[Congressional Record Volume 144, Number 71 (Thursday, June 4, 1998)]
[Senate]
[Pages S5650-S5652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

                                 ______
                                 

                   ABRAHAM AMENDMENTS NOS. 2452-2456

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted five amendments intended to be proposed by him 
to the bill, S. 2057, supra; as follows:

                           Amendment No. 2452

       At the appropriate place, insert the following section:

     SEC.   . US FORCE LEVELS IN ASIA.

       (a) Sense of Congress.--It is the Sense of Congress that 
     the current force levels in the Pacific Command Theater of 
     Operations are necessary to the fulfillment of that command's 
     military mission, and are vital to continued peace and 
     stability in the region. Any reductions in those force levels 
     should only be done in close consultation with Congress and 
     with a clear understanding of their impact upon the United 
     States' ability to fulfill its current treaty obligations 
     with other states in the region, as well as to the continued 
     ability of the United States to deter potential aggression in 
     the region.
       (b) Annual National Security Strategy Report Requirement.--
     The Annual National Security Strategy Report as required by 
     Section 603 of Public Law 99-433 should provide specific 
     information as to the adequacy of the capabilities of the 
     United States armed forces to support the implementation of 
     the national security strategy as it relates to the People's 
     Republic of China.
                                  ____


                           Amendment No. 2453

       At the appropriate place, insert the following section:

     SEC.   . ENFORCEMENT OF IRAN-IRAQ ARMS NON-PROLIFERATION ACT 
                   WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Statement of Policy.--It shall be the policy of the 
     United States that--
       (1) the delivery of 60 C-802 cruise missiles by the China 
     National Precision Machinery Import Export Corporation to 
     Iran poses a new, direct threat to deployed United States 
     forces in the Middle East and materially contributed to the 
     efforts of Iran to acquire destabilizing numbers and types of 
     advanced conventional weapons; and
       (2) the delivery is a violation of the Iran-Iraq Arms Non-
     Proliferation Act of 1992 (50 U.S.C. 1701 note).
       (b) Implementation of Sanctions.--
       (1) Requirement.--The President shall impose on the 
     People's Republic of China the mandatory sanctions set forth 
     in paragraphs (3), (4), and (5) of section 1605(b) of the 
     Iran-Iraq Arms Non-Proliferation Act of 1992.
       (2) Nonavailability of waiver.--For purposes of this 
     section, the President shall not have the authority contained 
     in section 1606 of the Iran-Iraq Arms Non-Proliferation Act 
     of 1992 to waive the sanctions required under paragraph (1).
                                  ____


                           Amendment No. 2454

       At the appropriate place, insert the following section:

     SEC.   . ANNUAL REPORTS ON INTELLIGENCE ACTIVITIES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) Reports.--
       (1) In general.--Not later than March 31 each year, the 
     Director of Central Intelligence and the Director of the 
     Federal Bureau of Investigation, jointly and in consultation 
     with the heads of other appropriate Federal agencies 
     (including the Departments of Defense, Justice, Treasury, and 
     State), shall submit to the Members of Congress referred to 
     in paragraph (2) a report on the intelligence activities of 
     the People's Republic of China directed against or affecting 
     the interests of the United States.
       (2) Submittal.--Each report under paragraph (1) shall be 
     submitted to the following:
       (A) The Majority leader and Minority leader of the Senate.
       (B) The chairman and ranking member of the Select Committee 
     on Intelligence of the Senate.
       (C) The Speaker and Minority leader of the House of 
     Representatives.
       (D) The chairman and ranking member of the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (3) Form.--Each report shall be submitted in unclassified 
     form, but may include a classified annex.
       (b) Contents of Reports.--Each report under subsection (a) 
     shall include information concerning the following:
       (1) Political and military espionage.
       (2) Intelligence activities designed to gain political 
     influence, including activities undertaken or coordinated by 
     the United Front Work Department of the Chinese Communist 
     Party.
       (3) Efforts to gain direct or indirect influence through 
     commercial or noncommercial intermediaries subject to control 
     by the People's Republic of China, including enterprises 
     controlled by the People's Liberation Army.
       (4) Disinformation and press manipulation by the People's 
     Republic of China with respect to the United States, 
     including activities undertaken or coordinated by the United 
     Front Department of the Chinese Communist Party.
                                  ____


                           Amendment No. 2455

       At the appropriate place, insert the following section:

     SEC.   . SANCTIONS REGARDING CHINA NORTH INDUSTRIES GROUP, 
                   CHINA POLY GROUP, AND CERTAIN OTHER ENTITIES 
                   AFFILIATED WITH THE PEOPLE'S LIBERATION ARMY.

