[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8922-S8923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996

                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 5083

  Mr. LOTT (for Mr. Lautenberg) proposed an amendment to the bill (H.R. 
2980) to amend title 18, United States Code, with respect to stalking; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC 
                   VIOLENCE.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.
       (b) Unlawful Acts.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence where the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel.'';
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) has been convicted in any court of any crime 
     involving domestic violence where the individual has been 
     represented by counsel or knowingly and intelligently waived 
     the right to counsel,''; and
       (3) in subsection (s)(3)(B)(i), by inserting before the 
     semicolon the following: ``and has not been convicted in any 
     court of any crime involving domestic violence where the 
     individual has been represented by counsel or knowingly and 
     intelligently waived the right to counsel''.
       (c) Rules and Regulations.--Section 926(a) of title 18, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.
                                 ______
                                 

                       COCHRAN AMENDMENT NO. 5084

  Mr. McCONNELL (for Mr. Cochran) proposed an amendment to the bill, 
H.R. 3540, supra; as follows:

       On page 107, line 11, strike ``up to $30,000,000'' and 
     insert in lieu thereof the following: ``$17,500,000''.
                                 ______
                                 

               MCCONNELL (AND OTHERS) AMENDMENT NO. 5085

  Mr. McCONNELL (for himself, Mr. Leahy, and Mr. Lautenberg) proposed 
an amendment to the bill, H.R. 3540, supra; as follows:

       At the appropriate place, insert;


                      MIDDLE EAST DEVELOPMENT BANK

     SEC.     . SHORT TITLE.

       This title may be cited as the ``Bank for Economic 
     Cooperation and Development in the Middle East and North 
     Africa Act''.

     SEC.     . ACCEPTANCE OF MEMBERSHIP.

       The President is hereby authorized to accept membership for 
     the United States in the Bank for Economic Cooperation and 
     Development in the Middle East and North Africa (in this 
     title referred to as the ``Bank'') provided for by the 
     agreement establishing the Bank (in this title referred to as 
     the ``Agreement''), signed on May 31, 1996.

     SEC.     . GOVERNOR AND ALTERNATE GOVERNOR.

       (a) Appointment.--At the inaugural meeting of the Board of 
     Governors of the Bank, the Governor and the alternate for the 
     Governor of the International Bank for Reconstruction and 
     Development, appointed pursuant to section 3 of the Bretton 
     Woods Agreements Act, shall serve ex-officio as a Governor 
     and the alternate for the Governor, respectively, of the 
     Bank. The President, by and with the advice and consent of 
     the Senate, shall appoint a Governor of the Bank and an 
     alternate for the Governor.
       (b) Compensation.--Any person who serves as a Governor of 
     the Bank or as an alternate for the Governor may not receive 
     any salary or other compensation from the United States by 
     reason of such Service.

     SEC.     . APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON 
                   WOODS AGREEMENTS ACT.

       Section 4 of the Bretton Woods Agreements Act shall apply 
     to the Bank in the same manner in which such section applies 
     to the International Bank for Reconstruction and Development 
     and the International Monetary fund.

     SEC.     . FEDERAL RESERVE BANKS AS DEPOSITORIES.

       Any Federal Reserve Bank which is requested to do so by the 
     Bank may act as its depository, or as its fiscal agent, and 
     the Board of Governors of the Federal Reserve System shall 
     exercise general supervision over the carrying out of these 
     functions.

     SEC.   . SUBSCRIPTION OF STOCK.

       (a) Subscription Authority.--
       (1) In general.--The Secretary of the Treasury may 
     subscribe on behalf of the United States to not more than 
     7,011,270 shares of the capital stock of the Bank.
       (2) Effectiveness of subscription commitment.--Any 
     commitment to make such subscription shall be effective only 
     to such extent or in such amounts as are provided for in 
     advance by appropriations Acts.
       (b) Limitations on Authorization of Appropriations.--For 
     payment by the Secretary of the Treasury of the subscription 
     of the United States for shares described in subsection (a), 
     there are authorized to be appropriated $1,050,007,800 
     without fiscal year limitation.
       (c) Limitations on Obligation of Appropriated Amounts for 
     Shares of Capital Stock.--
       (1) Paid-in capital stock.--
       (A) In general.--Not more than $105.000,000 of the amounts 
     appropriated pursuant to subsection (b) may be obligated for 
     subscription to shares of paid-in capital sock.
       (B) Fiscal year 1997.--Not more than $52,500,000 of the 
     amounts appropriated pursuant to subsection (b) for fiscal 
     year 1997 may be obligated for subscription to shares of 
     paid-in capital stock.
       (2) Callable Capital Stock.--Not more than $787,505,852 of 
     the amounts appropriated pursuant to subsection (b) may be 
     obligated for subscription to shares of callable capital 
     stock.
       (d) Disposition of Net Income Distributions by the Bank.--
     Any payment made to the United States by the Bank as a 
     distribution of net income shall be covered into the Treasury 
     as a miscellaneous receipt.

