[Congressional Record Volume 145, Number 150 (Friday, October 29, 1999)]
[Senate]
[Pages S13571-S13573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                   AFRICAN GROWTH AND OPPORTUNITY ACT

                                 ______
                                 

                       DeWINE AMENDMENT NO. 2413

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed to 
amendment No. 2398 submitted by him to the bill (H.R. 434) to authorize 
a new trade and investment policy for sub-Sahara Africa; as follows:

       On page 4, line 5, of the matter proposed to be inserted, 
     strike all through line 13 and insert the following:
       ``(E) Retaliation list.--The term `retaliation list' means 
     the list of products of a foreign country or countries that 
     have failed to comply with the report of the panel or 
     Appellate Body of the WTO and with respect to which the Trade 
     Representative is imposing duties above the level that would 
     otherwise be imposed under the Harmonized Tariff Schedule of 
     the United States.
       ``(F) Failure to implement wto dispute resolutions.--The 
     Trade Representative shall include on the retaliation list 
     and on any revised lists reciprocal goods, of the industries 
     affected by the failure of the foreign country or countries 
     to implement the recommendation made pursuant to a dispute 
     settlement proceeding under the World Trading Organization 
     except in cases where existing retaliation and its 
     corresponding preliminary retaliation list do not already 
     meet this requirement.''.
                                 ______
                                 

                        MACK AMENDMENT NO. 2414

  (Ordered to lie on the table.)
  Mr. MACK submitted an amendment intended to be proposed by him to 
amendment No. 2361 submitted by Mr. Conrad to the bill, H.R. 434, 
supra; as follows:

       At the appropriate place in the amendment insert the 
     following:

     SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Short Title.--This Act may be cited as the ``Justice 
     for Victims of Terrorism Act''.
       (b) Definition.--
       (1) In general.--Section 1603(b) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3) by striking the period and inserting a 
     semicolon and ``and'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) by striking ``(b)'' through ``entity--'' and inserting 
     the following:
       ``(b) An `agency or instrumentality of a foreign state' 
     means--
       ``(1) any entity--''; and
       (D) by adding at the end the following:
       ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) 
     and (f), any entity as defined under subparagraphs (A) and 
     (B) of paragraph (1), and subparagraph (C) of paragraph (1) 
     shall not apply.''.
       (2) Technical and conforming amendment.--Section 1391(f)(3) 
     of title 28, United States Code, is amended by striking 
     ``1603(b)'' and inserting ``1603(b)(1)''.
       (c) Enforcement of Judgments.--Section 1610(f) of title 28, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``(including any agency 
     or instrumentality or such state)'' and inserting 
     ``(including any

[[Page S13572]]

     agency or instrumentality of such state)''; and
       (B) by adding at the end the following:
       ``(C) Notwithstanding any other provision of law, moneys 
     due from or payable by the United States (including any 
     agency, subdivision or instrumentality thereof) to any state 
     against which a judgment is pending under section 1605(a)(7) 
     shall be subject to attachment and execution, in like manner 
     and to the same extent as if the United States were a private 
     person.''; and
       (2) by adding at the end the following:
       ``(3)(A) Subject to subparagraph (B), upon determining on 
     an asset-by-asset basis that a waiver is necessary in the 
     national security interest, the President may waive this 
     subsection in connection with (and prior to the enforcement 
     of) any judicial order directing attachment in aid of 
     execution or execution against the premises of a foreign 
     diplomatic mission to the United States, or any funds held by 
     or in the name of such foreign diplomatic mission determined 
     by the President to be necessary to satisfy actual operating 
     expenses of such foreign diplomatic mission.
       ``(B) A waiver under this paragraph shall not apply to--
       ``(i) if the premises of a foreign diplomatic mission has 
     been used for any nondiplomatic purpose (including use as 
     rental property), the proceeds of such use; or
       ``(ii) if any asset of a foreign diplomatic mission is sold 
     or otherwise transferred for value to a third party, the 
     proceeds of such sale or transfer.
       ``(4) For purposes of this subsection, all assets of any 
     agency or instrumentality of a foreign state shall be treated 
     as assets of that foreign state.''.
       (d) Technical and Conforming Amendment.--Section 117(d) of 
     the Treasury Department Appropriations Act, 1999 (Public Law 
     105-277; 112 Stat. 2681-492) is repealed.
       (e) Effective Date.--The amendments made by this section 
     shall apply to any claim for which a foreign state is not 
     immune under section 1605(a)(7) of title 28, United States 
     Code, arising before, on, or after the date of enactment of 
     this Act.
                                 ______
                                 

                        MACK AMENDMENT NO. 2415

  (Ordered to lie on the table.)
  Mr. MACK submitted an amendment intended to be proposed by him to 
amendment No. 2401 submitted by Mr. Ashcroft to the bill, H.R. 434, 
supra; as follows:

       At the appropriate place insert the following:

     SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Short Title.--This Act may be cited as the ``Justice 
     for Victims of Terrorism Act''.
       (b) Definition.--
       (1) In general.--Section 1603(b) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3) by striking the period and inserting a 
     semicolon and ``and'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) by striking ``(b)'' through ``entity--'' and inserting 
     the following:
       ``(b) An `agency or instrumentality of a foreign state' 
     means--
       ``(1) any entity--''; and
       (D) by adding at the end the following:
       ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) 
     and (f), any entity as defined under subparagraphs (A) and 
     (B) of paragraph (1), and subparagraph (C) of paragraph (1) 
     shall not apply.''.
       (2) Technical and conforming amendment.--Section 1391(f)(3) 
     of title 28, United States Code, is amended by striking 
     ``1603(b)'' and inserting ``1603(b)(1)''.
       (c) Enforcement of Judgments.--Section 1610(f) of title 28, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``(including any agency 
     or instrumentality or such state)'' and inserting 
     ``(including any agency or instrumentality of such state)''; 
     and
       (B) by adding at the end the following:
       ``(C) Notwithstanding any other provision of law, moneys 
     due from or payable by the United States (including any 
     agency, subdivision or instrumentality thereof) to any state 
     against which a judgment is pending under section 1605(a)(7) 
     shall be subject to attachment and execution, in like manner 
     and to the same extent as if the United States were a private 
     person.''; and
       (2) by adding at the end the following:
       ``(3)(A) Subject to subparagraph (B), upon determining on 
     an asset-by-asset basis that a waiver is necessary in the 
     national security interest, the President may waive this 
     subsection in connection with (and prior to the enforcement 
     of) any judicial order directing attachment in aid of 
     execution or execution against the premises of a foreign 
     diplomatic mission to the United States, or any funds held by 
     or in the name of such foreign diplomatic mission determined 
     by the President to be necessary to satisfy actual operating 
     expenses of such foreign diplomatic mission.
       ``(B) A waiver under this paragraph shall not apply to--
       ``(i) if the premises of a foreign diplomatic mission has 
     been used for any nondiplomatic purpose (including use as 
     rental property), the proceeds of such use; or
       ``(ii) if any asset of a foreign diplomatic mission is sold 
     or otherwise transferred for value to a third party, the 
     proceeds of such sale or transfer.
       ``(4) For purposes of this subsection, all assets of any 
     agency or instrumentality of a foreign state shall be treated 
     as assets of that foreign state.''.
       (d) Technical and Conforming Amendment.--Section 117(d) of 
     the Treasury Department Appropriations Act, 1999 (Public Law 
     105-277; 112 Stat. 2681-492) is repealed.
       (e) Effective Date.--The amendments made by this section 
     shall apply to any claim for which a foreign state is not 
     immune under section 1605(a)(7) of title 28, United States 
     Code, arising before, on, or after the date of enactment of 
     this Act.
                                 ______
                                 

                   HOLLINGS AMENDMENTS NOS. 2416-2424

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted nine amendments intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2416

       At the appropriate place insert the following:

     SEC.  . TERMINATION OF BENEFITS IF DOMESTIC INDUSTRY SUFFERS.

       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if the Bureau of 
     Labor Statistics determines that United States textile and 
     apparel industries have lost 50,000 or more jobs at any time 
     during the first 24 months after the date of enactment of 
     this Act.
       This section shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2417

       At the appropriate place insert the following:

     SEC.  . ENVIRONMENTAL AGREEMENT REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until--
       (1) the President has negotiated with that country a side 
     agreement concerning the environment, similar to the Border 
     Environment Cooperation Agreement (as defined in section 
     533(c)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 
     3473(c)(1)); and
       (2) submitted that agreement to the Congress.
       This section shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2418

       At the appropriate place insert the following:

     SEC.  . RECIPROCAL TRADE AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated, obtained, and implemented an agreement with that 
     country providing tariff concessions for the importation of 
     United States-made goods that reduces any such import tariffs 
     to a rate that is within 20 percent of the rates applicable 
     to Mexico under the North American Free Trade Agreement for 
     imports of United States-made goods.
       This amendment shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2419

       At the appropriate place insert the following:

     SEC.  . LABOR AND ENVIRONMENTAL AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated with that country a side agreement concerning--
       (1) labor standards similar to the North American Agreement 
     on Labor Cooperation (as defined in section 532(b)(2) of the 
     Trade Agreements Act of 1979 (19 U.S.C. 3471(b)(2)), and
       (2) the environment similar to the Border Environment 
     Cooperation Agreement (as defined in section 533(c)(1) of the 
     Trade Agreements Act of 1979 (19 U.S.C. 3473(c)(1)), and 
     submitted those agreements to the Congress.
       This section shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2420

       Strike all after the first word and insert the following:

     SEC.  . MINIMUM WAGE.

