Senate the Senate Met at 9:30 A.M

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, THURSDAY, MAY 13, 1999 No. 69 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING Hollings amendment No. 328, to called to order by the President pro MAJORITY LEADER amend the Communications Act of 1934 tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The to require that the broadcast of violent The PRESIDENT pro tempore. To- able chairman of the Judiciary Com- video programming be limited to hours day’s prayer will be offered by our mittee is recognized. when children are not reasonably like- guest Chaplain, Pastor Lonnie Shull, Mr. HATCH. I thank the Chair. ly to comprise a substantial portion of First Baptist Church, West Columbia, f the audience. SC. SCHEDULE Mr. President, I ask unanimous con- We are very pleased to have you with Mr. HATCH. This morning the Sen- sent to add Senator MCCAIN as a co- us. ate will resume consideration of the ju- sponsor of the Hatch-Leahy amend- venile justice legislation. Pending is ment. the Hatch-Leahy amendment with a The PRESIDING OFFICER. Without PRAYER vote to take place at approximately objection, it is so ordered. 9:40 a.m. Following the disposition of Mr. HATCH. I suggest the absence of The guest Chaplain, Pastor Lonnie a quorum. Shull, First Baptist Church, West Co- the Hatch-Leahy amendment, Senator HOLLINGS will resume debate of his tel- The PRESIDING OFFICER. The lumbia, SC, offered the following pray- clerk will call the roll. er: evision violence amendment with 2 hours of debate remaining on the The legislative assistant proceeded God be merciful to us, and bless us; amendment, with the time for a vote to to call the roll. cause Your face to shine upon us.— be determined. It is hoped that signifi- Mr. LEAHY. Mr. President, I ask Psalm 67:1. Gracious Father, we praise cant progress can continue to be made unanimous consent that the order for You today. You have blessed America, on this important legislation. There- the quorum call be rescinded. and we are so thankful. You have made fore, Senators can expect votes The PRESIDING OFFICER. Without us the greatest Nation on Earth. Ac- throughout today’s session of the Sen- objection, it is so ordered. cept, O Father, our sincere gratitude. ate. Mr. LEAHY. Mr. President, I ask May we be a gracious demonstration of I thank my colleagues for their at- unanimous consent to have my full 5 the freedom and opportunity, right- tention. minutes as previously reserved. eousness and justice, You desire for all The PRESIDING OFFICER. Is there nations. f objection? Without objection, it is so I pray that You will empower our RESERVATION OF LEADER TIME ordered. Senators with Your wisdom. Give The PRESIDING OFFICER (Mr. Mr. LEAHY. Mr. President, the them, I pray, a divine vision for the CRAPO). Under the previous order, the Hatch-Leahy amendment is a good one. United States of America. May they be leadership time is reserved. I hope everybody will support it. I have given double portions of courage, hon- f talked for years about empowering esty, and humility as Your dedicated users of the Internet to control and VIOLENT AND REPEAT JUVENILE limit access to material they did not servants. Save us, I pray, from the en- OFFENDER ACCOUNTABILITY emies who would destroy us. Deliver us want to see and that could be found on AND REHABILITATION ACT OF line. This could be any type of mate- from internal strife, selfish arrogance, 1999 and moral disintegration. rial. Parents may not want their chil- The PRESIDING OFFICER. The Sen- dren buying things. There may be ob- Today, we especially pray for those ate will now resume consideration of S. scene material. It could be types of who serve this Nation in our Armed 254 which the clerk will report. sites parents are against. Forces overseas. Keep them safe in The legislative assistant read as fol- We also know there is a lot of amaz- Your loving care and bring them safely lows: ing and wonderful material on the back to their homeland soon. Help us A bill (S. 254) to reduce violent juvenile Internet. While I oppose efforts in Con- to reach out in love to our fellow citi- crime, promote accountability by rehabilita- gress to regulate content of the Inter- zens whose lives have been devastated tion of juvenile individuals, punish and deter net, I do want to make sure children by violence and by storms. violent gang crimes, and for other purposes. can be protected, that parents have the O God, please bless America and keep Pending: ability to do that, and this gives them her true as You have kept her free. We Hatch-Leahy amendment No. 335, re- a chance to do it. ask these things in the name and the lating to the availability of Internet I have always believed the power to authority of the Prince of peace. Amen. filtering and screening software. control what people see belongs to the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5193

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5194 CONGRESSIONAL RECORD — SENATE May 13, 1999 users and the parents, not the Govern- Mr. HATCH. Mr. President, I strongly Chafee Hatch Murray ment. The amendment the chairman urge my colleagues to support this Cleland Helms Nickles Cochran Hollings Reed and I offer requires large on-line serv- Hatch-Leahy amendment, which is Collins Hutchinson Reid ice providers to offer their subscribers aimed at limiting the negative impact Conrad Hutchison Robb filtering software and systems to stop violence and indecent material on the Coverdell Inhofe Roberts Craig Inouye objectionable materials from reaching Internet have on children. Rockefeller Crapo Jeffords Roth Daschle Johnson their computer screens. I am sup- As I noted last evening, this amend- Santorum DeWine Kennedy portive of voluntary industry efforts to ment does not regulate the content. In- Sarbanes Dodd Kerrey come together and provide Internet stead, it encourages the larger Internet Domenici Kerry Schumer users with one-click-away information service providers, the ISPs, if you will, Dorgan Kohl Sessions resources on how to protect children to provide, either for free or at a fee Durbin Kyl Shelby Smith (NH) when they go on line. Senator CAMP- not exceeding the cost to the service Edwards Landrieu Enzi Lautenberg Smith (OR) BELL and I joined Vice President Gore providers, filtering technologies that Feingold Leahy Snowe at the White House last week to hear will empower parents to limit or block Feinstein Levin Specter about this one-click-away amendment. the access of minors to unsuitable ma- Fitzgerald Lieberman Stevens Our amendment helps promote the use terials on the Internet. We simply can- Frist Lincoln Thomas Gorton Lott Thompson of filtering technologies. It is better not ignore the fact that the Internet Graham Lugar Thurmond than Government censorship. It is a has the ability to expose children to Gramm Mack Torricelli fall-back provision, if the companies do violent, sexually explicit, and other in- Grams McCain Voinovich Grassley McConnell not do it themselves. appropriate materials with no limits. Warner Gregg Mikulski Wellstone Hagel f A recent Time/CNN poll found that 75 Moynihan Wyden percent of teenagers from 13 to 17 be- Harkin Murkowski NOTE FROM SENATOR SASSER lieve the Internet is partly responsible The amendment (No. 335) was agreed Mr. LEAHY. Mr. President, I wonder for the crimes that occurred in Little- to. if my distinguished friend from Utah ton, CO, at Columbine High School. Mr. LEAHY. Mr. President, I move to will indulge me. I ask unanimous con- The amendment respects the first reconsider the vote. sent for 1 minute to read a note that I amendment of the Constitution by not Mr. HATCH. I move to lay that mo- just received from our former col- regulating content but ensures that tion on the table. league, Senator Sasser. parents will have the adequate techno- The motion to lay on the table was The PRESIDING OFFICER. Without logical tools to control access of their agreed to. objection, it is so ordered. children to unsuitable material on the The PRESIDING OFFICER (Mr. Mr. LEAHY. Mr. President, many of Internet. SANTORUM). Under the previous order, us served here with Jim Sasser, the I honestly believe that the Internet the Senator from Nevada, Mr. BRYAN, very distinguished former chairman of service providers that do not already is recognized for up to 12 minutes for a the Budget Committee, now our Am- provide filtering software to their sub- morning business statement. bassador to China at a very difficult scribers will do so voluntarily. They The Senator from Nevada. time. will know it is in their best interests, We have seen the photographs of Am- and I believe the market will demand f bassador Sasser under siege in the Chi- it. nese Embassy. I faxed him a note the A recent survey reported in the New DANGERS OF NUCLEAR WASTE other day, saying how proud I was, and York Times yesterday found that al- TRANSPORTATION I mentioned the comments of many most a third of on-line American Mr. BRYAN. Mr. President, next Senators saying how proud they were, households with children use blocking Sunday and Monday, NBC is scheduled of his grace under fire and the fact that software. to air a miniseries entitled ‘‘Atomic he would not leave the American Em- In a study by the Annenberg Public Train.’’ The plot of this movie includes bassy that is under siege. When there Policy Center of the University of a runaway train carrying nuclear were Embassy staff there, in the true Pennsylvania, 60 percent of parents weapons and high-level nuclear waste and best tradition of the State Depart- said they disagreed with the statement causing a massive accident and catas- ment and the Senate and the Marine that the Internet was a safe place for trophe in Denver. Corps and everything else, he said he their children. According to yester- The movie is obviously fiction. Let would stay until it was safe. So I faxed day’s New York Times, after the shoot- me just tell you how the network ini- him this note. ings in Colorado, the demand for fil- tially described the scenario: This morning I got back this note tering technologies has dramatically A runaway train carrying armed nuclear from him, and I will read it for my col- increased. This indicates that parents leagues. It is handwritten. It says: weapons and deadly nuclear waste suddenly are taking an active role in safe- careens out of control down the Rocky Dear Pat: My sincere thanks for your won- guarding their children on the Inter- Mountains. derful note. Please tell all my former col- net. That is what this amendment is All of this made the nuclear power leagues that Mary and I are well and safe. all about—using technology to em- Things have stabilized after a turbulent few industry very nervous, because al- days. Last night I got a good night’s sleep in power parents. though the scenario is fictional, much a real bed. All the best, Jim. I urge my colleagues to support the of what is depicted, in part, is a sce- amendment, and I yield the floor and I just wanted everybody to hear that. nario that is entirely possible, given hope we can go to a vote. I thank my friend from Utah. the proposed legislation I will describe The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under that this Congress is considering. ator from Utah. the previous order, the question is on Earlier this week, just days before Mr. HATCH. I am glad my friend agreeing to amendment No. 335. The this was to air, all of a sudden NBC from Vermont read that letter. I vis- yeas and nays have been ordered. The changes the story line of the television ited with Senator Sasser a couple of clerk will call the roll. miniseries, and now we have: years ago over there. He is doing a very The legislative clerk called the roll. A runaway train carrying a Russian atom- good job in China. The result was announced—yeas 100, ic weapon and hazardous materials, suddenly nays 0, as follows: careening out of control. f [Rollcall Vote No. 113 Leg.] All reference to high-level nuclear VIOLENT AND REPEAT JUVENILE YEAS—100 waste is dropped. The Nuclear Energy OFFENDER ACCOUNTABILITY Abraham Bennett Brownback Institute, which is the lobbying arm of AND REHABILITATION ACT OF Akaka Biden Bryan the atomic energy lobby, was forced to 1999 Allard Bingaman Bunning go into high gear. They sent out what Ashcroft Bond Burns The Senate continued with the con- Baucus Boxer Byrd they called an ‘‘Info Wire.’’ They were sideration of the bill. Bayh Breaux Campbell very concerned. They say, in effect:

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5195 NEI, in consultation with industry commu- I think this is a very dangerous pro- cans with this ill-conceived and unnec- nicators and representatives of the U.S. De- posal. I think the fact the network essary plan to ship nuclear waste to a partment of Energy and the American Asso- would cave in is equally dangerous, be- temporary nuclear waste facility in my ciation of Railroads, has adopted a contain- cause the American people have a right own State, at least this movie would ment strategy for the upcoming movie. We do not want to do anything to provide addi- to know what is being proposed. In Ne- have made the public aware that high- tional publicity for this movie prior to the vada, we understand the risk. Sadly, level nuclear waste is dangerous, to use airing. The containment strategy is not a there are hundreds of millions of Amer- the description NBC initially gave; passive one, in that it envisions an aggres- icans in this country who are not fa- that it was indeed going to pass sive effort prior to the broadcast. miliar with the nuclear industry’s pro- through major cities such as Denver; It is the belief of this Senator that posal to make their backyards the cor- and that indeed the health and safety indeed it was a very aggressive effort, ridor by which high-level nuclear waste of citizens of those communities and and the Nuclear Energy Institute put is to pass. many others across the country could pressure on the network to drop all ref- I must say, with tongue in cheek, if be compromised. erences to dangerous high-level nuclear this is to be the standard, one might Mr. President, I yield the floor and waste. The last thing this industry contemplate that the cruise line indus- the remainder of my time. wants the American people to under- try might have put pressure upon the f producers of ‘‘Titanic’’: Please do not stand is that legislation which has VIOLENT AND REPEAT JUVENILE make any reference to the fact that the been supported in previous Congresses, OFFENDER ACCOUNTABILITY ship is sinking. This may be bad for and in this Congress, would result in AND REHABILITATION ACT OF business. Or the producers of ‘‘Planet the shipment of 77,000 metric tons of 1999 high-level nuclear waste within a mile Of The Apes’’ might have been sub- or less of a total population of 50 mil- jected to pressure from PETA, People The Senate continued with the con- lion residing in 43 States. for the Ethical Treatment of Animals, sideration of the bill. The blue lines depict rails, and in- saying: Look, we object to the way in AMENDMENT NO. 328 deed there is a transportation corridor which these apes are being treated in The PRESIDING OFFICER. Under going through the State of Colorado, as the film; please make changes. Or if the previous order, the Senate resumes well as others. some of the advocates of my own State consideration of the HOLLINGS amend- So why did NBC do an ‘‘el foldo’’? approached the producers of ‘‘Casino’’ ment, No. 328, for the remaining 2 NBC is owned by General Electric and, and said: Look, we don’t want you to hours of debate, which is to be equally surprise, General Electric has a nuclear make any references to ‘‘Casino’’ in divided in the usual form. Who yields division, and one of its senior officers this story line; please delete that. time? is a member of the board of directors of In my judgment, the circumstantial The Senator from South Carolina. NEI. evidence is powerful here. The descrip- Mr. HOLLINGS. Mr. President, I I acknowledge it is a fictional sce- tion I have given, namely of deadly nu- yield such time as I may consume. nario. But what is very real is that in clear waste, was the network’s own de- The PRESIDING OFFICER. The Sen- point of fact the proposal is to trans- scription just days ago. The NEI goes ator is recognized. port high-level nuclear waste through into a full court press, what they call a Mr. HOLLINGS. I thank the distin- all these rail corridors that are de- containment strategy—what we all guished Chair. picted on this map. That is not fic- know is damage control—and, miracu- Mr. President, this amendment is tional. That is real. lously, days before this miniseries is nothing more than reinstituting the It is, in fact, real that high-level nu- scheduled to air, the story line is family hour or the family viewing pe- clear waste is deadly, as NBC first de- changed and all references to deadly riod. We had it during the seventies, scribed it. In fact, it is deadly for tens nuclear waste are deleted. but we set it aside, just like the distin- of thousands of years. In point of fact, I hope the American people will not guished Senator from Nevada was talk- as we know, every year there are thou- be misled, that they will understand ing about with respect to censoring and sands of train accidents in America. A the risks that affect them and their making sure these producers and runaway train is not a fictional sce- neighborhoods. Mr. President, 43 dif- broadcasters don’t interfere with the nario. That is something that occurs, ferent States are affected in this sce- creative impulses of a writer or a pro- sadly, from time to time. It is not a fic- nario. This map I have here depicts es- ducer in Hollywood. But when it comes tional scenario for a train and an auto- sentially the States. Because, by their to the bottom line, they change that mobile or a truck to collide at an at- nature, highway corridors and rail cor- around. That is what we have, and it is grade crossing. That occurred trag- ridors connect the major metropolitan very, very difficult to make an over- ically earlier this year in Illinois. It is communities of our country, this high- whelming case. not fictional for trains to be derailed. level nuclear waste would in fact go We are again facing the same The last thing this industry wants through major cities in America. That stonewalling that we viewed Sunday on the American people to know and to fact is largely unknown. ‘‘Meet the Press,’’ when the representa- understand is that, indeed, the ship- Last year, I had occasion to travel tive of the Motion Picture Association, ment of high-level nuclear waste, pro- with my senior colleague to the two who has been doing this for 30-some posed to be sent to a temporary—alleg- communities of Denver and St. Louis, years, said he did not know the effect edly temporary—storage area in my and to share with those communities of TV violence on children and asked own State, at the Nevada Test Site, is the risks that are involved. Most peo- for another study. We pointed out, of a scenario that would involve the ple in the community did not have any course, that is the way we started with transshipment of 77,000 metric tons of understanding that this scenario is not Senator Pastore, back in 1969, 30 years high-level nuclear waste, with all of fictional and far-fetched but, indeed, it ago, and that is when we had the Sur- the risks that are inherent therein. is contemplated that those shipments geon General’s study. It has become What is even more outrageous is that will occur. worse and worse and worse over the it is totally unnecessary. The Nuclear I regret NBC felt it was necessary to years. Waste Technical Review Board tells us respond to the pressure of the nuclear Again this morning, in the Wash- it is unnecessary. The Department of power industry. Having been involved ington Post, an article says: ‘‘Movie Energy has indicated it is unnecessary. in this battle for the last 17 years, I am Mogul Defends Hollywood.’’ Mr. Edgar The President has indicated he would not unmindful of what a powerful force Bronfman states: veto such legislation. All the risks de- they are, not only in Washington but Violence ‘‘is not an entertainment prob- picted in this scenario with high-level around the country. They have every lem’’.... nuclear wastes could be a reality if right to advocate their point of view. Mr. President, all we have to do is go there was a tragic train accident and, As to their concern that somehow their to the May 3 issue of Newsweek. I ask indeed, the canisters were com- industry would be exposed for what it unanimous consent to print the article, promised and high-level nuclear waste is, a high-risk industry that threatens ‘‘Loitering on the Dark Side’’ in the was scattered along the route. the health and safety of many Ameri- RECORD.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5196 CONGRESSIONAL RECORD — SENATE May 13, 1999 There being no objection, the article BANG, YOU’RE DEAD a scenario of slavering evil and imperishable was ordered to be printed in the REVENGE FANTASIES ARE PROLIFERATING IN good. This is the moral and commercial RECORD, as follows: MOVIES AND ON TV. BUT SHOULD THEY BE equation of melodrama: the greater the out- BLAMED FOR LITTLETON? rage suffered, the greater the justification LOITERING ON THE DARK SIDE—THE COL- (By Richard Corliss) for revenge. You grind me down at first; I UMBINE HIGH KILLERS FED ON A CULTURE grind you up at last. This time it’s personal. The young and the older always eye one OF VIOLENCE THAT ISN’T ABOUT TO CHANGE Fifty years ago, movies were homogenous, another across a gaping chasm. Gray heads meant to appeal to the whole family. Now (By Steven Levy) shake in perplexity, even in a week of pop culture has been Balkanized; it is full of mourning, even over the mildest expressions niches, with different groups watching and Now for the recriminations. Was the Colo- of teen taste. Fashion, for example. Here are rado tragedy a legacy of our technoculture: playing their own things. And big movies, these nice kids from suburban Denver, hero- the ones that grab $20 million on their first Doom, ‘‘Natural Born Killers,’’ hate-ampli- ically documenting the tragedy for TV, and fying Web sites and pipe-bomb plans from weekend, are guy stuff. Young males con- they all seem to belong to the Church of sume violent movies, in part, for the same the Net? Or simply two teenage killers’ abil- Wearing Your Cap Backward. A day later, as reason they groove to outlaw music: because ity to collect enough ordnance to sustain a the teens grieve en masse, oldsters ask, their parents can’t understand it—or stand small army? Gathering the potential culprits ‘‘when we were kids, would we have worn it. To kids, an R rating for violence is like seems less an exercise in fixing liability than sweats and jeans to a memorial service for the Parental Advisory on CDs: a Good House- tossing random darts at the violence-fixated our friends?’’ And of course the trench-coat breaking Seal of Approval. cultural landscape. After the massacre, there killers had their own distinctive clothing: The cultural gap, though, is not just be- were calls to cancel two upcoming Denver Johnny Cash by way of Quentin Tarantino. tween old and young. It is between the haves events: a Marilyn Manson concert and the Should we blame the Columbine massacre on and the self-perceived have-nots of teen NRA’s annual convention. Guilt has to be haberdashery? America. Recent teen films, whether ro- spread pretty widely to make bedfellows of No, but many Americans want to pin the mance or horror, are really about class war- the androgynous Goth crooner and Charlton blame for this and other agonizing splatter fare. In each movie, the cafeteria is like a Heston. fests on pop culture. Adults look at the re- tiny former Yugoslavia, with each clique its Still, we’ve got to look for answers to pre- venge fantasies their kids see in the ‘plexes, own faction: the Serbian jocks, Bosnian listen (finally) to the more extreme music, vent further massacres, if not to clear up the bikers, Kosovar rebels, etc. And the horror glance over their kids’ shoulders at Druid mystery in Littleton. The Internet has been movies are a microcosm of ethnic cleansing. websites and think, ‘‘Seems repulsive to me. getting heat not only as a host for some of Movies may glamorize mayhem while serv- Maybe pop culture pulled the trigger.’’ the sick enthusiasms of the Trenchcoat ing as a fantasy safety valve. A steady diet Who wouldn’t want to blame self-pro- Mafia, but as a potential source of explosive of megaviolence may coarsen the young psy- claimed Antichrist superstar Marilyn information. Defenders of the New rightfully che—but some films may instruct it. Heath- Mason? Listen to Lunchbox, and get the ers and Natural Born Killers are crystal- note that criticizing the reach of the increas- creeps: ‘‘The big bully try to stick his finger ingly pervasive Web is like blaming paper for clear satires on psychopathy, and The Bas- in my chest/ Try to tell me, tell me he’s the ketball Diaries is a mordant portrait of drug bad poetry. Still, it’s undeniable that cyber- best/ But I don’t really give a good goddamn space offers unlimited opportunity to net- addiction. Payback is a grimly synoptic par- cause/ I got my lunchbox and I’m armed real ody of all gangster films. In three weeks, 15 work with otherwise unreachable creepy peo- well / Next motherf***** gonna get my metal/ ple. What’s worse is how the Net makes it million people have seen The Matrix and not . . . Pow pow pow.’’ Not quite Stardust. gone berserk. And Carrie 2 is a crappy re- easy to succumb to the temptation to post Sift through teen movies of the past 10 make of a 1976 hit that led to no murders. anything—even Ubermensch song lyrics or years, and you could create a hindsight game murderous threats—without the sure sanc- plan for Littleton. Peruse Heathers (1989), in Mr. HOLLINGS. Reading one sen- tions that would come if you tried that in which a charming sociopath engineers the tence: your geographical community. The Internet death of jocks and princesses. Study care- Sift through teen movies of the past 10 credo is empowerment, and unfortunately fully, as one of the Columbine murderers re- years, and you could create a hindsight game that also applies to troubled teens sticking portedly did, Natural Born Killers (1994), in plan for Littleton. their toes into the foul water of which two crazy kids cut a carnage swath Another interesting article, ‘‘Gun- hatemongering. As parents are learning, the through the Southwest as the media fero- Net’s easy accessibility to the netherworlds ciously dog their trail. Sample The Basket- ning for Hollywood,’’ appeared in U.S. is a challenge that calls, at the least, for a ball Diaries (1995), in which druggy high News & World Report on May 10. I ask measure of vigilance. schooler Leonardo DiCaprio daydreams of unanimous consent that the column by Hollywood is also a fat target. From Oliver strutting into his homeroom in a long black John Leo be printed in the RECORD. Stone’s lyric depiction of random murder coat and gunning down his hated teacher and There being no objection, the article (rabidly viewed by the Columbine killers) to half the kids. The Rage: Carrie 2 (now in the- was ordered to be printed in the stylish slaughter in ‘‘The Matrix,’’ violence aters) has jocks viciously taunting outsiders RECORD, as follows: until one girl kills herself by jumping off the is the main cource on our entertainment GUNNING FOR HOLLYWOOD high school roof and another wreaks right- menu. We are a nation that comfortably em- (By John Leo) braces Tony Soprano, a basic-values type of eous revenge by using her telekinetic powers guy who not only orders hits but himself per- to pulverize a couple dozen kids. Every time a disaster like the Colorado forms the occasional whacking. The indus- Grownups can act out revenge fantasies massacre occurs, Democrats want to focus try’s defense is summarized by Doug Rich- too. In Payback, Mel Gibson dishes it out on guns and Republicans want to talk about ardson, who’s scripted ‘‘Die Hard II’’ and (pulls a ring out of a punk’s nose, shoots his popular culture. Much of this comes from actual conviction, but economic interest often ‘‘Money Train.’’ ‘‘If I were to accept the rival’s face off through a pillow) and takes it disguises itself as principle. The Republicans premise that the media culture is respon- (gets punched, switch-bladed, shot and, ick, toe-hammered). The Matrix, the first 1999 can’t say much about the gun lobby, because sible,’’ he says, ‘‘then I would be surprised film to hit $100 million at the box office, has they accept too much of its money. The that the thousands of violent images we see more kung fu than gun fu but still bran- Democrats can’t talk about Hollywood and don’t inspire more acts of violence.’’ In other dishes an arsenal of firepower in its tale of the rest of the entertainment industry, be- words, the sheer volume of carnage is proof outsiders against the Internet droids. cause that’s where so much of their funding of its harmlessness. In Littleton’s wake, the culture industry comes from. Mr. HOLLINGS. It says: has gone cautious. CBS pulled an episode of The gun and entertainment executives Promised Land because of a plot about a tend to patrol the same familiar borders. Hollywood is also a fat target. Oliver shooting in front of a Denver school. The WB Charlton Heston, head of the National Rifle Stone’s lyric depiction of random murder has postponed a Buffy the Vampire Slayer Association, offered some dubious argu- (rabidly viewed by the Columbine killers) to episode with a schoolyard-massacre motif. ments: An armed guard at Columbine High stylish slaughter in ‘‘The Matrix,’’ violence Movie-studio honchos, who furiously resist School would have saved lives; legalizing is the main course on our entertainment labeling some serious adult films FOR concealed weapons tends to lower crime menu. ADULTS ONLY, went mum last week when rates. Gerald Levin, the equally adamant asked to comment on any connection be- head of Time Warner, said he feared ‘‘a new I ask unanimous consent that a Time tween violent movies and violent teen behav- season of political opportunism and moral magazine article, again this month, en- ior. That leaves us to explain things. arrogance intended to scapegoat the media.’’ titled ‘‘Bang, You’re Dead,’’ be printed Revenge dramas are as old as Medea (she He raised the specter of censorship, noting in the RECORD. tore her sons to pieces), as hallowed as Ham- that Oliver Cromwell, ‘‘the spiritual forebear let (seven murders), as familiar as The God- of Rev. Falwell,’’ shut down the theaters of There being no objection, the article father. High drama is about the conflict be- 17th-century England on moral grounds. was ordered to be printed in the tween shades of good and evil, often within Surely we can do better than this. We can RECORD, as follows: the same person. But it’s easier to dream up talk about the importance of gun control,

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5197 and we can talk about the impact on behav- violence is portrayed, he wrote, ‘‘Do we feel by revealing in the pleas of victims, slasher ior of violence portrayed in the media with- the pain and dehumanization it causes to the movies promote this base emotion.) The 1994 out suggesting that censorship is any kind of person on the receiving end, and to the per- movie Natural Born Killers depicted slaying solution. son who engages in it? . . . Does the film the helpless not only as a way to have a This time around, a center of sorts seems cater to the aggressive and violent impulses grand time but also as a way to become a ce- to be forming. Bill Bennett and Sen. Joseph that lie hidden in every human heart? Is lebrity; several dozen onscreen murders are Lieberman, familiar social conservative there danger its viewers will be desensitized shown in that film, along with a discussion voices on this issue, have been joined by to the horror of violence by seeing it?’’ of how great it makes you feel to just pick Sens. John McCain and Sam Brownback and, Good questions. Think about it, Holly- people out at random and kill them. The 1994 it seems, by the Clintons and the Gores. Tip- wood. movie Pulp Fiction presented hit men as per Gore said that the entertainment media Mr. HOLLINGS. Mr. President, Mr. glamour figures having loads of interesting bear some responsibility for the killings in Leo’s column cites that TV violence fun; the actors were mainstream stars like Colorado. In a radio address, President Clin- John Travolta. The 1995 movie Seven, star- ton urged parents to ‘‘refuse to buy prod- has a definite effect on children. ring Brad Pitt, portrayed a sort of contest to ucts’’ which glorify violence.’’ Turning to the New Republic of May murder in unusually grotesque ways. If more Republicans will talk about guns, 17, Gregg Easterbrook in the New Re- (Screenwriters now actually discuss, and maybe more Democrats will ask their favor- public wrote another relevant article critics comment on, which film’s killings are ite media moguls to start thinking harder entitled, ‘‘Watch and Learn.’’ I ask most amusing.) The 1995 movie The Basket- about the social impact of the many awful unanimous consent that this article be ball Diaries contains an extended dream se- products they dump on the market. quence in which the title character, played ‘‘We want to appeal to their sense of re- printed in the RECORD. There being no objection, the article by teen heartthrob Leonardo DiCaprio, me- sponsibility and citizenship and ask them to thodically guns down whimpering, pleading look beyond the bottom line,’’said Lieber- was ordered to be printed in the classmates at his high school. A rock sound- man. There is talk of some sort of ‘‘summit RECORD, as follows: track pulses, and the character smiles as he meeting’’ on violence. McCain plans a hear- COPYRIGHT 1999 THE NEW REPUBLIC, INC., THE kills. ing this week on how violence is marketed to NEW REPUBLIC; MAY 17, 1999 The new hollywood tack of portraying ran- children. For the long term, we need a cam- Section: Pg. 22. dom murder as a form of recreation does not paign appealing to pride and accountability Length: 3724 words. come from schlock-houses. Disney’s among media executives. Shame, too, says Headline: Watch and Learn. Miramax division, the same mainstream stu- Lieberman. dio that produced Shakespeare in Love, is re- Pointless violence is an obvious topic. In Byline: Gregg Easterbrook. Highlight: Yes, the media do make us more sponsible for Scream and Pulp Fiction. the dreadful Mel Gibson movie Payback, a Time-Warner is to blame for Natural Born nose ring is yanked off, bringing some of the violent. Body: Millions of teens have seen the 1996 Killers and actually ran television ads pro- nose with it. A penis is pulled off in the new moting this film as ‘‘delirious, daredevil move Scream, a box-office and home-rental alleged comedy Idle Hands. Worse are the ap- fun.’’ (After it was criticized for calling mur- hit. Critics adored the film. The Washington parent connections between screen and real- der ‘‘fun,’’ Time-Warner tried to justify Kill- Post declared that it ‘‘deftly mixes irony, world violence. Michael Carneal’s shooting ers as social commentary; if you believe self-reference, and social wry commentary.’’ rampage in a Kentucky school was similar to that, you believe Godzilla was really about The Los Angeles Times hailed it as ‘‘a bra- one in a movie he saw, The Basketball Dia- biodiversity protection.) Praise and pub- vura, provocative send-up.’’ Scream opens ries. In the film, the main character dreams licity for gratuitously violent movies come with a scene in which a teenage girl is forced of breaking down a classroom door and from the big media conglomerates, including to watch her jock boyfriend tortured and shooting six classmates and a teacher while the newspapers and networks that profit then disemboweled by two fellow students other students cheer. In Manhattan in 1997, from advertising for films that glorify mur- one of the men who stomped a parade watch- who, it will eventually be learned, want re- der. Disney, now one of the leading pro- er to death on St. Patrick’s Day finished venge on anyone from high school who moters of violent images in American cul- with a line almost exactly like the one ut- crossed them. After jock boy’s stomach is ture, even feels that what little kids need is tered by a killer in the movie A Bronx Tale: shown cut open and he dies screaming, the more violence. Its Christmas 1998 children’s ‘‘Look at me—I’m the one who did this to killers stab and torture the girl, then cut her movie Mighty Joe Young begins with an you.’’ throat and hang her body from a tree so that eight-year-old girl watching her mother A damaging kind of movie violence is cur- Mom can discover it when she drives up. A being murdered. By the movie’s end, it is 20 rently on display in a very good new movie, dozen students and teachers are graphically years later, and the killer has returned to The Matrix. Keanu Reeves’s slaughter of his butchered in the film, while the characters stalk the grown daughter, pointing a gun in enemies is filmed as a beautiful ballet. Thou- make running jokes about murder. At one her face and announcing, ‘‘Now join your sands of shells fall like snow from his heli- point, a boy tells a big-breasted friend she’d mother in hell.’’ A Disney movie. copter and bounce in romantic slo-mo off better be careful because the stacked girls One reason Hollywood keeps reaching for walls and across marble floors. The whole always get it in horror films; in the next ever-more-obscene levels of killing is that it scene makes gunning people down seem like scene, she’s grabbed, stabbed through the must compete with television, which today a wonderfully satisfying hobby, as if a bril- breasts, and murdered. Some provocative routinely airs the kind of violence once con- liant ad agency had just landed the violence send-up, huh? The move builds to a finale in sidered shocking in theaters. According to account. What you glorify you tend to get which one of the killers announces that he studies conducted at Temple University, more of. Somebody at the studio should have and his accomplice started off by murdering prime-time network (non-news) shows now asked, ‘‘Do we really need more romance at- strangers but then realized it was a lot of average up to five violent acts per hour. In tached to the act of blowing people away?’’ more fun to kill their friends. February, NBC ran in prime time the movie Sadism for the masses. A generation or Now that two Colorado high schoolers have Eraser, not editing out an extremely graphic two ago, movie violence was routinely de- murdered twelve classmates and a teacher— scene in which a killer pulls a gun on a by- picted as a last resort. There were excep- often, it appears, first taunting their plead- stander and blasts away. The latest TV tions, of course. But violence was typically ing victims, just like celebrity stars do in movie based on The Rockford Files, which something a hero was forced to do, not some- the movies—some commentators have dis- aired on CBS the night of the Colorado mur- thing he enjoyed. He had no choice. Now, as missed the role of violence in the images ders, opened with a scene of an eleven-year- the critic Mark Crispin Miller once wrote, shown to the young, pointing out that hor- old girl in short-shorts being stalked by a screen violence ‘‘is used primarily to invite rific acts by children existed before celluloid man in a black hood, grabbed, and dragged the viewer to enjoy the feel of killing, beat- or the phosphor screen. That is true—the off, screaming. The Rockford Files is a coming, mutilating.’’ Leopold-Loeb murder of 1924, for example. edy. Combining television and movies, the We are inside the mind and emotions of the But mass murders by the young, once phe- typical American boy or girl, studies find, shooter, experiencing the excitement. This is nomenally rare, are suddenly on the in- will observe a stunning 40,000 dramatizations violence not as a last resort but as deeply crease. Can it be coincidence that this in- of killing by age 18. satisfying lifestyle. And those who use films crease is happening at the same time that In the days after the Colorado slaughter, purely to exploit and promote the lifestyle Hollywood has begun to market the notion discussion of violent images in American ought to be called on it. that mass murder is fun? culture was dominated by the canned posi- Some years ago, Cardinal Roger Mahony, For, in cinema’s never-ending quest to up tions of the anti-Hollywood right and the Roman Catholic archbishop of Los Angeles, the ante on violence, murder as sport is the mammon-is-our-God film lobby. The debate was thought to be preparing a speech calling latest frontier. Slasher flicks began this missed three vital points: the distinction be- for a tough new film-rating code. Hollywood trend; most portray carnage from the killer’s tween what adults should be allowed to see prepared itself to be appalled. But instead of point of view, showing the victim cowering, (anything) and what the inchoate minds of calling for a code, the cardinal issued a pas- begging, screaming as the blade goes in, children and adolescents should see; the way toral letter defending artistic freedom and treating each death as a moment of festivity in which important liberal battles to win appealed to moviemakers to think more for the killer. (Many killers seek feelings of free expression in art and literature have about how to handle screen violence. When power over their victims, criminology finds; been perverted into an excuse for antisocial

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5198 CONGRESSIONAL RECORD — SENATE May 13, 1999 video brutality produced by cynical capital- Defenders of Hollywood bloodshed also em- rence Fishburne, Geena Davis, Woody ists; and the difference between censorship ploy the argument that, since millions of Harrelson, and Mark Wahlberg are just a few and voluntary acts of responsibility. people watch screen mayhem and shrug, of the hip stars who have posed with guns for The day after the Colorado shooting, Mike feigned violence has no causal relation to ac- movie advertising. Hollywood endlessly con- De Luca, an executive of New Line Cinema, tual violence. After a horrific 1992 case in gratulates itself for reducing the depiction of maker of The Basketball Diaries, told USA which a British gang acted out a scene from cigarettes in movies and movie ads. Ciga- Today that, when kids kill, ‘‘bad home life, the slasher movie Child’s Play 3, torturing a rettes had to go, the film industry admitted, bad parenting, having guns in the home’’ are girl to death as the movie had shown, the because glamorizing them gives the wrong ‘‘more of a factor than what we put out there novelist Martin Amis wrote dismissively in idea to kids. But the glamorization of fire- for entertainment.’’ Setting aside the disclo- The New Yorker that he had rented Child’s arms, which is far more dangerous, con- sure that Hollywood now categorizes scenes Play 3 and watched the film, and it hadn’t tinues. Today, even female stars who other- of movies stars gunning down the innocent made him want to kill anyone, so what was wise consider themselves politically aware as ‘‘entertainment,’’ De Luca is correct: the problem? But Amis isn’t homicidal or will model in sexualized poses with guns. Ads studies do show that upbringing is more de- unbalanced. For those on the psychological for the new movie Goodbye Lover show star terminant of violent behavior than any other borderline, the calculus is different. There Patricia Arquette nearly nude, with very lit- factor. But research also clearly shows that have, for example, been at least two in- tle between her and the viewer but her hand- the viewing of violence can cause aggression stances of real-world shootings in which the gun. and crime. So the question is, in a society al- guilty imitated scenes in Natural Born Kill- But doesn’t video violence merely depict a ready plagued by poor parenting and unlim- ers. stark reality against which the young need ited gun sales, why does the entertainment Most telling, Amis wasn’t affected by be warned? American society is far too vio- industry feel privileged to make violence watching a slasher movie because Amis is lent, yet the forms of brutality highlighted even more prevalent? not young. Except for the unbalanced, expo- in the movies and on television—promi- Even when researchers factor out other insure to violence in video ‘‘is not so important for nently ‘‘thrill’’ killings and serial murders— fluences such as parental attention, many adults; adults can watch anything they want,’’ are pure distortion. Nearly 99 percent of real peer-reviewed studies having found causal Eron says. Younger minds are a different story. murders result from robberies, drug deals, links between viewing phony violence and Children who don’t yet understand the dif- and domestic disputes; figures from research engaging in actual violence. A 1971 surgeon ference between illusion and reality may be affiliated with the FBI’s behavioral sciences general’s report asserted a broad relation- highly affected by video violence. Between the division show an average of only about 30 se- ship between the two. Studies by Brandon ages of two and eight, hours of viewing violent rial or ‘‘thrill’’ murders nationally per year. Centerwall, an epidemiologist at the Univer- TV programs and movies correlates closely to Thirty is plenty horrifying enough, but, at sity of Wisconsin, have shown that the post- felonies later in life; the child comes to see this point, each of the major networks and war murder rise in the United States began hitting, stabbing, and shooting as normative movie studios alone depicts more ‘‘thrill’’ roughly a decade after TV viewing became acts. The link between watching violence and serial murders annually than that. By common. Centerwall also found that, in and engaging in violence continues up to endlessly exploiting the notion of the South Africa, where television was not gen- about the age of 19, Eron finds, after which ‘‘thrill’’ murder, Hollywood and television erally available until 1975, national murder most people’s characters have been formed, present to the young an entirely imaginary rates started rising about a decade later. and video mayhem no longer correlates to image of a society in which killing for pleas- Violent computer games have not existed destructive behavior. ure is a common event. The publishing in- long enough to be the subject of many con- Trends in gun availability do not appear to dustry, including some TNR advertisers, also trolled studies, but experts expect it will be explain the murder rise that has coincided distorts for profit the frequency of ‘‘thrill’’ shown that playing such games in youth also with television and violent films. Research murders. correlates with destructive behavior. There’s by John Lott Jr., of the University of Chi- The profitability of violent cinema is an eerie likelihood that violent movies and cago Law School, shows that the percentage broadly dependent on the ‘‘down-rating’’ of violent games amplify one another, the film of homes with guns has changed little films—movies containing extreme violence and television images placing thoughts of throughout the postwar era. What appears to being rated only R instead of NC–17 (the new carnage into the psyche while the games have changed is the willingness of people to name for X)—and the lax enforcement of age condition the trigger finger to act on those fire their guns at one another. Are adoles- restrictions regarding movies. Teens are the impulses. cents now willing to use guns because vio- best market segment for Hollywood; when Leonard Eron, a psychologist at the Uni- lent images make killing seem acceptable or moviemakers claim their violent movies are versity of Michigan, has been tracking video even cool? Following the Colorado slaughter, not meant to appeal to teens, they are sim- violence and actual violence for almost four The New York Times ran a recounting of ply lying. The millionaire status of actors, decades. His initial studies, in 1960, found other postwar mass murders staged by the directors, and studio heads—and the returns that even the occasional violence depicted in young, such as the 1966 Texas tower killings, of the mutual funds that invest in movie 1950s television—to which every parent and noted that they all happened before the companies—depends on not restricting teen would gladly return today—caused increased advent of the Internet or shock rock, which access to theaters or film rentals. Studios in aggression among eight-year-olds. By the seemed to the Times to absolve the modern effect control the movie ratings board and adult years, Erons’ studies find, those who media. But all the mass killings by the young endlessly lobby it not to label extreme vio- watched the most TV and movies in child- occurred after 1950—after it became common to lence with an NC–17, the only form of rating hood were much more likely to have been ar- watch violence on television. that is actually enforced. Natural Born Kill- rested for, or convicted of, violent felonies. When horrific murders occur, the film and ers, for example, received an R following Eron believes that ten percent of U.S. vio- television industries routinely attempt to Time-Warner lobbying, despite its repeated lent crime is caused by exposure to images of transfer criticism to the weapons used. Just close-up murders and one charming scene in violence, meaning that 90 percent is not but after the Colorado shootings, for instance, which the stars kidnap a high school girl and that a ten percent national reduction in vio- TV talk-show host Rosie O’Donnell called for argue about whether it would be more fun to lence might be achieved merely by moder- a constitutional amendment banning all fire- kill her before or after raping her. Since its ating the content of television and movies. arms. How strange that O’Donnell didn’t call inception, the movie ratings board has put ‘‘Kids learn by observation,’’ Eron says. ‘‘If instead for a boycott of Sony or its produc- its most restrictive rating on any realistic what they observe is violent, that’s what tion company, Columbia Tristar—a film stu- representation of lovemaking, while sanc- they learn.’’ To cite a minor but telling ex- dio from which she has received generous tioning ever-more-graphic depictions of mur- ample, the introduction of vulgar language paychecks and whose current offerings in- der and torture. In economic terms, the into American public discourse traces, Eron clude 8MM, which glamorizes the sexual board’s pro-violence bias gives studios an in- thinks, largely to the point at which stars murder of young women, and The Replace- centive to present more death and mayhem, like Clark Gable began to swear onscreen, ment Killers, whose hero is a hit man and confident that ratings officials will smile and kids then imitated swearing as nor- which depicts dozens of gun murders. Hand- with approval. mative. guns should be licensed, but that hardly ex- When r-and-x battles were first fought, in- Defenders of bloodshed in film, television, cuses the convenient sanctimony of blaming tellectual sentiment regarded the ratings and writing often argue that depictions of the crime on the weapon, rather than on system as a way of blocking the young from killing don’t incite real violence because no what resides in the human mind. seeing films with political content, such as one is really affected by what they see or And, when it comes to promoting adora- Easy Rider, or discouraging depictions of read; it’s all just water off a duck’s back. At tion of guns, Hollywood might as well be the sexuality; ratings were perceived as the heart, this is an argument against free ex- NRA’s marketing arm. An ever-increasing rubes’ counterattack against cinematic so- pression. The whole reason to have a First share of film and television depicts the fire- phistication. But, in the 1960s, murder after Amendment is that people are influenced by arm as something the virile must have and murder after murder was not standard cin- what they see and hear: words and images do use, if not an outright sexual aid. Check the ema fare. The most controversial violent change minds, so there must be free competi- theater section of any newspaper, and you film of that era, A Clockwork Orange, de- tion among them. If what we say, write, or will find an ever-higher percentage of movie picted a total of one killing, which was heard show has no consequences, why bother to ads in which the stars are prominently hold- but not on-camera. (Clockwork Orange also have free speech? ing guns. Keanu Reeves, Uma Thurman, Lau- had genuine political content, unlike most of

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5199 today’s big studio movies.) In an era of run- stream porn, but what is shown is always gress acted and we installed in law the away screen violence, the ’60s ideal that the consensual and almost sunnily friendly. authority and responsibility for the young should be allowed to see what they Scenes of rape or sexual menace never occur, Federal Communications Commission want has been corrupted. In this, trends in and scenes of sexual murder are an absolute video mirror the misuse of liberal ideals gen- taboo. to determine the time period of family erally. It is beyond irony that today Sony and Time- hour, which has been determined from Anti-censorship battles of this century Warner eagerly market explicit depictions of 6 in the morning to 10 in the evening, were fought on firm ground, advocating the women being raped, sexually assaulted, and sex- and they barred showing of indecency right of films to tackle social and sexual ually murdered, while the mainstream porn in- on television in America. That has issues (the 1930s Hays office forbid among dustry would never dream of doing so. But, if worked. It was taken to the courts. The other things cinematic mention of cohabita- money is all that matters, the point here is lawyers immediately went to work, but tion) and free access to works of literature that mainstream porn is violence-free and such as Ulysses, Story of O, and the original yet risque and highly profitable. Surely this the lower court decision has been version of Norman Mailer’s The Naked and shows that Hollywood could voluntarily step upheld by the Supreme Court. the Dead. Struggles against censors estab- back from the abyss of glorifying violence The Attorney General of the United lished that suppression of film or writing is and still retain its edge and its income. States appeared at our hearing before wrong. Following the Colorado massacre, Repub- the Commerce, Science and Transpor- But to say that nothing should be censored is lican presidential candidate Gary Bauer de- tation Committee and said she thought very different from saying that everything clared to a campaign audience, ‘‘In the it definitely would pass constitutional should be shown. Today, Hollywood and tele- America I want, all of these producers and vision have twisted the First Amendment directors, they would not be able to show muster. We also had a plethora of con- concept that occasional repulsive or worth- their faces in pubic’’ because fingers ‘‘would stitutional professors come in. The less expression must be protected, so as to be pointing at them and saying, ‘Shame, record is replete. It is not haphazard. guarantee freedom for works of genuine po- shame.’ ’’ The statement sent chills through Let me quote entertainment industry litical content or artistic merit, into a new anyone fearing right-wing though-control. executives and apologists saying just standard in which constitutional freedoms But Bauer’s final clause is correct—Holly- exactly what we say in our law: are employed mainly to safeguard works wood and television do need to hear the that make no pretense of merit. In the new words ‘‘shame, shame.’’ The cause of the Programs should not depict violence as standard, the bulk of what’s being protected shame should be removed voluntarily, not to glamourous— is repulsive or worthless, with the meri- stave off censorship, but because it is the re- I quote that from their own par- torious work the rare exception. sponsible thing to do. ticular code of conduct— Not only is there profit for the performers, Put it this way. The day after a teenager Realistic depictions of violence should also producers, management, and shareholders of guns down the sons and daughters of studio portray the consequences of that violence to firms that glorify violence, so, too, is there profit executives in a high school in Bel Air or its victims and its perpetrators. for politicians. Many conservative or Repub- Westwood, Disney and Time-Warner will stop lican politicians who denounce Hollywood glamorizing murder. Do we have to wait That was 1992. Let’s find out what eagerly accept its lucre. Bob Dole’s 1995 anti- until that day? they did with the code of conduct. Hollywood speech was not followed up by Mr. HOLLINGS. Mr. President, we in- In 1998, there was a study sponsored anti-Hollywood legislation or campaign- clude by reference—not printed in the by the National Cable Television Asso- funds strategy. After the Colorado murders, RECORD of course—the hearings of 1993, ciation. This is one of the most recent President Clinton declared, ‘‘Parents should 1995, and 1997 which are relevant today. authoritative documents on the entire take this moment to ask what else they can do to shield children from violent images In fact, they have been exacerbated by subject. It includes not only the Na- and experiences that warp young percep- the events we have not only seen in tional Parent-Teachers Association, tions.’’ But Clinton was careful to avoid Colorado, but in Kentucky and Arkan- Virginia Markel, the American Bar As- criticizing Hollywood, one of the top sources sas in the various schools, but more sociation, Michael McCann, the Na- of public backing and campaign contribu- particular, it has supported our case tional Education Association, Darlene tions for him and his would-be successor, about the industry, the broadcasters, Chavez, but—listen to this—Belva Vice President Al Gore. The president has the producers—by Hollywood. Davis, American Federation of Tele- nothing specific to propose on film vio- Let’s understand first the putoff we vision and Radio Artists; Charles B. lence—only that parents should try to figure had and the stonewalling back in 1990 out what to do. Fitzsimmons, Producers Guild of When television producers say it is the par- when Senator Paul Simon said: What America; Carl Gotlieb, Writers Guild of ents’ obligation to keep children away from we have to do really—let’s not rush America West; Ann Marcus, Caucus for the tube, they reach the self-satire point of into this. Producers, Writers and Directors; Gene warning that their own product is unsuitable We have been rushing in since 1969. Reynolds, Directors Guild of America. for consumption. The situation will improve But in 1989 and 1990, we could not rush What do they say? I cannot print the somewhat beginning in 2000, by which time in, and we had to have a code of con- entire document in the RECORD, in def- all new TVs must be sold with the ‘‘V duct. The reason they could not get it chips’’—supported by Clinton and Gore— erence to economy in Government. I was because of the antitrust laws. So read from the findings on page 29: which will allow parents to block violent we put in an estoppel to the antitrust shows. But it will be at least a decade before laws applying to this particular en- Much of TV violence is still glamorized. the majority of the nation’s sets include the deavor. We had the standards for depic- This was their code in 1992. There is chip, and who knows how adept young minds no ‘‘glamorized.’’ Six years later, they will prove at defeating it? Rather than rely- tion of violence and television pro- ing on a technical fix that will take many grams issued by ABC, CBS, and NBC in themselves—the producers, the writers, years to achieve an effect, TV producers 1992. Hollywood itself—say: could simply stop churning out the gratu- Mr. President, this is what the pro- Much of TV violence is still glamorized. itous violence. Television could dramatically grammers themselves said: Good characters are frequently the perpetra- reduce its output of scenes of killing and However, all depictions of violence should tors of violence and rarely do they show re- still depict violence in news broadcasts, doc- be relevant and necessary to the develop- morse. Viewers of all ages are more likely to umentaries, and the occasional show in ment of character or to the advancement of emulate and learn from characters who are which the horrible is genuinely relevant. Re- theme or plot. perceived as attractive. Across the 3 years of duction in violence is not censorship; it is Going further: this study, nearly 40 percent of the violent placing social responsibility before profit. incidents on television are initiated by char- The movie industry could practice the Gratuitous or excessive depictions of vio- acters who possess qualities that make them same kind of restraint without sacrificing lence are not acceptable. attractive. profitability. In this regard, the big Holly- Mr. President, that is word for word Heavens above. They prove our case wood studios, including Disney, look craven our amendment. What we try to bar is for the amendment. and exploitative compared to, of all things, excessive, gratuitous violence during Again reading from the study: the porn-video industry. Repulsive material the family hour. It works in the United occurs in underground porn, but, in the prod- Kingdom. It works in Belgium and in Another aspect of glamorization is that ucts sold by the mainstream triple-X dis- physical aggression on television is often tributors such as Vivid Video (the MGM of Europe. It works down in Australia. It condoned. For example, more than one-third the erotica business), violence is never, ever, is tried and true and passes constitu- of violent programs feature bad characters ever depicted—because that would be irre- tional muster. who are never punished. Therefore, violence sponsible. Women and men perform every We had this problem develop with re- that goes unpunished in the shortrun poses conceivable explicit act in today’s main- spect to indecency. Finally, the Con- serious risk to children.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5200 CONGRESSIONAL RECORD — SENATE May 13, 1999 Edgar Bronfman in the morning news spending this year on a deficit a sur- again documenting a broad consensus in the said this is not something with the en- plus. When we say it is a legitimate scientific literature that exposure to tele- tertainment industry. But it is pro- gun dealer, and you have to have a vision violence increases children’s physical 7 ducers, it is writers, it is guilds, man- background check, a waiting period, it aggressiveness. Each of these governmental inquiries necessarily left open the question agers in Hollywood. I know if he had has sidelined 60,000 felons. It is work- of whether this increase in children’s phys- been in the liquor business, he would ing. But yesterday, due to the ical aggressiveness would later lead to in- tell him to go on out there and find out stonewalling and influence of the NRA, creased rates of violence. Although there had what is going on. we said no, you can go to a gun show been dozens of laboratory investigations and Reading further from their report: and there is no background check. short-term field studies (3 months or less), Violent behavior on television is quite se- Can you imagine the Congress that few long-term field studies (2 years or more) rious in nature. Across the 3-year study, has no shame whatever? I wish I were a had been completed and reported. Since the more than half of the violent incidents fea- lawyer outside practicing. I would take 1982 National Institute of Mental Health re- ture physical aggression that would be lethal that case immediately up on the 14th port, long-term field studies have come into their own, some 20 having now been pub- or incapacitating if it were to occur in real amendment and the equal protection life. In spite of very serious forms of aggres- lished.8 sion, much of this violence is undermined by clause for the gun dealers and say that In my commentary, I discuss television’s humor. At least 40 percent of the violent is an unconstitutional provision when effects within the context of normal child scenes on television include humor. you do not require it at the gun shows. development; give an overview of natural ex- I would easily win that case. So we are posure to television as a cause of aggression And on and on, from this particular and violence; summarize my own research report. It is really noteworthy that going to set that aside or hope it is brought immediately so we will do findings on television as a cause of violence; they prove our case. And to come up at and suggest a course of action. this time saying that it does not have away with that. Maybe then they will sober up and we will get enough votes. TELEVISION IN THE CONTEXT OF NORMAL CHILD any effect, like they said on ‘‘Meet the DEVELOPMENT Press’’ on Sunday, they would like to Here today we are going to be faced again with the same stonewalling. The impact of television on children is best join in another study—and I under- understood within the context of normal They go down again and again and stand the distinguished manager, the child development. Neonates are born with chairman, is going to ask for another again, and they will say: There is no an instinctive capacity and desire to imitate study by the Surgeon General; and my problem. We ought to have further adult human behavior. That infants can, and distinguished chairman, the Senator studies. do, imitate an array of adult facial expres- There is one other result I want to from Arizona, he has joined in with the sions has been demonstrated in neonates as mention to my distinguished col- young as a few hours old, ie, before they are Senator from Connecticut to get an- leagues here in the Senate. I have al- even old enough to know cognitively that other study. ready put in the 1972 report. But I ask they themselves have facial features that Whereas the broadcasters, they know 9, 10 unanimous consent the American Med- correspond with those they are observing. the history of broadcasting. We ought It is a most useful instinct, for the devel- ical Association article ‘‘Television to send them all this three-volume set. oping child must learn and master a vast I quote from page 23. Writers receive and Violence’’ be printed in the repertoire of behavior in short order. numerous plot instructions. This is RECORD. Whereas infants have an instinctive desire There being no objection, the article back in 1953, 46 years ago. I quote: to imitate observed human behavior, they do was ordered to be printed in the not possess an instinct for gauging a priori It has been found that we retain audience RECORD, as follows: whether a behavior ought to be imitated. interest best when our story is concerned They will imitate anything,11 including be- with murder. Therefore, although other [From the Journal of the American Medical Association, June 10, 1992] haviors that most adults would regard as de- crimes may be introduced, somebody must structive and antisocial. It may give pause TELEVISION AND VIOLENCE: THE SCALE OF THE be murdered, preferably early, with the for thought, then, to learn that infants as PROBLEM AND WHERE TO GO FROM HERE threat of more violence to come. young as 14 months of age demonstrably ob- That is how you make money. They (By Brandon S. Centerwall, MD, MPH) serve and incorporate behaviors seen on tele- can put out all the language just like In 1975 Rothenberg’s Special Communica- vision12, 13 (Looking ahead, in two surveys of we do. I guess we are emulating them tion in JAMA, ‘‘Effect of Television Violence young male felons imprisoned for commit- on Children and Youth,’’ first alerted the ting violent crimes, eg, homicide, rape, and because we all talk about a surplus, a medical community to the deforming effects surplus, a surplus, when we have a def- assault, 22% to 34% reported having con- the viewing of television violence has on nor- sciously imitated crime techniques learned icit. They talk again and again and mal child development, increasing levels of from television programs, usually success- again how they are against this vio- physical aggressiveness and violence.1 In re- fully.14) lence, and yet they continue, under sponse to physicians’ concerns sparked by As of 1990, the average American child aged their own study, to spew it out and Rothenberg’s communication, the 1976 Amer- 2 to 5 years was watching over 27 hours of have a definite effect out there in Colo- ican Medical Association (AMA) House of television per week.15 This might not be bad, rado. Delegates passed Resolution 38: ‘‘The House if young children understood what they are Mr. President, I call my colleagues’ declares TV violence threatens the health watching. However, up through ages 3 and 4 and welfare of young Americans, commits attention to Senate Commerce Com- years, many children are unable to distin- itself to remedial actions with interested guish fact from fantasy in television pro- mittee Report on ‘‘Children’s Protec- parties, and encourages opposition to TV grams and remain unable to do so despite tion From Violent Programming Act,’’ programs containing violence and to their adult coaching.16 In the minds of such young S. 363, Report No. 105–89 and the report sponsors.’’ 2 children, television is a source of entirely on the ‘‘Children’s Protection From Other professional organizations have factual information regarding how the world Violent Programming Act of 1995,’’ S. since come to a similar conclusion, including works. Naturally, as they get older, they the American Academy of Pediatrics and the come to know better, but the earliest and 470, Report No. 104–117. 3 Mr. President, let me agree, though, American Psychological Association. In deepest impressions were laid down when the light of recent research findings, in 1990 the child saw television as a factual source of in- with Mr. Bronfman on this. And I quote American Academy of Pediatrics issued a Mr. Bronfman from this morning’s formation about a world outside their homes policy statement: ‘‘Pediatricians should ad- where violence is a daily commonplace and Washington Post. vise parents to limit their children’s tele- the commission of violence is generally pow- ‘‘It’s unfortunate that the American peo- vision viewing to 1 to 2 hours per day.’’ 4 erful, exciting, charismatic, and efficacious. ple, who really look to their government for Rothenberg’s communication was largely Serious violence is most likely to erupt at leadership, instead get finger-pointing and based on the findings of the 1968 National moments of severe stress—and it is precisely chest-pounding,’’ he said. Commission on the Causes and Prevention of at such moments that adolescents and adults 5 I will read that again, because I agree Violence and the 1972 Surgeon General’s re- are most likely to revert to their earliest, port, Television and Growing Up: The Impact most visceral sense of what violence is and with him. ‘‘It’s unfortunate that the of Televised Violence.6 Those findings were American people, who really look to what its role is in society. Much of this sense updated and reinforced by the 1982 report of will have come from television. their government for leadership, in- the National Institute of Mental Health, Tel- Not all laboratory experiments and short- stead get finger-pointing and chest- evision and Behavior: Ten Years of Scientific term field studies demonstrate an effect of pounding.’’ Progress and Implications for the Eighties, media violence on children’s behavior, but There it is. We are experts at it when most do.17,18 In a recent meta-analysis of ran- we call the $100 billion more we are *See footnotes at end of article. domized, case-control, short-term studies,

