[Congressional Record Volume 146, Number 106 (Tuesday, September 12, 2000)]
[Senate]
[Pages S8398-S8406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  Mr. HOLLINGS. Mr. President, amongst all articles, you can see, 
generally speaking, China has a glut in agriculture. Their problem, of 
course, is transportation and distribution. But there is no question 
that once that problem is solved, that 7800 million farmers can 
certainly outproduce, if you please, the 3.5 million farmers in the 
United States.
  All of the farm vote is in strong support of PNTR because they think, 
of course, it is going to enhance their agricultural trade. The fact is 
there are only a few here--the significant ones--and I have picked 
those out; cereals--wheat, corn, rice--and soybeans. Yes, there is a 
plus balance of trade in the cereals--wheat, corn, and rice--but it has 
gone from 440 million bushels down to 39 million bushels. With 
soybeans, it has gone from 366 million bushels, in the 4-year period, 
down to 288 million bushels.
  So this particular amendment states that beginning on the first day 
of next year:

       [T]he President shall report to the Congress on the balance 
     of trade between the United States and the People's Republic 
     of China in cereals (wheat, corn, and rice) and on the 
     balance of trade between the United States and the People's 
     Republic of China in soybeans for the previous year.
       If the President reports a trade deficit in favor of the 
     People's Republic of China . . . for cereals or for soybeans, 
     then the President is authorized and requested to initiate 
     negotiations to obtain additional commitments from the 
     People's Republic of China to reduce or eliminate the 
     imbalance.
       The President shall [also] report to the Congress the 
     results of those negotiations . . . .

  In a line last week, I saw the Prime Minister of Great Britain at the 
conference in New York. He was all stirred and upset with respect to 
1,000 cashmere jobs in the United Kingdom. He was really going to bat 
for them. The story had his picture politicking, trying to convince the 
United States in particular not to take retaliatory action against his 
1,000 cashmere jobs.
  Here I stand, having lost 38,700 textile jobs in the State of South 
Carolina since NAFTA--over 400,000 nationally. According to the 
National Association of Manufacturers, we are going out of business. 
And I can't get the attention of the White House and I can't get the 
attention of Congress.
  I thank the distinguished Senator from New York for permitting me to 
have these amendments called up and printed, and then, of course, 
obviously set aside. Let me take my turn in behind the distinguished 
Senator from Tennessee and the Senator from West Virginia. The Byrd 
amendment is up, and I think several others. I will take my turn.
  But I want my colleagues to look at these reasonable, sensible, 
pleading kind of amendments so that we can fulfill, as a Congress, 
under the Constitution, article 1, section 8: The Congress of the 
United States shall regulate foreign commerce.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Allard). Without objection, it is so 
ordered.
  Mr. LOTT. Mr. President, let me say again that I think we have made 
good progress. We have had good debate on both sides of the underlying 
China PNTR bill, and also on the amendments. But we are reaching the 
point where we really need to pick that speed up. We need to get an 
agreement on what amendments will be offered, time agreements for them 
to be debated, and votes. And we ought to do it tomorrow. Without that, 
certainly we will have to file cloture; and I may have to anyway. But I 
think the fair thing to do is give everybody who is serious a chance to 
offer amendments, have a time for debate on both sides, and then have 
votes.
  I am going to try to get that started with this request. And we may 
have other requests. We are working on both sides of the aisle to 
identify amendments that really must be moved.
  I just want to say to one and all that in the end we are going to get 
the bill to a conclusion. It is going to pass. We have been fair to 
everybody. But it is time now we begin to get to the closing. With a 
little help, we can finish this bill Thursday, or Friday, or, if not, 
early next week. I just have to begin to take action to make that 
happen so we can consider other issues.
  I ask unanimous consent that a vote occur on or in relation to the 
pending Thompson amendment at 11 a.m. on Wednesday, and the time 
between 9:30 and 10:30 be equally divided in the usual form, and that 
no second-degree amendments be in order prior to the vote in relation 
to the amendment.
  I further ask unanimous consent that a vote occur on the pending Byrd 
amendment immediately following the 11 a.m. vote and there be time 
between 10:30 and 11 a.m. for closing remarks on that amendment to be 
equally divided in the usual form.
  Before the Chair rules, I want to say that if any objection is heard 
to this agreement, we will attempt to set two votes tomorrow on these 
or other issues beginning at 11 a.m.
  Therefore, there will be no further votes this evening, and votes 
will occur at 11 a.m.--hopefully including the Thompson amendment in 
those 11 o'clock votes. But if there is a problem with that, then we 
will ask consent to put in place two of the other amendments.
  With that, I ask the Chair to put the request to the Senate.
  The PRESIDING OFFICER. Is there objection?
  Mr. GRAMM. Mr. President, reserving the right to object, I have a 
great deal of respect for Senator Thompson and the issues he has 
raised. The problem is these issues fit more closely on the Export 
Administration Act. They have not been considered in committee. I think 
they represent a very real problem in this bill. I think it is 
important that if we are going to debate issues such as this, they be 
not just fully debated but they be subject to amendment.
  On that basis, let me yield. Senator Enzi wants to be recognized.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Mr. President, reserving the right to object, there isn't 
just an amendment that is being put on. It is an entire bill--33 
pages--of very important information that has been changed each and 
every time we have seen a copy. My staff and I on the International 
Trade Subcommittee of the Finance Committee have been working on these 
issues for a long time. We have tried to take this moving target and 
worked on some amendments that could be put on it. It would need to be 
extensively amended to keep both national security and industry moving 
forward in the United States.
  On that basis, I have to object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LOTT. Mr. President, I believe there will be another consent 
request

[[Page S8399]]

propounded later so that we can have two--the Byrd amendment and 
another--considered and voted on at 11 o'clock.
  I note that the Senator from Tennessee will want to respond to the 
objection just heard.
  Let me say on that issue that I have been supportive of the Export 
Administration Act and tried several different ways earlier to get that 
to the floor. There were problems raised by a number of our committee 
chairmen. We were not able to get that done. I think the Thompson 
amendment is a very serious and legitimate amendment that has been 
considered, and it should be voted on. I think we should go ahead and 
vote on it tomorrow. I think people know where we are. We ought to go 
ahead and have that vote and move on.
  I also must say I am trying to get these votes done so that the 
largest number of Senators can be accommodated and be here for the 
vote.
  I also want to say I don't know exactly what the Senator from 
Tennessee is going to do. But I predict right now that if we don't get 
this agreement to vote on the Thompson amendment tomorrow, we are going 
to vote on it at some point--I believe probably on or in relation to 
this bill.
  I don't think it serves anybody's purpose to try to put this off or 
to object to it. In fact, it may make the situation worse, not better. 
I think we are ready to go. I think everybody knows how they are going 
to vote. I think while it may be a close vote, everybody pretty much is 
reconciled to getting it done tomorrow.
  I regret that there was objection. I hope we can still find a way to 
get a vote on it in the next sequence that we will try to put together.

