]buses include torture and mistreatment of 
     prisoners, forced confessions, and arbitrary and 
     incommunicado detention''.
       (D) ``[p]rison conditions remained harsh [and] [t]he 
     Government continued severe restrictions on freedom of 
     speech, the press, assembly, association, religion, privacy, 
     and worker rights''.
       (E) ``[a]lthough the Government denies that it holds 
     political prisoners, the number of persons detained or 
     serving sentences for `counterrevolutionary crimes' or 
     `crimes against the state', or for peaceful political or 
     religious activities are believed to number in the 
     thousands''.
       (F) ``[n]onapproved religious groups, including Protestant 
     and Catholic groups * * * experienced intensified 
     repression''.
       (G) ``[s]erious human rights abuses persist in minority 
     areas, including Tibet, Xinjiang, and Inner Mongolia[, and] 
     [c]ontrols on religion and on other fundamental freedoms in 
     these areas have also intensified''.
       (H) ``[o]verall in 1996, the authorities stepped up efforts 
     to cut off expressions of protest or criticism. All public 
     dissent against the party and government was effectively 
     silenced by intimidation, exile, the imposition of prison 
     terms, administrative detention, or house arrest. No 
     dissidents were known to be active at year's end.''.
       (2) In addition to the State Department, credible 
     independent human rights organizations have documented an 
     increase in repression in China during 1995, and effective 
     destruction of the dissident movement through the arrest and 
     sentencing of the few remaining pro-democracy and human 
     rights activists not already in prison or exile.
       (3) Among those were Wang Dan, a student leader of the 1989 
     pro-democracy protests, sentenced on October 30, 1996, to 11 
     years in prison on charges of conspiring to subvert the 
     government; Li Hai, sentenced to 9 years in prison on 
     December 18, 1996, for gathering information on the victims 
     of the 1989 crackdown, which according to the court's verdict 
     constituted ``state secrets''; Liu Nianchun, an independent 
     labor organizer, sentenced to 3 years of ``re-education 
     through labor'' on July 4, 1996, due to his activities in 
     connection with a petition campaign calling for human rights 
     reforms; and Ngodrup Phuntsog, a Tibetan national, who was 
     arrested in Tibet in 1987 immediately after he returned from 
     a 2-year trip to India, where the Tibetan government in exile 
     is located, and following a secret trial was convicted by the 
     Government of the People's Republic of

[[Page S5139]]

     China of espionage on behalf of the ``Ministry of Security of 
     the Dalai clique''.
       (4) Many political prisoners are suffering from poor 
     conditions and ill-treatment leading to serious medical and 
     health problems, including--
       (A) Wei Jingsheng, sentenced to 14 years in prison on 
     December 13, 1996, for conspiring to subvert the government 
     and for ``communication with hostile foreign organizations 
     and individuals, amassing funds in preparation for 
     overthrowing the government and publishing anti-government 
     articles abroad,'' is currently held in Jile No. 1 Prison 
     (formerly the Nanpu New Life Salt Farm) in Hebei province, 
     where he reportedly suffers from severe high blood pressure 
     and a heart condition, worsened by poor conditions of 
     confinement;
       (B) Gao Yu, a journalist sentenced to 6 years in prison in 
     November 1994 and honored by UNESCO in May 1997, has a heart 
     condition; and
       (C) Chen Longde, a leading human rights advocate now 
     serving a 3-year reeducation through labor sentence imposed 
     without trial in August 1995, has reportedly been subject to 
     repeated beatings and electric shocks at a labor camp for 
     refusing to confess his guilt.
       (5) The People's Republic of China, as a member of the 
     United Nations, is expected to abide by the provisions of the 
     Universal Declaration of Human Rights.
       (6) The People's Republic of China is a party to numerous 
     international human rights conventions, including the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment.

     SEC. ____. CONDUCT OF FOREIGN RELATIONS.

       (a) Release of Prisoners.--The Secretary of State, in all 
     official meetings with the Government of the People's 
     Republic of China, should request the immediate and 
     unconditional release of Ngodrup Phuntsog and other prisoners 
     of conscience in Tibet, as well as in the People's Republic 
     of China.
       (b) Access to Prisons.--The Secretary of State should seek 
     access for international humanitarian organizations to 
     Drapchi prison and other prisons in Tibet, as well as in the 
     People's Republic of China, to ensure that prisoners are not 
     being mistreated and are receiving necessary medical 
     treatment.
       (c) Dialogue on Future of Tibet.--The Secretary of State, 
     in all official meetings with the Government of the People's 
     Republic of China, should call on that country to begin 
     serious discussions with the Dalai Lama or his 
     representatives, without preconditions, on the future of 
     Tibet.