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5201 exposure to media violence caused, on the even though South African whites were a served homicide trends. For further details average, a significant increase in children’s prosperous, industrialized Western society.8 regarding the testing of the hypothesis, I aggressiveness as measured by observation of Amidst the hostile tensions between the Af- refer the reader to the published monograph 8 their spontaneous, natural behavior fol- rikaner and English white communities, it and commentary.25 lowing exposure (P<.05).19 was generally conceded that any South Afri- A comparison of South Africa with only NATURAL EXPOSURE TO TELEVISION AS A CAUSE can television broadcasting industry would the United States could easily lead to the OF AGGRESSION AND VIOLENCE have to rely on British and American im- hypothesis that US involvement in the Viet- In 1973, a small Canadian town (called ports to fill out its programming schedule. nam War or the turbulence of the civil rights ‘‘Notel’’ by the investigators) acquired tele- Afrikaner leaders felt that that would pro- movement was responsible for the doubling vision for the first time. The acquisition of vide an unacceptable cultural advantage to of homicide rates in the United States. The television at such a late date was due to the English-speaking white South Africans. inclusion of Canada as a control group pre- problems with signal reception rather than Rather than negotiate a complicated com- cludes these hypotheses, since Canadians promise, the Afrikaner-controlled govern- any hostility toward television, Joy et al 20 likewise experienced a doubling of homicide ment chose to finesse the issue by forbidding investigated the impact of television on this rates without involvement in the Vietnam television broad-casting entirely. Thus, an virgin community, using as control groups War and without the turbulence of the US entire population of 2 million whites—rich two similar communities that already had civil rights movement. and poor, urban and rural, educated and television. In a double-blind research design, When I published my original paper in 1989, uneducated—was nonselectively and abso- a cohort of 45 first- and second-grade stu- I predicted that white South African homi- lutely excluded from exposure to television dents were observed prospectively over a pe- cide rates would double within 10 to 15 years for a quarter century after the medium was riod of 2 years for rates of objectively meas- after the introduction of television in 1975, introduced into the United States. Since the ured noxious physical aggression (eg, hit- the rate having already increased 56% by ban on television was not based on any con- 1983 (the most recent year then available). 8 ting, shoving, and biting). Rates of physical cerns regarding television and violence, aggression did not change significantly As of 1987, the white South African homicide there was no self-selection bias with respect rate and reached 5.8 homicides per 100,000 among children in the two control commu- to the hypothesis being tested. nities. Two years after the introduction of white population, a 130% increase in the To evaluate whether exposure to television homicide rate from the rate of 2.5 per 100,000 television, rates of physical aggression is a cause of violence, I examined homicide among children in Notel had increased by in 1974, the last year before television was in- rates in South Africa, Canada, and the troduced.27 In contrast, Canadian and white 160% (P<.001). United States. Given that blacks in South In a 22-year prospective study of an age co- US homicide rates have not increased since Africa live under quite different conditions 1974. As of 1987, the Canadian homicide rate hort in a semirural US county (N=875), than blacks in the United States, I limited 21 was 2.2 per 100,000, as compared with 2.5 per Huesmann observed whether boys’ tele- the comparison to white homicide rates in vision viewing at age 8 years predicted the 100,000 in 1974.28 In 1987, the US white homi- South Africa and the United States and the cide rate was 5.4 per 100,000, as compared seriousness of criminal acts committed by total homicide rate in Canada (which was age 30. After controlling for the boys’ base- with 5.8 per 100,000 in 1974.29 (Since Canada 97% white in 1951). Data analyzed were from and the United States became saturated with line aggressiveness, intelligence, and socio- the respective government vital statistics economic status at age 8, it was found that television by the early 1960s, it was expected registries. The reliability of the homicide that the effect of television on rates of vio- the boys’ television violence viewing at age 8 8 data is discussed elsewhere. lence would likewise reach a saturation significantly predicted the seriousness of the Following the introduction of television point 10 to 15 years later.) crimes for which they were convicted by age into the United States, the annual white 30 (P<.05). It is concluded that the introduction of tel- homicide rate increased by 93%, from 3.0 evision in the 1950s caused a subsequent dou- In a retrospective case-control study, homicides per 100,000 white population in 22 bling of the homicide rate, i.e., long-term Kruttschnitt et al compared 100 male fel- 1945 to 5.8 per 100,000 in 1974; in South Africa, ons imprisoned for violent crimes (eg, homi- childhood exposure to television is a causal where television was banned, the white factor behind approximately one half of the cide, rape, and assault) with 65 men without homicide rate decreased by 7%, from 2.7 a history of violent offenses, matching for homicides committed in the United States, homicides per 100,000 white population in or approximately 10,000 homicides annually. age, race, and census tract of residence at 1943 through 1948 to 2.5 per 100,000 in 1974. As age 10 to 14 years. After controlling for Although the data are not as well developed with US whites, following the introduction for other forms of violence, they indicate school performance, exposure to parental vi- of television into Canada the Canadian homi- olence, and baseline level of criminality, it that exposure to television is also a casual cide rate increased by 92%, from 1.3 homi- factor behind a major proportion—perhaps was found that the association between adult cides per 1,000 population in 1945 to 2.5 per criminal violence and childhood exposure to one half—of rapes, assaults, and other forms 100,000 in 1974. of interpersonal violence in the United television violence approached statistical For both Canada and the United States, States.8 When the same analytic approach significance (P<.10).÷ there was a lag of 10 to 15 years between the was taken to investigate the relationship be- All Canadian and US studies of the effect introduction of television and the subse- tween television and suicide, it was deter- of prolonged childhood exposure to television quent doubling of the homicide rate. Given mined that the introduction of television in (2 years or more) demonstrate a positive re- that homicide is primarily an adult activity, the 1950s exerted no significant effect on sub- lationship between earlier exposure to tele- if television exerts its behavior-modifying ef- sequent suicide rates.30 vision and later physical aggressiveness, al- fects primarily on children, the initial ‘‘tele- To say that childhood exposure to tele- though not all studies reach statistical sig- vision generation’’ would have had to age 10 8 vision and television violence is a predis- nificance. The critical period of exposure to to 15 years before they would have been old posing factor behind half of violent acts is television is preadolescent childhood. Later enough to affect the homicide rate. If this not to discount the importance of other fac- variations in exposure, in adolescence and were so, it would be expected that, as the ini- tors. Manifestly, every violent act is the re- adulthood, do not exert any additional ef- tial television generation grew up, rates of 23, 24 sult of an array of forces coming together— fect. However, the aggression-enhancing serious violence would first begin to rise poverty, crime, alcohol and drug abuse, effect of exposure to television is chronic, among children, then several years later it stress—of which childhood exposure to tele- extending into later adolescence and adult- would begin to rise among adolescents, then 8, 25 vision is just one. Nevertheless, the epi- hood. This implies that any interventions still later among young adults, and so on. demiologic evidence indicates that if, hypo- should be designed for children and their And that is what is observed.8 caregivers rather than for the general adult In the period immediately preceding the thetically, television technology had never population. introduction of television into Canada and been developed, there would today be 10,000 These studies confirm what many Ameri- the United States, all three countries were fewer homicides each year in the United cans already believe on the basis of intui- multiparty, representative, federal democ- States, 70,000 fewer rapes, and 700,000 fewer 25, 31 tion. In a national opinion poll, 43% of adult racies with strong Christian religious influ- injurious assaults. Americans affirm that television violence ences, where people of nonwhite races were WHERE TO GO FROM HERE ‘‘plays a part in making America a violent generally excluded from political power. Al- In the war against tobacco, the tobacco in- society,’’ and an additional 37% find the the- though television broadcasting was prohib- dustry is the last group from whom we ex- sis at least plausible (only 16% frankly dis- ited prior to 1975, white South Africa had pect any meaningful action. If someone were 26 believe the proposition). But how big a role well-developed book, newspaper, radio, and to call on the tobacco industry to cut back does it play? What is the effeft of natural ex- cinema industries. Therefore, the effect of tobacco production as a matter of social con- posure to television on entire populations? television could be isolated from that of science and out of concern for the public To address this issue, I took advantage of an other media influences. In addition, I exam- health, we would regard that person as being historical experiment—the absence of tele- ined an array of possible confounding vari- at least simple-minded, if not frankly de- 8, 25 vision in South Africa prior to 1975. ables—changes in age distribution, urbaniza- ranged. Oddly enough, however, people have TELEVISION AND HOMICIDE IN SOUTH AFRICA, tion, economic conditions, alcohol consump- persistently assumed that the television in- CANADA, AND THE UNITED STATES tion, capital punishment, civil unrest, and dustry operates by a higher standard of mo- The South African government did not per- the availability of firearms.8 None provided a rality than the tobacco industry—that it is mit television broadcasting prior to 1975, viable alternative explanation for the ob- useful to appeal to its social conscience. This

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5202 CONGRESSIONAL RECORD — SENATE May 13, 1999 was true in 1969 when the National Commis- nology. It is now feasible to fit a television 8. Centerwall BS. Exposure to television as a cause sion on the Causes and Prevention of Vio- set with an electronic lock that permits par- of violence. In: Comstock G, ed. Public Communica- lence published its recommendations for the ents to preset which programs, channels, and tion and Behavior. Orlando, Fla: Academic Press Inc; 1989;2:1–58. 32 times they wish the set to be available for; if television industry. It was equally true in 9. Meltzoff AN, Moore MK. Newborn infants imi- 1989 when the US Congress passed a tele- a particular program or time of day is tate adult facial gestures. Child Dev. 1983;54:702–709. vision antiviolence bill that granted tele- locked, the set won’t turn on for that time or 10. Meltzoff AN, Moore MK. Imitation in newborn vision industry executives the authority to channel.38 The presence of a time-channel infants: exploring the range of gestures imitated and confer on the issue of television violence lock restores and reinforces parental author- the underlying mechanism. Dev Psychol. 1989;25:954– without being in violation of antitrust ity, since it operates even when the parents 962. laws.33 Even before the law was fully passed, are not at home, thus permitting parents to 11. Meltzoff AN. Infant imitation after a 1-week use television to their family’s best advan- delay: long-term memory for novel acts and mul- the four networks stated that they had no tiple stimuli. Dev Psychol. 1988;24:470–476. intention of using this antitrust exemption tage. Time-channel locks are not merely fea- 12. Meltzoff AN. Imitation of televised models by to any useful end and that there would be no sible, but have already been designed and are infants. Child Dev. 1988;59:1221–1229. substantive changes in programming con- coming off the assembly line (eg, the Sony 13. Meltzoff AN. Memory in infancy. In: Squire LR, tent.34 They have been as good as their word. XBR). Byrne J, Nadel L, Roediger H, Schacter D, Thomp- Cable aside, the television industry is not Closed captioning permits deaf and hard- son R, eds. Encyclopedia of Learning and Memory. in the business of selling programs to audi- of-hearing persons access to television. Rec- New York, NY: Macmillan Publishing Co. Inc; 1992. ences. It is in the business of selling audi- ognizing that market forces alone would not 14. Heller MS, Polsky S. Studies in Violence and make closed-captioning technology available Television. New York, NY: American Broadcasting ences to advertisers. Issues of ‘‘quality’’ and Company; 1976. ‘‘social responsibility’’ are entirely periph- to more than a fraction of the deaf and hard- 15. AC Nielsen Company. Nielsen Report on Tele- eral to the issue of maximizing audience size of-hearing, the Television Decoder Circuitry vision 1990. Northbrook, Ill: Nielsen Media Research; within a competitive market—and there is Act was signed into law in 1990, requiring 1990. no formula more tried and true than violence that, as of 1993, all new television sets (with 16. Flavell JH. The development of children’s for reliably generating large audiences that screens 33 cm or larger, ie, 96% of new tele- knowledge about the appearance-reality distinction. Am Psychol. 1986;41:418–425. can be sold to advertisers. If public demand vision sets) be manufactured with built-in closed-captioning circuitry.39 A similar law 17. Andison FS. TV violence and viewer aggres- for tobacco decreases by 1%, the tobacco in- sion: a cumulation of study results, 1954–1976. Public dustry will lose $250 million annually in rev- should require that eventually all new tele- Opinion Q. 1977;41:314–331. enue.35 Similarly, if the television audience vision sets be manufactured with built-in 18. Hearold S. A synthesis of 1043 effects of tele- size were to decrease by 1%, the television time-channel lock circuitry—and for a simi- vision on social behavior. In: Comstock G, ed. Public industry would stand to lose $250 million an- lar reason. Market forces alone will not Communication and Behavior. Orlando, Fla: Aca- nually in advertising revenue.35 Thus, make this technology available to more than demic Press Inc; 1986;1:65–133. 19. Wood W, Wong FY, Chachere JG. Effects of changes in audience size that appear trivial a fraction of households with children and will exclude poor families, the ones who suf- media violence on viewers’ aggression in uncon- to you and me are regarded as catastrophic strained social interaction. Psychol Bull. by the industry. For this reason, industry fer the most from violence. If we can make 1991;109:371–383. spokespersons have made innumerable prot- television technology available that will 20. Joy LA, Kimball MM, Zabrack ML. Television estations of good intent, but nothing has benefit 24 million deaf and hard-of-hearing and children’s aggressive behavior. In: Williams TM, 30 happened. In over 20 years of monitoring lev- Americans, surely we can do not less for ed. The Impact of Television: A Natural Experiment 35 in Three Communities. Orlando, Fla: Academic els of television violence, there has been no the benefit of 50 million American children. Unless they are provided with information, Press Inc; 1986:303–360. downward movement.36, 37 There are no rec- parents are ill-equipped to judge which pro- 21. Huesmann LR. Psychological processes pro- ommendations to make to the television in- grams to place off-limits. As a final rec- moting the relation between exposure to media vio- dustry. To make any would not only be fu- lence and aggressive behavior by the viewer. J Soc ommendation, television programs should be tile but create the false impression that the Issues. 1986;42(3):125–139. accompanied by a violence rating so parents industry might actually do something con- 22. Kruttschnitt C, Heath L, Ward DA. Family vio- can gauge how violent a program is without lence, television viewing habits, and other adoles- structive. having to watch it. Such a rating system cent experiences related to violent criminal behav- The American Academy of Pediatrics rec- should be quantitiative and preferably nu- ior. Criminology. 1986;24:235–267. ommends that pediatricians advise parents merical, leaving aesthetic and social judg- 23. Milavsky JR, Kessler RC, Stipp HH, Rubens to limit their children’s television viewing ments to the viewers. Exactly how the scale WS. Television and Aggression: A Panel Study. Or- to 1 to 2 hours per day.4 This is an excellent lando, Fla: Academic Press Inc; 1982. ought to be quantified is less important than point of departure and need not be limited to 24. Hennigan KM, Del Rosario ML, Heath L, Cook that it be applied consistently. Such a rating pediatricians. It may seem remote that a TD, Wharton JD, Calder BJ. Impact of the introduc- system would enjoy broad popular support: tion of television on crime in the United States: em- child watching television today can be in- In a national poll, 71% of adult Americans pirical findings and theoretical implications. J Pers volved years later in violence. A juvenile favor the establishment of a violence rating Soc Psychol. 1982;42:461–477. taking up cigarettes is also remote from the system for television programs.40 25. Centerwall BS. Exposure to television as a risk dangers of chronic smoking, yet those dan- It should be noted that none of these rec- factor for violence. A J Epidemiol, 1989; 129:643–652. 26. Harris L. Too much TV violence. Harris Sur- gers are real, and it is best to intervene ommendations impinges on issues of freedom early. The same holds true regarding tele- vey, August 4, 1977. of speech. That is as it should b. It is not rea- 27. Central Statistical Service. Deaths: Whites, vision-viewing behavior. The instruction is sonable to address the problem of motor ve- Coloureds and Asians, 1987. Pretoria, South Africa: simple: For children, less TV is better, espe- hicle fatalities by calling for a ban on cars. Government Printer, 1989. cially violent TV. Instead, we emphasize safety seats, good 28. World Health Organization, World Health Sta- Symbolic gestures are important, too. The traffic signs, and driver education. Simi- tistics Annual, 1989, Geneva, Switzerland: World many thousands of physicians who gave up larly, to address the problem of violence Health Organization; 1989. 29. National Center for Health Statistics, Vital smoking were important role models for the caused by exposure to television, we need to general public. Just as many waiting rooms Statistics of the United States, 1987. Hyattsville, emphasize time-channel locks, program rat- Md: US Department of Health and Human Services; now have a sign saying, ‘‘This Is a Smoke- ing systems, and education of the public re- 1990. Free Area’’ (or words to that effect), so like- garding good viewing habits. 30. Centerwall BS. Young adult suicide and expo- wise a sign can be posted saying, ‘‘This Is a FOOTNOTES sure to television. Soc Psychiatry Psychiatr Television-Free Area.’’ (This is not meant to Epidemiol, 1990; 25:149–153. exclude the use of instructional videotapes.) 1. Rothenberg MB, Effect of television on children 31. Johnson JM, DeBerry MM Jr. Criminal Victim- By sparking inquiries from parents and chil- and youth. JAMA. 1975;234:1043–1046. ization. 1989: A National Crime Survey Report. 2. American Medical Association. Proceedings of dren, such a simple device provides a low- Washington, DC: US Department of Justice; 1990. the House of Delegates, June–July, 1976. Chicago, Ill: 32. National Commission on the Causes and Pre- key way to bring up the subject in a clinical American Medical Association; 1976:280. vention of Violence, To Establish Justice, To Insure setting. 3. Zylke JW. More voices join medicine in express- Domestic Tranquility: Final Report of the National Children’s exposure to television and tele- ing concern over amount, content of what children Commission on the Causes and Prevention of Vio- vision violence should become part of the see on TV. JAMA. 1988;260:1831–1832. lence. Washington, DC: US Government Printing Of- public health agenda, along with safety 4. American Academy of Pediatrics, Committee on fice; 1969: 187–207. seats, bicycle helmets, immunizations, and Communications. Children, adolescents, and tele- 33. Dietz WH, Strasburger VC. Children, adoles- good nutrition. One-time campaigns are of vision. Pediatrics. 1990;85:1119–1120. cents, and television. Curr Probl Pediatr. 1991;21:8– 5. Baker RK, Ball SJ, eds. Violence and the Media: 31. little value. It needs to become part of the A Staff Report to the National Commission on the 34. Clark KR. Antiviolence law won’t bring much standard package: Less TV is better, espe- Causes and Prevention of Violence. Washington, DC: change, networks say. Seattle Times. August 10, cially violent TV. Part of the public health US Government Printing Office; 1969. 1989:F12. approach should be to promote child-care al- 6. Surgeon General’s Scientific Advisory Com- 35. US Bureau of the Census. Statistical Abstract ternatives to the electronic baby-sitter, es- mittee on Television and Social Behavior. Tele- of the United States: 1991. Washington, DC: US Gov- pecially among the poor who cannot afford vision and Growing Up: The Impact of Televised Vio- ernment Printing Office; 1991. real baby-sitters. lence. Washington, DC: US Government Printing Of- 36. Signorielli N, Gross L, Morgan M. Violence in fice; 1972. television programs: ten years later. In: Pearl D, Parents should guide what their children 7. Pearl D, Bouthilet L, Lazar J, eds. Television Bouthilet L, Lazar J, eds. Television and Behavior: watch on television and how much. This is and Behavior: Ten Years of Scientific Progress and Ten Years of Scientific Progress and Implications an old recommendation 32 that can be given Implications for the Eighties. Rockville, Md: Na- for the Eighties. Rockville, Md: National Institute new teeth with the help of modern tech- tional Institute of Mental Health; 1982. of Mental Health; 1982: 158–173.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5203 37. Gerbner G, Gross L, Morgan M, Signorielli N. Parents cannot rely on the content I mean, you really induce, excite, in- The Violence Profile: Enduring Patterns. Philadel- descriptors as currently employed to block phia, Pa: Annenberg School of Communication; 1989. terest children with the rating system. all shows containing violence. There is still It is counterproductive to begin with. 38. Surgeon General’s Northwest Conference on a significant amount of moderate to high- Interpersonal Violence., Report Seattle, Wash: US level violence in shows without content But then the V-chip they talk about is Public Health Service; 1987:93–94. just next to impossible. 