congressional_record: CREC-1994-10-08-pt1-PgE30
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| CREC-1994-10-08-pt1-PgE30 | 1994-10-08 | 103 | 2 | TRIBUTE TO KEN BURNS | HOUSE | EXTENSIONS | FRONTMATTER | E | E | [{"name": "William H. Zeliff Jr.", "role": "speaking"}] | 140 Cong. Rec. E | Congressional Record, Volume 140 Issue 146 (Saturday, October 8, 1994) [Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)] [Extensions of Remarks] [Page E] From the Congressional Record Online through the Government Printing Office [www.gpo.gov] [Congressional Record: October 8, 1994] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] TRIBUTE TO KEN BURNS ______ HON. WILLIAM H. ZELIFF, JR. of new hampshire in the house of representatives Friday, October 7, 1994 Mr. ZELIFF. Mr. Speaker, there is nothing in this world that can compare to an autumn in New Hampshire. The warmth of summer has begun to fade and a cool brisk wind whistles through the clear New England sky reminding all that winter is surely on its way. But before the leaves fall and the first snow blankets the countryside, one eagerly anticipated event must occur--the World Series. Like the fall itself, baseball's World Series comes and passes each year, invoking the glorious memories of seasons past. However, for the first time in this century, the national pastime's greatest series will not arrive with the cool winds and changing foliage. While the cancellation of the fall classic has darkened the spirits of the entire country, one man has restored in the Nation a sense of nostalgia and hope for the future. Ken Burns' most recent accomplishment, ``Baseball'' is a tribute to not only the game of baseball, but also to the people of America. ``Baseball'' traces the evolution of the game, from its early roots in the 19th century, through the depression and World War II, culminating with the 1980's and a glimpse towards the future. All the while, ``Baseball'' demonstrates the remarkable relationship between a game and its country. However, I did not rise today to only pay tribute to a documentary. I rise to recognize Ken Burns. A resident of Walpole, NH, Ken Burns has written, produced and directed two historic television series, ``Baseball'' and ``The Civil War.'' These landmark documentaries are ranked among the most watched events in PBS' history and are a testament to the talents of their author. Ken Burns has been honored with more than 40 major film and television awards, including two Emmy Awards, two Grammy Awards, and the Lincoln Prize. Also listed among his accomplishments are two Oscar nominations. I am certain that this list will continue to grow. Baseball may be gone for the year, but Ken Burns has helped resurrect the spirit that accompanies the waning days of the year when the boys of summer fight for the opportunity to pay the fall classic. On behalf of New Hampshire and the Nation, I want to thank Ken Burns for his efforts and wish him all the best in his future endeavors. But, as Secretary Brown's trip demonstrated, the United States business community is eager to pursue promising opportunities in China, and enhanced United States-Chinese commercial relations will no doubt greatly benefit both countries. However, in the mad dash to get a piece of the action, let's at least ensure that U.S. companies do not inadvertently contribute to the maintenance of the status quo. Mr. Speaker, many United States companies seem to believe it is axiomatic that the presence of Western business in China will help to usher in reform, but I have my doubts. The Western business community's ultimate value comes from their example, not their mere presence. They must adhere to internationally-recognized standards of labor law in order to be a catalyst for progress. But China's refusal to honor international labor standards plays a large part in creating the very environment that foreign business finds so attractive. For example, many Western companies are interested in transferring production to China because of its cheap labor costs. One reason labor costs are so low is the lack of OSHA protections. So, I wonder whether Western business will really want to uphold the health and safety regulations mandated by their own countries, as this would significantly raise the cost of doing business in China. Another reason for low wages is the absence of collective bargaining rights for workers. Of course, there are no rights in the Chinese workplace. Hence, although I applaud the American Chamber of Commerce in Hong Kong for its recent endorsement of a general code of Business Principles, I find it disturbing that this code is silent on freedom of association and expression in the workplace. Without these two fundamental guarantees, any attempt to ensure fair treatment of workers is meaningless. Mr. Speaker, I, therefore, am introducing legislation with my distinguished colleagues Jolene Unsoeld of Washington and Nancy Pelosi of California that would require United States businesses operating in China to follow internationally-recognized labor standards. This Code of Conduct is not burdensome or unreasonable. It would require United States businesses to ensure that their Chinese contractors maintain reasonable working hours, ensure safe working conditions, pay fair wages, treat all workers equally, and allow worker organizations and assemblies. There would be no direct oversight of their compliance; rather, the companies would annually report to the Secretary of State on their adherence to the principles. If United States business truly wants to promote positive change in China, then adherence to this Code of Conduct offers a tangible way to implement that agenda without in any way harming United States competitiveness in the marketplace. Demonstrating that the United States corporate community really does believe that good ethics and good business go hand-in-hand would send an unmistakable signal to the Chinese Government and provide powerful support to Chinese workers. Mr. Speaker, I ask that the text of our legislation be placed in the Record. H.R.-- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STATEMENT OF PRINCIPLES. (a) Purpose.--It is the purpose of this Act to create principles governing the conduct of United States economic cooperation projects in the People's Republic of China and Tibet. (b) Principles.