[Congressional Record Volume 146, Number 103 (Thursday, September 7, 2000)]
[Senate]
[Pages S8216-S8224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                    U.S.-CHINA RELATIONS ACT OF 2000

                                 ______
                                 

              WELLSTONE (AND OTHERS) AMENDMENTS NOS. 4114

  Mr. WELLSTONE (for himself Mr. Helms, and Mr. Feingold) proposed an 
amendment to the bill (H.R. 4444) to authorize extension of 
nondiscriminatory treatment (normal trade relations treatment) to the 
People's Republic of China, and to establish a framwork for relations 
between the United States and the People's Republic of China; as 
follows:


[[Page S8217]]


       On page 4, line 22, beginning with ``Prior'', strike all 
     through page 5, line 6, and insert the following:

     Prior to making the determination provided for in subsection 
     (a)(1), the President shall transmit a report to Congress 
     certifying that--
       (1) pursuant to the provisions of section 122 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999; and
       (2) following the recommendations of the United States 
     Commission on International Religious Freedom, the People's 
     Republic of China has made substantial improvements in 
     respect for religious freedom, as measured by the fact that--
       (A) the People's Republic of China has agreed to open a 
     high-level and continuing dialogue with the United States on 
     religious-freedom issues;
       (B) the People's Republic of China has ratified the 
     International Convention on Civil and Political Rights, which 
     it has signed;
       (C) the People's Republic of China has agreed to permit the 
     United States Commission on International Religious Freedom 
     and international human rights organizations unhindered 
     access to religious leaders, including those imprisoned, 
     detained, or under house arrest;
       (D) the People's Republic of China has responded to 
     inquiries regarding persons who are imprisoned, detained, or 
     under house arrest for reasons of religion or belief, or 
     whose whereabouts are not known, although they were last seen 
     in the custody of Chinese authorities; and
       (E) the People's Republic of China has released from prison 
     all persons incarcerated because of their religion or 
     beliefs.
       On page 5, line 10, strike ``section 101(a)'' and insert 
     ``section 101''.
                                 ______
                                 

                 BYRD (AND FEINGOLD) AMENDMENT NO. 4115

  (Ordered to lie on the table.)
  Mr. BYRD (for himself, and Mr. Feingold) submitted an amendment 
intended to be proposed by them to the bill, H.R. 4444, supra; as 
follows:

       On page 69, after line 16, insert the following:

     SEC. 702. UNITED STATES SUPPORT FOR THE TRANSFER OF CLEAN 
                   ENERGY TECHNOLOGY AS PART OF ASSISTANCE 
                   PROGRAMS WITH RESPECT TO CHINA'S ENERGY SECTOR.

       (a)(1) the People's Republic of China faces significant 
     environmental and energy infrastructure development 
     challenges in the coming century;
       (2) economic growth and environmental protection should be 
     fostered simultaneously;
       (3) China has been recently attempting to strengthen public 
     health standards, protect natural resources, improve water 
     and air quality, and reduce greenhouse gas emissions levels 
     while striving to expand its economy;
       (4) the United States is a leader in a range of clean 
     energy technologies; and
       (5) the environment and energy infrastructure development 
     are issues that are equally important to both nations, and 
     therefore, the United States should work with China to 
     encourage the use of American-made clean energy technologies.
       (b) Support for Clean Energy Technology.--Notwithstanding 
     any other provision of law, each department, agency, or other 
     entity of the United States carrying out an assistance 
     program in support of the activities of United States persons 
     in the environment and energy sector of the People's Republic 
     of China shall support, to the maximum extent practicable, 
     the transfer of United States clean energy technology as part 
     of that program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the departments, agencies, and entities 
     of the United States described in subsection (b) such sums as 
     may be necessary to support the transfer of clean energy 
     technology, consistent with the subsidy codes of the World 
     Trade Organization, as part of assistance programs carried 
     out by those departments, agencies, and entities in support 
     of activities of United States persons in the energy sector 
     of the People's Republic of China.
                                 ______
                                 

                     BYRD AMENDMENTS NOS. 4116-4117

  (Ordered to lie on the table.)
  Mr. BYRD submitted two amendments intended to be proposed by him to 
the bill, H.R. 4444, supra; as follows:

                           Amendment No. 4116

       Beginning on page 16, strike line 11 and all that follows 
     through line 2 on page 17 and insert the following:
       ``(k) Standard for Presidential Action.--
       ``(1) Findings.--Congress finds that--
       ``(A) market disruption causes serious harm to the United 
     States industrial and agricultural sectors which has grave 
     economic consequences;
       ``(B) product-specific safeguard provisions are a critical 
     component of the United States-China Bilateral Agreement to 
     remedy market disruptions; and
       ``(C) where market disruption occurs it is essential for 
     the Commission and the President to comply with the timeframe 
     stipulated under this Act.
       ``(2) Timeframe for action.--Not later than 15 days after 
     receipt of a recommendation from the Trade Representative 
     under subsection (h) regarding the appropriate action to take 
     to prevent or remedy a market disruption, the President shall 
     provide import relief for the affected industry pursuant to 
     subsection (a), unless the President determines and certifies 
     to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate 
     that provision of such relief is not in the national economic 
     interest of the United States or, in extraordinary cases, 
     that taking action pursuant to subsection (a) would cause 
     serious harm to the national security of the United States.
       ``(3) Basis for presidential certification.--The President 
     may determine and certify under paragraph (2) that providing 
     import relief is not in the national economic interest of the 
     United States only if the President finds that taking such 
     action would have an adverse impact on the United States 
     economy clearly greater than the benefits of such action.
       ``(4) Automatic relief.--
       ``(A) In general.--If, within 70 days after receipt of the 
     Commission's report described in subsection (g), the 
     President and the United States Trade Representative have not 
     taken action with respect to denying or granting the relief 
     recommended by the Commission, the relief shall automatically 
     take effect.
       ``(B) Period relief in effect.--The relief provided for 
     under subparagraph (A) shall remain in effect without regard 
     to any other provision of this section.
                                  ____


                           Amendment No. 4117

       On page 53, between lines 3 and 4, insert the following:

     SEC. 402. PRC COMPLIANCE WITH WTO SUBSIDY OBLIGATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) A significant portion of the economy of the People's 
     Republic of China consists of state-owned enterprises.
       (2) Chinese state-owned enterprises receive significant 
     subsidies from the Government of the People's Republic of 
     China.
       (3) These Chinese state-owned enterprises account for a 
     significant portion of exports from the People's Republic of 
     China.
       (4) United States manufacturers and farmers should not be 
     expected to compete with these subsidized state-owned 
     enterprises.
       (b) Commitment To Disclose Certain Information.--The United 
     States Trade Representative--
       (1) acting through the Working Party on the Accession of 
     China to the World Trade Organization, shall obtain a 
     commitment by the People's Republic of China to disclose 
     information--
       (A) identifying current state-owned enterprises engaged in 
     export activities;
       (B) describing state support for those enterprises; and
       (C) setting forth a time table for compliance by the 
     People's Republic of China with the subsidy obligations of 
     the World Trade Organization; and
       (2) shall vote against accession by the People's Republic 
     of China to the World Trade Organization without such a 
     commitment.
       (c) State-Owned Enterprise.--The term ``state-owned 
     enterprise'' means a person who is affiliated with, or wholly 
     owned or controlled by, the Government of the People's 
     Republic of China and whose means of production, products, 
     and revenues are owned or controlled by a central or 
     provincial government authority. A person shall be considered 
     to be state-owned if--
       (1) the person's assets are primarily owned by a central or 
     provincial government authority;
       (2) in whole or in part, the person's profits are required 
     to be submitted to a central or provincial government 
     authority;
       (3) the person's production, purchases of inputs, and sales 
     of output, in whole or in part, are subject to state, 
     sectoral, or regional plans; or
       (4) a license issued by a government authority classifies 
     the person as state-owned.
                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 4118-4121