  By the way, on the Export Administration Act, I believe we are 
prepared to try to find a way to consider that because I think we need 
to act on it, making sure that we consider national security interests. 
That, obviously, is an underlying factor on the Export Administration 
Act. I have no doubt that the Senator from Wyoming wouldn't be for it 
if he had any doubts in that area himself because he has worked so 
extensively on it.
  The same thing applies on this amendment. Senator Thompson is trying 
to raise a general concern about national security interests. The 
Chinese are not complying with the nuclear proliferation regimes to 
which they have committed.
  What worries me is we are going to have this vote, we are going to 
pass this bill, and in a month or 6 months we may have a lot of 
explaining to do. I spent 2 months trying to get a way to have this 
issue considered separately. That is the way it should have been 
considered. But it will be considered, I predict, before we get out of 
here.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. THOMPSON. First, I thank the majority leader and agree with him 
completely on the proposition that we will have a vote on this issue. 
It might not be the exact wording of this bill, but we will have a vote 
on this issue.
  We introduced this bill last May because, as chairman of the 
Governmental Affairs Committee, the committee that has jurisdiction on 
proliferation matters under the statute, we receive briefings, as a few 
committees do, on proliferation developments, for example. In that 
position, we have had numerous hearings and have been told there is a 
longstanding and growing threat because of proliferation of China, 
primarily, and Russia and North Korea.
  We haven't had a lot of attention with regard to that, or a whole lot 
of interest, until we started discussing it in the context of trade. 
Trade interests everybody because there is money to be made. That is 
understandable. I am all for it.
  We introduced this bill because we were told by our intelligence 
people that there was a threat to this country. I can't think of 
anything more serious that we could possibly be dealing with than a 
nuclear, biological, or chemical threat, and the fact that rogue 
nations are rapidly developing the capability to hit this country with 
all three of those. Let that sink in for a little bit.
  All the time that we spend around here in budget and other votes that 
take up most of our time, trying to divide up the money, we are being 
told by our experts--whether it is the Rumsfeld Commission, the Deutch 
Commission, the Cox Commission, or the biennial intelligence 
assessment--there is a present danger and it is growing, and the 
Chinese are actually increasing their activities as far as missiles are 
concerned.

  That is why we introduced the bill. People raise various objections. 
Last night some were saying the report that we want to have produced is 
too extensive and we might catch up some innocent Chinese companies 
that might later prove to be innocent when we accuse them of 
proliferating. Frankly, I am willing to take that risk.
  We tried to get a separate vote. We said: Let's not put it on PNTR. 
Our amendment shouldn't be considered a trade measure. The bipartisan 
bill shouldn't be considered a trade bill. It is a proliferation bill. 
So let's discuss it in the context of our overall relationship with 
China, but don't force us to put it on the China trade bill.
  No, you wouldn't have that. We couldn't have that. You wouldn't give 
me a separate vote on that because it might complicate things.
  So I said OK, if you don't do that, I will put it on the bill. So I 
put it on bill. Senator Torricelli and I did. And now it is an 
amendment to the China trade bill.
  They said: My goodness, we wish you wouldn't have done that. We wish 
it was a freestanding bill now that we see you are serious, but we 
can't possibly vote on it as an amendment to the trade bill because it 
might complicate the trade bill.
  So we have gone through all of that.
  Frankly, we were told from the minority side that our Democratic 
colleagues were the ones who sunk--a few over there were the ones who 
had a problem with this. We have discussed this since May and there 
have been some changes. Anybody who wanted to discuss this bill--and 
there were staffers from many, many Senators, Democrats and 
Republicans, who have worked with Senator Torricelli and my staff--
anyone who wanted some input certainly had the opportunity to do that 
for months. There have been changes because we have been trying to 
accommodate the concerns: It is too tough; we didn't give the President 
enough discretion. We made changes because of that. We have been 
discussing this since May, with all of the foot-dragging that we have 
seen along the way.
  We had a good debate last night, and we had a good debate today. We 
debated over sanctions and whether or not they were effective--things 
that we ought to be debating. Good things, good substance, important 
subjects that we ought to be debating, and raising the issue now. When 
we are obviously getting ready to engage in this new trade relationship 
with China, what better time to address the fact that they are the 
world's worst in selling weapons of mass destruction to these rogue 
nations.
  We claim we need a national defense system because of the threat of 
these rogue nations. How can we talk to the Chinese Government without 
addressing it? That is what the debate has been about. It has been 
good.
  Now it is time for a vote. I have been around here a few years. I 
don't remember another occasion where a colleague has objected to a 
vote under these circumstances. My Democratic colleagues have raised no 
objection, but my two good friends on this side of the aisle raise 
objections. I am sad to say that it appears the real objection all 
comes down to one of jurisdiction. My friend from Wyoming apparently 
believes this should be a part of his bill if it is going to be 
anything, the Export Administration Act; and that this should be 
presumably under the purview of the Banking Committee if it is going to 
be considered. He will have the opportunity to correct me if I am 
wrong, but I thought that is what I heard.
  I think that is a sad set of circumstances, if after all of that we 
finally flush out the real reasons for the objection to even having a 
vote. Oppose it if you will, but the objection to even having a vote is 
because somebody got somebody else's jurisdiction.
  All my colleagues should know that according to the Parliamentarian, 
this bill, if it were referred to committee, would be referred to the 
Foreign Relations Committee.
  Let's look at some of the hearings we have had in the Governmental 
Affairs

[[Page S8400]]

Committee. The Banking Committee has some jurisdiction with regard to 
export administration. The Governmental Affairs Committee has some 
jurisdiction with regard to proliferation. I can't believe we are even 
talking about this, but here goes. It is like kids squabbling in the 
back of the schoolbus.
  If the issue is that nobody has paid any attention to this and nobody 
has had any hearings, this committee of jurisdiction, the Governmental 
Affairs Committee, in May of 2000, had a full committee hearing on 
export control implementation issues with respect to high-performance 
computers.
  In April of 2000: Full committee hearing on the Wassenaar Arrangement 
and the future of the multilateral export controls;
  February of 2000: Subcommittee on Internet Security, Proliferation 
and Federal Services hearing on National Intelligence Estimate on the 
Ballistic Missile Threat to the United States;
  June of 1999: Full committee hearing on Interagency Inspector 
General's Report on the Export-Control Process for Dual-Use and 
Munitions List Commodities;
  June of 1999: Full committee hearing on Dual-Use and Munitions List 
Export Control Processes and Implementation at the Department of 
Energy;
  May of 1999: Subcommittee on International Security, Proliferation 
and Federal Services--that is Senator Cochran's subcommittee. He had a 
hearing on the Report of the House Select Committee on U.S. National 
Security and Military/Commercial Concerns with the People's Republic of 
China.
  Senator Cochran's subcommittee, of course, has been in this area, the 
proliferation area, the missile area, the whole problem with China and 
Russia in particular, the problem with the rogue nations--Senator 
Cochran has been dealing with this for years and has put out published 
reports. The last one was within the last couple of weeks, for anybody 
who is interested.
  September of 1998: Subcommittee on International Security, 
Proliferation and Federal Services hearing on GAO Reports on High 
Performance Computers;
  June of 1998: Subcommittee on International Security, Proliferation 
and Federal Services hearing on the Adequacy of Commerce Department 
Satellite Export Controls;
  March of 1998: Subcommittee on International Security, Proliferation 
and Federal Services hearing on the Comprehensive Test Ban Treaty and 
Nuclear Proliferation;
  October of 1997: Subcommittee on International Security, 
Proliferation and Federal Services hearing on North Korean Missile 
Proliferation--again Senator Cochran's subcommittee. Once again, in 
September of 1997, his Subcommittee on International Security 
Proliferation and Federal Services had a hearing on Missile 
Proliferation in the Information Age.
  In June of 1997, his subcommittee had a hearing on Proliferation and 
U.S. Export Controls.
  In May of 1997, his subcommittee had a hearing on National Missile 
Defense and the ABM Treaty. Senator Cochran, of course, is chairman of 
this subcommittee. He is the leader on the national missile defense 
issue and has been for some time. Of course, again, it is directly 
relevant because the reason we are claiming we need a national missile 
defense is the very issue our amendment brings up.
  April of 1997: Subcommittee on International Security--again, Senator 
Cochran's subcommittee--hearing on Chinese Proliferation--Part II;
  April of 1997: His subcommittee, Chinese Proliferation hearing, Part 
I.
  So, for the uninformed, we have various committees here with various 
jurisdictions. Sometimes jurisdiction overlaps, where more than one 
committee has jurisdiction in the subject area. This is one of those 
cases.
  Over the past 4 years, the Governmental Affairs Committee alone has 
held 15 hearings on proliferation; over 30 hearings have been held by 
my committee, the Armed Services Committee, and in the Foreign 
Relations Committee. Furthermore, this legislation has the full support 
of the chairman of jurisdiction, Senator Helms, chairman of the Foreign 
Relations Committee. The issue of proliferation, of course, has had a 
full, full consideration for some time now.

