[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[Senate]
[Pages 16600-16601]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 16600]]

                           TEXT OF AMENDMENTS

  SA 1527. Mr. THOMPSON proposed an amendment to the bill S. 149, to 
provide authority to control exports, and for other purposes; as 
follows:

       On page 197, line 15, strike ``substantially inferior'' and 
     insert ``not of comparable quality''.
                                  ____

  SA 1528. Mr. CRAIG (for himself, Mr. Crapo, and Mr. Hatch) submitted 
an amendment intended to be proposed by him to the bill S. 149, to 
provide authority to control exports, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert at the appropriate place the following:

     SEC. XXX. SENSE OF THE SENATE REGARDING THE REPUBLIC OF 
                   KOREA'S IMPROPER BAILOUT OF HYNIX 
                   SEMICONDUCTOR.

       (a) FINDINGS.--Congress finds that--
       (1) the Government of the Republic of Korea over many years 
     has supplied aid to the Korean semiconductor industry 
     enabling that industry to be the Republic of Korea's leading 
     exporter;
       (2) this assistance has occurred through a coordinated 
     series of government programs and policies, consisting of 
     preferential access to credit, low-interest loans, government 
     grants, preferential tax programs, government inducement of 
     private sector loans, tariff reductions, and other measures;
       (3) in December 1997, the United States, the International 
     Monetary Fund (IMF), other foreign government entities, and a 
     group of international financial institutions assembled an 
     unprecedented $58,000,000,000 financial package to prevent 
     the Korean economy from declaring bankruptcy;
       (4) as part of that rescue package, the Republic of Korea 
     agreed to put an end to corporate cronyism, and to overhaul 
     the banking and financial sectors;
       (5) Korea also pledged to permit and require banks to run 
     on market principles, to allow and enable bankruptcies and 
     workouts to occur rather than bailouts, and to end subsidies;
       (6) the Republic of Korea agreed to all of these provisions 
     in the Stand-by Arrangement with the IMF dated December 3, 
     1997;
       (7) section 602 of the Foreign Operations, Export 
     Financing, and Related Agencies Appropriations Act, 1999, as 
     enacted by section 101(d) of Division A of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act 
     (Public Law 105-277; 112 Stat. 2681-220) specified that the 
     United States would not authorize further IMF payments to 
     Korea unless the Secretary of the Treasury certified that the 
     provisions of the IMF Standby Arrangement were adhered to;
       (8) the Secretary of the Treasury certified to Congress on 
     December 11, 1998, and July 2, 1999 that the Stand-by 
     Arrangement was being adhered to, and assured Congress that 
     consultations had been held with the Government of the 
     Republic of Korea in connection with the certifications;
       (9) the Republic of Korea has acceded to the World Trade 
     Organization, and to the Agreement of Subsidies and 
     Countervailing Measures (as defined in section 101(d)(12) of 
     the Uruguay Round Agreements Act);
       (10) the Agreement on Subsidies and Countervailing Measures 
     specifically prohibits export subsidies, and makes actionable 
     other subsidies bestowed upon a specific enterprise that 
     causes adverse effects.
       (11) Hynix Semiconductor is a major exporter of 
     semiconductor products from the Republic of Korea to the 
     United States; and
       (12) the Republic of Korea has now engaged in a massive 
     $5,000,000,000 bailout of Hynix Semiconductor which 
     contravenes the commitments the Government of the Republic of 
     Korea made to the IMF, the World Trade Organization and in 
     other agreements, and the understandings and certifications 
     made to Congress under the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999:
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) The Secretary of the Treasury, the Secretary of 
     Commerce, and the United States Trade Representative should 
     forthwith request consultations with the Republic of Korea 
     under Article 4 and Article 7 of the Agreement on Subsidies 
     and Countervailing Measures of the World Trade Organization, 
     and take immediately such other actions as are necessary to 
     assure that the improper bailout by the Republic of Korea is 
     stopped, and its effects fully offset or reversed;
       (2) the relationship between the United States and Republic 
     of Korea has been and will continue to be harmed 
     significantly by the bailout of a major exporter of products 
     from Korea to the United States;
       (3) the Republic of Korea should end immediately the 
     bailout of Hynix Semiconductor;
       (4) the Republic of Korea should comply immediately with 
     its commitments to the IMF, with its trade agreements, and 
     with the assurances it made to the Secretary of the Treasury; 
     and
       (5) the United States Trade Representative and the 
     Secretary of Commerce should monitor and report to Congress 
     on steps that have been taken to end this bailout and reverse 
     its effects.
                                  ____