       (a) Finding; Purpose.--
       (1) Funding.--Congress finds that, in May 1996, United 
     States authorities caught representatives of the People's 
     Liberation Army enterprise, China Poly Group, and the 
     civilian defense industrial company, China North Industries 
     Group, attempting to smuggle 2,000 AK-47s into Oakland, 
     California, and offering to sell to Federal undercover agents 
     300,000 machine guns with silencers, 66-millimeter mortars, 
     hand grenades, and `Red Parakeet' surface-to-air missiles, 
     which, as stated in the criminal complaint against one of 
     those representatives, ``* * * could take out a 747'' 
     aircraft.
       (2) Purpose.--The purpose of this section is to impose 
     targeted sanctions against entities affiliated with the 
     People's Liberation Army that engage in the proliferation of 
     weapons of mass destruction, the importation of illegal 
     weapons or firearms into the United States, or espionage in 
     the United States.
       (b) Sanctions Against Certain PLA Affiliates.--
       (1) Sanctions.--Except as provided in paragraph (2) and 
     subject to paragraph (3), the President shall--
       (A) prohibit the importation into the United States of all 
     products that are produced, grown, or manufactured by a 
     covered entity, the parent company of a covered entity, or 
     any affiliate, subsidiary, or successor entity of a covered 
     entity;

[[Page S5651]]