  So we will have an opportunity to discuss this further, including 
further tonight. I don't know if anyone wants to speak to this. I will 
give them the opportunity, give my colleague from Wyoming an 
opportunity to further address it. But it is a sad situation, when our 
country faces this kind of threat, that we cannot even get a vote on an 
amendment that would address that threat.
  Vote it down if you must. Oppose it if you will. But the very idea of 
us not having a vote because it has not been considered enough by the 
right committee or that it is more properly a part of somebody else's 
bill instead of our bill? Surely it has not come to that.
  I will yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Mr. President, I thank the Senator from Tennessee for his 
comments. I want to assure him I am not doing this on a jurisdictional 
basis. I am a little incensed at the implication of that accusation, 
and, in the objection I raised, I did not mention anything about 
jurisdiction. In the speech I gave yesterday, I didn't mention anything 
about jurisdiction. I mentioned the concerns about items that are in 
this bill and there are amendments that would need to be made to this 
bill. I am sure, if it went through the normal process--and one of the 
things I am learning about here is process. I learned a lot about 
process as I did the bill my colleague mentioned, the Export 
Administration Act. I took it through a process. I got a 20-0 vote on 
it. I brought it to the floor. I learned a little bit about process 
that sometimes, even when you think you have the right to bring it up 
on the floor, people can object after that point and you can have it 
taken down. But it went through a process there. That process has 
undoubtedly been effectively stopped for this year. I have not been 
whining about that.
  But I did learn a lot of things through that process because it 
involved going into a number of the reports the Senator from Tennessee 
has mentioned. I did not just go through the public part of those 
reports. I took the time to go over to the Intelligence Committee and 
have the special briefings and read the documents from a number of the 
things that have been cited, and particularly the Cox report. So I 
learned a lot of things about these areas of problems.
  There are some problems there, and they need to be solved, but they 
ought to be solved through the regular process so we do not wind up 
with some things we are going to be embarrassed by, or believe are 
lacking, or have pointed out to us later that just a little bit more 
deliberation would have changed.
  We have been suggesting changes. We can make some amendments. It is 
very difficult to go into another person's bill and make extensive 
amendments, but we have mentioned the need for some pretty extensive 
amendments. I am certain if this would have gone through the process of 
going through the Foreign Relations Committee first--not just hearings. 
Hearings are valuable. They build some basis for building things. I 
know these extensive hearings that have been done are where this bill 
came from. But it goes through another step in that process called a 
markup. That is where very detailed amendments are made to a bill by 
people who have a wide knowledge of the items that are included. It is 
kind of a free-for-all, putting on amendments. A number of them do not 
make it and should not make it. But it gives a more thorough review 
than if one of us drafts a bill, or two of us get together and draft a 
bill, and then occasionally talk to other people and occasionally 
listen to part of their criticisms but discard large parts of their 
criticism.
  I know this bill was originally drafted in May and we have been 
registering objections to things that are in it since May. They have 
been tweaked a little bit, and part of the process is, if you are not 
going to make the changes, then you have to go through this process 
here on the floor, which the Senate designs to be an extremely 
excruciating one--as I learned on my EAA bill.
  It is a part of the process. There needs to be additional work on it. 
There needs to be additional amendments.

[[Page S8401]]

  As I mentioned yesterday, if one listens to the debate, it sounds as 
if we can solve the export-import imbalance by doing PNTR, and that is 
not going to happen. The way that imbalance gets solved is if U.S. 
folks stop buying Chinese products or we get extensive sales over 
there. Extensive sales over there probably is not going to happen 
because the people over there on an average wage do not make much, so 
they cannot buy much. We do have a hope of getting in the door with 
some of the bigger equipment items. To listen to the debate, everything 
will be solved by PNTR, and that is not going to happen.
  I have to congratulate the Senator from Tennessee for the title he 
put on the bill. I noticed when he expanded the bill to include a 
couple of other countries in light of our objection, that it was aimed 
solely at China and they are not the only proliferators. A couple of 
others were stuck in there. But the title was not changed because the 
title is so great. One of the things I learned a long time ago in 
legislation is one does not vote on a bill because of a good title. One 
votes on it because it is good through and through.
  Those have been the reasons for my objections. I am sorry if the 
Senator from Tennessee put in all of that work. This delays his plan 
for a vote, but it does not stop it.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. THOMPSON. Mr. President, first, I am sorry if I drew the wrong 
conclusion this might be jurisdictional. When the Senator mentioned 
this would be a better part of the Export Administration Act 
legislation, which happens to be his legislation, and it was not 
referred to the right committee, I just thought that might be 
jurisdictional. That is where I got that idea. If he resents that 
implication, I am sorry, but that is the source of that idea.
  I think back to a time not too long ago when the Senator from Wyoming 
and the Senator from Texas worked long and hard on a bill called the 
Export Administration Act. Several of us who are committee chairmen had 
problems with that because of some of the same things we are talking 
about.
  In my view, and I think my colleagues' view, it liberalized our 
export rules at a time when we should have been tightening them up. The 
chairman of the Armed Services Committee, the chairman of the 
Intelligence Committee, the chairman of the Foreign Relations 
Committee, and myself as chairman of the Governmental Affairs 
Committee, looked at this and said that it had some major problems. The 
statement was made by the sponsors of the bill that they would not 
bring it up, as I recall, without our signing off on it, and we never 
signed off on it.
  If the hangup here is the fact my colleagues have not gotten a vote 
on their Export Administration Act, I suggest they offer it as an 
amendment to my amendment. Let's have a second-degree amendment. If 
that is the problem, then let's have a vote on both of them.
  Let's be frank with each other. The Senator's opposition is the same 
opposition and arguments in many respects that we have heard from four 
other amendments that have been considered. The only difference is we 
have had votes on those four other amendments. The Senator was not over 
here complaining that we had not had sufficient process, I guess, with 
regard to the Wellstone amendment or the Byrd amendment or the Hollings 
amendment or the Helms amendment. The process was OK with regard to 
those, but now we have an amendment, the only amendment that deals with 
a direct threat to this Nation, and we are talking about process.