  Mr. WELLSTONE proposed four amendments to the bill, H.R. 4444, supra; 
as follows:

                           Amendment No. 4118

       On page 4, line 22, beginning with ``Prior'' strike all 
     through page 5, line 12, and insert the following:
     Prior to making the determination provided for in subsection 
     (a)(1), the President shall transmit a report to Congress 
     certifying that--
       (1) pursuant to the provisions of section 122 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999;
       (2) the People's Republic of China has ratified the 
     International Covenant on Civil and Political Rights, signed 
     in October 1998, and that the Covenant has entered into force 
     and effect with respect to the People's Republic of China;
       (3) the People's Republic of China has begun to dismantle 
     its system of reeducation

[[Page S8218]]

     through labor, which allows officials of the People's 
     Republic of China to sentence thousands of citizens to labor 
     camps each year without judicial review;
       (4) the People's Republic of China has opened up Tibet and 
     Xinjiang to regular, unhindered access by United Nations 
     human rights and humanitarian agencies, foreign journalists, 
     diplomats, and independent human rights monitors;
       (5) the People's Republic of China has reviewed the 
     sentences of those people it has incarcerated as 
     counterrevolutionaries under the provisions of a law that was 
     repealed in March 1997 and the People's Republic of China 
     intends to release those people;
       (6) the People's Republic of China has agreed to establish 
     a high-level and ongoing dialogue with the United States on 
     religious freedom; and
       (7) the leadership of the People's Republic of China has 
     entered into a meaningful dialogue with the Dalai Lama or his 
     representatives.

     SEC. 102. EFFECTIVE DATE.

       (a) Effective Date of Nondiscriminatory Treatment.--The 
     extension of nondiscriminatory treatment pursuant to section 
     101 shall be effective no earlier than the effective date of 
     the accession of the People's Republic of China to the World 
     Trade Organization.
                                  ____


                           Amendment No. 4119

       On page 4, line 22, beginning with ``Prior'', strike all 
     through page 5, line 12, and insert the following:
     Prior to making the determination provided for in subsection 
     (a)(1), the President shall transmit a report to Congress 
     certifying that--
       (1) pursuant to the provisions of section 122 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999;
       (2) the People's Republic of China is complying with the 
     Memorandum of Understanding Between the United States and the 
     People's Republic of China on Prohibiting Import and Export 
     Trade in Prison Labor Products, signed on August 7, 1992;
       (3) the People's Republic of China is complying with the 
     Statement of Cooperation on the Memorandum of Understanding 
     Between the United States and the People's Republic of China 
     on Prohibiting Import and Export Trade in Prison Labor 
     Products, signed on March 14, 1994; and
       (4) the People's Republic of China is fully cooperating 
     with all outstanding requests made by the United States for 
     visitation or investigation pursuant to the Memorandum 
     referred to in paragraph (2) and the Statement of Cooperation 
     referred to in paragraph (3), including requests for 
     visitations or investigation of facilities considered 
     ``reeducation through labor'' facilities.

     SEC. 102. EFFECTIVE DATE.

       (a) Effective Date of Nondiscriminatory Treatment.--The 
     extension of nondiscriminatory treatment pursuant to section 
     101 shall be effective no earlier than the effective date of 
     the accession of the People's Republic of China to the World 
     Trade Organization.
                                  ____


                           Amendment No. 4120

       On page 4, line 22, beginning with ``Prior'', strike all 
     through page 5, line 12, and insert the following:
     Prior to making the determination provided for in subsection 
     (a)(1), the President shall transmit a report to Congress 
     certifying that--
       (1) pursuant to the provisions of section 122 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999;
       (2) the People's Republic of China has provided a detailed 
     response to inquiries regarding the number of persons who are 
     imprisoned, detained, or under house arrest because of union 
     organizing; and
       (3) the People's Republic of China has made substantial 
     progress in releasing from prison all persons incarcerated 
     for organizing independent trade unions.

     SEC. 102. EFFECTIVE DATE.

       (a) Effective Date of Nondiscriminatory Treatment.--The 
     extension of nondiscriminatory treatment pursuant to section 
     101 shall be effective no earlier than the effective date of 
     the accession of the People's Republic of China to the World 
     Trade Organization.
                                  ____


                           Amendment No. 4121

       At the end of the bill, add the following:

                       TITLE VIII--WORKER RIGHTS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Right to Organize Act of 
     2000''.

     SEC. 802. EMPLOYER AND LABOR ORGANIZATIONS PRESENTATIONS.

       Section 8(c) of the National Labor Relations Act (29 U.S.C. 
     158(c)) is amended--
       (1) by inserting ``(1)'' after the subsection designation; 
     and
       (2) by adding at the end the following new paragraphs:
       ``(2) If an employer or employer representative addresses 
     the employees on the employer's premises or during work hours 
     on issues relating to representation by a labor organization, 
     the employees shall be assured, without loss of time or pay, 
     an equal opportunity to obtain, in an equivalent manner, 
     information concerning such issues from such labor 
     organization.
       ``(3) Subject to reasonable regulation by the Board, labor 
     organizations shall have--
       ``(A) access to areas in which employees work;
       ``(B) the right to use the employer's bulletin boards, 
     mailboxes, and other communication media; and
       ``(C) the right to use the employer's facilities for the 
     purpose of meetings with respect to the exercise of the 
     rights guaranteed by this Act.''.

     SEC. 803. LABOR RELATIONS REMEDIES.

       (a) Board Remedies.--Section 10(c) of the National Labor 
     Relations Act (29 U.S.C. 160(c)) is amended by inserting 
     after the fourth sentence the following new sentence: ``If 
     the Board finds that an employee was discharged as a result 
     of an unfair labor practice, the Board in such order shall 
     (1) award back pay in an amount equal to 3 times the 
     employee's wage rate at the time of the unfair labor practice 
     and (2) notify such employee of such employee's right to sue 
     for punitive damages and damages with respect to a wrongful 
     discharge under section 303 of the Labor Management Relations 
     Act, 1947 (29 U.S.C. 187), as amended by the Fair Labor 
     Organizing Act.''.
       (b) Court Remedies.--Section 303 of the Labor Management 
     Relations Act, 1947 (29 U.S.C. 187) is amended by adding at 
     the end the following new subsections:
       ``(c) It shall be unlawful, for purposes of this section, 
     for any employer to discharge an employee for exercising 
     rights protected under the National Labor Relations Act.
       ``(d) An employee whose discharge is determined by the 
     National Labor Relations Board under section 10(c) of the 
     National Labor Relations Act to be as a result of an unfair 
     labor practice under section 8 of such Act may file a civil 
     action in any district court of the United States, without 
     respect to the amount in controversy, to recover punitive 
     damages or if actionable, in any State court to recover 
     damages based on a wrongful discharge.''.

     SEC. 804. INITIAL CONTRACT DISPUTES.

       Section 8 of the National Labor Relations Act (29 U.S.C. 
     158) is amended by adding at the end the following new 
     subsection:
       ``(h)(1) If, not later than 60 days after the certification 
     of a new representative of employees for the purpose of 
     collective bargaining, the employer of the employees and the 
     representative have not reached a collective bargaining 
     agreement with respect to the terms and conditions of 
     employment, the employer and the representative shall jointly 
     select a mediator to mediate those issues on which the 
     employer and the representative cannot agree.
       ``(2) If the employer and the representative are unable to 
     agree upon a mediator, either party may request the Federal 
     Mediation and Conciliation Service to select a mediator and 
     the Federal Mediation and Conciliation Service shall upon the 
     request select a person to serve as mediator.
       ``(3) If, not later than 30 days after the date of the 
     selection of a mediator under paragraph (1) or (2), the 
     employer and the representative have not reached an 
     agreement, the employer or the representative may transfer 
     the matters remaining in controversy to the Federal Mediation 
     and Conciliation Service for binding arbitration.''.
                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 4122

  Mr. HOLLINGS proposed an amendment to the bill, H.R. 4444, supra; as 
follows:

       On page 4, beginning with line 4, strike through line 18 on 
     page 5 and insert the following:

     SEC. 101. ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA TO THE 
                   WORLD TRADE ORGANIZATION.