       (B) direct the Secretary of State and the Attorney General 
     to deny or impose restrictions on the entry into the United 
     States of any foreign national serving as an officer, 
     director, or employee of a covered entity or other entity 
     described in subparagraph (A);
       (C) prohibit the issuance to a covered entity or other 
     entity described in subparagraph (A) of licenses in 
     connection with the export of any item on the United States 
     Munitions List;
       (D) prohibit the export to a covered entity or other entity 
     described in subparagraph (A) of any goods or technology on 
     which export controls are in effect under section 5 or 6 of 
     the Export Administration Act of 1979;
       (E) direct the Export-Import Bank of the United States not 
     to give approval to the issuance of any guarantee, insurance, 
     extension of credit, or participation in the extension of 
     credit with respect to a covered entity or other entity 
     described in subparagraph (A);
       (F) prohibit United States nationals from directly or 
     indirectly issuing any guarantee for any loan or other 
     investment to, issuing any extension of credit to, or making 
     any investment in a covered entity or other entity described 
     in subparagraph (A); and
       (G) prohibit the departments and agencies of the United 
     States and United States nationals from entering into any 
     contract with a covered entity or other entity described in 
     subparagraph (A) for the procurement or other provision of 
     goods or services from such entity.
       (2) Exceptions.--
       (A) In general.--The President shall not impose sanctions 
     under this subsection--
       (i) in the case of the procurement of defense articles or 
     defense services--
       (I) under contracts or subcontracts that are in effect on 
     October 1, 1998 (including the exercise of options for 
     production quantities to satisfy United States operational 
     military requirements);
       (II) if the President determines that the person or entity 
     to whom the sanctions would otherwise be applied is a sole 
     source supplier of essential defense articles or services and 
     no alternative supplier can be identified; or
       (III) if the President determines that such articles or 
     services are essential to the national security; or
       (ii) in the case of--
       (I) products or services provided under contracts or 
     binding agreements (as such terms are defined by the 
     President in regulations) or joint ventures entered into 
     before October 1, 1998;
       (II) spare parts;
       (III) component parts that are not finished products but 
     are essential to United States products or production;
       (IV) routine servicing and maintenance of products; or
       (V) information and technology products and services.
       (B) Immigration restrictions.--The President shall not 
     apply the restrictions described in paragraph (1)(B) to a 
     person described in that paragraph if the President, after 
     consultation with the Attorney General, determines that the 
     presence of the person in the United States is necessary for 
     a Federal or State judicial proceeding against a covered 
     entity or other entity described in paragraph (1)(A).
       (3) Termination.--The sanctions under this subsection shall 
     terminate as follows:
       (A) In the case of an entity referred to in paragraph (1) 
     or (2) of subsection (c), on the date that is one year after 
     the date of enactment of this Act.
       (B) In the case of an entity that becomes a covered entity 
     under paragraph (3) or (4) of subsection (c) by reason of its 
     identification in a report under subsection (d), on the date 
     that is one year after the date on which the entity is 
     identified in such report.
       (c) Covered Entities.--For purposes of subsection (b), a 
     covered entity is any of the following:
       (1) China North Industries Group.
       (2) China Poly Group, also known as Polytechnologies 
     Incorporated or BAOLI.
       (3) Any affiliate of the People's Liberation Army 
     identified in a report of the Director of Central 
     Intelligence under subsection (d)(1).
       (4) Any affiliate of the People's Liberation Army 
     identified in a report of the Director of the Federal Bureau 
     of Investigation under subsection (d)(2).
       (d) Reports on Activities of PLA Affiliates.--
       (1) Transfers of sensitive items and technologies.--Not 
     later than 30 days after the date of enactment of this Act 
     and annually thereafter through 2002, the Director of Central 
     Intelligence shall submit to the appropriate members of 
     Congress a report that identifies each entity owned wholly or 
     in part by the People's Liberation Army which, during the 2-
     year period ending on the date of the report, transferred to 
     any other entity a controlled item for use in the following:
       (A) Any item listed in category I or category II of the 
     MTCR Annex.
       (B) Activities to develop, produce, stockpile, or deliver 
     chemical or biological weapons.
       (C) Nuclear activities in countries that do not maintain 
     full-scope International Atomic Energy Agency safeguards or 
     equivalent full-scope safeguards.
       (2) Illegal activities in the united states.--Not later 
     than 30 days after the date of enactment of this Act and 
     annually thereafter through 2002, the Director of the Federal 
     Bureau of Investigation shall submit to the appropriate 
     members of Congress a report that identifies each entity 
     owned wholly or in part by the People's Liberation Army 
     which, during the 2-year period ending on the date of the 
     report, attempted to--
       (A) illegally import weapons or firearms into the United 
     States; or
       (B) engage in military intelligence collection or espionage 
     in the United States under the cover of commercial business 
     activity.
       (3) Form.--Each report under this subsection shall be 
     submitted in classified form.
       (e) Definitions.--In this section:
       (1) Affiliate.--The term ``affiliate'' does not include any 
     United States national engaged in a business arrangement with 
     a covered entity or other entity described in subsection 
     (b)(1)(A).
       (2) Appropriate members of congress.--The term 
     ``appropriate members of congress'' means the following:
       (A) The Majority leader and Minority leader of the Senate.
       (B) The chairmen and ranking members of the Committee on 
     Foreign Relations and the Committee on Armed Services of the 
     Senate.
       (C) The Speaker and Minority leader of the House of 
     Representatives.
       (D) The chairmen and ranking members of the Committee on 
     International Relations and the Committee on National 
     Security of the House of Representatives.
       (3) Component part.--The term ``component part'' means any 
     article that is not usable for its intended function without 
     being embedded or integrated into any other product and, if 
     used in the production of a finished product, would be 
     substantially transformed in that process.
       (4) Controlled item.--The team ``controlled item'' means 
     the following:
       (A) Any item listed in the MTCR Annex.
       (B) Any item listed for control by the Australia Group.
       (C) Any item relevant to the nuclear fuel cycle of nuclear 
     explosive applications that are listed for control by the 
     Nuclear Suppliers Group.
       (5) Finished product.--The term ``finished product'' means 
     any article that is usable for its intended function without 
     being embedded in or integrated into any other product, but 
     does not include an article produced by a person or entity 
     other than a covered entity or other entity described in 
     subsection (b)(1)(A) that contains parts or components of 
     such an entity if the parts or components have been 
     substantially transformed during production of the finished 
     product.
       (6) Investment.--The term ``investment'' includes any 
     contribution or commitment of funds, commodities, services, 
     patents, processes, or techniques, in the form of--
       (A) a loan or loans;
       (B) the purchase of a share of ownership;
       (C) participation in royalties, earnings, or profits; and
       (D) the furnishing of commodities or services pursuant to a 
     lease or other contract, but does not include routine 
     maintenance of property.
       (7) MTCR annex.--The term ``MTCR Annex'' has the meaning 
     given that term in section 74(4) of the Arms Export Control 
     Act (22 U.S.C. 2797c(4)).
       (8) United states national.--
       (A) In general.--The term ``United States national'' 
     means--
       (i) any United States citizen; and
       (ii) any corporation, partnership, or other organization 
     created under the laws of the United States, any State, the 
     District of Columbia, or any territory or possession of the 
     United States.
       (B) Exception.--The term ``United States national'' does 
     not include a subsidiary or affiliate of corporation, 
     partnership, or organization that is a United States national 
     if the subsidiary or affiliate is located outside the United 
     States.
                                  ____


                           Amendment No. 2456

       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''.

[[Page S5652]]

       (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 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 
     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) 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
       (B) 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 1999 and $2,200,000 for fiscal 
     year 2000.

     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 
     1999 and 2000, there are authorized to be appropriated for 
     the ``National Endowment for Democracy'' $4,000,000 for 
     fiscal year 1999 and $4,000,000 for fiscal year 2000, 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, 1999, 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 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.

                          ____________________