  One of the big complaints of the opponents of the Thompson-Torricelli 
amendment has been that we have changed it so much they hardly know 
what is going on here anymore. The reason we changed it is we kept 
responding to the complaints. Staffs met numerous times. Everybody knew 
these meetings were going on. It was not an open forum for somebody to 
come down and lay down a bunch of requirements if they did not get what 
they wanted the first day, leave, and not show up again. It was an 
open, rolling forum with various staff members.
  I sat in on an occasion or two. It was very open since May that we 
were talking about trying to come together because we all appreciate 
the proliferation problem and we need to do something.
  While we are talking about trade with China, we ought to be talking 
with them also about the fact they are endangering this country by 
arming these rogue nations, and we tried to work it out. Some Members 
objected. We had mandatory sanctions and they said we did not give the 
President enough discretion. We gave him more discretion. Some people 
claimed we are singling out the Chinese; it will make them angry; and 
it will be counterproductive. We broadened it. Some people claimed we 
were giving Congress too much authority; that any Member of Congress 
could come in and have a vote to override a Presidential decision in 
this regard, so we raised the requirement to 20 Members. There have to 
be 20 Members who have to have that concern. We made all of these 
changes.
  Now I understand the complaint is that we did not change it enough, 
or is it the process? Is that process? Is that a process issue? There 
are still problems with it. Everybody who has spoken against this bill 
has raised problems with it, but none of them have raised an objection 
to taking a vote.
  I just received the latest in a series of fliers I have been graced 
with over the last several days; this one from an industry coalition. 
The first thing we got today was a report from the president of the 
Chamber of Commerce who came out against our bill. Somebody told me 
they were at a Chamber of Commerce meeting not long ago and they 
mentioned my bill, and most of the people there broke into applause. I 
ought to be careful talking about the Chamber of Commerce.
  This is coming from the president of the Chamber of Commerce, who I 
do not think speaks for the average business person in America on this 
issue. Let's get that straight. First of all, he complains that it is 
limited to one country--obviously, he has not read the bill--that if we 
do this, it will effectively kill the bill, not that we have this 
serious problem and we should do something about it, but effectively it 
will kill the bill.
  Then he says he is getting ready to leave for a tour of Asia and 
going to wind up in Beijing, but before he leaves, he delivers his last 
salvo against my amendment, purporting to speak for all the members, I 
suppose, of the Chamber of Commerce. I hope while he is in Beijing, he 
will ask them to quit selling weapons of mass destruction to our 
enemies. I hope that is on his agenda while he is talking about his 
trade.
  The latest has been a sheet put out by the High-Tech Industry 
Coalition on China, the American Electronics Association, Business 
Software Alliance, Computer Systems Policy Project, Computer Technology 
Industry Association, Consumer Electronics Association, Electronic 
Industry Alliance, Information Technology Industry Council, National 
Venture Capital Association, Semiconductor Industry Association, 
Semiconductor Equipment Materials International, Software and 
Information Industry Association, Telecommunications Industry 
Association, and United States Information Technology Offices.
  All of them have joined together to put out this opposition sheet to 
this bill. Some people have been so crass as to imply that maybe it was 
this feverish lobbying that is going on from exporters that might have 
something to do with the opposition to this bill.
  But I have the greatest respect, from what I know, about this entire 
group here. Our high-tech industry has done phenomenally well. They are 
creative. They have contributed mightily to our economy. They want to 
export; I understand that. They want to make more money; I understand 
that. God bless them. More power to them. But I do not see any 
association listed on here that has any responsibility for the 
protection of this country.
  We can vote on human rights, religious freedom, and all the other 
important things, but the only thing that poses a danger to this 
country we can't get a vote on because we didn't go through the 
``process'' because it needs to go back to a committee. The chairman of 
that committee gave the most eloquent statement that has been given on 
behalf of my amendment. One Senator just said he wants to send it to a 
committee that does not want it, whose chairman, Senator Helms, says

[[Page S8402]]

we do not need it; that we have had enough hearings; that we know what 
the problem is.
  Give me a break. There will be a vote on this issue. But let's get 
back to the latest salvo, which may or may not have something to do 
with what we are dealing with tonight. The information they are putting 
out says this undercuts China PNTR; that it will undo PNTR; that it 
will return us to inflammatory annual votes on China.
  I have been involved in a few annual votes on China. I do not 
remember the flames, but be that as it may, this will not kill PNTR. 
The die is cast on PNTR. The House has passed PNTR. We are going to 
pass PNTR. The only issue is whether or not in doing so, we raise the 
issue with our new ``strategic trading partners,'' the issue that we 
are making this world a more dangerous one.
  The House passed it by a 40-vote margin. Are you here to tell me that 
if we passed it and added on a nuclear proliferation component, that it 
would make it more difficult for the House to pass it again? It would 
have to go back to the House if we add anything new. So for the folks 
who might be listening and watching, the deal is, they say: You can't 
pass the Thompson amendment because it is different from what the House 
passed. If you make any changes, it has to go back to the House for 
another vote, and they might not vote for it again. That is the bottom-
line argument for those who oppose this amendment.
  My first response is, so what. If we have a serious national security 
problem and issue that is paramount, it begs the question: Is this 
problem serious enough for us to address? I can join issue on that 
argument and respect my friends who disagree with it. But don't tell me 
that even though it may be that serious, we can't add it on over here 
because the House might have to take another vote. That is an insult to 
this body. Since when did we stop being the world's greatest 
deliberative body and become a rubber stamp for the House of 
Representatives?
  The practical answer to this particular accusation is that it will 
not kill PNTR. Before the sun sets, they will have it back over there, 
and they will revote on it. Nobody is going to go into an election just 
having cast a vote for it and then a vote against it, and the vote 
against it has a proliferation tag-on. That is going to make it more 
difficult to vote for it? Give me a break.