       (a) Increase.--Paragraph (1) of section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
     to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.65 an hour during the year beginning on November 
     1, 2000; and
       ``(B) $6.15 an hour beginning on January 1, 2001;''.
       (b) Application to Commonwealth of the Northern Mariana 
     Islands.--The provisions of section 6 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206) shall apply to the 
     Commonwealth of the Northern Mariana Islands.
                                  ____


                           Amendment No. 2421

       At the appropriate place insert the following:

     SEC.  . MINIMUM WAGE REQUIREMENT.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country unless the President 
     determines that--

[[Page S13573]]

       (1) the country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than $1 per hour; 
     and
       (2) the goods imported from that country that are eligible 
     for such benefits are produced in accordance with that law.
       This section shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2422

       Strike all after the first word and insert the following:

     SEC.  . MINIMUM WAGE.

       (a) Increase.--Paragraph (1) of section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
     to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.65 an hour during the year beginning on January 1, 
     2000; and
       ``(B) $6.15 an hour beginning on January 1, 2001;''.
       (b) Application to Commonwealth of the Northern Mariana 
     Islands.--The provisions of section 6 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206) shall apply to the 
     Commonwealth of the Northern Mariana Islands.
                                  ____


                           Amendment No. 2423

       At the appropriate place insert the following:

     SEC.  . LABOR AGREEMENT REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not become available to any country until--
       (1) the President has negotiated with that country a side 
     agreement concerning labor standards, similar to the North 
     American Agreement on Labor Cooperation (as defined in 
     section 532(b)(2) of the Trade Agreements Act of 1979 (19 
     U.S.C. 3471(b)(2)); and
       (2) submitted that agreement to the Congress.
       This section shall become effective one day after 
     enactment.
                                  ____


                           Amendment No. 2424

       At the appropriate place insert the following:

     SEC.  . CHILD LABOR LAW REQUIREMENT.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country unless the President 
     determines that--
       (1) the country prohibits by law the employment of children 
     under the age of 14 in the manufacture and production of 
     goods; and
       (2) no goods exported from that country to the United 
     States produced in violation of that law received those 
     benefits.
       This section shall become effective one day after 
     enactment.
                                 ______
                                 

                        HELMS AMENDMENT NO. 2425

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 2401 submitted by Mr. Ashcroft to the bill, H.R. 434, 
supra; as follows:

       Strike section 2(a)(1) and insert the following:
       (1) Agricultural commodity.--
       (A) In general.--The term ``agricultural commodity'' has 
     the meaning given that term in section 402(2) of the 
     Agricultural Trade Development and Assistance Act of 1954 (7 
     U.S.C. 1732(2)).
       (B) Exclusion.--The term does not include any pesticide, 
     fertilizer, or agricultural machinery or equipment.
       Strike section 2(c)(1) and insert the following:
       (1) against a foreign country with respect to which--
       (A) Congress has declared war or enacted a law containing 
     specific authorization for the use of force;
       (B) the United States is involved in ongoing hostilities; 
     or
       (C) the President has proclaimed a state of national 
     emergency; or
       At the end of section 2(c)(2)(C), add the following:
       (C) used or could be used to facilitate the development or 
     production of a chemical or biological weapon or weapons of 
     mass destruction.
       Strike section (2)(d) and insert the following:
       (d) Countries Supporting International Terrorism.--This 
     section shall not affect the prohibitions in effect on the 
     date of enactment of this Act under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371), on 
     providing, to the government, or a corporation, partnership, 
     or entity owned or controlled by the government, of any 
     country supporting international terrorism, United States 
     Government assistance, including United States foreign 
     assistance, United States export assistance, or any United 
     States credits or credit guarantees.
                                 ______
                                 

                        HELMS AMENDMENT NO. 2426

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 2361 submitted by Mr. Conrad to the bill, H.R. 434, 
supra; as follows:

       Strike section 2(a)(1) and insert the following:
       (1) Agricultural commodity.--
       (A) In general.--The term ``agricultural commodity'' has 
     the meaning given that term in section 402(2) of the 
     Agricultural Trade Development and Assistance Act of 1954 (7 
     U.S.C. 1732(2)).
       (B) Exclusion.--The term does not include any pesticide, 
     fertilizer, or agricultural machinery or equipment.
       Strike section 2(c)(1) and insert the following:
       (1) against a foreign country with respect to which--
       (A) Congress has declared war or enacted a law containing 
     specific authorization for the use of force;
       (B) the United States is involved in ongoing hostilities; 
     or
       (C) the President has proclaimed a state of national 
     emergency; or
       At the end of section 2(c)(2)(C), add the following:
       (C) used or could be used to facilitate the development or 
     production of a chemical or biological weapon or weapons of 
     mass destruction.
       Strike section (2)(d) and insert the following:
       (d) Countries Supporting International Terrorism.--This 
     section shall not affect the prohibitions in effect on the 
     date of enactment of this Act under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371), on 
     providing, to the government, or a corporation, partnership, 
     or entity owned or controlled by the government, of any 
     country supporting international terrorism, United States 
     Government assistance, including United States foreign 
     assistance, United States export assistance, or any United 
     States credits or credit guarantees.

                          ____________________