     SEC. ____. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL 
                   PERSONNEL AT DIPLOMATIC POSTS TO MONITOR HUMAN 
                   RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA.

       There are authorized to be appropriated to support 
     personnel to monitor political repression in the People's 
     Republic of China in the United States Embassies in Beijing 
     and Kathmandu, as well as the American consulates in 
     Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, 
     $2,200,000 for fiscal year 1998 and $2,200,000 for fiscal 
     year 1999.

     SEC. ____. DEMOCRACY BUILDING IN CHINA.

       (a) Authorization of Appropriations for NED.--In addition 
     to such sums as are otherwise authorized to be appropriated 
     for the ``National Endowment for Democracy'' for fiscal years 
     1998 and 1999, there are authorized to be appropriated for 
     the ``National Endowment for Democracy'' $5,000,000 for 
     fiscal year 1998 and $5,000,000 for fiscal year 1999, which 
     shall be available to promote democracy, civil society, and 
     the development of the rule of law in China.
       (b) East Asia-Pacific Regional Democracy Fund.--The 
     Secretary of State shall use funds available in the East 
     Asia-Pacific Regional Democracy Fund to provide grants to 
     nongovernmental organizations to promote democracy, civil 
     society, and the development of the rule of law in China.

     SEC. ____. HUMAN RIGHTS IN CHINA.

       (a) Reports.--Not later than March 30, 1998, and each 
     subsequent year thereafter, the Secretary of State shall 
     submit to the International Relations Committee of the House 
     of Representatives and the Foreign Relations Committee of the 
     Senate an annual report on human rights in China, including 
     religious persecution, the development of democratic 
     institutions, and the rule of law. Reports shall provide 
     information on each region of China.
       (b) Prisoner Information Registry.--The Secretary of State 
     shall establish a Prisoner Information Registry for China 
     which shall provide information on all political prisoners, 
     prisoners of conscience, and prisoners of faith in China. 
     Such information shall include the charges, judicial 
     processes, administrative actions, use of forced labor, 
     incidences of torture, length of imprisonment, physical and 
     health conditions, and other matters related to the 
     incarceration of such prisoners in China. The Secretary of 
     State is authorized to make funds available to 
     nongovernmental organizations presently engaged in monitoring 
     activities regarding Chinese political prisoners to assist in 
     the creation and maintenance of the registry.

     SEC. ____. SENSE OF CONGRESS CONCERNING ESTABLISHMENT OF A 
                   COMMISSION ON SECURITY AND COOPERATION IN ASIA.

       It is the sense of Congress that Congress, the President, 
     and the Secretary of State should work with the governments 
     of other countries to establish a Commission on Security and 
     Cooperation in Asia which would be modeled after the 
     Commission on Security and Cooperation in Europe.

     SEC. ____. SENSE OF CONGRESS REGARDING DEMOCRACY IN HONG 
                   KONG.

       It is the sense of Congress that the people of Hong Kong 
     should continue to have the right and ability to freely elect 
     their legislative representatives, and that the procedure for 
     the conduct of the elections of the first legislature of the 
     Hong Kong Special Administrative Region should be determined 
     by the people of Hong Kong through an election law 
     convention, a referendum, or both.

     SEC. ____. SENSE OF CONGRESS RELATING TO ORGAN HARVESTING AND 
                   TRANSPLANTING IN THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       It is the sense of Congress that--
       (1) the Government of the People's Republic of China should 
     stop the practice of harvesting and transplanting organs for 
     profit from prisoners that it executes;
       (2) the Government of the People's Republic of China should 
     be strongly condemned for such organ harvesting and 
     transplanting practice;
       (3) the President should bar from entry into the United 
     States any and all officials of the Government of the 
     People's Republic of China known to be directly involved in 
     such organ harvesting and transplanting practice;
       (4) individuals determined to be participating in or 
     otherwise facilitating the sale of such organs in the United 
     States should be prosecuted to the fullest possible extent of 
     the law; and
       (5) the appropriate officials in the United States should 
     interview individuals, including doctors, who may have 
     knowledge of such organ harvesting and transplanting 
     practice.
              TITLE ____--AGREEMENT ON NUCLEAR COOPERATION

     SEC. ____. AMENDMENT TO JOINT RESOLUTION RELATING TO 
                   AGREEMENT FOR NUCLEAR COOPERATION.