       Pursuant to the provisions of section 122 of the Uruguay 
     Round Agreements Act (19 U.S.C. 3532), the President shall 
     transmit a report to Congress certifying that the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999.
       On page 5, line 19, strike ``SEC. 103.'' and insert ``SEC. 
     102.''
                                 ______
                                 

                    HELMS AMENDMENTS NOS. 4123-4124

  (Ordered to lie on the table.)
  Mr. HELMS submitted two amendment intended to be proposed by him to 
the bill, H.R. 4444, supra; as follows:

                           Amendment No. 4123

       At the end of the bill, insert the following:

     SEC. __. CODE OF CONDUCT FOR BUSINESSES.

       (a) Findings.--Congress makes the following findings:
       (1) The Chief Executive of Viacom media corporation told 
     the Fortune Global Forum, a gathering of hundreds of 
     corporate leaders in Shanghai to celebrate the 50th 
     anniversary of communism in China in September 1999, that 
     Western media groups ``should avoid being unnecessarily 
     offensive to the Chinese government. We want to do business. 
     We cannot succeed in China without being a friend of the 
     Chinese people and the Chinese government.''.

[[Page S8219]]

       (2) The owner of Fox and Star TV networks has gained favor 
     with the Chinese leadership in part by dropping programming 
     and publishing deals that offend the Communist Government of 
     China, including the book by the last British Governor of 
     Hong Kong.
       (3) The Chief Executive of Time Warner, which owns the 
     Fortune company that organized the Global Forum, called Jiang 
     Zemin his ``good friend'' as he introduced Jiang to make the 
     keynote speech at the conference. Jiang went on to threaten 
     force against Taiwan and to warn that comments by the West on 
     China's abysmal human rights record were not welcome.
       (4) The Chief Executive of American International Group was 
     reported to be so effusive in his praise of China's economic 
     progress at the Global Forum that one Chinese official 
     described his remarks as ``not realistic''.
       (5) The founder of Cable News Network, one of the world's 
     richest men, told the Global Forum that ``I am a socialist at 
     heart.''.
       (6) During the Global Forum, Chinese leaders banned an 
     issue of Time magazine (owned by Time-Warner, the host of the 
     Global Forum) marking the 50th anniversary of communism in 
     China, because the issue included commentaries by dissidents 
     Wei Jingsheng, Wang Dan, and the Dalai Lama. China also 
     blocked the web sites of Time Warner's Fortune magazine and 
     CNN.
       (7) Chinese officials denied Fortune the right to invite 
     Chinese participants to the Global Forum and instead padded 
     the guest list with managers of state-run firms.
       (8) At the forum banquet, Chinese Premier Zhu Rongji lashed 
     out at the United States for defending Taiwan.
       (9) On June 5, 2000, China's number two phone company, 
     Unicom, broke an agreement with the Qualcomm Corporation by 
     confirming that it will not use mobile-phone technology 
     designed by Qualcomm for at least 3 years, causing a sharp 
     sell off of the United States company's stock.
       (10) When the Taiwanese pop singer Ah-mei, who appeared in 
     advertisements for Sprite in China, agreed to sing Taiwan's 
     national anthem at Taiwan's May 20, 2000, presidential 
     inauguration, Chinese authorities immediately notified the 
     Coca-Cola company that its Ah-mei Sprite ads would be banned.
       (11) The company's director of media relations said that 
     the Coca-Cola Company was ``unhappy'' about the ban, but ``as 
     a local business, would respect the authority of local 
     regulators and we will abide by their decisions''.
       (12) In 1998, Apple Computer voluntarily removed images of 
     the Dalai Lama from its ``Think Different'' ads in Hong Kong, 
     stating at the time that ``where there are political 
     sensitivities, we did not want to offend anyone''.
       (13) In 1997, the Massachusetts-based Internet firm, 
     Prodigy, landed an investment contract in China by agreeing 
     to comply with China's Internet rules which provide for 
     censoring any political information deemed unacceptable to 
     the Communist government.
       (b) Sense of Senate.--It is the sense of Senate that in 
     order for the presence of United States businesses to truly 
     foster political liberalization in China, those businesses 
     must conduct themselves in a manner that reflects basic 
     American values of democracy, individual liberty, and 
     justice.
       (c) Consultation Required.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary of Commerce 
     shall consult with American businesses that do business in, 
     have significant trade with, or invest in the People's 
     Republic of China, to encourage the businesses to adopt a 
     voluntary code of conduct that--
       (1) follows internationally recognized human rights 
     principles, including freedom of expression and democratic 
     governance;
       (2) ensures that the employment of Chinese citizens is not 
     discriminatory in terms of sex, ethnic origin, or political 
     belief;
       (3) ensures that no convict, forced, or indentured labor is 
     knowingly used;
       (4) supports the principle of a free market economy and 
     ownership of private property;
       (5) recognizes the rights of workers to freely organize and 
     bargain collectively; and
       (6) discourages mandatory political indoctrination on 
     business premises.
                                  ____


                           Amendment No. 4124

       On page 5, between lines 18 and 19, insert the following 
     new section and redesignate the remaining sections and cross 
     references thereto:

     SEC. 103. ADDITIONAL CONDITION.

       (a) Findings.--Congress makes the following findings:
       (1) Permanent normal trade relations treatment would 
     ostensibly be granted to the People's Republic of China in 
     large part to promote political liberalization through free 
     trade and to open the exchange of ideas.
       (2) The Broadcasting Board of Governors testified before 
     the Senate Foreign Relations Committee on April 26, 2000, 
     that the Government of the People's Republic of China jams 
     242 hours a day of Radio Free Asia and Voice of America 
     programs, which includes 100 hours of Mandarin language 
     transmissions, 34 hours of Tibetan language transmissions, 
     and 3 hours of Uyghur language transmissions.
       (3) The Broadcasting Board of Governors testified before 
     the Senate Foreign Relations Committee on April 26, 2000, 
     that the Government of the People's Republic of China spends 
     at least $5,400,000 a year to jam Radio Free Asia and Voice 
     of America Mandarin language programs.
       (4) The fact that the Government of the People's Republic 
     of China spends at least as much to jam Radio Free Asia and 
     Voice of America broadcasts as the United States spends to 
     transmit broadcasts to China indicates an intense commitment 
     on the part of the People's Republic of China to block the 
     free flow of ideas and news in China.
       (b) Additional Certification.--Notwithstanding any other 
     provision of this Act, the extension of nondiscriminatory 
     trade treatment (normal trade relations treatment) to the 
     People's Republic of China shall not take effect until the 
     President certifies to Congress that the People's Republic of 
     China is no longer jamming or otherwise interfering with 
     broadcasts of Radio Free Asia or the Voice of America.
                                 ______
                                 

                HELMS (AND WELLSTONE) AMENDMENT NO. 4125

  (Ordered to lie on the table.)
  Mr. HELMS (for himself and Mr. Wellstone) submitted an amendment 
intended to be proposed by them to the bill, H.R. 4444, supra; as 
follows:

       On page 2, line 4, before the end period, insert the 
     following: ``; findings''.
       On page 4, before line 1, insert the following:
       (c) Findings.--Congress makes the following findings:
       (1) The People's Republic of China has not yet ratified the 
     United Nations Covenant on Civil and Political Rights, which 
     it signed in October of 1998.
       (2) The 1999 State Department Country Reports on Human 
     Rights Practices found that--
       (A) the Government of the People's Republic of China 
     continues to commit widespread and well-documented human 
     rights abuses in violation of internationally accepted norms;
       (B) the Government of the People's Republic of China's poor 
     human rights record deteriorated markedly throughout the 
     year, as the Government intensified efforts to suppress 
     dissent;
       (C) abuses by Chinese authorities exist, including 
     instances of extrajudicial killings, torture and mistreatment 
     of prisoners, forced confessions, arbitrary arrests and 
     detentions, lengthy incommunicado detentions, and denial of 
     due process;
       (D) violence against women exists in the People's Republic 
     of China, including coercive family planning practices such 
     as forced abortion and forced sterilization, prostitution, 
     discrimination against women, trafficking in women and 
     children, abuse of children, and discrimination against the 
     disabled and minorities; and
       (E) tens of thousands of members of the Falun Gong 
     spiritual movement were detained after the movement was 
     banned in July 1999, several leaders of the movement were 
     sentenced to long prison terms in late December, hundreds 
     were sentenced administratively to reeducation through labor, 
     and according to some reports, the Government of the People's 
     Republic of China started confining some Falun Gong adherents 
     to psychiatric hospitals.
       (3) The Department of State's 2000 Annual Report on 
     International Religious Freedom states that during 1999 and 
     2000--
       (A) ``the Chinese government's respect for religious 
     freedom deteriorated markedly'';
       (B) the Chinese police closed many ``underground'' mosques, 
     temples, seminaries, Catholic churches, and Protestant 
     ``house churches'';
       (C) leaders of unauthorized groups are often the targets of 
     harassment, interrogations, detention, and physical abuse in 
     the People's Republic of China;
       (D) in some areas, Chinese security authorities used 
     threats, demolition of unregistered property, extortion of 
     ``fines'', interrogation, detention, and at times physical 
     abuse to harass religious figures and followers; and
       (E) the Government of the People's Republic of China 
     continued its ``patriotic education'' campaign aimed at 
     enforcing compliance with government regulations and either 
     cowing or weeding out monks and nuns who refuse to adopt the 
     Party line and remain sympathetic to the Dalai Lama.
       (4) The report of the United States Commission on 
     International Religious Freedom--
       (A) found that the Government of the People's Republic of 
     China and the Communist Party of China discriminates, 
     harasses, incarcerates, and tortures people on the basis of 
     their religion and beliefs, and that Chinese law criminalizes 
     collective religious activity by members of religious groups 
     that are not registered with the State;
       (B) noted that the Chinese authorities exercise tight 
     control over Tibetan Buddhist monasteries, select and train 
     important religious figures, and wage an invasive ideological 
     campaign both in religious institutions and among the Tibetan 
     people generally;
       (C) documented the tight control exercised over the Uighur 
     Muslims in Xinjiang in northwest China, and cited credible 
     reports of thousands of arbitrary arrests, the widespread use 
     of torture, and extrajudicial executions; and
       (D) stated that the Commission believes that Congress 
     should not approve permanent normal trade relations treatment 
     for China until China makes substantial improvements with 
     respect to religious freedom, as measured by certain 
     objective standards.

[[Page S8220]]

       (5) On March 4, 2000, four days before the President 
     forwarded to Congress legislation to grant permanent normal 
     trade relations treatment to the People's Republic of China, 
     the Government of the People's Republic of China arrested 
     four American citizens for practicing Falun Gong in Beijing.
       On page 4, line 22, beginning with ``Prior'', strike all 
     through page 5, line 6, and insert the following:

     Prior to making the determination provided for in subsection 
     (a)(1), the President shall transmit a report to Congress 
     certifying that--
       (1) pursuant to the provisions of section 122 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and 
     conditions for the accession of the People's Republic of 
     China to the World Trade Organization are at least equivalent 
     to those agreed between the United States and the People's 
     Republic of China on November 15, 1999;
       (2) the People's Republic of China has ratified the 
     International Covenant on Civil and Political Rights, and 
     that the Covenant has entered into force and effect with 
     respect to the People's Republic of China;
       (3) the People's Republic of China has begun to dismantle 
     its system of reeducation through labor, which allows 
     officials of the People's Republic of China to sentence 
     thousands of citizens to labor camps each year without 
     judicial review;
       (4) the People's Republic of China has opened up Tibet and 
     Xinjiang to regular, unhindered access by United Nations 
     human rights and humanitarian agencies;
       (5) the People's Republic of China has reviewed the 
     sentences of those people it has incarcerated as 
     counterrevolutionaries under the provisions of a law that was 
     repealed in March 1997 and the People's Republic of China 
     intends to release those people;
       (6) the People's Republic of China has agreed to establish 
     a high-level and on-going dialogue with the United States on 
     religious freedom;
       (7) the People's Republic of China has agreed to permit 
     unhindered access to religious leaders by the United States 
     Commission on International Religious Freedom and recognized 
     international human rights organizations, including access to 
     religious leaders who are imprisoned, detained, or under 
     house arrest;
       (8) the People's Republic of China has provided a detailed 
     response to inquiries regarding the number of persons who are 
     imprisoned, detained, or under house arrest because of 
     religious beliefs or whose whereabouts are not known but who 
     were seen in the custody of officials of the People's 
     Republic of China;
       (9) the People's Republic of China intends to release from 
     prison all persons incarcerated because of their religious 
     beliefs;
       (10) the People's Republic of China has provided a detailed 
     response to inquiries regarding the number of persons who are 
     imprisoned, detained, or under house arrest for reasons of 
     union organizing; and
       (11) the People's Republic of China intends to release from 
     prison all persons incarcerated for organizing independent 
     trade unions.
       On page 5, line 10, strike ``section 101(a)'' and insert 
     ``section 101''.
                                 ______
                                 

                    HELMS AMENDMENTS NOS. 4126-4128

  (Ordered to lie on the table.)
  Mr. HELMS submitted three amendments intended to be proposed by him 
to the bill, H.R. 4444, supra; as follows:

                           Amendment No. 4126

       At the end of the bill, insert the following:

     SEC. __. REPORTS BY UNITED STATES TRADE REPRESENTATIVE.