39. DuBow S. The Television Decoder Circuitry descriptors. And with respect to children’s Act—TV for all. Temple Law Rev. 1991;64–609–628. programming, the failure to use the ‘‘V’’ Let us go to the constitutional ques- 40. Los Angeles Times Poll. Television sex and vio- descriptor and the rare use of the ‘‘FV’’ tion, Mr. President. It is not the least lence. Poll 196. September 19, 1989. In: Opinion Re- descriptor leads to the conclusion that there restrictive. The family hour is the search Service. American Public Opinion Data. Lou- is no effective way for parents to block out least restrictive. Under the court deci- isville, Ky: Opinion Research Service. 1989. all children’s shows containing violence, V- sions with respect to this interference Mr. HOLLINGS. Mr. President, I am chip or no V-chip. on free speech, it is not that we have limited in time so I am going along: Then finally the Kaiser Family Foun- an overwhelming public interest estab- Following the introduction of television in dation study says: lished, which we have in the record, the United States, the annual white homi- Children would still be woefully unpro- but it has to be the least restrictive. cide rate increased by 93 percent from 1945 to tected from television violence because con- The least restrictive, of course, is that 1974. In Canada during that same period, the tent rating V is rarely used. homicide rate increased 92 percent. that has been tried and true, the fam- So much for: Content, content; give ily hour approach that we have now This is really the clincher, Mr. Presi- it time; give it time to work; and ev- submitted in the amendment. dent: erything else like that. They have no I hope they have enough pride to go In South Africa, where television was not idea of that working. What about the along with what they have all voted. introduced until 1975, the white homicide V-chip? We voted this out in 1995, with only one rate decreased 7 percent between 1943 and If you want to really spend an after- dissenting vote. We voted it out in 1997, 1974; but by 1987, 12 years after television was noon and tomorrow, try to toy with with one dissenting vote. I remember introduced in South Africa, the white homi- this one. I have a V-chip in my hand. I in 1995, the distinguished majority cide rate there had increased by 130 percent. hold it up. You can get them there at leader then, Senator Dole of Kansas, he Mr. Bronfman says it has nothing to Circuit City for $90. do with television. Come on. Give us a Who is going to spend the time to went out there and he gave Holly- break. For those who come around now learn how to use this? Well, they are wood—I hate to use the word ‘‘hell,’’ and say: We are going to have content, not. And 70 percent of those polled who but that is what it is; that is what the V-chip, and everything else, and we use the rating system say they will not newspapers said. He came back on the want everything else, we have the con- buy a V-chip. They are going to trust floor all charged up. tent, we all agree—we did not all agree. the children. So I went to him and I said: Bob, I In fact, NBC, the premium television How are you going to go through the got the bill in. It is on the calendar. network, they didn’t agree to a con- average home that has three sets? You put your name on it, if there is tent-based rating system; it is vol- Can’t you see that mother in the morn- some interest in the authorship or untary. They said: I do not agree with ing chasing around—she has 64 chan- whatever it is, or make any little that, and we are not going to do it. And nels in Washington. It is all voluntary; changes you want to make. I am trying they do not do it. But they are talking it is not required. She does not know to get something done. I have been try- about content. which channel is which. She has this ing with John Pastore since 1969, 30 BET, Black Entertainment Tele- thing. And, wait a minute, she has her years now, to get something done, get vision, another responsible network 18 pages of instructions. So she chases a vote. I said: Let’s go ahead with it. But, group, said: We are not going along around from the kitchen to the bed- no, no, the overwhelming influence of with that. room, down to the children’s room, and Hollywood, it stops us in our tracks. But let’s see what the Kaiser Family she has the 64 programs, and she has The overwhelming influence of the Foundation found out since they have her 18 pages of instructions, and it is NRA, it stops us in our tracks. put in now, for a couple years, the so- complicated because they do not want I agree with Mr. Bronfman. Mr. called content rating system. A 1999 the children to be able to work it. Well, Bronfman is right on target: It is un- study by the Kaiser Family Founda- by gosh, they have succeeded with me. fortunate when the American people, tion found that 79 percent of shows I don’t know how to work it. We tried who really look to their government with moderate levels of violence do not yesterday afternoon when we had a lit- for leadership, they don’t find it, be- receive the content descriptor ‘‘V’’ for tle time. We are going to work on it cause they are bought and sold. violence. Of course, NBC and BET do some more. But I bet you my boots that my grandchildren will learn It is a tragic thing. You cannot get not go along with it. anything done around here. I have got There is the program, ‘‘Walker, quicker than I. I can tell you that right now. They will know how to work this a one-line amendment to the Constitu- Texas Ranger,’’ which appears on the tion to get rid of this cancer: The Con- USA cable channel at 8 p.m. in the blooming thing. It is not going to happen. That was another sop in the 1996 gress of the United States is hereby Washington, DC, area. It included the empowered to regulate or control stabbing of two guards on a bus, an as- telecommunications act. Those on the House side wanted the V-chip. It was spending in Federal elections. With sault on a church by escaped convicts that one line we go back to the 1974 who take people hostage and threaten another putoff, another stonewall. We knew it was impractical. We know it is act. We limit spending per voter. No to rape a nun, and an episode ending cash; everything on top of the table; no where one escapee is shot and another easier to trust your children than to go through this charade and this expense soft money. One line says we can go is beaten unconscious. But the show back. We passed it in a bipartisan fash- did not receive the content descriptor and race around and try to figure out all of these things. ion back in the 1974 act, almost 25 ‘‘V’’ for violence. years ago. We were like a dog chasing This is all in the most recent Kaiser When you have a dial on there, just turn that off. You don’t need a chip. its tail. Family Foundation study. Just turn it off. Tell the children they But if we don’t get rid of that cancer, The Kaiser study also found that no cannot use it. you are not going to get any Congress. programs rated TV-G receive a ‘‘V’’ Well, you say, the children are going This Congress, instead of responding to rating for violence. Moreover, 81 per- to do it anyway. I tell you the truth, the needs of the people with respect to cent of the children’s programming with all these rating things, if I was a spending and paying the bill in the containing violence did not even re- kid and found out that something was budget, with responding to the gun vio- ceive the ‘‘FV’’ rating for fantasy vio- naughty and it was rated where I lence around here where we take legiti- lence. couldn’t see it, just being a child, I mate dealers and say you have to have And then a question. Let me quote would say, well, wait a minute, we are a background, but the illegitimate this one: going to go to Johnny’s house. My par- shows, you say, yesterday afternoon, The bottom line is clear. ents got me, but there is nobody home forget about it, and where today they This is from the Kaiser report: at Johnny’s. We’ll see this thing. want to move to table an amendment

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5204 CONGRESSIONAL RECORD — SENATE May 13, 1999 that works in England and Europe, watching television, during family with no television. Somebody decided down under, New Zealand, Australia hour, and describe that that period will to do a study. They did a study concur- and everything else. Why not? Because not contain excessive amounts of vio- rent with this community never having we want that support from out there lence on television. Surely we can en- had television now receiving television with that group. tertain adults without hurting our for the first time. They did a double Of course, I think they own the mag- children. That is all this amendment blind study and selected two other azines, the broadcasters, the Internet; says. towns and then this community. Then they own each other. I can’t keep up Is it old-fashioned? Yes, it goes back they measured young people’s behav- with the morning paper, who owns ev- to a time when we actually had a sort ior. erything, but they are all owning each of understanding. During certain peri- I want to describe to you what they other. There is a tremendous, over- ods of the evening, during family time, learned because it is exactly what you whelming influence for money, money, during times when you would expect would expect: Television affects behav- money. It is tragic, but it is true. children to watch television, you won’t ior. Violent television affects behavior. We have to sober up here and start have excessive acts of violence on tele- In the double blind research design, passing some good legislation that peo- vision programming. Is that so ex- first and second grade students were ple have been crying out for—the Par- treme? Is that censorship? No, of observed prospectively over a period of ent-Teacher Association, National Edu- course not. 2 years for rates of objectively meas- cation Association, American Medical Let me read you some information. ured noxious physical aggression, such Association, American Psychiatric As- Before I do, let me mention, I said last as hitting, shoving, biting, et cetera. sociation, with the 18 hearings that we night that by the time a young person The rates of aggression did not change have had, 300 formative studies, over graduates from high school, they have in the two communities who had had 1,000 different articles. Yet they say, watched 12,500 hours of television. Ex- television all along. Their rate of ag- well, wait a minute, that is on content. cuse me, let me change that. They have gression was the same. But that com- Let’s see with the V-chip that is com- sat in a classroom, 12,500 hours in a munity that just received television in ing in July. They know it is a stone- school classroom, and they have 1973, which had been dark all those wall. watched 20,000 hours of television. years because they could not get recep- Mr. President, I yield such time as They are, regrettably, in many cases tion, they get television now, it is a necessary to the distinguished Senator much more a product of what they new thing, and guess what happens? from North Dakota. have seen than what they have read. The rates of physical aggression among Mr. DORGAN. Mr. President, I am Let me read some statistics about what their children increased by 160 percent. pleased and proud to join my colleague, they are seeing on these television pro- The other two communities didn’t Senator HOLLINGS of South Carolina, as grams. change. The community that just a cosponsor of this amendment. I have By the end of elementary school, the began to receive television had a sub- worked with Senator HOLLINGS since American Medical Association reports stantial increase in the rate of aggres- 1992 on this subject in the Commerce from their studies, the average Amer- sion among their children. Committee. We have had hearing after ican child has watched 8,000 murders on What does that say? It says what we hearing. This is a very big issue. We television and 100,000 acts of aggressive all know: Television affects behavior. are proposing a baby step on a very big violence. That is by the end of elemen- At one of our hearings, we had testi- issue. It is likely that this baby step tary school. By age 18, these numbers, mony that said—do you remember the that we propose to take will be turned of course, have jumped, 112,000 acts of old ‘‘Teenage Mutant Ninja Turtles’’ down by the Senate. We will see. violence, and by age 18, the average program? There was Leonardo, Maybe I will be surprised today. I hope young American has watched 40,000 Donatello, Michelangelo and—perhaps I will. But if the past is prologue, we murders on television. the Senator from South Carolina can will likely see the Senate decide it is Now, one can make the point that it name the fourth. It’s Raphael, I think. not time or the amendment is not right doesn’t matter, it is irrelevant, and So you have four turtles, and they have or any one of 1,000 excuses. this doesn’t affect anybody. I am not sticks and they are beating up each If ever there was an example of when saying that just because when some- other. It is interesting. all is said and done, more is said than body sees an act on violence on tele- We had testimony before the Com- done, if ever there was an example of vision, they rush out the door and commerce Committee that ‘‘Teenage Mu- that, it is on this subject. We have mit an act of violence on somebody tant Ninja Turtles’’ had to be produced thousands of studies. We have had hun- else. But I am saying that the media two ways. One, with all of the full fla- dreds of hours of debate, many pro- have a profound influence on our lives. vor of the hitting and the sticks and all posals. Almost nothing happens. People spend $200 billion a year adver- of the things they were doing. And, sec- Will Rogers said something once in- tising precisely because they feel it ond, they had to clean it up and tone it structive, it seems to me. He said: makes a difference—it makes a dif- down because in some foreign markets When there is no place left to spit, you ference in terms of what people wear, they would not allow it to be imported either have to swallow your tobacco what songs they sing, how they act, into their television sets with that juice or change with the times. what kind of chewing gum they buy. It level of violence because they didn’t On this subject, I say to my col- works—except when it comes to vio- want the kids to see that. So you make leagues, it is time to swallow your to- lence, we are told it is irrelevant and it it at one level of aggression and vio- bacco juice. There is no place left to doesn’t matter. lence for the U.S. market and then spit on this issue. I would like to call my colleagues’ clean it up a bit so some of the foreign Let me give you some statistics. As a attention to one little community in children aren’t exposed to that. parent, I am pretty acutely aware, but Canada. I have never been there; I I thought that was interesting be- I have a 12-year-old son and a 10-year- never heard of it before, in fact. But a cause it describes, it seems to me, an old daughter. We have a couple tele- fascinating study was done in this attitude here. The attitude has been: vision sets, and they have switches on town. It is a town called Notel, Canada. Let’s keep pushing the limits. I think, the sets. We try very hard to make In 1973, this small community acquired as I said yesterday, television has some sure they are not watching inappro- television for the first time. It wasn’t wonderful things on it. I laud those priate television programming, but I because this little Canadian town never people who produce it. Some things I tell you, it is hard. There is a lot com- wanted television; that wasn’t the see are so wonderful and beautiful. I ing through those sets at all hours of problem. The problem was that they watch some of these channels. I have the day and night. had signal reception problems that mentioned Discovery, the History Senator HOLLINGS and I say, let us at could not be solved and so they didn’t Channel, and so many other things. least describe a block of time or have get television until much, much later. Yes, the broadcast channels produce the Federal Communications Commis- They didn’t have any hostility to tele- things I believe are wonderful as well. sion describe a period of time during vision; they just didn’t get it. You had But I also have the right, believing which children are expected to be this little ‘‘island,’’ this little town that and saying that, to say there is

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5205 also a lot of trash. The first amend- It seems to me that we ought to de- eras and put them in the cop’s car. I ment gives people a right to produce cide now, to the extent that we can guess what they are doing is probably trash as well. But is the first amend- help parents better supervise children’s contracting with the police someplace, ment an impediment for us to say to viewing habits, that we can tell broad- and then they are off and showing traf- broadcasters that there are certain casters, and tell the FCC that we want fic arrests and drug arrests. The other times in our living rooms, when our broadcasters to know, there is a period night, I saw a case where a fellow was children are going to be expected to be of time when they are broadcasting in the front seat of the police car with watching television, that we ought to shows into our living rooms that we a camera for a television show. And be able to expect a menu of television want the violence to be reduced in that they engaged in a high-speed chase of a programming that is free from exces- programming so as not to hurt our drunk driver. The result, of course, was sive violence? Is that an unreasonable children. That is not unreasonable. that at the end of the chase there was proposition? I don’t think so. That is the most reasonable, sensible a dead, innocent driver coming the The evidence, as described by the thing in the world. We did it before in other direction hit by the drunk. Senator from South Carolina, is so this country; we ought to do it now. We My mother was killed by a drunk clear. After a couple of decades of re- have done it for obscenity, and we driver. My mother was killed in a high- search, the National Institutes of Men- ought to do it for violence. The Su- speed police chase. tal Health concluded: preme Court has ruled that there is a I have spent years in the Congress The great majority of studies link tele- period of time when certain kinds of proposing legislation dealing with vision violence and real life aggression. obscenities and language ought not to drunk driving with high-speed pursuits The American Psychological Associa- be allowed to be broadcast because and other things. I have also prepared tion’s review of research was conclu- children will be watching or listening. legislation recently dealing with this sive. They said: And the Supreme Court has upheld question of whether our police depart- The accumulated research clearly dem- that. The Supreme Court will uphold ments should contract with television onstrates a correlation between viewing vio- this. Again, I say, this is a baby step stations, having people with television lence and aggressive behavior. forward. cameras riding in the police car, of You can throw these studies away Now, let me quote, if I might, the At- which the conclusion, incidentally, to a and say it doesn’t matter, that it is torney General of the United States, high-speed chase must be, it seems to psychobabble. But, of course, we all who testified at the Senate Commerce me, to go ‘‘get their man’’ because that know it is not. Every parent here un- Committee hearing. is going to make a good conclusion to derstands that this is real. She said: the television program. The answer to I mentioned last evening that if I am not at this hearing as a scientist. I me, though, is absolutely not. someone came to the door of my col- am here as Attorney General who has been If they want to put a television cam- league, the Senator from Kentucky, or concerned about the future of this country’s era in a police car for the entertain- the Senator from South Carolina, and children and as a concerned American who is ment of people on some television net- you had children in your living room fed up with excuses and hedging in the face work, then I think we ought to subject playing and you had a television set of an epidemic of violence. When it comes to them to a very substantial liability these studies about television violence, I that was turned off and somebody think we are allowed to add our common when somebody gets hurt as a result of knocked on the door and said: We have sense into the mix. it. I am, frankly, a little tired of turning some entertainment for your kids; I She continues: have a rental truck here and we have on television and seeing television Any parent can tell you how their children props and some set designs and I have mimic what they see everywhere, including news cameras moving down the high- some actors; I would like to bring them what they watch on television. Studies show ways and above the highway recording into your living room and put on a lit- children literally acting out and imitating high-speed chases, because they think tle play for your children. So you in- what they watch. The networks themselves it is excitement that people want to vite them into your living room and understand this point very well. They have see. I am flat sick of seeing programs they put on a play. They pull knives run public service announcements to pro- in which television network programs and stab each other, they pull pistols mote socially constructive behavior. They are riding with members of the police and shoot each other, and they beat announce that this year’s programs featured force because they can maybe record a reduced amount of violence, and they each other bloody—all in the context of boosted episodes encouraging constructive some violence for people who want to this dramatic play, this mayhem and behavior in each instance. Then they endorse see. That is not entertainment, in my violence. And your children are watch- the notion that television can influence how judgment. That is just more trash on ing with eyes the size of dinner plates. people act. television. I know some people like to Would you, as a parent, sit there and She says, further quoting her: watch it. But I happen to think people say that it doesn’t matter, that is fine, As slogans go, I fear that ‘‘Let the parents die as a result of it. Innocent people die thanks for bringing this play into my turn off the television’’ may be a bit naive as as a result of it, and I think it ought to living room? I don’t think so. I think a response to television violence, especially stop. you would probably call the police and when you consider the challenge that par- But this issue of violence on tele- say: I have a case of child abuse in my ents face in trying to convince children to vision is something that Senator HOL- living room. Shame on you for bringing study hard, behave and stay out of trouble. LINGS from South Carolina has been at Supreme Court Justice John Paul Stevens it for a long time. We just had a man that into my living room. compared this argument to saying that the Well, it is brought into our living remedy for an assault is to run away after come to the Chamber a bit ago, Sen- rooms every day, in every way, with the first blow. Indeed, many parents don’t ator Paul Simon from Illinois. He is the touch of a button. Some say, well, want to have to turn the television set off. not a member of this body anymore. He the solution to that is to turn the TV They want to expose their children to the retired. But he also joined us years set off. Absolutely true. There isn’t a good things television can offer, like edu- ago. In fact, he was one of the earliest substitute for parental responsibility. cation and family-oriented programs. ones who talked about this issue. This But as a parent, I can tell you it is in- I have watched television for a long issue has been around since the 1960s, creasingly difficult to supervise the time and have seen much good and and has been discussed among families viewing habits of children. much that concerns me. I have seen in for all of this decade. I introduced the first legislation in most recent years an increasing desire With respect to the efforts of the the Senate on the V-chip. I introduced to create sensationalized violence and Senator from South Carolina, and, as I it twice, in 1993 and in 1994. It is now intrigue in entertainment, most nota- indicated, the proposal that he and I law. The V-chip will be on television bly the shows about the police and the offer today to simply allow the FCC sets, but it will be a while before al- rescue missions. the authority to describe a period of most all television sets have them. When I turn it on these days, there is time in the evening that would be de- Hopefully, that will be one tool to help one network that is particularly egre- scribed as family viewing hours is a parents, but it will not be the solution, gious. They have all kinds of shows baby step forward. Those who come to just a tool. where they get their television cam- this Chamber and say that they can’t