  Please, be serious in your arguments, I say to my friends. There are 
some serious arguments to be had around here. I had a good discussion 
with the Senator from Kansas today on sanctions in general--a good 
discussion. But don't tell me, as a Senator, I have to rubber stamp 
something, when the House of Representatives identifies problems--
religious persecution, slave labor, Radio Free Asia--and then it comes 
over here, and we can't identify the only thing that is a threat to 
this Nation.
  All those things are things that ought to be identified. They were 
correct in doing that. But to tell us that we have to rubber stamp it, 
that the benefits of PNTR to this country are so great, and so obvious, 
and so overwhelming, and so clear, that we are afraid to risk letting 
the House, with a 40-vote margin, with a nuclear proliferation add-on, 
have another shot at it because it is going to cost us a few more 
days--while the Chinese Government, as we speak, is trying to undercut 
the WTO agreement. That is just kind of a sideline. We see this in the 
paper now. We understand. They are trying to mess with Taiwan coming 
into the WTO later. They are trying to renege on some of the agreements 
that they have previously made in their bilateral agreement with us. 
They must not have any respect at all for us right now. We have danced 
to their tune now for a few years. We do not make any big fuss about 
the theft of nuclear secrets. We say: Boys will be boys. Everybody does 
that.
  The Chinese military puts money into our campaigns, and they say, 
again: Maybe the higher-ups didn't know about it. We give them WTO. We 
give them a veto on a national missile defense system. That is the 
reason the President put off that decision, because the Russians and 
the Chinese objected to it.
  We send delegations over there asking them to please stop their 
proliferation activities. They give us the back of their hand and say: 
We're going to continue our activities as long as you continue with the 
missile defense system and your friendship with Taiwan.
  Then the President meets Jiang Zemin at the Waldorf in New York on 
Friday. According to the New York Times, the President once again 
raised the issue of what they were doing with regard to Pakistan. They 
have outfitted Pakistan. They took a nation, a small nation with no 
nuclear capability, and have outfitted Pakistan, soup to nuts. Not only 
do they have missiles, M-11 missiles, goodness knows what else, but 
they now have, apparently, missile plants where they can make their 
own.
  The Chinese are probably ready to sign a new agreement now not to 
ship any more in there. They do not need to. They have equipped 
Pakistan so they can do it themselves. They have made that place a 
tinderbox. So the President rightfully brings this up, according to the 
New York Times.
  Jiang Zemin's response, apparently, according to the New York Times, 
was to smile, wish the President well on his pending retirement, and to 
thank him for his assistance in getting them into the WTO. They must 
not have much respect for us anymore.
  And we are over here saying we are afraid to give our House of 
Representatives another vote on this, regardless of the merits of the 
case. It would kill, as they say, the PNTR. They are incorrect. They 
are wrong. They are brilliant people. They have contributed mightily to 
our economy. I am talking about all these high-tech people. I want to 
help them in every way I can. I am with them on most things. But they 
do not know this subject. We are supposed to know it. We are given 
access to classified information. We are paid the big bucks to spend 
long hours poring over these documents that the intelligence people 
bring to us--and the Rumsfeld Commission and the Deutch Commission and 
the Cox Commission, and all the rest. It is not their responsibility.
  But they are papering this town. I said today, you can't stir the 
lobbyists with a stick. Everybody is petrified of this amendment. I 
think the reason is because they fear it will irritate the Chinese and 
maybe cause us some problems, trade retaliation, or something like 
that. But the Chinese want this mightily. They want this PNTR badly. 
They have a $69 billion trade surplus with us.
  There will be no killing of that golden goose. They are not foolish 
people.
  They also said that it is ineffective because it is a unilateral 
sanction. Unilateral sanctions rarely achieve the intended results of 
the targeted country, but they penalize American companies, workers, 
and investments. Let me tell you when an American company or worker 
would be penalized. If we catch the Chinese entities selling missile 
parts or the ability to make bombs, nuclear weapons, to Libya, let's 
say, then we are going to cut off military and dual use that can be 
used for military purposes, we are going to cut those sales off. So if 
you make those items, you are going to be affected. The President has 
the discretion--let me add that--and it does not happen automatically.
  The process, under our bill, is that we have a report. Our 
intelligence agencies give a report. It identifies these entities, 
companies that are doing these things. Then our President has the 
discretion or he has to make a determination, depending on the 
category, but it is within his power to exercise the appropriate 
remedy. We are not talking about cutting off sales of wheat or food or 
shoes--we would not be selling them shoes--or any other commodity. We 
are talking about munitions and dual-use items.
  If you are affected by that, you will be affected by this bill. I 
don't know about the company president, but I will bet you, if you said 
to the average worker--that is 2 percent, by the way, of our dual use 
and munitions; our entire trade with China is 2 percent of our exports; 
2 percent is what we are so afraid of here--if you said to the average 
worker: we are going to impose these restrictions or these sanctions on 
China for a year to try to get them to clean up their act because we 
have caught these Chinese companies doing these things. Obviously, it 
is going to make it a more dangerous place for

[[Page S8403]]

your kids if we keep on down this road. We need to get their attention. 
It is going to mean some loss of sales for the company you work for. Do 
you think we ought to do it?
  I don't think there is any question about that. I have more faith and 
confidence in the American worker and the American farmer.
  They talk about farmers being concerned. Well, agriculture is not 
directly affected, but what if the Chinese get mad at us and decide to 
cut off some of our agricultural exports?
  I think my Tennessee farmers are willing to take that chance. If that 
is the price we have to pay to sell corn, then that is too high a price 
to pay. I am like all these other agriculture Senators here. I have 
agriculture. I have farmers. They are concerned about these issues. But 
they are also very patriotic. When you come right down to it, there are 
a lot of organizations running around using the names of various 
people, but when you come right down to the workers of America and the 
farmers of America, you are not cutting off exports of goods across the 
spectrum, and you are certainly not cutting off agricultural exports. 
They would see through that. They would say, well, yes, there is an 
indirect possibility, if I am in a certain area, that there might be 
some ramifications down the road. But if that possibility were to 
occur, if that is what I have to do to help make this place a little 
bit safer and get their attention because, goodness knows, if we can't 
get their attention while we are about to give them this trade bill, we 
are never going to get their attention, I think they would be willing 
to go along with that.