     SEC.   . JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR 
                   AGAINST THE BANK.

       (a) Judisdiction.--The United States district courts shall 
     have original and exclusive jurisdiction of any civil action 
     brought in the United States by or against the Bank.
       (b) Venue.--For purposes of section 1391(b) of title 28, 
     United States Code, the Bank shall be deemed to be a resident 
     of the judicial district in which the principal office of the 
     Bank in the United States, or its agent appointed for the 
     purpose of accepting service or notice of service, is 
     located.

     SEC.   . EFFECTIVENESS OF AGREEMENT.

       The agreement shall have full force and effect in the 
     United States its territories and possessions, and the 
     Commonwealth of Puerto Rico, upon acceptance of membership by 
     the United States in the Bank and the entry into force of the 
     Agreement.

     SEC.   . EXEMPTION FROM SECURITIES LAWS FOR CERTAIN 
                   SECURITIES ISSUED BY THE BANK; REPORTS 
                   REQUIRED.

       (A) Exemption From Securities Laws; Reports to Securities 
     and Exchange Commission.--Any securities issued by the Bank 
     (including any guaranty by the Bank, whether or not limited 
     in scope) in connection with borrowing of funds, or the 
     guarantee of securities as to both principal and interest, 
     shall be deemed to be exempted securities within the meaning 
     of section 3(a)(2) of the Securities Act of 1993 and section 
     3(a)(12) of the Securities Exchange Act of 1934. The Bank 
     shall file with the Securities and Exchange Commission such 
     annual and other reports with regard to such securities as 
     the Commission shall determine to be appropriate in

[[Page S8923]]

     view of the special character of the Bank and its operations 
     and necessary in the public interest or for the protection of 
     investors,
       (b) Authority of Securities and Exchange Commission to 
     Suspend Exemption; Reports to the Congress.--The Securities 
     and Exchange Commission, acting in consultation with such 
     agency or officer as the president shall designate, may 
     suspend the provisions of subsection (a  at any time as to 
     any or all securities issued or guaranteed by the Bank during 
     the period of such suspension. The Commission shall include 
     in its annual reports to the Congress such information as it 
     shall deem advisable with regard to the operations and effect 
     of this section.

     SEC.   . TECHNICAL AMENDMENTS.

       (a) Annual Report Required on Participation of the United 
     States in the Bank.--Section 1701(c)(2) of the International 
     Financial Insituttions Act (22 U.S.C. 262r(c)(2)) is amended 
     by inserting ``Bank for Economic Cooperation and Development 
     in the Middle East and North Africa,'' after ``Inter-American 
     Development Bank''.
       (b) Exemption From Limitations and Restrictions on Power of 
     National Banking Associations to Deal in and Underwrite 
     Investment Securities of the Bank.--The 7th sentence of 
     paragraph 7 of section 5136 of the Revised Statues of the 
     United States (12 U.S.C. 24) is amended by inserting ``Bank 
     for Economic Cooperation and development in the Middle East 
     and North Africa,'' after ``the Inter-American Development 
     Bank.''
       (c) Benefits for United States Citizen-Representatives to 
     the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) 
     is amended by inserting ``the Bank for Economic Cooperation 
     and Development in the Middle East and North Africa,'' after 
     ``the Inter-American Development Bank,''.
       Amend the title so as to read as follows: ``A Bill to 
     authorize United States contributions to the International 
     Development Association and to a capital increase of the 
     African Development Bank, to authorize the participation of 
     the United States in the Bank for Economic Cooperation and 
     development in the Middle East and North Africa, and for 
     other purposes.''
                                 ______
                                 

                        LEAHY AMENDMENT NO. 5086

  Mr. McCONNELL (for Mr. Leahy) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       On page 114, line 24 insert the following before the period 
     at the end thereof: ``: Provided further, That of the funds 
     appropriated under this heading by prior appropriation's 
     Acts, $36,000,000 of unobligated and unearmarked funds shall 
     be transferred to and consolidated with funds appropriated by 
     this Act under the heading ``International Organization's and 
     Programs''.
                                 ______
                                 