       (a) In General.--Not later than 1 year after the People's 
     Republic of China accedes to the World Trade Organization, 
     the United States Trade Representative shall submit a report 
     to the appropriate congressional committees regarding the 
     compliance of the People's Republic of China with the 
     concessions made in the bilateral agreement entered into with 
     the United States.
       (b) Contents of the Report.--The report required by 
     subsection (a) shall include the following:
       (1) The status of the People's Republic of China's 
     compliance with its agreement to reduce tariffs on United 
     States agricultural products, including priority agricultural 
     products, beef, poultry, cheese, and other commodities.
       (2) The status of the People's Republic of China's 
     compliance with its agreement to expand market access for 
     United States corn, cotton, wheat, rice, barley, soybeans, 
     meats, and other agricultural products.
       (3) The status of the People's Republic of China's 
     compliance with its agreement to eliminate trade-distorting 
     export subsidies.
       (4) The status of the People's Republic of China's 
     compliance with its agreement to give full trading rights to 
     United States businesses, including full right to import, 
     export, own and operate distributions networks inside the 
     People's Republic of China, and the elimination of state-
     owned middlemen.
       (5) The status of the People's Republic of China's 
     compliance with its agreement to open markets for 
     telecommunications, insurance, banking, securities, audio 
     visual, and professional services.
       (6) The status of the People's Republic of China's 
     compliance with its agreement to open its markets for foreign 
     investment in information technology.
       (7) The status of the People's Republic of China's 
     compliance with its agreement to expand significantly the 
     number of foreign movies shown in the People's Republic of 
     China.
       (8) The status of the People's Republic of China's 
     agreement to reduce tariffs on automobiles.
       (9) The status and effectiveness of the special safeguard 
     provisions of the United States-China bilateral agreement.
       (c) Other Reports.--In addition to the report required by 
     subsection (a), the United States Trade Representative shall 
     submit to the appropriate congressional committees the 
     following reports.
       (1) Report due in 2003.--Not later than March 1, 2003, the 
     United States Trade Representative shall report on the status 
     of the People's Republic of China's compliance with its 
     agreement to reduce tariffs on United States goods identified 
     in subsection (b) (1), (2), and (8) and other United States 
     priority goods.
       (2) Report due in 2005.--Not later than March 1, 2005, the 
     United States Trade Representative shall report on the status 
     of the People's Republic of China's compliance with its 
     agreement--
       (A) to reduce average overall tariffs on United States 
     industrial goods from 24.6 percent to 9.4 percent or less; 
     and
       (B) to eliminate tariffs on United States high-technology 
     goods.
       (d) Negative Determinations.--
       (1) In general.--If the United States Trade Representative 
     in any of the reports described in subsection (c) (1) or (2) 
     finds that the People's Republic of China is not complying 
     with its commitments to reduce or eliminate the tariffs 
     described in such subsection (c), and a joint resolution 
     described in paragraph (2) is enacted into law pursuant to 
     the provisions of paragraph (3), the President shall suspend, 
     withdraw, or prevent the application of benefits of the 
     bilateral trade agreement between the United States and the 
     People's Republic of China including the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) and may impose duties or other import restrictions 
     on the goods of, and, notwithstanding any other provision of 
     law, fees or restrictions on the services of, the People's 
     Republic of China for such time as the President determines 
     appropriate.
       (2) Joint resolution described.--For purposes of paragraph 
     (1), a joint resolution is described in this paragraph if it 
     is a joint resolution of the 2 Houses of Congress and the 
     matter after the resolving clause of such joint resolution is 
     as follows: ``That the Congress finds that the People's 
     Republic of China has failed to comply with its commitments 
     to reduce or eliminate tariffs and the Congress withdraws its 
     approval of the extension of nondiscriminatory treatment 
     (normal trade relations treatment) to the People's Republic 
     of China and the President may impose duties or other import 
     restrictions on the goods of, and, notwithstanding any other 
     provision of law, fees or restrictions on the services of, 
     the People's Republic of China for such time as the President 
     determines appropriate.''.
       (3) Procedural provisions.--
       (A) In general.--The requirements of this paragraph are met 
     if the joint resolution is enacted in accordance with this 
     subsection, and Congress adopts and transmits the joint 
     resolution to the President before the end of the 90-day 
     period (excluding any day described in section 154(b) of the 
     Trade Act of 1974) beginning on the date on which Congress 
     receives a negative report from the United States Trade 
     Representative pursuant to subsection (c) (1) or (2).
       (B) Presidential veto.--In any case in which the President 
     vetoes the joint resolution, the requirements of this 
     paragraph are met if each House of Congress votes to override 
     that veto on or before the later of the last day of the 90-
     day period referred to in subparagraph (A), or the last day 
     of the 15-day period (excluding any day described in section 
     154(b) of the Trade Act of 1974) beginning on the date on 
     which Congress receives the veto message from the President.
       (C) Introduction.--
       (i) Time.--A joint resolution to which this subsection 
     applies may be introduced at any time on or after the date on 
     which the United States Trade Representative transmits to 
     Congress a negative report pursuant to subsection (c) (1) or 
     (2), and before the end of the 90-day period referred to in 
     subparagraph (A).
       (ii) Any member may introduce.--A joint resolution 
     described in paragraph (2) may be introduced in either House 
     of Congress by any Member of such House.
       (e) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means the 
     Committee on Foreign Relations and the Committee on Finance 
     of the Senate and the Committee on International Relations 
     and the Committee on Ways and Means of the House of 
     Representatives.
                                  ____


                           Amendment No. 4127

       At the end of the bill, insert the following:

     SEC. 702. REPORTING REQUIREMENTS REGARDING AGRICULTURAL TRADE 
                   DEFICIT WITH CHINA.

       (a) In General.--The United States-China bilateral 
     agreement on agriculture is designed to substantially lower 
     tariffs, eliminate export subsidies, end discriminatory 
     licensing and import bans, and eliminate unjustified 
     restrictions on agricultural products. The reports described 
     in subsection (b)

[[Page S8221]]

     shall be submitted to Congress in order to evaluate the 
     progress being made in carrying out the agreement.
       (b) Report.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the United States Trade Representative 
     shall report to Congress on the existing United States 
     agricultural trade deficit with the People's Republic of 
     China.
       (2) Subsequent report.--Not later than 3 years after the 
     report described in the paragraph (1), the United States 
     Trade Representative shall report to Congress regarding the 
     size and status of the agricultural trade deficit with the 
     People's Republic of China and whether the People's Republic 
     of China has taken steps to eliminate all barriers to trade 
     in the agricultural sector.
       (c) Sense of Congress.--If the report described in 
     subsection (b)(2) indicates that 3 years after the date 
     nondiscriminatory treatment is permanently extended to the 
     People's Republic of China, the agricultural trade deficit 
     has not been reduced to one-third or less of the deficit 
     reported under subsection (b)(1), it is the sense of Congress 
     that the extension of nondiscriminatory trade treatment has 
     not produced adequate benefits for United States farmers and 
     the People's Republic of China is manifestly not implementing 
     its bilateral agreement with the United States.
                                  ____


                           Amendment No. 4128

       At the end of the bill, insert the following:

     SEC. 702. SENSE OF CONGRESS REGARDING FORCED ABORTIONS IN 
                   CHINA.

       (a) 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 more than 18 years there have been frequent, 
     consistent, and credible reports of forced abortion and 
     forced sterilization in 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 has no role 
     in the population control program, in fact the Communist 
     Chinese Government encourages forced abortion and forced 
     sterilization through a combination of strictly enforced 
     birth quotas, rewards for informants, and impunity for local 
     population control officials who engage in coercion.
       (B) A recent defector from the population control program, 
     testifying at a congressional hearing on June 10, 1998, made 
     clear that central government policy in China strongly 
     encourages local officials to use coercive methods.
       (C) Population control officials of the People's Republic 
     of China, 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 punishment.
       (D) Especially harsh punishments have been inflicted on 
     those whose resistance is motivated by religion. According to 
     a 1995 Amnesty International report, the Catholic inhabitants 
     of 2 villages in Hebei Province were subjected to enforcement 
     measures including 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, including 
     numerous examples of actual infanticide.
       (F) Since 1994 forced abortion has been used in Communist 
     China not only to regulate the number of children, but also 
     to destroy those who are regarded as defective because of 
     physical or mental disabilities in accordance with the 
     official eugenic policy known as the ``Natal and Health Care 
     Law''.
       (3) According to every annual State Department Country 
     Report on Human Rights Practices for the People's Republic of 
     China since 1983, Chinese officials have used coercive 
     measures such as forced abortion, forced sterilization, and 
     detention of resisters.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should urge the People's Republic of 
     China to cease its forced abortion and forced sterilization 
     policies and practices; and
       (2) the President should urge the People's Republic of 
     China to cease its detention of those who resist abortion or 
     sterilization.
                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4129

  Mr. SMITH of New Hampshire proposed an amendment to the bill, H.R. 
4444, supra; as follows:

                               DIVISION I

       On page 46, between lines 3 and 4, insert the following:

     SEC. 302A. MONITORING COOPERATION ON POW/MIA ISSUES.

       (a) In General.--The Commission shall monitor and encourage 
     the cooperation of the People's Republic of China in 
     accounting for United States personnel who are unaccounted 
     for as a result of service in Asia during the Korean War, the 
     Vietnam era, or the Cold War, including, but not limited to--
       (1) providing access by Commission members and other 
     representatives of the United States Government to reported 
     sites of prisoner of war camps of the Korean War era in the 
     People's Republic of China, and to archives, museums, and 
     other holdings of the People's Republic of China, that are 
     believed by the Commission to contain documents and other 
     materials relevant to the accounting for such personnel; and
       (2) providing access by Commission members and other 
     representatives of the United States Government to military 
     and civilian officials of the Government of the People's 
     Republic of China, and facilitating access to private 
     individuals in the People's Republic of China, who are 
     determined by the Commission potentially to have information 
     regarding the fate of such personnel.
       (b) Specific Information in Annual Reports.--The 
     Commission's report under section 302(g) shall also include 
     the following:
       (1) An assessment of the contribution to the accounting for 
     missing United States personnel covered by subsection (a) of 
     the information obtained by the Commission and other United 
     States Government agencies under that subsection during the 
     period covered by the report.
       (2) A description and assessment of the cooperation of the 
     People's Republic of China in accounting for United States 
     personnel covered by subsection (a) during the period covered 
     by the report.
       (3) A list of the archives, museums, and holdings in the 
     People's Republic of China, and of the reported sites of 
     prisoner of war camps of the Korean War era in the People's 
     Republic of China, proposed to be visited by the Commission, 
     and by other representatives of the United States Government, 
     during the 12-month period beginning on the date of the 
     report.
       (4) A list of the military and civilian officials of the 
     Government of the People's Republic of China, and of the 
     private individuals in the People's Republic of China, 
     proposed to be interviewed by the Commission, and by other 
     representatives of the United States Government, during the 
     12-month period beginning on the date of the report.