  What else do they say? It duplicates current U.S. proliferation laws. 
The last point was the unilateral sanction. Of course, this was drafted 
by some lobbyists downtown. We all know that that works for these 
folks. All the points are always the same. They hand them around town. 
Everybody uses them. Do you really think their real concern is that 
these sanctions won't work or that we are duplicating current laws? Is 
that what is stirring up all this activity, that we are being 
inefficient in some way? Please.
  Unilateral sanctions don't work. Well, some don't. And there is a 
chance these might not. But there is a good chance they might.
  Why is the Chinese Government so upset? If you read the French 
newspapers--and I assure you, they are translated in English before I 
read them--or the Chinese, you will see that there is tremendous 
consternation over the Thompson-Torricelli amendment. Why do you think 
that is, if we are only duplicating what is already on the books and 
unilateral sanctions don't work? Do you think they are concerned 
because we are about to do something that doesn't work, or do you think 
they are going to maybe think twice before they continue their activity 
because they know that at least the Congress is serious about this? 
They are going to continue to get highlighted and embarrassed in the 
world community for making this a more dangerous world. I think it is 
the latter.
  I have had Mr. Berger, the President's national security adviser, 
tell me that on occasions when they have actually used or threatened 
unilateral action in times past, that it has had an effect. I don't 
think they have done it nearly enough, and we have strong disagreements 
about that. That is part of the problem we have had. They have gone 
around the barn to apologize for 95 percent of what the Chinese 
Government has done here. That is the reason we are here tonight. But 
when they have on occasion done this, he has told me it has had effect.
  You can't have it both ways. Unilateral sanctions sometimes do work. 
We are not talking about these blanket agricultural sanctions or going 
towards some particular country. We are going to the supplier and 
saying that we are going to cut off the relevant goods and items if we 
continue to catch you doing these things that you are flaunting 
disrespectfully.
  Unilateral sanctions undercut PNTR, will kill PNTR, and duplicates 
current laws. To a certain extent that is right. There are laws on the 
books now that require sanctions, just as we are proposing, or close to 
it.
  So you say, Thompson, why are you doing this? Well, because we have 
other provisions, such as a little more congressional oversight, such 
as a more extensive report where it would make it more difficult for a 
President to game the system and do what President Clinton said he had 
to do on occasion--that is, to fudge the facts--because if he made a 
finding against a company that he didn't want to move against for 
diplomatic reasons, the law would require him to do that. He didn't 
want to do that.
  What this does is make it more transparent. The President can still 
do it, but he has to give Congress a reason why he is not imposing 
sanctions on an entity that has been found to have been selling weapons 
of mass destruction.
  While it duplicates current law in many respects, which is a point in 
our favor because we are not doing something new and dangerous and 
onerous and burdensome, the President should already be doing some of 
these things. What we are doing is saying, yes, that, but also in 
addition to that, a mechanism whereby we can have some enforcement to 
it, have some congressional oversight and highlight the fact that the 
President has some options here.
  The President can address the capital markets issue. One of the 
things the opponents have complained about is the fact that our bill 
actually gives the President the authority to say to a particular 
Chinese company or, for that matter, a Russian or a North Korean 
company, but the big players right now, such as Petro China or the 
Chinese companies, raising billions of dollars in our stock markets, in 
the New York Stock Exchange, going back, in some cases, to enhance the 
Chinese military--and in many cases, according to the Deutch Commission 
and according to the Cox committee, these are proliferators of weapons 
of mass destruction, raising all this money in our capital markets. How 
many people know about that? You know, we don't want to close our 
capital markets. We can't do that without thought. But, for goodness' 
sake, that is a privilege; that is not a right for them to come in and 
raise money from our people who do not know who they are dealing with--
raise billions of dollars, while at the same time selling stuff that is 
making the world more dangerous for that investor's kids. Do we really 
want to keep financing these people that way? I don't think so.

  According to this latest leaflet, it is inconsistent with current 
nonproliferation regimes. It would be activated by a hair-trigger 
mechanism--a hair-trigger mechanism--based on credible information. 
Well, that just comes from a misunderstanding of the law and what the 
bill says.
  What the bill says is that if you get credible information that they 
are doing these things, you have to put it in the report. That is the 
only thing it activates. That is the hair-trigger they are talking 
about. If our intelligence people find that you are selling these 
things to these rogue nations, you have to put it in the report.
  Now, the President takes a look at that. If it has to do with a 
country, he has total discretion as to what to do. If it has to do with 
a company, an entity, say a state-owned company in China, as so many of 
them are, the President has to make a determination that in fact the 
credible evidence is true. Then the President has an option to have a 
waiver. Even after he makes a determination that the allegations are 
true, he still has a waiver that he can exercise before all of this 
happens, before any sanctions are levied. That is the hair-trigger they 
are talking about.
  They are just misinforming folks. I think it comes from a lack of 
understanding of what is in the bill. Somebody downtown, hopefully, 
will read it more carefully. You can have a lot of complaints about it, 
and so be it, but let's not misrepresent what it does. There is no 
hair-trigger, there is no automatic sanction, no automatic anything; it 
is discretionary with the President. If it is credible evidence, it 
goes into the report.
  Some people say: Well, it might be credible evidence, but it might 
not be proof beyond a reasonable doubt; we might catch up some innocent 
Chinese company. We are not trying a criminal lawsuit here. We are 
talking about information to go into a report for the

[[Page S8404]]

American people to see and for Congress to see. If it turns out we are 
incorrect, we can correct that when the time comes.
  I don't want to be callous about this just because they are Chinese 
companies and maybe had proliferation problems in the past. I don't 
want to accuse anybody of anything of which they are not guilty. My 
guess is, if our intelligence community takes the time and effort and 
concludes that this information is credible enough to go into the 
report, they probably did it. Considering the fact that they are the 
world's leading proliferators of weapons of mass destruction, somebody 
over there is doing it--not proof beyond a reasonable doubt, but, then 
again, we are not putting anybody in the penitentiary. We are trying to 
protect the American people.

       Contains automatic overbroad sanctions. The bill mandates 
     automatic U.S. sanctions against any private or governmental 
     entity, even for acquisition of commodity level products.

  Somebody is not paying attention, are they? ``Mandates automatic U.S. 
sanctions.'' It is just not true. The bill doesn't do that. There is 
nothing automatic about it. It is within the power and determination of 
the President if he chooses to do that. Then he has a waiver if he 
wants to use that. It is a modest step.

  I think this report is the most important part of this legislation. 
It is a more extensive report. We get these halfway jobs, summaries, 
but this is a more extensive report. The President will know we are 
getting it, and we will have a dialog about who is on it and why and to 
the extent the President is doing anything about it. The report 
requires the President to tell us what he intends to do about it. He 
doesn't have to do anything. But there is the pressure, I would think, 
for most Presidents, to want to have a pretty good reason if they 
didn't choose to do anything about it once that credible evidence was 
there.
  So, my friends who may be listening to this, there is an awful lot of 
false information going around. I know these people didn't intend to do 
this. They are in the business of advancing technology. They are the 
world's best, and God bless them. But they are not in this business. 
Somebody downtown is doing this who wants to win too badly. There are 
no automatic sanctions.

       Underwent an inadequate public process.

  Well, we are getting back to my friends from Wyoming and Texas.

       Deserves a full vetting by the Senate, not the hurried and 
     nonpublic process that has characterized the consideration of 
     this bill. Subsequent drafts and basic proposals have not 
     addressed the bill's deficiencies. Should not be substituted 
     for critical processes, such as public hearings.

  In other words, we haven't had any public hearings. Somebody is not 
paying attention. I just read off two pages of the public hearings that 
we have had on this general subject matter. Nobody paid attention then 
because trade was not involved; it was only national security. Now they 
are shocked to find out that all this time we have been having public 
hearings, and we have been getting the reports from bipartisan 
commissions all this time warning us, warning Congress, warning the 
American citizens, that it is becoming more dangerous. Countries such 
as North Korea will have the capability of hitting us within 5 years of 
their decision to do so. We know that some time ago they decided to 
have that capability. We know that some years ago they already decided 
to have the capability.
  Shortly after we got the report, they fired a two-stage rocket over 
the country of Japan--another one of our allies. I guess, now that I 
think about it, that delivered more than one message, didn't it? It 
told the good old USA: Yes, we have that capability that you are 
debating over there. This is what we have. It shocked our intelligence 
community and surprised us. The Rumsfeld Commission told us they feared 
that was the case, and then they showed us the capability. Of course, 
Japan is one of our closest allies. So I suppose that accentuated it.
  So we have gone through all that. How much does it take? And now my 
friends from Texas and Wyoming say we can't have a vote. We can't even 
have a vote on an issue that poses a direct threat to the security of 
this Nation because it hasn't sufficiently gone through the process.
  Then we had the Deutch Commission telling us some of the same things. 
And then the Cox Commission told us that, relevant to our export laws, 
the Chinese Government was using our technology and the supercomputers 
we were sending to them to perfect and enhance their nuclear 
capability.
  Was it Lenin who said, ``The U.S. would sell the rope with which to 
hang itself''?
  That is what that issue is all about. That is serious business. That 
opens another whole question about our export laws. That is why we have 
this debate and concern. My friends from Wyoming and Texas and I 
disagreed. So did these other Senators from various other committees, 
chairmen of these committees. It wasn't just me. At this particular 
time, while we can't put the genie back in the bottle, we can't keep 
technology from circling the globe eventually. But there is great 
dispute among experts as to what people can get their hands on and how 
long it will take other countries to get their hands on our technology. 
We shouldn't ship it out willy-nilly and let the Commerce Department 
decide. Some of our friends would let the Commerce Department decide 
whether or not these things ought to be sent around. The Commerce 
Department is in the business of business. Again, more power to them. 
But this is not a commerce issue. This is a national security issue. We 
should not be blind to our commercial interests, and we should not be 
unreasonable about that.