                        PELL AMENDMENT NO. 5087

  Mr. McCONNELL (for Mr. Pell) proposed an amendment to the bill, H.R. 
3540, supra; as follows:

       On page 198, between lines 17 and 18, insert the following:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--Congress finds that--
       (1) Environmental Impact Assessments as a national 
     instrument are undertaken for proposed activities that are 
     likely to have a significant adverse impact on the 
     environment and are subject to a decision of a competent 
     national authority;
       (2) in 1978 the Senate adopted Senate Resolution 49, 
     calling on the United States Government to seek the agreement 
     of other governments to a proposed global treaty requiring 
     the preparation of Environmental Impact Assessments for any 
     major project, action, or continuing activity that may be 
     reasonably expected to have a significant adverse effect on 
     the physical environment or environmental interests of 
     another nation or a global commons area;
       (3) subsequent to the adoption of Senate Resolution 49 in 
     1978, the United Nations Environment Programme Governing 
     Council adopted Goals and Principles on Environmental Impact 
     Assessment calling on governments to undertake comprehensive 
     Environmental Impact Assessments in cases in which the 
     extent, nature, or location of a proposed activity is such 
     that the activity is likely to significantly affect the 
     environment; and
       (4) on October 7, 1992, the Senate gave its advice and 
     consent to the Protocol on Environmental Protection to the 
     Antarctic Treaty, which obligates parties to the Antarctic 
     Treaty to require Environmental Impact Assessment procedures 
     for proposed activities in Antarctica.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States Government should encourage the 
     governments of other nations to engage in analysis of 
     activities that may cause adverse impacts on the environment 
     of other nations or a global commons area; and
       (2) such additional analysis can recommend alternatives 
     that will permit such activities to be carried out in 
     environmentally sound ways to avoid or minimize any adverse 
     environmental effects, through requirements for Environmental 
     Impact Assessments where appropriate.
                                 ______
                                 

                       SIMPSON AMENDMENT NO. 5088

  Mr. SIMPSON proposed an amendment to the bill, H.R. 3540, supra; as 
follows:

       On page 196, strike lines 14 through 26.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 5089

  Mr. MURKOWSKI (for himself, Mr. McCain, and Mr. Lieberman) proposed 
an amendment to amendment No. 5078 proposed by Mr. Lieberman to the 
bill, H.R. 3540, supra; as follows:

       On page 2, line 9, of the matter proposed to be inserted, 
     strike ``Fund'' and all that follows to the end period and 
     insert the following: ``Fund: Provided further, That such 
     funds may be obligated to KEDO only if, prior to such 
     obligation of funds, the President certifies and so reports 
     to Congress that (1)(A) the United States is taking steps to 
     assure that progress is made on the implementation of the 
     January 1, 1992, Joint Declaration on the Denuclearization of 
     the Korean Peninsula and the implementation of the North-
     South dialogue, and (B) North Korea is complying with the 
     other provisions of the Agreed Framework between North Korea 
     and the United States and with the Confidential Minute; (2) 
     North Korea is cooperating fully in the canning and safe 
     storage of all spent fuel from its graphite-moderated nuclear 
     reactors and that such canning and safe storage is scheduled 
     to be completed by the end of fiscal year 1997; and (3) North 
     Korea has not significantly diverted assistance provided by 
     the United States for purposes for which such assistance was 
     not intended: Provided further, That the President may waive 
     the certification requirements of the preceding proviso if 
     the President deems it necessary in the vital national 
     security interests of the United States: Provided further, 
     That no funds may be obligated for KEDO until 30 calendar 
     days after the submission to Congress of the waiver permitted 
     under the preceding proviso: Provided further, That before 
     obligating any funds for KEDO, the President shall report to 
     Congress on (1) the cooperation of North Korea in the process 
     of returning to the United States the remains of United 
     States military personnel who are listed as missing in action 
     as a result of the Korean conflict (including conducting 
     joint field activities with the United States); (2) 
     violations of the military armistice agreement of 1953; (3) 
     the actions which the United States is taking and plans to 
     take to assure that North Korea is consistently taking steps 
     to implement the Joint Declaration on Denuclearization of the 
     Korean Peninsula and engage in North-South dialogue; and (4) 
     all instances of non-compliance with the Agreed Framework 
     between North Korea and the United States and the 
     Confidential Minute, including diversion of heavy fuel 
     oil:''.

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