  SA 1529. Mr. KYL proposed an amendment to the bill S. 149, to provide 
authority to control exports, and for other purposes; as follows:
       On page 296, strike line 1 through line 7 and insert the 
     following:
       ``(3) REFUSAL BY COUNTRY.--If the country in which the end-
     user is located refuses to allow post-shipment verification 
     of a controlled item, the Secretary may deny a license for 
     the export of that item, any substantially identical or 
     directly competitive item or class of items, any item that 
     the Secretary determines to be of equal or greater 
     sensitivity than the controlled item, or any controlled item 
     for which a determination has not been made pursuant to 
     section 211 to all end-users in that country until such post-
     shipment verification is allowed.''
                                  ____

  SA 1530. Mr. SARBANES (for himself, Mr. Gramm, Mr. Enzi, and Mr. 
Johnson) proposed an amendment to the bill S. 149, to provide authority 
to control exports, and for other purposes; as follows:

       On page 193, line 10, strike ``party'' and insert 
     ``person''.
       On page 193, line 16, strike ``party'' and insert 
     ``person''.
       On page 205, line 7, after ``competition'' insert ``, 
     including imports of manufactures goods''.
       On page 222, line 6, strike ``Crime'' and insert ``In order 
     to promote respect for fundamental human rights, crime''.
       On page 223, line 3, strike ``The'' and insert ``Except as 
     herein provided, the''.
       On page 223, line 9, after the period, insert the 
     following: ``The provisions of subsection (a) shall apply 
     with respect to exports of any of the items identified in 
     subsection (c).''.
       On page 223, between lines 9 and 10, insert the following:
       (c) Report.--Notwithstanding the provisions of section 602 
     or any other confidentiality requirements, the Secretary 
     shall include in the annual report submitted to Congress 
     pursuant to section 701 a report describing the aggregate 
     number of licenses approved during the preceding calendar 
     year for the export of any items listed in the following 
     paragraphs identified by country and control list number:
       (1) Serrated thumbcuffs, leg irons, thumbscrews, and 
     electro-shock stun belts.
       (2) Leg cuffs, thumbcuffs, shackle boards, restraint 
     chairs, straitjackets, and plastic handcuffs.
       (3) Stun guns, shock batons, electric cattle prods, 
     immobilization guns and projectiles, other than equipment 
     used exclusively to treat or tranquilize animals and arms 
     designed solely for signal, flare, or saluting use.
       (4) Technology exclusively for the development or 
     production of electro-shock devices.
       (5) Pepper gas weapons and saps.
       (6) Any other item or technology the Secretary determines 
     is a specially designed instrument of torture or is 
     especially susceptible to abuse as an instrument of torture.
       On page 226, line 8, insert ``and'' after ``title;''.
       On page 226, strike lines 9 through 22 and insert the 
     following:
       (ii) upon receipt of completed application--

       (I) ensure that the classification stated on the 
     application for the export items is correct;
       (II) refer the application, through the use of a common 
     data-base or other means, and all information submitted by 
     the applicant, and all necessary recommendations and analyses 
     by the Secretary to the Secretary of Defense, the Secretary 
     of State, and the heads of any other departments and agencies 
     the Secretary considers appropriate; or
       (III) return the application if a license is not required.

       On page 296, line 13, strike ``parties'' and insert 
     ``persons''.
       On page 296, line 11, after ``necessary'' insert ``, to be 
     available until expended,''.
       On page 296, line 20, after ``necessary'' insert ``, to be 
     available until expended,''.
       On page 297, line 20, after ``$5,000,000'' insert ``, to be 
     available until expended,''.
       On page 298, line 12, after ``necessary'' insert ``, to be 
     available until expended,''.
       On page 300, line 12, after ``$2,000,000'' insert ``, to be 
     available until expended,''.
       On page 300, line 14, after ``$2,000,000'' insert ``, to be 
     available until expended,''.
       On page 311, strike lines 2 though 4 and insert the 
     following: ``other export authorization (or recordkeeping or 
     reporting requirements), enforcement activity, or other 
     operations under the Export Administration Act of 1979, under 
     this Act, or under the Export''.
       On page 311, line 14, insert ``by an employee or officer of 
     the Department of Commerce'' after ``investigation''.
       On page 315, strike lines 6 through 10 and insert the 
     following: (1), except that no civil penalty may be imposed 
     on an officer or employee of the United States, or any 
     department or agency thereof, without the concurrence of the 
     department or agency employing such officer or employee. 
     Sections 503 (e),

[[Page 16601]]

     (g), (h), and (i) and 507 (a), (b), and (c) shall apply to 
     actions to impose civil penalties under this paragraph. At 
     the request of the Secretary, a department or agency 
     employing an officer or employee found to have violated 
     paragraph (1) shall deny that officer or employee access to 
     information exempt from disclosure under this section. Any 
     officer or employee who commits a violation of paragraph (1) 
     may also be removed from office or employment by the 
     employing agency.
       On page 315, line 11, insert the following:

     SEC. 603. AGRICULTURAL COMMODITIES, MEDICINE, MEDICAL 
                   DEVICES.