  But there are more important things than whether we should be 
loosening our export laws and saying, well, if we can make it, 
everybody is going to have it eventually. So we might as well give it 
to them tomorrow. Even if we are able to slow them down somewhat, this 
is a dangerous world. I am looking to the day we find out the direct 
proof that one of these rogue nations has what we shipped to China and 
China just passed it along. I assume it has already happened, but we 
don't have any proof of that. That is what all of this is really about, 
in my opinion.
  It goes on to say here--this is the last objection--it provides for 
dangerous procedures and fast-track procedures would inevitably lead to 
highly politicized annual votes.
  Our bill, of course, says the President's actions have been, frankly, 
inadequate. I think some of President Clinton's actions have been 
totally inadequate with regard to some of these decisions.
  Our intelligence has proof that the Chinese Government sent M-11 
missiles to Pakistan, and the response from the State Department is: 
No. We are not going to impose sanctions there because we cannot prove 
it. We only see canisters on the ground that we know were put there by 
the Chinese on Pakistani docks. But we do not really know that there 
are missiles inside the canisters.
  What can you say to that?
  Then there was another occasion where we proved that they sent ring 
magnets to the Pakistanis, and those go to enhance the uranium 
enrichment process that goes into these nuclear weapons. The answer 
there was that we did not have sufficient proof that those high up 
enough in the Chinese Government really signed off on that.
  We are requiring courtroom-level proof. Instead of requiring them to 
bear the burden, you had better prove to us that you didn't do it 
because it sure looks as if you did it. No, we are putting the burden 
on ourselves to have a level of proof that no one can ever reach 
because our diplomats and some of our administration officials are 
living in another world. They think if they can continue to dialog with 
the leadership of the Communist Chinese Government that things are 
going to magically fall into place.
  In this bill we said if we run into one of those situations Congress 
ought to have some input. Congress hasn't done enough in this regard. 
We can't sit back and say that we can't mess with the President's 
authority. We have done that too much--go into wars, and everything 
else--partially under the jurisdiction of this body. And we really do 
not want to take the political heat for making the decisions.
  Our tendency, it seems to me nowadays, is to sit back and let the 
President do the tough stuff and make those decisions. We will 
criticize him every once in a while. We don't want to be involved. That 
exposes us to criticism if we make a mistake.

[[Page S8405]]

  If you look at the national political polls, national security and 
foreign affairs ranks, only 2 percent of the people in this country 
would put it at the top of their area of concern--2 percent. That 
doesn't get the attention of a lot of people around here. So we sit 
back. We have done it too long. The problem is that this administration 
has sat back right along with us. The result of that has been a more 
dangerous world.
  We signal to our allies that we claim we need a national missile 
defense system because of rogue nations. But the signal is we are 
really not that worried about it; Trade is more important. We are 
signaling to the leadership of the Chinese Government that we may or 
may not be concerned about this. We may issue a sanction in one out of 
every five times we catch it.
  That is still going to lead to a more dangerous world because they 
somewhere along the line are going to misjudge how far we will go in 
response to some action.
  What we need to do is have something right now that is measured, that 
is reasonable, and that is not extreme to put in place to simply send a 
signal that while we are approving the trade bill, that trade is not 
the only thing that is important to us and that we are going to blow 
the whistle on them and maybe cut off some of their dual-use 
technology. Yes--perhaps even with hardship on one or more of those 
conferences. That is the signal we need to send.
  So we fashioned the provision in this bill that said if 20 Senators 
agree that we should disagree with the President's action--that we 
think it is clear and he is doing nothing, or that we think it is not 
so clear and he is doing something and we believe we should become 
involved--if 20 of us think that way, we can become involved in a 
variety of actions. He can veto that. Or it would take a tremendously 
unusual situation for us to actually get anything done, quite frankly. 
Everybody knows that. I know that. Overriding the President's veto on 
something like that would be tremendous. It would have to be an 
egregious situation. That is the kind of thing we need to signal to the 
world that we are willing to do, at least in an egregious situation.
  They say that it is dangerous. I say to them that we already have 60 
laws on the books that in one form or another have this general 
procedure I just described. They are making it look as if it is a 
dangerous, unusual thing. We have at least 60 laws on the books which 
provide for expedited procedure in one way or another.
  We will have an opportunity to discuss this further. As I say, I 
particularly want to get a vote on this. I guess I am having a hard 
time absorbing what has happened here. After all of this debate, all of 
this discussion, this clearly would not cause any harm and would not 
cause any problem, except some people think it would complicate the 
trade bill. It is not as if we are about to do something dangerous or 
we are about to do something where some of our critics say the law is 
already on the books and you don't need to do it. That is the level of 
danger we are talking about.
  Our colleagues are keeping us from even having a vote. And we let all 
of these other things go? The Senator from Wyoming and the Senator from 
Texas say we haven't gone through the process enough. It has nothing to 
do with the fact that we couldn't get our Export Administration Act up 
for a vote, or chose not to. Frankly, I don't know which. If that is 
the case, that is the case. I take them at their word. I don't want to 
accuse them of having jurisdictional concerns. I say when it is in the 
wrong committee and it is on the wrong bill, to me that is a 
jurisdictional problem. If I am using the wrong word, I apologize. But 
the very idea that in light of this threat and in light of the good 
debate that we have had--and we have pros and cons on the Republican 
side and pros and cons on the Democratic side as to whether or not we 
ought to pass this. We have had a good debate. We are talking about one 
of the few things that really matter around here.