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5206 CONGRESSIONAL RECORD — SENATE May 13, 1999 take this baby step, you can make ex- that 77 percent of parents said that if tem will ever be perfect. However, we do be- cuses forever. You can make excuses they had a V-chip in their home they lieve this revised system more closely ap- for the next 10 years, as far as I am would use the technology. With the proximates what the Congress and American concerned. You defy all common sense rating system and the V-chip, each parents had in mind when the V Chip legislation became the law of the land. if you say you can’t take this baby family can create their own individual- step. The only reason you can’t take ized family viewing system. It must also be remembered that develop- this step is because there are a bunch I think that would work a lot better ment of a ratings system is only the first in- of other big interests out there press- in protecting children than the amend- stallment of the promise the Congress made to American parents. Until the V Chip is ing on you saying we want to make ment we are considering. readily available in the marketplace, parents money continuing to do what we are Mr. DORGAN. Mr. President, will the will have information, but not the means to doing. What they are doing is hurting Senator from Vermont yield for a ques- act on it by blocking from their homes pro- this country’s kids. tion? grams they consider inappropriate for their As I said when I started, surely we Mr. LEAHY. Certainly. children. Therefore: ought to be able to entertain adults in Mr. DORGAN. It is a very brief ques- (1) We will recommend to the FCC that it this country without hurting our chil- tion. move expeditiously to find the revised guide- dren. And this is one sensible step that As the Senator knows, I was the lines to be ‘‘acceptable’’ as defined by the we can take. We did it before some original sponsor of the V-chip that was Telecommunications Act. Moreover, we be- years ago. We ought to do it again. It first introduced in the Senate. The lieve this should be the FCC’s universally does no violence to the first amend- Senator from Vermont is describing an mandated system for television set manufac- ment. It seems to me that it offers agreement. I am curious. The Senator turers to follow in putting V Chips into tele- common sense to American families. mentioned a few of the outside groups vision sets sold in this county; Mr. President I yield the floor. who are party to the agreement. Which (2) To allow prompt and effective imple- The PRESIDING OFFICER. Who Senators were a part of that agree- mentation of the revised parental guidelines yields time? ment? I was the original sponsor of the system, we believe there should be a substan- Mr. LEAHY. Mr. President, I ask the V-chip. I wasn’t a part of that agree- tial period of governmental forbearance dur- ment. ing which further legislation or regulation distinguished Senator from Utah to concerning television ratings, content or yield to me 10 minutes. Mr. LEAHY. One of the reasons I scheduling should be set aside. Parents, the Mr. HATCH. I would be happy to didn’t want to interrupt the Senator industry, and television set manufacturers yield 10 minutes to the distinguished when he was speaking was that I want- will need time for this revised system to Senator from Vermont. ed to hear his whole statement. If he take hold in the marketplace. The industry The PRESIDING OFFICER. The Sen- would allow me to finish so that he will need time to adjust to the new guide- ator from Vermont. may hear—— lines and then apply them in a consistent Mr. LEAHY. Mr. President, I have Mr. DORGAN. Will the Senator yield manner across myriad channels. Set manu- talked with the distinguished sponsor for a question? facturers will need to design user friendly, V of this amendment, the Senator from Mr. LEAHY. I will indicate who the Chip equipped sets and bring them to mar- Senators were, because the Senator ket. And most important, parents will need South Carolina, Mr. HOLLINGS, with several years to utilize all the tools given to whom I have had the privilege to serve knows all of them well: Senator HATCH, them so that they may act to control their for 25 years—he has been here longer the distinguished chairman of the Judi- children’s television viewing. Additional than that—and also with my distin- ciary Committee; Senator LOTT, the government intervention will only delay guished friend from North Dakota, who distinguished majority leader; Senator proper implementation of the new guideline has just spoken. DASCHLE, the distinguished Democratic system. Mr. President, as I told the distin- leader; Senator MCCAIN, and others. I This has been a long and difficult process. guished Senator from South Carolina, I will give the Senator all of the names, We acknowledge that any system should in- will have to oppose the amendment be- but those are the ones who come to deed be voluntary and consistent with the cause of an agreement I made with a mind initially. First Amendment. That is why we believe number of the industry groups a couple Mr. DORGAN. I wonder. Could I have the voluntary agreement that has been of years ago. I believe that agreement a dialogue about that following the reached, coupled with forbearance on further governmental action as described above, is is still appropriate today. It is an statement? I don’t intend to interrupt the best way to proceed in order to balance agreement that brought about a com- the statement. The Senator from legitimate First Amendment concerns while promise between Senators and industry Vermont mentioned five. There are 100 giving American parents the information to try to work them out, as we have Senators. It would be good to have a di- they need in order to help them supervise with a number of other things, in a co- alog about that following the Senator’s their children’s television viewing. operative way, whether it is with legis- statement. Sincerely, lation or legislative fiat. It involved a Mr. LEAHY. I will be glad to put it in John McCain; Conrad Burns; Patrick V-chip. I wanted to give the V-chip a the RECORD. I ask unanimous consent Leahy; Carol Moseley-Braun; Tom Daschle; Dan Coats; Orrin Hatch; Bar- to have printed in the RECORD the let- fair chance to work in the market- bara Boxer; Trent Lott. place, because I felt that technology ter of July 8, 1997, signed by Senators, was rapidly changing, and working in MCCAIN, BURNS, LEAHY, Moseley- JULY 10, 1997. the marketplace might be a lot better Braun, DASCHLE, Coats, HATCH, BOXER, than legislation that almost fixes tech- LOTT, as well as the numerous names I The attached modifications of the TV Pa- nology where it is. I am enough of the mentioned, such as the American Acad- rental Guideline System have been developed old school that having made a commit- emy of Pediatrics, the National Asso- collaboratively by members of the industry ciation of Elementary and School Prin- and the advocacy community. We find this ment I am not going to go back on it. combined age and content based system to The American Medical Association, cipals, and others who signed. I will be acceptable and believe that it should be the American Academy of Pediatrics, give copies to the distinguished Sen- designated as the mandated system on the V- the National PTA, the National Edu- ator from North Dakota. chip and used to rate all television program- cation Association, the Center for There being no objection, the mate- ming, except for news and sports, which are Media Education, the American Psy- rial was ordered to be printed in the exempt, and unedited movies with an MPAA chological Association, the National RECORD, as follows: rating aired on premium cable channels. We urge the FCC to so rule as expeditiously as Association of Elementary School U.S. SENATE, possible. Principals, the Children’s Defense Washington, DC, July 8, 1997. Fund, and others agreed in writing on DEAR COLLEAGUE: The television industry We further believe that the system de- July 10, 1997, to allow the V-chip sys- and leading parent groups have agreed on a serves a fair chance to work in the marketplace to allow parents an opportunity to un- tem to proceed unimpeded by new leg- series of improvements to the Television Pa- rental Guidelines System that will substan- derstand and use the system. Accordingly, islation so that we could see how it tially enhance the ability of parents to su- the undersigned organizations will work to: works. pervise their children’s television viewing. educate the public and parents about the V- Just last week, the Kaiser Family Given human subjectivity and the sheer chip and the TV Parental Guideline System; Foundation released a poll showing volume of television programming, no sys- encourage publishers of TV periodicals,

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5207 newspapers and journals to include the rat- tunity to understand and use the V-chip sys- which goes even beyond the three in ings with their program listings; and evalu- tem. I continue to believe that legislation the Continental United States. ate the system. Therefore, we urge govern- such as S. 876 would undermine the intent of Under the longstanding law, satellite mental leaders to allow this process to pro- the agreement we signed on July 10, 1997. carriers cannot alter the signals they ceed unimpeded by pending or new legisla- Sincerely, are given which are authorized under a tion that would undermine the intent of this KATHRYN MONTGOMERY, Ph.D, agreement or disrupt the harmony and good President. compulsory license. Depending on how faith of this process. Mr. LEAHY. Obviously, our signing long the family time period is, it may Motion Picture Association of America such a letter does not bind the distin- be impossible for satellite carriers to National Association of Broadcasters guished Senator from North Dakota comply because they are required to National Cable Television Association nor the distinguished Senator from use a national feed from distant sta- American Medical Association South Carolina, as he and I have dis- tions. For example, on the west coast, American Academy of Pediatrics the time is earlier than the east coast, American Psychological Association cussed. I do feel having stated my commitment binds me. As the Senator where a lot of the programming origi- Center for Media Education nates. With the uplink of station WOR Children’s Defense Fund from North Dakota knows, I have a Children Now reputation of once having given a com- in New York or WGN in Chicago, an National Association of Elementary School mitment I never go back on it. I do not hour later, they are going to be in non- Principal suggest that he or anybody else is compliance with this amendment on National Education Association bound by the agreement that we the west coast. National PTA worked out to give the V-chip a One option for them would be for sat- chance. I am suggesting that I assume ellite TV carriers to black out pro- MAY 12, 1999. the Senators who did sign on to that gramming on the west coast or simply Hon. TOM DASCHLE, would feel that way. take the programming in the east Minority Leader, U.S. Senate, coast and shift it to very late hours, Washington, DC. What we want to do is what I still DEAR SENATOR DASCHLE: We are contacting want to do. I commend the Senators extremely late hours for east coast you on an urgent matter regarding the Juve- who worked on developing the V-chip, viewers, which is the allowed hour for nile Justice Bill now before the Senate. Sen- to allow families to create their own west coast viewers. ator Hollings’ ‘‘safe harbor’’ amendment individualized family viewing system. I Frankly, I think use of the V-chip al- runs counter to the television ratings/V-Chip did this when my children were young lows parents to block out what they approach developed two years ago. by reading reviews and determining want and will work much better than In July, 1997 together with members of the what they should or should not watch blocking out entire time zones in the non-profit and advocacy community we de- or read. United States. veloped the combined age and content based I want to also note that two-thirds of rating system. At that time, you and a num- Now 50 percent of the new TVs will ber of your colleagues agreed to a substan- have the V-chip by July 1 of this year; American households have no children tial period of governmental forbearance so 100 percent of the new TVs will have under the age of 18. If this amendment that the V-Chip television rating system the V-chip by January of next year. were enacted, American television could have a chance to work in the market- That is why Senators HATCH, LOTT, viewers of all ages would lose control place. There is evidence that this strategy is DASCHLE, MCCAIN, and others signed over the programming available to paying off. Just this week, the Kaiser Fam- this letter, so we can ensure that the them. I repeat, two-thirds of American ily Foundation released a poll showing that industry has guidelines and ratings and households have no children under the 77% of parents said that if they had a V-Chip age of 18. in their home, they would use the tech- TV manufacturers will install V-chips. nology. By doing that we move the ball forward There are, I believe, serious constitu- Since the first V-Chip television set will very quickly. The TV manufacturers, tional problems with this amendment. arrive on the marketplace in July, we should as they promised us, are getting the I get very concerned about the Federal allow parents an opportunity to understand job done. Government or any Federal Govern- and use the system before moving too quick- I want to live up to my signed comment agency policing the content of ly on further legislation. We hope you will mitment with the other Senators. I TV programming. support the freedom of parents to use their want to live up to the expectations of For example, there would be a $25,000 own discretion—and the V-chip—when decid- the AMA, the National PTA, the Chil- fine for each day there is violent video ing what programs are appropriate for their programming. Is one gunshot in a show families. Therefore, we urge you to vote to dren’s Defense Fund, and the other table the Hollings amendment. groups I mentioned. TV parental guide- considered violent programming? What Sincerely, lines and the V-chip give parents the about two? What if it is a history show JACK VALENTI, tools to determine the programming that shows the assassination of a Presi- President & CEO, Mo- children may watch. dent or a world leader? Is that vio- tion Picture Associa- In addition, Charles Ergen, the CEO lence? tion of America. of EchoStar, said this could have seri- I am reminded of the old joke of reli- DECKER ANSTROM, ous unintended impacts. Echo-Star gious leaders of different faiths getting President & CEO, Na- gives parents who subscribe to satellite together and they wanted to start the tional Cable Tele- vision Association. service a powerful tool. His V-chip not meeting with a prayer, but they EDWARD O. FRITTS, only allows parents to block out R- couldn’t agree on a prayer so they had President & CEO, Na- rated shows, but they can block out to cancel the conference. tional Association of shows based on specific concerns about I worry once again that we denigrate Broadcasters. language, drug use, violence, graphic the role of parents, especially the violence, sexuality, or other consider- amendment which considers parents al- CENTER FOR MEDIA EDUCATION, ations they might have. most irrelevant to the development of Washington, DC, May 12, 1999. Under this amendment, even though children. I have been blessed to be mar- Hon. TOM DASCHLE, they have done all that to cooperate ried for 37 years this year, and I have Minority Leader, U.S. Senate, Washington, DC. with us, Echo-Star would be punished three wonderful children. My wife and I DEAR SENATOR DASCHLE: In July, 1997, to- because they use national feeds and took a very serious interest in what gether, with members of the entertainment they transmit signals across time movies they saw, what TV programs industry, we developed the combine age and zones. They transmit not only into they watched, what books they read. content based rating system. I favor this sys- Kentucky or Vermont but in Cali- We tried to guide them the right way. tem and believe that it deserves a fair fornia, Oregon, Ohio, and everywhere I like the idea that both my wife and I chance to work in the marketplace. in between. They go across the three were making those decisions and not This week, the Center for Media Education time zones of this country. They pro- somebody else. Someone else might announced a national campaign to educate parents about the V-Chip TV Ratings sys- vide the programming for multiple have different moral values, might tem. The first V-chip televisions will arrive time zones at once on a national basis. have a different sense of what was ap- in the marketplace in July. I urge govern- I assume they probably do it in the propriate and what is not appropriate. mental leaders to allow parents an oppor- time zones of Alaska and Hawaii, I really didn’t want to turn it over to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5208 CONGRESSIONAL RECORD — SENATE May 13, 1999 the hands of a government agency— from South Carolina as a close per- ready have a description that says if local, State, or Federal. I felt that was sonal friend—both he and his wife are you are a television broadcaster you my responsibility, a responsibility that very close personal friends of my wife cannot, at 7:30 in the evening, broad- I considered one of the most important and myself—he has been a mentor to cast the seven dirty words. You cannot roles I had as a parent. me. So I commend him for what he has do that. Why? Because we have decided I also think if we let the government done. certain things are inappropriate and do it, let the government take over the I mention all this because he is not a the Supreme Court has upheld our ca- parenting, then if something goes newcomer to the debate. He has been a pability of doing that through the Fed- wrong, we blame them. It is harder to parent of this debate. I do not want eral Communications Commission. deal with issues such as bad parenting anybody to lose sight that we all are in It is also inappropriate, and we used and lack of parental supervision if we this together in this regard. If we have to think as a country that it was, to can only blame ourselves, but that young children—mine are now grown, broadcast excessively violent programs should be our responsibility as parents, but I assume it would be the same atti- in the middle hours of the evening first and foremost. It was the responsi- tude as towards grandchildren—there when children are watching. The Sen- bility of my parents when I grew up in are things on television, just as there ator from South Carolina and I simply Vermont and the responsibility of my are in the movies, that we do not want want to go back to that commonsense wife and I as our children grew up. our children to see. Most of us do not standard. Suggesting somehow that we I don’t know how the government want to see them ourselves, but we cer- have no capability or no interest in de- steps into the shoes of parents by in- tainly do not want the children to see termining what some broadcaster volving our government in the day-to- them. I think the system we have set somewhere throws into America’s liv- day regulation of the contents of tele- up is one that is working. I would love ing rooms is just outside the debate vision shows, movies, or other forms of to see something done in a cooperative about what is real. What is real is we speech. I recently visited a country way. have a real responsibility. That is what which is one of the last of the countries It is moving rapidly forward. If that is being addressed by the amendment with such restrictions. I prefer we could be done without the hand of Gov- offered here by the Senator from South make those choices. Parents should be ernment on it, it would make the Sen- Carolina. able to use the V-chips offered by sat- ator from Vermont far more com- Again, it is a baby step. I do not want ellite TV providers and by TV manu- fortable. If they are unable to move anybody to be confused that somehow facturers to block out programming forward, if they do not utilize the this is at odds with the V-chip. I intro- they consider offensive for their chil- breathing spell they were given, that is duced the V-chip. This is not at odds dren. one thing. But they seem to be moving with the V-chip. It complements the V- Anything any parents want to block forward during that breathing spell, chip, and this Congress and this Senate out for their child, I don’t care what it and I would like to see that work with- ought to agree to this amendment and is—it could be C-SPAN, with me speak- out a heavy hand. we ought to do it this morning. Several Senators addressed the ing now; if they can even get the chil- I yield the floor. Mr. HOLLINGS. I yield such time as Chair. dren to watch it, they may want to The PRESIDING OFFICER. The Sen- necessary to the Senator from North block that out—that is fine; parents ator from South Carolina. should have that right. Dakota. Mr. HOLLINGS. Mr. President, how Mr. DORGAN. Mr. President, I have I want to remind everyone that the much time do I have remaining? Supreme Court has noted: great respect for the Senator from The PRESIDING OFFICER. The Sen- Laws regulating speech for the protection Vermont. I would not suggest he go ator has 11 minutes and 16 seconds. of children have no limiting principle, and a back on an agreement he made with Mr. HOLLINGS. I yield 3 minutes to well-intentioned law restricting protected anybody. But I do want to make this the distinguished Senator from Min- speech on the basis of content is, neverthe- point clearly. On January 31, 1994, I in- nesota. less, state-sponsored censorship. troduced legislation in the Senate call- The PRESIDING OFFICER. The Sen- So, while I do not support this ing for the V-chip. It was the first leg- ator from Minnesota is recognized for 3 amendment, I do not want my com- islation introduced in the Senate on minutes. ments to be interpreted as backing off the V-chip. Within a year or so, with Mr. WELLSTONE. Mr. President, at all in my pride in the work of Sen- myself, my colleague and others, in- first of all, I just came down after lis- ator HOLLINGS and Senator DORGAN on cluding Senator CONRAD especially, and tening to the debate. I want to ask these issues. They are concerned, and Senator LIEBERMAN, the V-chip passed both my colleagues to put me on as an rightly so, about the content of some the Senate and became law. There is original cosponsor. of the things we see. There are some nothing, no agreement at all for most The second thing I want to say is in things, even if they are shown late at Members of the Senate about some V- this debate we have been having on night, I would not watch and I am 59 chip versus any other restriction on this juvenile justice bill, part of the years old. I was a prosecutor for 9 legislative action. context for this has been the night- years. I went to murder scenes. I saw The letter that was read earlier, that mare of Littleton, CO. That is always, some of the most violent conduct ever. might have been from some people who ever present. I still have nightmares remembering were not necessarily involved in the V- I read a piece the other day—I don’t some of those scenes. I do not want to chip issue. I am the one who introduced even remember the author, I say to my see them replayed. it. There might have been some people colleague from South Carolina—but I There are some, because of their of- who made some commitments to some- thought it was very balanced. The au- fensive nature, I am not interested in. body else that they would not do some- thor made the point: Yes, you want to I do not want to see them, but I will thing. That is their business. If there go after the guns, but you also want to make that decision. But for parents, are 6 or 8 or 10 of them, that is their go after the culture of violence. I think for their help, we would not have the business. But that is not the business we have to do both. Yes, you want to V-chip without the work of the Senator of the other 90 Senators. They have do much more for prevention for kids from South Carolina, the work he and made no such agreement. before they get in trouble in the first his colleagues have done. It is not only This proposal complements the V- place. Yes, I argue, you want to have work, it is agitation, I might say. I can chip. This proposal works with the V- support services and mental health almost repeat some of the speeches the chip. This proposal is not at odds with services. All these pieces go together. Senator gave to push them that far for- the V-chip, and there is no such agree- But if I could ask my colleague very ward. He gives new meaning to the ment I am aware of with almost all briefly, will he just describe this term ‘‘stentorian tones.’’ They are Members of the Senate that we should amendment? Will my colleague just stentorian tones in a clarion call, rare- not take this baby step forward on this briefly describe the very essence of this ly heard anymore in these halls. sensible proposition. amendment? Because it seems to me to I consider myself privileged, over the One more point: This is not content- be very, very mild. I want to be sure I years, not only to have had the Senator based Government involvement. We al- am correct in my understanding.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5209 Mr. HOLLINGS. The essence of the his side and I have somewhere near 42 vision ratings, content, and scheduling amendment is to reinstitute the family minutes on our side. I intend to yield at issue in the V-chip and ratings proc- hour, and during that time have no ex- back some of that time so we can go to ess. It applied to television, movies, cessive, gratuitous violence. That is all a vote on this matter. music, video games, and the Internet. it is. We do that right now with inde- I understand Senator COCHRAN wants At that time yesterday, I recognized cency, constitutionally, at the FCC to take about 10 minutes to speak on my earlier commitment and raised and level. Just say that excessive, gratu- this amendment. I will take a few min- distinguished it. itous violence be treated similarly. It utes now. Therefore, although I find much to is working in the United Kingdom, it is I rise to explain why I will ulti- commend in the amendment of the working Europe and it is working down mately move to table the Hollings Senator from South Carolina, because in Australia. It is tried and true. They amendment today. I struggled with of my prior commitment to forbear want to restore it. To those people who this decision because there is much to from supporting legislation or rec- say they want to restore family values, be commended in my dear friend’s ommendation concerning television here is the family hour. amendment. I have a lot of respect for ratings, content, or scheduling, I be- Mr. WELLSTONE. I think it needs to him. He knows that. I think it is im- lieve I must honor that pledge to my be repeated one more time what a mod- portant we work to make our culture colleagues and vote to table the Hol- erate, commonsense proposal we have safer for our families and for children, lings amendment. here. This is constitutional. This is the and that we make entertainment There is a lot of very bad program- right thing to do. As far as I am con- choices more family friendly. No ques- ming on television in our country cerned, any steps we can take, albeit tion about it. We should certainly work today. I think the satellite viewership small steps, but significant steps that to make television entertainment, problem is a big problem. To make can reduce this violence, that can deal which is so ubiquitous, less coarse, es- someone liable because they have to with this cultural violence, I think is pecially when children are watching. carry the satellite transmission at a absolutely the right thing to do. I add Having said that, I do have a number time that fits within the time con- my support. of concerns with this amendment. straints of this amendment on the west I heard my colleague from Vermont Members of the satellite television in- coast—coming from the east coast, it speaking as a grandfather. Our children dustry, which we are working to make may be in compliance, but the west are all older, but we have children, and more competitive with cable, have ex- coast may not be, and the satellite now grandchildren: 8, 5 and almost 4. pressed concerns with this amendment. transmitter will be liable—is a matter This is the right thing to do. There Because much of the fare on satellites of great problematic concern to me. should be overwhelmingly strong sup- is delivered nationally, they will have I share the same concern my friend port for this proposal. difficulty complying. If a satellite car- from South Carolina shares with re- The PRESIDING OFFICER. Who rier picks up programming on the east gard to what is being televised and on yields time? The Senator from South coast, where much programming origi- the airwaves today, especially during Carolina. nates, it will likely be out of compli- times when young people are watching. Mr. HOLLINGS. Mr. President, I ance, given that fare appropriate for On the other hand, I have a very strong want to retain a little time here for the later hours on the east coast will be commitment to uphold the first closing, but let me go right to the beamed simultaneously across the time amendment and to be very reticent to point with respect to the remarks of zones to viewers on the west coast, and start dictating what can and cannot be my distinguished friend from Vermont. across the country, where obviously it done on network television or on tele- We were not part of any agreement. will be earlier. vision, period. That was another one of those so-called Additionally, opponents of this As for cleaning up the media, we did stonewalls. The significant part of the amendment have raised constitutional have the Brownback-Hatch-Lieberman agreement was the two leaders were on concerns. Although I have not had an amendment. Senators BROWNBACK and it, and the agencies and entities at opportunity to review or visit all of LIEBERMAN have worked long and hard that time were told that was all they these constitutional issues, I do not be- to come up with some solutions that were going to get. You learn in this lieve that the constitutional concerns hopefully will be voluntary, that hope- town to go along with what you can get are clearly right or that opponents fully will resolve these questions. from the leadership. have an open-and-shut constitutional That amendment yesterday was Don’t come down to the floor and say case. I do believe the issues bear care- adopted overwhelmingly. It requires it’s a leadership vote, because the lead- ful consideration. the FTC and Department of Justice to er himself has voted this particular Most of all, I must vote to table this do a comprehensive study of the enter- measure out of the Commerce Com- amendment because of a commitment I tainment industry. It seems to me that mittee on two occasions. He knows the made to my colleagues in 1997 in con- is a very reasonable, important thing need of the V-chip being in all sets, 100 nection with getting the voluntary tel- to do and we ought to get that infor- percent. Wait a minute. The average evision ratings and V-chip systems in mation before we make any final deci- person holds onto his or her television place. At that time, I was approached sions in this area. set at least, they say in the hearings, by a number of colleagues to sign a Also, it had a provision asking the between 8, 10, 12 years—or an average Dear Colleague letter taking a stand National Institutes of Health to study of 10 years. So you have a 10-year pe- against regulating television ratings, the impact of violence and unsuitable riod here. They are not going to re- content, or scheduling until those sys- material on children and child develop- place all the sets. We know this with tems had time to get underway. ment. That brought a lot of angst to a the digital television problem we have. That Dear Colleague letter is dated number of people. Having the FTC look In that light, we want to make abso- July 8, 1997, and was signed by Sen- into these things brought a lot of angst lutely sure we do something, as my dis- ators LOTT, DASCHLE, MCCAIN, LEAHY, to a lot of people. I might add, having tinguished friend from North Dakota as well as myself, and other Repub- the Department of Justice do it has says, that is consonant, helpful, and a licans and Democrats. I made that caused a lot of concern. part of the V-chip, if it will work. We commitment then and I believe I need I think that amendment, including have shown how complicated it is. It is to honor it now. its other provisions on antitrust, will going to be a delayed good, if any at Some may believe that an earlier go a long way toward cleaning up the all. amendment which I supported had a exposure of minors to violent material. I retain the remainder of our time. similar impact. The Brownback-Hatch- I would like to see that work and I The PRESIDING OFFICER. The Sen- Lieberman amendment allowed the in- would like to see these studies done be- ator from Utah. dustry to develop a voluntary code of fore we go this drastically to a solution Mr. HATCH. Mr. President, I should conduct but did not impose any regula- in the Senate. put all Senators on notice that we are tions on the industry. It also was a At the appropriate time I will move just about out of time for debate with comprehensive amendment and had to table the amendment, and I hope my regard to the Hollings amendment on much greater application than the tele- colleagues will support the motion to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5210 CONGRESSIONAL RECORD — SENATE May 13, 1999 table with the commitment from me— think he is a terrific person. But I do say at a certain time we are not going and I think others will make it, too— not want to say that the FCC members to show these violent shows, that that we will continue to revisit this know more about our country’s chil- would be terrific. That would be help- area, because we are all concerned. It is dren than the parents do. So if Govern- ful, and that would mean that the par- not only the province of those who are ment can play the role of giving parents’ job is easier. They don’t have to for this amendment; all of us are con- ents the power to determine what their worry as much as they do now. I agree, cerned about what is happening to our kids watch, I think we are doing the they have to worry plenty now. children in our society today. right thing. As a matter of fact, 2 years I also want to do this because it is I see that Senator COCHRAN has ar- ago that is what we did do. We required very easy to get up here and blast an rived. I yield 10 minutes to Senator that all new television sets have a V- industry. In every industry, there are COCHRAN. chip installed. And 50 percent of all the some positive steps. Even the gun man- Mrs. BOXER. Will the Senator put new sets will have the V-chip by July 1; ufacturers, which I believe are mar- me on that list for 10 minutes when and all the new sets will have it by keting to children, and many of them Senator COCHRAN has finished? January 1. So we are moving to the are not responsible, there are some who Mr. HATCH. I will be happy to do point where all TV sets will have the are selling their guns with child safety that. I suppose the Senator from South V-chip when you buy it. locks, and they are doing it on a vol- Carolina wants to end the debate, and I think it is a smart answer, the V- untary basis. I praise them. As a mat- then I will yield back whatever time I chip, to dealing with the issue of vio- ter of fact, the President had those have remaining at that time. lence on television. It is a chip that al- companies to the White House, and he Mr. President, I ask unanimous con- lows the parents to program what praised them. sent that Senator COCHRAN be given 10 shows their children can and cannot I think we ought to look at some of minutes; immediately following Sen- see. There you have it. Very simply, it the good things the entertainment in- ator COCHRAN, Senator BOXER be given is government doing what I think is dustry is doing for our children. 10 minutes; and immediately following the right thing, giving parents this Viacom, through the Nickelodeon Senator BOXER, Senator SESSIONS be tool, this powerful tool, putting the channel, periodically airs programs to given 10 minutes. Then I will be pre- parents in charge, not the government help children work through violence- pared to yield back the remainder of in charge. related issues. In this example that I our time as soon as the Senator from I worry about going down that path am going to give you, all these exam- South Carolina is through. of giving the FCC or any other agency ples, I am not going to mention PBS, The PRESIDING OFFICER. Without or, frankly, any Senator the power to because they are incredible as far as objection, it is so ordered. The Senator decide what show goes on at what time. producing programs for our children from Mississippi. It is very subjective; it is a path that I that are wonderful. Mr. COCHRAN. Mr. President, I ask think we should avoid. I was sitting watching one of the pro- unanimous consent that I may proceed Now, the Center for Media Education, grams with my grandchild the other as in morning business. which helped develop the TV rating day, and kids were talking to each The PRESIDING OFFICER. Without system and is undertaking a national other, young kids, about 10, 11, about objection, it is so ordered. campaign to educate parents about the the pressures in their lives. It was ter- Mr. COCHRAN. I thank the Chair. V-chip, they do not like this particular rific. I enjoyed it. I think my little (The remarks of Mr. COCHRAN per- proposal that is before us. They say ‘‘it grandson was too young to understand taining to the introduction of S. 1029 would undermine the intent’’ of the it. But for the 9-year-olds, the 8-year- are located in today’s RECORD under voluntary rating system and the V- olds, the 10-year-olds, there are some ‘‘Statements on Introduced Bills and chip. good things. Joint Resolutions.’’) So why would we, 2 years ago, work MTV has ‘‘Fight For Your Rights, Mr. COCHRAN. Mr. President, I very hard, all of us together, to develop Take a Stand Against Violence.’’ It is a thank my distinguished friend from this V-chip and then, in the stroke of a program that gives young people ad- Utah for yielding me time from his devote, if we were to pass the Hollings vice on reducing violence in their com- bate. amendment, undermine what the pur- munities. Now, they also do some The PRESIDING OFFICER. The Sen- pose was of that V-chip? things on there that do not give that ator from California is recognized for Also, the Senate yesterday adopted message. I agree. But are we just going 10 minutes under unanimous consent. the Brownback amendment, and we to bash and bash and bash? Let’s at Mrs. BOXER. Thank you very much, know that is going to launch into an least recognize there are some efforts Mr. President. investigation of the entertainment in- here. It is rare that I disagree with my dustry to see whether it is marketing The Walt Disney Company has pro- wonderful friend, FRITZ HOLLINGS, and to kids violent programming. An duced and aired numerous public serv- my wonderful friend, BYRON DORGAN, amendment of mine would also extend ice announcements on issues such as but I do on this particular amendment that to investigate the gun manufac- school violence and has featured in its that is pending before us. I think the turers. evening TV shows various antiviolence debate is about this: Do we believe I was very happy to see the Senate themes. there is violence in the entertainment accept that, because, as I said yester- We want more of that, and if we don’t industry? Yes. So there is agreement day, to point the finger of blame at one get more of that, we are going to just there. Does it upset all of us when we industry is outrageous. To point the make sure that parents can, in fact, see it, when we know kids are seeing finger of blame at one person or one program their TVs so the kids do not it? Yes. group of people is outrageous. There is see the garbage and the violence and But how should we deal with it? not one of us who can walk away from the death and all of the things that Should Government become parents the issue of our violent culture and Senator HOLLINGS is right to point out and decide what our kids watch or say: It has nothing to do with me. I am are impacting and influencing our chil- should Government give parents the just perfect. It is the other guy. dren. tools to decide what their kids should So we undertook this issue 2 years There are shows and episodes that watch? And I come down on the side of ago. We passed this V-chip proposal. glorify violence, and there are shows making sure Government gives parents Senator BROWNBACK, yesterday, en- and episodes that denounce violence. the tools to decide what their children couraged the entertainment industry I think we need to be careful in this should watch, and not on the side of to step up to the plate and develop so- amendment of the slippery slope we those who in essence want the Govern- lutions by giving an antitrust exemp- could go down if we decide in our frus- ment, through the bureaucracy, the tion to the entertainment industry so tration and our worry about our chil- FCC, to determine what shows should they can sit down together to come up dren that government should step in or should not be on television. with even more solutions than the V- and become the parents. The V-chip, Again, I do not know who is in the chip, because, frankly, they need to the Brownback amendment, those two FCC. I think I know the chairman. I talk to one another. If it means they things give parents the tools they need

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5211 and lets the industry sit down together also focus the principal responsibility may need to regulate yet another in- and focus on the issue of violence. on parents, so that the V-chip is effec- dustry. What we need is smaller, So we have some efforts underway tively used. smarter government. Without the co- that are very important. I do not want Mr. ASHCROFT. Mr. President, the operation of television networks, how- to see us short circuit those efforts. advent of the television began the ex- ever, Congress has no choice but to This is a difficult issue because we traordinary advance in video tech- give the FCC the authority to impose know we have a problem here. When we nology. Families came together to wit- itself upon the entertainment industry. have a problem, let us take steps that ness such great programs as: The Andy Each of us, Congress, television net- don’t lead us into another problem. We Griffith Show, I Love Lucy, Leave it to works, and parents need to come to- had a debate in front of the Commerce Beaver, and Father Knows Best. The gether for the sake of our children. Our Committee. I was there and had the op- television revolutionized technology children are the future of this country, portunity to testify before my friend. and media, and replaced the radio as and if we as a nation are going to live It had to do with ratings. There was a the main source of family entertain- together in peace, each of us must take big debate over whether government ment. The television is an instru- the responsibility to teach our children should rate these movies and TV shows mental part of American society, it the difference between right and or whether the industry should under- provides us with news, education, and wrong. take it. I will never forget this. One entertainment and will likely continue Mr. DODD. Mr. President, it is my in- Congressman came up and he said: I to do so. tention to vote to table the Hollings can’t believe what I just saw on TV. In recent years, however, the enter- amendment regarding television pro- The PRESIDING OFFICER. The Sen- tainment industry has promoted programming and I wanted to say a few ator’s 10 minutes have expired. gramming unfit for the children of the words about why I am going to cast Mrs. BOXER. I ask unanimous con- next generation. No longer can families this vote. Television can be a valuable sent for 1 additional minute. come together to watch television entertainment and educational tool Mr. HATCH. That would be fine. without having to see material unfit and I commend my good friend, Sen- for their children. In the wake of re- The PRESIDING OFFICER. Without ator HOLLINGS for his work in this im- objection, it is so ordered. The Senator cent events, it has become clear that portant area. I share his concern for exposure to violent programming does is recognized. the impact that violent programming in fact play an influential role in chil- Mrs. BOXER. I remember what hap- has on children. pened then. This Congressman came dren’s behavior. It is regrettable that However, I have concerns about a over from the other side and testified it has come to the point where it may government entity, the FCC, deter- that he couldn’t believe that be necessary for Congress to take ac- mining for everyone what is deemed ‘‘Schindler’s List’’ was put on TV and tion in the oversight of television pro- ‘‘violent programming’’. This amend- that he felt ‘‘Schindler’s List’’ had ob- gramming. The Children’s Protection ment has critical free speech implica- scenity in it. A big debate ensued, be- from Violent Programming Act creates tions. What would constitute violent a ‘‘safe harbor’’ and eliminates the cause many thought ‘‘Schindler’s List’’ programming? Would a documentary or broadcast of violent programming was one of the best things that was an historical piece be deemed as such aired during hours when children are shown on TV, that it taught our young because it depicted violent acts or vic- likely to be a substantial portion of the people about the Holocaust. There were tims of violence? These determinations viewing audience. some rough scenes in it that were his- While I have reservations with this are best made by parents—the people torically accurate. amendment, I am willing to stand in who know their children best. The im- All it proved to me is that the eye of support of it. Admittedly, this amend- pact of this amendment would be over- the beholder is so important here. Here ment gives the Federal Communica- ly broad. In fact, two-thirds of Amer- was someone saying that was one of tions Commission additional power to ican households have no children under the best things you could put on TV to regulate television programming—even the age of 18. Further, I have concerns teach our children, and here is some- when two-thirds of American house- about the government mandating an- body else saying it was one of the holds have no children under the age of other solution before current tech- worst things. 