                              DIVISION II

     SEC. 302B. MONITORING AND REPORTING ON COMMERCIAL ACTIVITIES 
                   BETWEEN UNITED STATES COMPANIES AND PEOPLE'S 
                   LIBERATION ARMY COMPANIES.

       (a) Monitoring of Commercial Activities between United 
     States Companies and PLA Companies.--
       (1) Requirement.--Beginning not later than 90 days after 
     the date of enactment of this Act, the Commission, in 
     cooperation with the Director of the Federal Bureau of 
     Investigation, shall provide for the on-going monitoring of 
     commercial activities, whether direct or indirect, between 
     People's Liberation Army companies and United States 
     companies.
       (2) Coordination with other federal agencies.--
       (A) In general.--The monitoring required under paragraph 
     (1) shall be carried out using the information, services, and 
     assistance of any department or agency of the Federal 
     Government, whether civilian or military, that the Director 
     considers appropriate, including the Defense Intelligence 
     Agency, the Central Intelligence Agency, and the United 
     States Customs Service.
       (B) Cooperation.--The head of any department or agency of 
     the Federal Government shall, upon request of the Director, 
     provide the Federal Bureau of Investigation with such 
     information, services, and other assistance in the monitoring 
     required under paragraph (1) as the Director and the head of 
     such department or agency jointly consider appropriate.
       (b) Annual Reports on Monitoring.--
       (1) Requirement.--Not later than six months after the date 
     of enactment of this Act, and annually thereafter, the 
     Commission, in cooperation with the Director of the Federal 
     Bureau of Investigation, shall submit to Congress a report on 
     the results of the monitoring activities carried out under 
     subsection (a) during the one-year period ending on the date 
     of the report.
       (2) Report elements.--Each report under this subsection 
     shall set forth, for the one-year period covered by such 
     report, the following:
       (A) Information on the People's Liberation Army companies 
     engaged in commercial activities with United States companies 
     during such period, including--
       (i) a list setting forth each People's Liberation Army 
     company conducting business in the United States;
       (ii) a list setting forth all People's Liberation Army 
     products sold by United States companies to other United 
     States companies or United States nationals;
       (iii) a statement of the profits realized by the People's 
     Liberation Army from the sale of products set forth in clause 
     (ii) and on products sold directly to United States companies 
     and United States nationals; and
       (iv) a statement of the dollar amount spent for the 
     purchase of the products covered by clause (iii).
       (B) An assessment of the consequences for United States 
     national security of the sale of People's Liberation Army 
     products to United States companies and United States 
     nationals, including--
       (i) an assessment of the relationships between People's 
     Liberation Army companies and United States companies;
       (ii) an assessment of the use of the profits of such sales 
     by the People's Liberation Army; and
       (iii) a description and assessment of any technology 
     transfers between United States

[[Page S8222]]

     companies and People's Liberation Army companies.
       (3) Form of report.--Each report under this subsection 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       (c) Definitions.--In this section:
       (1) People's liberation army company.--The term ``People's 
     Liberation Army company'' means any commercial person or 
     entity that is owned by, associated with, or an auxiliary to 
     the People's Liberation Army, including any armed force of 
     the People's Liberation Army, any intelligence service of the 
     People's Republic of China, or the People's Armed Police.
       (2) Organized under the laws of the united states.--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 Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.
       (3) United states company.--The term ``United States 
     company'' means a corporation, partnership, or other business 
     association organized under the laws of the United States.

                              DIVISION III

     SEC. 302C. MONITORING AND REPORTING ON DEVELOPMENT OF SPACE 
                   CAPABILITIES.

       (a) In General.--The Commission shall, with the support of 
     other United States Government agencies, monitor the 
     development of military space capabilities in the People's 
     Republic of China, including--
       (1) the extent to which the membership of the People's 
     Republic of China in the World Trade Organization facilitates 
     its acquisition of space and space-applicable technologies;
       (2) the extent to which commercial space revenues in the 
     People's Republic of China support and enhance space 
     activities in the People's Republic of China;
       (3) the extent to which Federal subsidies for United States 
     companies doing business in the People's Republic of China 
     enhances space activities in the People's Republic of China;
       (4) the extent to which the People's Republic of China 
     proliferates space technology to other Nations; and
       (5) the extent to which both manned and unmanned space 
     activities in the People's Republic of China--
       (A) support land, sea, and air forces of the People's 
     Republic of China;
       (B) threaten the United States and its allies' land, sea, 
     and air forces and
       (C) threaten the United States and its allies' military, 
     civil, and commercial space assets.
       (b) Specific Information in Annual Reports.--The 
     Commission's report under section 302(g) shall include 
     specific information on the nature of the technologies and 
     programs relating to military space development by the 
     Peoples Republic of China described in subsection (a). The 
     report may contain separate classified annexes if necessary.

                              DIVISION IV

     SEC. 302D. MONITORING AND REPORTING ON COOPERATION ON 
                   ENVIRONMENTAL PROTECTION.

       (a) In General.--The Commission shall monitor and encourage 
     the cooperation of the People's Republic of China in--
       (1) the implementation and enforcement of laws for the 
     protection of human health and the protection, restoration, 
     and preservation of the environment that are at least as 
     comprehensive and effective as comparable laws of the United 
     States, including--
       (A) the Federal Insecticide, Fungicide, and Rodenticide Act 
     (7 U.S.C. 136 et seq.);
       (B) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.);
       (C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (D) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (E) the Marine Protection, Research, and Sanctuaries Act of 
     1972 (33 U.S.C. 1401 et seq.);
       (F) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.);
       (G) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (H) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (I) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (J) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (K) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (L) the Emergency Planning and Community Right-To-Know Act 
     of 1986 (42 U.S.C. 11001 et seq.); and
       (M) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 
     et seq.); and
       (2) the allocation, for assisting and ensuring compliance 
     with the laws specified in paragraph (1), of sufficient 
     resources, including funds, to achieve material and 
     measurable progress on a permanent basis in the protection of 
     human health and the protection, restoration, and 
     preservation of the environment.
       (b) Specific Information In Annual Reports.--The 
     Commission's report under section 302(g) shall also include, 
     for the period for which the report is submitted, a 
     description of the results of the monitoring required under 
     subsection (a), including an analysis of any progress of the 
     People's Republic of China in implementing and enforcing 
     environmental laws as described in that subsection.

                               DIVISION V

     SEC. 302F. MONITORING AND REPORTING ON CONDITIONS RELATING TO 
                   ORPHANS AND ORPHANAGES.

       (a) Monitoring.--The Commission shall monitor the actions 
     of the People's Republic of China, and particularly the 
     Ministry of Civil Affairs, to determine if the People's 
     Republic of China has demonstrated that--
       (1) the quality of care of orphans in the People's Republic 
     of China has improved by providing specific data such as 
     survival rates of orphans and the ratio of workers-to-orphans 
     in orphanages;
       (2) orphans are receiving proper medical care and 
     nutrition;
       (3) there is increased accountability of how public and 
     private funds are spent with respect to the care of orphans;
       (4) international adoption and Chinese adoptions are being 
     encouraged; and
       (5) efforts are being made to help children (and 
     particularly children with special needs) get adopted.
       (b) Specific Information in Annual Reports.--The 
     Commission's report under section 302(g) shall also include a 
     description of the results of the monitoring required under 
     subsection (a), including what actions have been taken by the 
     People's Republic of China with respect to improving the 
     quality of care of orphans and encouraging international and 
     Chinese adoptions.