       (a) Applicability of Trade Sanctions Reform and Export 
     Enhancement Act of 2000.--Nothing in this Act authorizes the 
     exercise of authority contrary to the provisions of the Trade 
     Sanctions Reform and Export Enhancement Act of 2000 (Public 
     Law 106-387; 114 Stat. 1549, 549A-45) applicable to exports 
     of agricultural commodities, medicine, or medical devices.
       (b) Title II Limitation.--Title II does not authorize 
     export controls on food.
       (c) Title III Limitation.--Except as set forth in section 
     906 of the Trade Sanctions Reform and Export Enhancement Act 
     of 2000, title III does not authorize export controls on 
     agricultural commodities, medicine, or medical devices unless 
     the procedures set forth in section 903 of such Act are 
     complied with.
       (d) Definition.--In this section, the term ``food'' has the 
     same meaning as that term has under section 201(f) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).

                           *   *   *   *   *

       On page 324, strike lines 1 through 4 and redesignate 
     paragraphs (14) and (15) accordingly.
       Beginning on page 324, line 21, strike all through page 
     325, line 5, and insert the following:
       (j) Civil Aircraft Equipment.--Notwithstanding any other 
     provision of law, any product that is standard equipment, 
     certified by the Federal Aviation Administration, in civil 
     aircraft, and is an integral part of such aircraft, shall be 
     subject to export control only under this Act. Any such 
     product shall not be subject to controls under section 
     38(b)(2) of the Arms Export Control Act (22 U.S.C. 2778(b)).
       On page 325, between lines 5 and 6, insert the following:
       (k) Civil Aircraft Safety.--Notwithstanding any other 
     provision of law, the Secretary may authorize, on a case-by-
     case basis, exports and reexports of civil aircraft equipment 
     and technology that are necessary for compliance with flight 
     safety requirements for commercial passenger aircraft. Flight 
     safety requirements are defined as airworthiness directives 
     issued by the Federal Aviation Administration (FAA) or 
     equipment manufacturers' maintenance instructions or 
     bulletins approved or accepted by the FAA for the continued 
     airworthiness of the manufacturers' products.
       On page 325, line 6, strike ``(k)'' and insert ``(l)''.
                                  ____

  SA 1531. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2500, making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 35, line 8, after the semicolon insert the 
     following: ``of which $500,000 shall be available for the 
     Learning for Life Program conducted by the Boy Scouts of the 
     National Capital Area;''.
                                  ____

  SA 1532. Mr. REID (for Mr. Lott) proposed an amendment to the bill 
H.R. 1885, to expand the class of beneficiaries who may apply for 
adjustment of status under section 245(i) of the Immigration and 
Nationality Act by extending the deadline for classification petition 
and labor certification filings, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Section 245(i) Extension Act 
     of 2001''.

     SEC. 2. EXTENSION OF DEADLINE.

       (a) In General.--Section 245(i)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(i)(1)) is amended--
       (1) is subparagraph (B)--
       (A) in clause (i), by striking ``on or before April 30, 
     2001; or'' and inserting ``on or before the earlier of April 
     30, 2002, and the date that is 120 days after the date on 
     which the Attorney General first promulgates final or interim 
     final regulations to carry out the Section 245(i) Extension 
     Act of 2001; or''; and
       (B) in clause (ii), by striking ``on or before such date; 
     and'' and inserting ``on or before the earlier date described 
     in clause (i);'';
       (2) in subparagraph (C), by adding ``and'' at the end; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) who, in the case of a beneficiary of a petition for 
     classification, or an application for labor certification, 
     described in subparagraph (B) that was filed after April 30, 
     2001, demonstrates that the familial relationship existed 
     before August 15, 2001, or the application for labor 
     certification that is the basis of such petition for 
     classification was filed before August 15, 2001;''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Legal Immigration Family Equity Act (114 Stat. 2762A-345), as 
     enacted into law by section 1(a)(2) of Public Law 106-553.

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