       The joint resolution entitled ``Joint Resolution relating 
     to the approval and implementation of the proposed agreement 
     for nuclear cooperation between the United States and the 
     People's Republic of China (Public Law 99-183; approved 
     December 16, 1985) is amended--
       (1) in subsection (b)--
       (A) by inserting ``and subject to section 2,'' after ``or 
     any international agreement,''; and
       (B) in paragraph (1) by striking ``thirty'' and inserting 
     ``120''; and
       (2) by adding at the end the following:
       ``Sec. 2. (a) Action by Congress To Disapprove 
     Certification.--No license may be issued for the export to 
     the People's Republic of China of any nuclear material, 
     facilities, or components subject to the Agreement, and no 
     approval for the transfer or retransfer to the People's 
     Republic of China of any nuclear material, facilities, or 
     components subject to the Agreement shall be given if, during 
     the 120-day period referred to in subsection (b)(1) of the 
     first section, there is enacted a joint resolution described 
     in subsection (b) of this section.
       ``(b) Description of Joint Resolution.--A joint resolution 
     is described in this subsection if it is a joint resolution 
     which has a provision disapproving the President's 
     certification under subsection (b)(1), or a provision or 
     provisions modifying the manner in which the Agreement is 
     implemented, or both.
       ``(c) Procedures For Consideration of Joint Resolutions.--
       ``(1) Reference to committees.--Joint resolutions--
       ``(A) may be introduced in either House of Congress by any 
     Member of such House; and
       ``(B) shall be referred, in the House of Representatives, 
     to the Committee on International Relations and, in the 
     Senate, to the Committee on Foreign Relations.

     It shall be in order to amend such joint resolutions in the 
     committees to which they are referred.
       ``(2) Floor consideration.--(A) The provisions of section 
     152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) 
     and (e)) (relating to the floor consideration of certain 
     resolutions in the House and Senate) apply to joint 
     resolutions described in subsection (b).
       ``(B) It is not in order for--
       ``(i) the House of Representatives to consider any joint 
     resolution described in subsection (b) that has not been 
     reported by the Committee on International Relations; and
       ``(ii) the Senate to consider any joint resolution 
     described in subsection (b) that has not been reported by the 
     Committee on Foreign Relations.
       ``(c) Consideration of Second Resolution Not in Order.--It 
     shall not be in order in either the House of Representatives 
     or the Senate to consider a joint resolution described in 
     subsection (b) (other than a joint resolution described in 
     subsection (b) received from the other House), if that House 
     has previously adopted such a joint resolution.
       ``(d) Procedures Relating to Conference Reports in the 
     Senate.--
       ``(1) Consideration.--Consideration in the Senate of the 
     conference report on any joint resolution described in 
     subsection (b), including consideration of all amendments in 
     disagreement (and all amendments thereto), and consideration 
     of all debatable motions and appeals in connection therewith, 
     shall be limited to 10 hours, to be equally divided between, 
     and controlled by, the majority leader and the minority 
     leader or their designees. Debate on any debatable motion or

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     appeal related to the conference report shall be limited to 1 
     hour, to be equally divided between, and controlled by, the 
     mover and the manager of the conference report.
       ``(2) Debate on amendments in disagreement.--In any case in 
     which there are amendments in disagreement, time on each 
     amendment shall be limited to 30 minutes, to be equally 
     divided between, and controlled by, the manager of the 
     conference report and the minority leader or his designee. No 
     amendment to any amendment in disagreement shall be received 
     unless it is a germane amendment.
       ``(3) Consideration of veto message.--Consideration in the 
     Senate of any veto message with respect to a joint resolution 
     described in subsection (b), including consideration of all 
     debatable motions and appeals in connection therewith, shall 
     be limited to 10 hours, to be equally divided between, and 
     controlled by, the majority leader and the minority leader or 
     their designees.''.

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