                              DIVISION VI

     SEC. 302H. MONITORING AND REPORTING ON ORGAN HARVESTING AND 
                   TRANSPLANTING IN THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Monitoring.--The Commission shall monitor the actions 
     of the Government of the People's Republic of China with 
     respect to its practice of harvesting and transplanting 
     organs for profit from prisoners that it executes.
       (b) Specific Information in Annual Reports.--The 
     Commission's report under section 302(g) shall also include a 
     description of the results of the monitoring required under 
     subsection (a), including what actions have been taken by the 
     People's Republic of China with respect to eliminating the 
     practice of harvesting and transplanting organs for profit.
                                 ______
                                 

       KING AND TSIORVAS PIPELINE SAFETY IMPROVEMENT ACT OF 2000

                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 4130

  Mr. GORTON (for Mr. McCain (for himself, Mr. Gorton, Mrs. Murray, Mr. 
Bingaman, Mr. Domenici, and Mr. Robb)) proposed an amendment to the 
bill (S. 2438) to provide for enhanced safety, public awareness, and 
environmental protection in pipeline transportation, and for other 
purposes; as follows:

       On page 18, strike lines 22 through 25 and insert the 
     following:
       ``(A) periodic assessment of the integrity of the pipeline 
     through methods including internal inspection, pressure 
     testing, direct assessment, or other effective methods;''.
       On page 19, line 2, strike ``inspection or testing done'' 
     and insert ``periodic assessment methods carried out''.
       On page 19, line 4, insert ``and'' after the semicolon.
       On page 19, line 8, strike ``measures; and'' and insert 
     ``measures.''.
       On page 19, strike lines 9 through 13.
       On page 19, beginning in line 15, strike ``inspections or 
     testing'' and insert ``assessment methods carried out''.
       On page 21, line 2, strike the closing quotation marks and 
     the second period.
       On page 21, between lines 2 and 3, insert the following:
       ``(6) Opportunity for local input on integrity 
     management.--Within 18 months after the date of enactment of 
     the Pipeline Safety Improvement Act of 2000, the Secretary 
     shall, by regulation, establish a process for raising and 
     addressing local safety concerns about pipeline integrity and 
     the operator's pipeline integrity plan. The process shall 
     include--
       ``(A) a requirement that an operator of a hazardous liquid 
     or natural gas transmission pipeline facility provide 
     information about the risk analysis and integrity management 
     plan required under this section to local officials in a 
     State in which the facility is located;
       ``(B) a description of the local officials required to be 
     informed, the information that is to be provided to them and 
     the manner, which may include traditional or electronic 
     means, in which it is provided;
       ``(C) the means for receiving input from the local 
     officials that may include a public forum sponsored by the 
     Secretary or by the State, or the submission of written 
     comments through traditional or electronic means;

[[Page S8223]]

       ``(D) the extent to which an operator of a pipeline 
     facility must participate in a public forum sponsored by the 
     Secretary or in another means for receiving input from the 
     local officials or in the evaluation of that input; and
       ``(E) the manner in which the Secretary will notify the 
     local officials about how their concerns are being 
     addressed.''.
       On page 21, line 14, strike ``of'' the first place it 
     appears and insert ``or''.
       On page 21, line 17, insert ``and'' after the semicolon.
       On page 21, line 19, strike ``hazardous;' and'' and insert 
     ``hazardous,'.''
       On page 21, beginning with line 20, strike through line 13 
     on page 22.
       On page 24, line 16, strike ``any'' and insert ``the 
     operator's''.
       On page 24, line 23, insert a comma after ``facility''.
       On page 27, between lines 3 and 4, insert the following:
       (b) Safety Condition Reports.--Section 60102(h)(2) is 
     amended by striking ``authorities.'' and inserting 
     ``officials, including the local emergency responders.''.
       On page 27, line 4, strike ``(b)'' and insert ``(c)''.
       On page 30, line 8, after the period insert: ``Nothing in 
     this section modifies section 60104(c) or authorizes the 
     Secretary to delegate the enforcement of safety standards 
     prescribed under this chapter to a State authority.''.
       On page 31, strike lines 7 through 13 and insert the 
     following:
       ``(3) Existing agreements.--If requested by the State 
     Authority, the Secretary shall authorize a State Authority 
     which had an interstate agreement in effect after January, 
     1999, to oversee interstate pipeline transportation pursuant 
     to the terms of that agreement until the Secretary determines 
     that the State meets the requirements of paragraph (2) and 
     executes a new agreement, or until December 31, 2001, 
     whichever is sooner. Nothing in this paragraph shall prevent 
     the Secretary, after affording the State notice, hearing, and 
     an opportunity to correct any alleged deficiencies, from 
     terminating an agreement that was in effect before enactment 
     of the Pipeline Safety Improvement Act of 2000 if--
       ``(A) the State Authority fails to comply with the terms of 
     the agreement;
       ``(B) implementation of the agreement has resulted in a gap 
     in the oversight responsibilities of intrastate pipeline 
     transportation by the State Authority; or
       ``(C) continued participation by the State Authority in the 
     oversight of interstate pipeline transportation has had an 
     adverse impact on pipeline safety.''.
       On page 32, line 10, strike ``is not promoting'' and insert 
     ``would not promote''.
       On page 32, beginning with line 22, strike through line 4 
     on page 34.
       On page 36, beginning with line 12, strike through line 9 
     on page 37 and insert the following:

     SEC. 11. RESEARCH AND DEVELOPMENT.