--It is the sense of the Congress that any United States economic cooperation project in the People's Republic of China or Tibet should adhere to the following principles: (1) Suspend the use of all goods, wares, articles, and merchandise that are mined, produced, or manufactured, in whole or in part, by convict labor or forced labor if there is reason to believe that the material or product is produced or manufactured by such convict or forced labor, and refuse to use forced labor in the project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political or labor activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the project. The United States parent company of the United States economic cooperation project should not discriminate in terms or conditions of employment in the project against persons with past records of arrests or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the project to do not pose an unnecessary physical danger to workers and neighboring populations and property and that the project does not unnecessarily risk harm to the surrounding environment, and consult with community leaders regarding environmental protection with respect to the project. (4) Strive to use business enterprises that are not controlled by the Government of the People's Republic of China or its authorized agents and departments as potential partners in the project. (5) Prohibit any military presence on the premises of the project. (6) Undertake to promote freedom of association and assembly among the employees of the project. The United States economic cooperation project should protest any infringement by the Government of the People's Republic of China of these freedoms to the appropriate authorities of that Government and to the International Labor Organization, which has an office in Beijing. (7) Use every possible channel of communication with the Government of the People's Republic of China to urge that Government to disclose publicly a complete list of all those individuals arrested since March 1989, to end incommunicado detention and torture, and to provide international observers access to all places of detention in the People's Republic of China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June of 1989 and the pro-democracy demonstrations which have taken place in Tibet since 1787. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the operations of the project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States economic cooperation project should raise with appropriate authorities of the Government of People's Republic of China concerns about restrictions on importation of foreign publications. (c) Promotion of Principles by Other Nations.--The Secretary shall forward a copy of the principles set forth in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. SEC. 2 REGISTRATION REQUIREMENT. (a) In General.--Each United States parent company conducting a United States economic cooperation project in the People's Republic of China or Tibet shall register with the Secretary and indicate whether such company agrees to implement the principles set forth in section 1(b). No fee shall be required for registration under this subsection. (b) Effective Date.--The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. SEC. 3. REPORTING REQUIREMENTS. (a) Report.--Each United States parent company conducting a United States economic cooperation project in the People's Republic of China or Tibet shall report to the Secretary describing such company's adherence to the principles. Such company shall submit a completed reporting form furnished by the Secretary. The first report shall be submitted not later than 1 year after the date on which the national registers under section 2 and not later than the end of each 1-year period occurring thereafter. (b) Review of Report.--The Secretary shall review each report submitted under subsection (a) and determine whether the United States parent company submitting the report is adhering to the principles. The Secretary may request additional information from the United States parent company and other sources to verify the information contained in the report submitted by the company. (c) Annual Report.--The Secretary shall submit a report to the Congress and to the Secretariat of the Organization for Economic Cooperation and Development describing the level of adherence to the principles by United States parent companies subject to the reporting requirement of subsection (a). This report shall be submitted not later than 2 years after the date of the enactment of this Act and not later than the end of each 1-year period occurring thereafter. SEC. 4. EXPORT MARKETING SUPPORT. (a) Support.--A Federal agency may intercede with a foreign government or foreign national regarding export marketing activity in the People's Republic of China or Tibet on behalf of a United States parent company subject to the reporting requirements of section 3(a) only if that company adheres to the principles. (b) Effective Date.--Subsection (a) shall take effect 2 years after the date of enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``adhere to the principles'', ``adhering to the principles'' and ``adherence to the principles'' mean-- (A) agreeing to implement the principles set forth in section 1(b); (B) implementing those principles by taking good faith measures with respect to each such principle; and (C) reporting accurately to the Secretary on the measures taken to implement those principles; (2) the term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in the People's Republic of China or Tibet, except that such term does not include multilateral or bilateral government- to-government trade negotiations intended to resolve trade issues which may affect United States parent companies who do not adhere to the principles; (3) 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 the Northern Mariana Islands, or any other territory or possession of the United States; (4) the term ``Secretary'' means the Secretary of State; (5) the term ``United States economic cooperation project'' means-- (A) an equity joint venture, a cooperative joint venture, or a wholly foreign-owned enterprise established under the laws of the People's Republic of China, in which-- (i) a corporation, partnership, wholly-owned subsidiary, or other business association organized under the laws of the United States is an investor, or (ii) a corporation, partnership, or other business association organized under the laws of a country other than the United States or under the laws of a territory or possession of a country other than the United States, which is wholly owned by a corporation, partnership, or other business association organized under the laws of the United States, is an investor, and which employs more than 50 individuals in the People's Republic of China or Tibet; or (B) a branch office or representative office-- (i) of a corporation, partnership, wholly-owned subsidiary, or other business association organized under the laws of the United States, or (ii) of a corporation, partnership or other business association organized under the laws of a country other than the United States or under the laws of a territory or possession of a country other than the United States, which is wholly owned by a corporation, partnership, or other business association organized under the laws of the United States, which employs more than 25 employees in the People's Republic of China or Tibet; and (6) the term ``United States parent company'' means a corporation, partnership, or other business association organized under the laws of the United States which is-- (A) the direct investor in a United States economic corporation project as described in paragraph (5)(A)(i), or the sole owner of the investor in a United States economic cooperation project as described in paragraph (5)(A)(ii); or (B) the registrant in the People's Republic of China of a branch office or a representative office as described in paragraph (5)(B)(i), or the sole owner of the registrant of a branch office or representative office as described in paragraph (5)(B)(ii). ____________________ |