  Our first obligation in the preamble of our Constitution is the 
reason for the creation of this Government, the kind of matters we are 
considering here tonight.
  To come down to this, after all these hearings and all this time, 
with no one denying the nature of the threat, saying it needs to be 
sent to the committee of jurisdiction--they know by now, of course, 
that the Parliamentarian has said it would go to the Foreign Relations 
Committee; it would not even go to their Banking Committee. The only 
problem they have with that is Senator Helms is chairman of the Foreign 
Relations Committee and says he doesn't want that to happen. He wants 
my amendment to pass.
  I don't understand. It has nothing to do with anything other than 
some jurisdiction. We need to go back and massage this a little bit 
more, send it back to a committee that doesn't want it. Maybe we can 
offer some amendments. Why not offer it now, I ask my friends from 
Wyoming and Texas. If you want to offer amendments, offer them now. I 
don't understand the nature of the problem. I cannot for the life of me 
understand the nature of the problem.
  But we will have a chance, perhaps, to explore that further.
  I yield the floor.
  Mr. BAUCUS. Mr. President, we have heard a lot on the Senate floor 
the last few days about the advantages to the United States of granting 
PNTR to China. In commercial terms, PNTR means that American farmers, 
ranchers, workers, manufacturers, and service providers can take 
advantage of what will be an unprecedented liberalization in the 
world's most populous market, and an economy that has grown almost ten 
percent annually for two decades. PNTR and China's accession to the WTO 
means that China will enter the global trade community, liberalize and 
open up much of its economy, and be subject to the operating rules and 
regulations of the WTO.
  I would like to focus my remarks on the effect of PNTR on one very 
important sector of America's economy--agriculture.
  We are in the third year of a severe agricultural crisis in the 
United States. Our farmers are suffering terribly from drought, record 
low prices, increased costs, and now damage due to unprecedented forest 
fires this summer. At the same time, the American food market is a 
mature one with almost no room for growth for our farmers and ranchers. 
Therefore, one part of the solution to the agricultural crisis lies in 
increasing the quantity and value of our agricultural exports, bringing 
the products of the world's most efficient farming to the people of the 
world.
  That means ensuring that our producers are not besieged by dumped 
imports. That means our producers need time to adjust to surges in 
imports. That means working to dismantle the European Union's system of 
massive trade-distorting export subsidies to its farmers. That means 
reversing the trends that have reduced our agricultural exports by ten 
billion dollars since 1996. And that means bringing China into the WTO 
and granting them PNTR so that our farmers and ranchers can benefit 
from the significant liberalization commitments that China is making.
  Let me review those changes that China has agreed to make as part of 
its WTO accession commitments. And remember, if we don't grant China 
PNTR, our competitors can take advantage of this new liberalization in 
China, while our ranchers and farmers will lose out.
  First, the US-China Agricultural Cooperation Agreement. Although this 
was technically separate from China's negotiations for WTO accession, 
it was an integral part of our bilateral negotiations. This 
agricultural agreement provides three specific benefits to American 
producers.
  On wheat, China agreed to end a thirty year ban on Pacific Northwest 
wheat. This ban was based on spurious sanitary and phyto-sanitary 
standards. We completed the first shipment of Pacific Northwest wheat 
to China earlier this year.
  On beef, under the agricultural agreement, China will accept meat and 
poultry from all USDA Food Safety Inspection Service-approved plants, 
honoring USDA inspection certificates.
  On citrus, the agreement provided for a series of measures that would 
approve citrus for export to China. Chinese officials made several 
inspection trips to the United States, and the first shipment occurred 
earlier this year.
  Second, China made significant trade concessions on bulk commodities. 
For

[[Page S8406]]

example, China agreed to a tariff rate quota on wheat of 7.3 million 
metric tons for its first year of membership in the WTO, increasing to 
9.6 million tons in 2004. This contrasts with recent annual import of 
wheat at around two million tons. Ten percent of the tariff rate quota 
will be allocated to non-state trading entities. If state trading 
entities do not use their portion of the quota, the unused part will be 
given to non-state entities. Tariff rate quotas at similarly high 
levels will also be in effect for other commodities such as corn, 
cotton, rice, and soybean oil.
  Third, tariffs themselves will be cut significantly. By January, 
2004, the overall average for agricultural products of importance to 
the United States will drop from 31 percent to 14 percent. Beef goes 
down from 45 percent to 12 percent for frozen and to 25 percent for 
fresh. Pork drops from 20 percent to 12 percent. Poultry goes from 20 
percent to 10 percent.
  Fourth, foreigners will have the right to distribute imported 
products without going through a state-trading enterprise or middleman.
  Fifth, China has committed not to use export subsidies for 
agricultural products. They have also committed to cap, and then 
reduce, trade-distorting domestic subsidies.
  Sixth, there are several provisions that most people think apply only 
to manufactured goods, but, in fact, apply to agriculture as well. The 
United States can continue to use our non-market economy methodology in 
anti-dumping cases for 15 years, an important protection against dumped 
Chinese products. Also, for the next 12 years, we can take safeguard 
measures against specific products from China that cause, or threaten 
to cause, disruption in our market.
  In short, once we grant China PNTR and the WTO accession process 
concludes, our farmers, ranchers, and food processors can begin to take 
advantage of vast new opportunities in China. Americans need to move 
aggressively to follow-up on these Chinese commitments. And we in the 
Congress and in the Executive Branch must put resources into monitoring 
closely Chinese compliance with those commitments.
  Following my own advice about follow up, I will lead a delegation of 
Montana ranchers, farmers, and business people to China in December. I 
encourage all my Congressional colleagues to do likewise. I have also 
sent a letter to Chinese Premier Zhu Rongji insisting that China fully 
comply with its agriculture commitments.
  We have a lot to do in the Congress this year and next to help our 
farm economy. Approving PNTR is one important part of that agenda.
  Mrs. FEINSTEIN. Mr. President, I would like to explain why I oppose 
all amendments offered to H.R. 4444, a bill to establish Permanent 
Normal Trade Relations (PNTR) with China.
  Much is at stake here; the effects of this vote may be felt for years 
to come. I am convinced that amendments at this stage create a 
procedural problem that could derail passage of this important bill. 
Adopting any amendments would mean sending this bill to conference, 
where it could become mired in wrangling over differences of language 
and content. It is clear to me that we do not have time remaining in 
this Congress to resolve a bicameral conflict over this bill. We can 
allow nothing to interfere with what may be this Congress's most 
important decision concerning China.
  I am convinced we must not let our focus be drawn away from the real 
point in question: pure and simple, this vote is about deciding whether 
or not the United States wishes to join with the world community in 
having normal trade relations with China, and whether we are prepared 
to conduct our dealings with China according to the terms and 
conditions established by that community under the World Trade 
Organization framework (WTO).
  This vote is about protecting U.S. interests in an increasingly 
competitive global marketplace and about ensuring that American 
workers, managers, entrepreneurs, and investors do not miss out on the 
opportunities that are bound to grow as China brings itself further 
into the modern world.
  I do not think we further U.S. interests by undermining this nation's 
ability to function effectively in the world's most important 
multinational trade organization, or by cutting Americans off from the 
full benefits of WTO membership.
  This is what will happen if we pass a bill that does not conform to 
WTO requirements, or if we are forced to send the bill to conference, 
and fail to pass a bill, at all. I believe it is in America's best 
interests that this body pass a clean, focused bill establishing 
permanent normal trade relations with China that is the same as the 
House bill and does not need conferencing.
  Mr. THOMPSON. Mr. President, I ask unanimous consent that at 10 a.m. 
on Wednesday there be 60 minutes for closing remarks for two 
amendments, with the following Senators in control of time: Senator 
Roth, 15 minutes; Senator Moynihan, 15 minutes; Senator Byrd, 15 
minutes, Senator Bob Smith, 15 minutes. I further ask consent that the 
vote on the pending Byrd amendment occur immediately at 11 a.m., to be 
followed by a vote in relation to division 6 of Senator Smith's 
amendment, No. 4129.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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