       (a) Innovative Technology Development.--
       (1) In general.--As part of the Department of 
     Transportation's research and development program, the 
     Secretary of Transportation shall direct research attention 
     to the development of alternative technologies--
       (A) to expand the capabilities of internal inspection 
     devices to identify and accurately measure defects and 
     anomalies;
       (B) to inspect pipelines that cannot accommodate internal 
     inspection devices available on the date of enactment;
       (C) to develop innovative techniques measuring the 
     structural integrity of pipelines;
       (D) to improve the capability, reliability, and 
     practicality of external leak detection devices; and
       (E) to develop and improve alternative technologies to 
     identify and monitor outside force damage to pipelines.
       (2) Cooperative.--The Secretary may participate in 
     additional technological development through cooperative 
     agreements with trade associations, academic institutions, or 
     other qualified organizations.
       (b) Pipeline Safety and Reliability, Research and 
     Development.--
       (1) In general.--The Secretary of Transportation, in 
     coordination with the Secretary of Energy, shall develop and 
     implement an accelerated cooperative program of research and 
     development to ensure the integrity of natural gas and 
     hazardous liquid pipelines. This research and development 
     program--
       (A) shall include materials inspection techniques, risk 
     assessment methodology, and information systems surety; and
       (B) shall complement, and not replace, the research program 
     of the Department of Energy addressing natural gas pipeline 
     issues existing on the date of enactment of this Act.
       (2) Purpose.--The purpose of the cooperative research 
     program shall be to promote pipeline safety research and 
     development to--
       (A) ensure long-term safety, reliability and service life 
     for existing pipelines;
       (B) expand capabilities of internal inspection devices to 
     identify and accurately measure defects and anomalies;
       (C) develop inspection techniques for pipelines that cannot 
     accommodate the internal inspection devices available on the 
     date of enactment;
       (D) develop innovative techniques to measure the structural 
     integrity of pipelines to prevent pipeline failures;
       (E) develop improved materials and coatings for use in 
     pipelines;
       (F) improve the capability, reliability, and practicality 
     of external leak detection devices;
       (G) identify underground environments that might lead to 
     shortened service life;
       (H) enhance safety in pipeline siting and land use;
       (I) minimize the environmental impact of pipelines;
       (J) demonstrate technologies that improve pipeline safety, 
     reliability, and integrity;
       (K) provide risk assessment tools for optimizing risk 
     mitigation strategies; and
       (L) provide highly secure information systems for 
     controlling the operation of pipelines.
       (3) Areas.--In carrying out this subsection, the Secretary 
     of Transportation, in coordination with the Secretary of 
     Energy, shall consider research and development on natural 
     gas, crude oil and petroleum product pipelines for--
       (A) early crack, defect, and damage detection, including 
     real-time damage monitoring;
       (B) automated internal pipeline inspection sensor systems;
       (C) land use guidance and set back management along 
     pipeline rights-of-way for communities;
       (D) internal corrosion control;
       (E) corrosion-resistant coatings;
       (F) improved cathodic protection;
       (G) inspection techniques where internal inspection is not 
     feasible, including measurement of structural integrity;
       (H) external leak detection, including portable real-time 
     video imaging technology, and the advancement of computerized 
     control center leak detection systems utilizing real-time 
     remote field data input;
       (I) longer life, high strength, non-corrosive pipeline 
     materials;
       (J) assessing the remaining strength of existing pipes;
       (K) risk and reliability analysis models, to be used to 
     identify safety improvements that could be realized in the 
     near term resulting from analysis of data obtained from a 
     pipeline performance tracking initiative;
       (L) identification, monitoring, and prevention of outside 
     force damage, including satellite surveillance; and
       (M) any other areas necessary to ensuring the public safety 
     and protecting the environment.
       (4) Points of Contact.--
       (A) In general.--To coordinate and implement the research 
     and development programs and activities authorized under this 
     subsection--
       (i) the Secretary of Transportation shall designate, as the 
     point of contact for the Department of Transportation, an 
     officer of the Department of Transportation who has been 
     appointed by the President and confirmed by the Senate; and
       (ii) the Secretary of Energy shall designate, as the point 
     of contact for the Department of Energy, an officer of the 
     Department of Energy who has been appointed by the President 
     and confirmed by the Senate.
       (B) Duties.--
       (i) The point of contact for the Department of 
     Transportation shall have the primary responsibility for 
     coordinating and overseeing the implementation of the 
     research, development, and demonstration program plan under 
     paragraphs (5) and (6).
       (ii) The points of contact shall jointly assist in 
     arranging cooperative agreements for research, development 
     and demonstration involving their respective Departments, 
     national laboratories, universities, and industry research 
     organizations.
       (5) Research and development program plan.--Within 240 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation, in coordination with the Secretary of Energy 
     and the Pipeline Integrity Technical Advisory Committee, 
     shall prepare and submit to the Congress a 5-year program 
     plan to guide activities under this subsection. In preparing 
     the program plan, the Secretary shall consult with 
     appropriate representatives of the natural gas, crude oil, 
     and petroleum product pipeline industries to select and 
     prioritize appropriate project proposals. The Secretary may 
     also seek the advice of utilities, manufacturers, 
     institutions of higher learning, Federal agencies, the 
     pipeline research institutions, national laboratories, State 
     pipeline safety officials, environmental organizations, 
     pipeline safety advocates, and professional and technical 
     societies.
       (6) Implementation.--The Secretary of Transportation shall 
     have primary responsibility for ensuring the 5-year plan 
     provided for in paragraph (5) is implemented as intended. In 
     carrying out the research, development, and demonstration 
     activities under this paragraph, the Secretary of 
     Transportation and the Secretary of Energy may use, to the 
     extent authorized under applicable provisions of law, 
     contracts, cooperative agreements, cooperative research and 
     development agreements under the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, 
     joint ventures, other transactions, and any other form of 
     agreement available to the Secretary consistent with the 
     recommendations of the Advisory Committee.
       (7) Reports to congress.--The Secretary of Transportation 
     shall report to the Congress annually as to the status and 
     results to date of the implementation of the research and 
     development program plan. The report

[[Page S8224]]

     shall include the activities of the Departments of 
     Transportation and Energy, the national laboratories, 
     universities, and any other research organizations, including 
     industry research organizations.

     SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to establish and manage the Pipeline Integrity 
     Technical Advisory Committee for the purpose of advising the 
     Secretary of Transportation and the Secretary of Energy on 
     the development and implementation of the 5-year research, 
     development, and demonstration program plan under section 
     11(b)(5). The Advisory Committee shall have an ongoing role 
     in evaluating the progress and results of the research, 
     development, and demonstration carried out under that 
     section.
       (b) Membership.--The National Academy of Sciences shall 
     appoint the members of the Pipeline Integrity Technical 
     Advisory Committee after consultation with the Secretary of 
     Transportation and the Secretary of Energy. Members appointed 
     to the Advisory Committee should have the necessary 
     qualifications to provide technical contributions to the 
     purposes of the Advisory Committee.
       On page 37, line 10, strike ``SEC. 12.'' and insert ``SEC. 
     13.''.
       On page 38, between lines 21 and 22, insert the following:
       (d) Pipeline Integrity Program.--
       (1) There are authorized to be appropriated to the 
     Secretary of Transportation for carrying out sections 11(b) 
     and 12 of this Act $3,000,000, to be derived from user fees 
     under section 60125 of title 49, United States Code, for each 
     of the fiscal years 2001 through 2005.
       (2) Of the amounts available in the Oil Spill Liability 
     Trust Fund established by section 9509 of the Internal 
     Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be 
     transferred to the Secretary of Transportation to carry out 
     programs for detection, prevention and mitigation of oil 
     spills under sections 11(b) and 12 of this Act for each of 
     the fiscal years 2001 through 2005.
       (3) There are authorized to be appropriated to the 
     Secretary of Energy for carrying out sections 11(b) and 12 of 
     this Act such sums as may be necessary for each of the fiscal 
     years 2001 through 2005.
       On page 38, line 22, strike ``SEC. 13.'' and insert ``SEC. 
     14.''.
       On page 39, strike lines 6 through 14 and insert the 
     following:
       (b) Corrective Action Orders.--Section 60112(d) is 
     amended--
       (1) by inserting ``(1)'' after ``Corrective Action 
     Orders.--''; and
       (2) by adding at the end the following:
       ``(2) If, in the case of a corrective action order issued 
     following an accident, the Secretary determines that the 
     actions of an employee carrying out an activity regulated 
     under this chapter, including duties under section 60102(a), 
     may have contributed substantially to the cause of the 
     accident, the Secretary shall direct the operator to relieve 
     the employee from performing those activities, reassign the 
     employee, or place the employee on leave until--
       ``(A) the Secretary determines that the employee's 
     performance of duty in carrying out the activity did not 
     contribute substantially to the cause of the accident; or
       ``(B) the Secretary determines the employee has been re-
     qualified or re-trained as provided for in section 4 of the 
     Pipeline Safety Improvement Act of 2000 and can safely 
     perform those activities.
       ``(3) Disciplinary action taken by an operator under 
     paragraph (2) shall be in accordance with the terms and 
     conditions of any applicable collective bargaining agreement 
     to the extent it is not inconsistent with the requirements of 
     this section.''.
       On page 39, line 15, strike ``SEC. 14.'' and insert ``SEC. 
     15.''.
       On page 49, beginning with line 4, strike through line 16 
     on page 52 and insert the following:

     SEC. 16. STATE PIPELINE SAFETY ADVISORY COMMITTEES.

       Within 90 days after receiving recommendations for 
     improvements to pipeline safety from an advisory committee 
     appointed by the governor of any State, the Secretary of 
     Transportation shall respond in writing to the committee 
     setting forth what action, if any, the Secretary will take on 
     those recommendations and the Secretary's reasons for acting 
     or not acting upon any of the recommendations.
       On page 52, line 17, strike ``SEC. 16.'' and insert ``SEC. 
     17.''.
       On page 53, line 5, strike ``SEC. 17.'' and insert ``SEC. 
     18.''.

                          ____________________