18. Clearly this amendment will re- nology practices have been given a Keep government out of these subjec- strict the programming available to chance. Most television broadcast and tive decisions. Give parents the tools. viewers of all ages. I also have reserva- cable networks have implemented a Let them decide if ‘‘Schindler’s List’’ is tions since the TV rating system, al- voluntary ratings system that gives right for their children, or any other ready in place, will provide parents advance information about program program. with specific information about the content. The TV Parental Guidelines I yield the floor. content of a television program. V- were designed in consultation with ad- Mr. LEVIN. Mr. President, violence chips will be incorporated into all new vocacy groups and approved for use by in television shows, video games, and television sets by January 1, 2000. In the Federal Communications Commis- movies horrifies us as parents and addition, I am concerned that by pass- sion last year. These voluntary sys- grandparents. However, I support the ing this legislation, we will be giving tems are an important step in the right tabling of the Hollings amendment be- the Federal Communications Commis- direction, because it allows us to think cause, in my judgment, it would have sion additional authority to define vio- more carefully about what we watch gone too far in giving the Government lent programming far beyond that and what our children watch. the responsibility for keeping violent which is necessary. Congress also required that an elec- television programming away from our The fact of the matter is that to date tronic chip, called a V-chip, be in- children. The principal responsibility the entertainment industry has not yet cluded in newly manufactured tele- belongs in the hands of parents and taken responsibility for themselves. vision sets to allow parents to screen grandparents. Putting this responsi- Television programs of an adult nature out material that they find inappro- bility in an agency like the FCC to de- are undermining and contradicting the priate for their children. The first tele- termine what is too violent and what is virtues parents are trying to teach. vision sets equipped with V-chips will not is not only of questionable con- Likewise, research from more than ten arrive in stores July 1, 1999; all new stitutionality, it would foster the idea thousand medical, pediatric, psycho- sets will contain a V-chip by July 1, that the Government should be doing logical, and sociological studies show 2000. I support the use of this valuable this job. That confuses and defuses the that television violence increases vio- and innovative technology which en- clear message to parents that the prin- lent and aggressive behavior in society. hances our ability to make careful cipal responsibility is theirs. We should Astonishingly, the murder rate in the choices. give parents the tools to do this as we United States doubled within 15 years Just this week, FCC Commissioner have tried to do through the ‘‘V-chip’’ after television was introduced into William Kennard announced the cre- filtering technology. The first V-chip American homes. ation of a task force to monitor and as- equipped televisions are expected to be- It pains me to stand before you today sist in the roll-out of the V-chip. Spe- come available this summer. We should and say that the federal government cial emphasis will be given to educate

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5212 CONGRESSIONAL RECORD — SENATE May 13, 1999 parents about the availability and use pervised. Many children have parents material that is less than obscene. So of the technology. In fact, the Kaiser who work swing shifts or parents who what do we do about indecent mate- Family Foundation recently released a have to be out in the yard or doing rial? The FCC defines indecent mate- poll stating that 77 percent of parents other things while they are inside rial—and I am paraphrasing—as this: said that if they had a V-chip in their watching TV, and they may not have a Patently offensive descriptions based home, they would use it. V-chip yet. Do we have no responsi- on local community standards of sex- We need to give the integrated V-chip bility to those children? Is it sufficient ual and excretory functions or organs. and ratings system a chance to work. to just say it is their parents’ fault? Government regulation of indecent It is time to honor the commitment Some say if you are a parent, you can material is possible, but it has to sur- that was made in 1997—to allow this control whatever your children watch. vive a standard of strict scrutiny. The system to proceed unimpeded. Those of us who are parents know that courts are going to look at it very The PRESIDING OFFICER. The Sen- is not precisely accurate. We can work strictly to make sure the first amend- ator from Alabama. at it hard, and if you are a parent who ment is not being undermined. Mr. SESSIONS. I thank the Chair. is home most of the time, you can do a In Action for Children’s Television v. Mr. President, I am intrigued by the fairly good job. But even then a deter- FCC, a 1995 case decided in the District Hollings amendment. mined young person can pretty well of Columbia, the DC court of appeals— Mr. HATCH. Mr. President, will the watch what they want. The point is, which is one step from the U.S. Su- Senator yield? the showing of any one violent scene is preme Court—upheld the FCC safe har- Mr. SESSIONS. I will. not going to cause a normal child to bor regulation of indecent material, Mr. HATCH. We said that after you become a murderer. The point is, what provided the regulation was the least finished we would go to Senator HOL- happens if every night kids who maybe restrictive means to achieve the Gov- LINGS. With Senator HOLLINGS’ permis- are not healthy are seeing on their tel- ernment’s compelling interest in pro- sion, I will yield 5 minutes, if I have it, evision images of violence—and in tecting young people from indecent or the remainder of my time, to the years gone by, they have gotten more programming. distinguished Senator from Montana, graphic—and at the same time they get It didn’t deal with violence. The and then Senator HOLLINGS. in their car and they play an audio or original ban on indecent programming The PRESIDING OFFICER. Without CD of Marilyn Manson, who has ex- between 6 a.m. and midnight contained objection, it is so ordered. tremely violent lyrics, or they turn on an exception for public programmers to Mr. SESSIONS. Mr. President, this the computer and play computer broadcast indecent material between 10 fits along with the general view of games. I was looking at one and the p.m. and midnight. mine. We are both lawyers, and Sen- pointer was a chopped-off hand with A lot of public broadcasters quit at ator HOLLINGS is a better lawyer than blood dripping off it. That is humorous midnight. So the law is a compromise I, but I think we have made television to some degree, but where you have it that if you are a public programmer, prime time movies too much a matter constantly, it is a problem. you can show this material at 10 of first amendment freedoms, and not First of all, in my wrestling with the o’clock and you don’t have to wait enough of a matter of common sense. Hollings amendment, is it appropriate until midnight like everybody else. To say that you have to meet certain for the Government to do so? The FCC The court found that this exception standards during certain hours of the does all kinds of other limitations on was not narrowly drawn—not the most day when our children may be im- programming. Is it appropriate for narrowly drawn restriction and man- pacted by that does not, in a signifi- them to analyze the content for vio- dated that you have this kind of law cant way, prohibit a person from exer- lence? I have had my staff do some re- and everybody has the 10 o’clock rule. cising what we generally understood to search of the law on it. Some of them can’t have 10 and some be free speech when we founded this First of all, my general opinion is have midnight. But it upheld it. The country. Speech was generally under- that the current state of the law is too Supreme Court upheld that restriction stood, at the most fundamental level, restrictive on the ability of the Gov- and that rule by the FCC. It was ap- as a communication about ideas and ernment to contain what is shown in pealed to the U.S. Supreme Court, the issues, and that you would be able to the homes of America. I think it is too final arbiter. They affirmed the ruling articulate and defend and promote restrictive. I don’t think the Constitu- without opinion. They did not hear the your issues. It did not mean—and I tion does that. But the current state of case, but they did not overrule, and don’t think the Founding Fathers con- the law, I believe, is too restrictive, they allowed to stand the opinion of templated—that every form of video of and these are some of the things I have the district court. vicious murder or sexual relations or discovered. So I think the difference we have obscenity could be published in print Under the Hollings amendment, we here is that we are dealing with vio- and in our homes. would perhaps be considered to be lence as opposed to what may be de- In fact, we have laws all over Amer- pushing the envelope a little bit. But I fined under the law as indecent. ica that flatly prohibit certain degrees am not sure that we would because it I think we are raising a very good of obscenity. Indecency cannot be pro- would prohibit distribution of violent point. I am seriously considering this hibited, but things that are determined video programming during hours when amendment. I understand those who as a matter of law to be obscene are children are reasonably likely to com- have concerns about it. My basic incli- flatly prohibited anywhere in America. prise a substantial portion of the audi- nation is to say that we ought to care So, therefore, they say that on the pub- ence. It would require the FCC to reach about children. We know for a fact that lic airwaves, which we license people to a definition of what violent program- many children are at home and unsu- use, they have to be committed to the ming is and determine the timeframe pervised. We have a responsibility and public service. They have to give so for it. It would permit the FCC to exit is not in violation of the first amend- many hours of public service advertise- empt news and sports programming, ment to deal with this and have some ments, and we monitor the stations to and it would have penalties for those restrictions on it. make sure that they do so. To say who violate that. Thank you, Mr. President. there is no Government agency that The closest law we can find on point The PRESIDING OFFICER. The Sen- can say certain things can’t be shown is on the FCC’s regulation of indecent ator from Montana. during limited periods of time, to me, programming, which has survived chal- Mr. BURNS. Mr. President, I hope is strange law. I don’t think it is quite lenge in the courts. Obscene material is that Americans will look upon this de- right. the kind of material that is illegal, bate. I think it is indicative of how In addition, I know a lot of people where the Supreme Court has stated hard and how difficult it is to deal with who have spoken on the floor here that this material can be so obscene this issue. One cannot paint with a today—and over the last several days, and so lacking in any merit, that com- broad brush, whether we are talking are worried. Also, the President has munities in the country can ban it about firearms or entertainment pro- spoken about his concern that in the from being distributed in their commu- gramming or games, or anything else. afterschool hours children are not su- nities. Indecent material is the kind of We cannot paint with a broad brush.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5213 We are under the heels of tragedies all in programming to our young peo- ducers Guild of America finding this, such as Littleton, CO. We are very ple. the Writers Guild of America finding quick to blame. We are also reluctant I thank the Chair. I thank the floor this, the Caucus for Producers, Writers to admit our own shortcomings in as- leader for the time. and Directors, and the Directors Guild suming our responsibilities as citizens, The PRESIDING OFFICER. The Sen- of America—all finding this. When I as parents, as schoolteachers, and as ator from South Carolina is recognized. say ‘‘finding this,’’ I mean that much members of a community. Mr. HOLLINGS. Mr. President, the of TV violence is still glamorized. It is This particular amendment pretty distinguished Senator from Montana is trivialized. So we know what the indus- much says, let no good deed go the chairman of our Subcommittee on try does with a study and an investiga- unpunished. It is too broad. We may Communications. He questions now: Is tion in the Brownback amendment. table this amendment, and it should be the amendment too broad? It sounds to Mr. President, if we value family val- tabled. But I hope that those who are him like a lawyer’s amendment. But ues, listen to this one. in the business of entertainment and the distinguished Senator did vote for Out in Ohio, a 5-year-old child start- providing programming in its many something identical in 1995 and in 1997, ed a fire that killed his younger sister. forms, I hope this message gets to because he voted for exactly that when The mother attributed the fact that he downtown Burbank and Hollywood and we reported out the ‘‘lawyer’s amend- was fascinated with fire to the MTV Vine. ment,’’ or however he wants to describe show Beavis & Butt-Head, in which This basically, if you look at the it right now. I appreciated his vote at they often set things on fire. The show amendment, is pretty much a lawyer’s that time. I am sorry I didn’t get to featured two teenagers on rock video amendment. It says: talk to him this morning when he came burning and destroying things. The boy We shall define the term ‘‘hours’’ when in, because I think I could have gotten watched one show that had the cartoon children are reasonably likely to comprise a him back around to where he was. So character saying ‘‘fire is fun.’’ From substantial portion of the audience, and the much for that. that point on, the boy has been playing term ‘‘violent video programming.’’ My distinguished colleague from with fire, the mother said. It goes on to I will tell you that argument will go California talks about ‘‘Schindler’s say the mother was concerned enough on for just a little more than a moon, List.’’ Heavens above. We said, ‘‘Exces- that she took the boy’s bedroom door because we know that long hours of sive, gratuitous violence.’’ You have off the hinges so she could watch him television are experienced just after ‘‘Schindler’s List.’’ You have ‘‘Civil more closely, the fire chief said. school when they first get home. Then War.’’ You have ‘‘Saving Private Let’s give the mothers of America a ‘‘prime time,’’ we would have to define Ryan.’’ It just couldn’t apply under break. Yes, we can put in the V-chip; ‘‘prime time’’ as somewhere between 8 this amendment. So let’s not raise yes, we can do all the little gimmicks. o’clock and midnight. questions like that. But we know one thing is working: It also includes maybe the Internet. With respect to pointing the finger at They don’t shoot ’em up in London You could interpret this to say the one industry, no. We pointed the finger schools. They don’t shoot ’em up in Eu- Internet, because it says in this section yesterday—almost a majority, but half ropean schools. They don’t shoot ’em the term: the Senate, almost—to the gun indus- up in Australian schools. They have a ‘‘Distribute’’ means to send, transmit, re- try. We are trying at every angle we family hour with respect to television transmit, telecast, broadcast, or cablecast, possibly can to do something rather violence. It is working. including by wire, microwave or satellite. than to just talk about it, because that In this country, why doesn’t the fam- You can also interpret that as the is what we have been doing with re- ily values crowd have the family hour Internet. spect to television violence. Now they with respect to TV violence? We have never to this point put re- come, of course, with the wonderful Mr. DORGAN. Will the Senator strictions on the Internet. There may putoff, that ‘‘shall the Government de- yield? be a day coming when, if the ISPs and cide,’’ and ‘‘let the parents,’’ ‘‘power to Mr. HATCH. I yield 2 minutes to the the programmers don’t show some kind the parents,’’ and everything else like Senator. of responsibility, Government will. that. Heavens above. Mr. DORGAN. Mr. President, I have It is almost unenforceable. In fact, it I haven’t seen an amendment yet to listened to this debate. It reminds me is unenforceable. I have never seen a repeal the FCC authority over inde- of the three stages of denial: The fellow section like this that says if any part cency. In fact, the decision—going up says I wasn’t there when it happened; if of this amendment is found unconstitu- before the courts, finding it to be con- I was there, I didn’t do it; if I did it, I tional, then the remainder stays in. I stitutional—by Judge Edwards, who didn’t mean it. think again that is pretty much full said violence would be even again more I have listened to the denial on this employment for our legal profession. appropriately controlled, but he ruled issue. We finally come to the point The amendment runs counter to the again on the authority of the Govern- after three decades of debate, espe- meaning that we had when we all sat ment, the heavy hand of Government, cially in the last 6 or 8 years, where the down and worked out the V-chip. There rather than the parent, namely the denial is to say we can’t take a baby were some of us who said the V-chip FCC, to come down and control inde- step forward on this important issue will probably not work unless we have cency during the family hour that we because somebody has reached an responsible parents who are in charge have today for indecency. agreement somewhere with someone of the television, basically. We were What this boils down to is to merely else. told at that time that the V-chip peo- extend the family hour for indecency, I didn’t reach an agreement with ple were ready to go for it. to violence, to television violence. We anybody. We have a V-chip. I intro- Do you know that the first television brought the Attorney General of the duced the first V-chip bill in the Sen- to have a V-chip in it—this was an United States, the Justice Department, ate January 31, 1994. We have a V-chip agreement 2 years ago, back in July of and she attested to the fact of its con- in law. But don’t anybody stand up 1997. Guess what. We have yet to see stitutionality as well as the out- here and say that because we have a V- the first television set to have a V-chip standing force of constitutional law by chip in law there was some deal some- in it—2 years later. That television professors from the various campuses. place with somebody that prevents won’t be on the market until July of Mr. President, we have had that Members from doing what we ought to this year. study. It came out again by the vol- do now. Don’t anybody say that, be- Let’s give it a chance to work, as far untary effort of the industry itself cause I was not part of a deal. The Sen- as the V-chip is concerned. back in 1992. We put that one in the ator from South Carolina was not part I want to send a strong message to RECORD. Then 6 years later, what does of a deal, and I daresay that 90 other those who will provide entertainment. Hollywood say? Senators in this Chamber were part of You should get the message right I repeat the various letters that we no deal with anybody about these away. There are people looking, and have here, Mr. President. We had the issues. there are people willing to take some American Federation of Television and This is common sense. This makes steps, if they show no responsibility at Radio Artists finding this, the Pro- sense.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5214 CONGRESSIONAL RECORD — SENATE May 13, 1999 It seems to me that we ought not disposition of amendment No. 335, Sen- ‘‘Statements on Introduced Bills and have anybody ever come to the floor of ator FEINGOLD be recognized for up to 8 Joint Resolutions.’’) the Senate again to talk about this minutes to make a statement on de- Mr. WELLSTONE addressed the issue if Members are not willing to bate, the Senator from Minnesota be Chair. take this baby step in the right direc- recognized for up to 10 minutes, and The PRESIDING OFFICER. The Sen- tion. then Senator ASHCROFT be recognized ator from Minnesota is recognized. I am pleased to join the Senator from to offer an amendment regarding guns, f South Carolina in offering this amend- and that there be 45 minutes equally THE CRISIS IN KOSOVO ment today to say we have had a lot of divided for debate prior to the vote on discussion, hundreds of studies, a lot of or in relation to the amendment, with Mr. WELLSTONE. Mr. President, I debate. Now we come to the time where no amendments in order to the amend- have spoken a number of times on the we choose. Don’t make excuses. Don’t ment prior to that vote. floor of the Senate about the crisis in talk about some deal that doesn’t exist I further ask consent that following Kosovo. I think it is important, under for most Senators. Vote for this legis- the debate, the amendment be laid the circumstances, that I do so again lation. aside and Senator FEINSTEIN be recog- in order to pose some critical questions Mr. HOLLINGS. I thank the distin- nized to offer an amendment regarding that have emerged recently about guished Senator for his leadership. gun control, with the debate limited to United States and NATO policy there. Mr. HATCH. Mr. President, I move to 90 minutes and under the same param- I saw a window of opportunity for di- table the amendment, and I ask for the eters outlined above. plomacy. I was really optimistic given yeas and nays. The PRESIDING OFFICER (Mr. the direction of the G–8 countries. I The PRESIDING OFFICER (Mr. FITZ- VOINOVICH). Is there objection? thought we were then going to be going GERALD). Is there a sufficient second? Mr. LEAHY. Reserving the right to to the United Nations, and we had an There is a sufficient second. object—— opportunity perhaps through diplo- The yeas and nays were ordered. Mr. HATCH. Let me finish. Following macy to bring this conflict to an end. The PRESIDING OFFICER. The that debate, the Senate proceed to vote I think that given what has happened question is on agreeing to the motion in the order in which the amendments over the weekend, and given the very to table amendment No. 328. The yeas were offered, with 5 minutes prior to delicate discussions now underway in- and nays have been ordered. The clerk each vote for explanation. volving NATO, the U.N. Secretary Gen- will call the roll. Mr. LEAHY. Reserving the right to eral, Russia, China, and other key The assistant legislative clerk called object, and I will not object, I assume players, it is time to reconsider a pro- the roll. then that 5 minutes would be divided in posal that I made 10 days ago: a brief, Mr. REID. I announce that the Sen- the usual fashion. conditional pause in the airstrike cam- ator from Hawaii (Mr. INOUYE) is nec- Mr. HATCH. Therefore, for the infor- paign to allow for a de-escalation of essarily absent. mation of all Senators—do I have the this military conflict. The result was announced—yeas 60, unanimous consent? Let me be clear. I continue to sup- nays 39, as follows: The PRESIDING OFFICER. Is there port the basic military, political and [Rollcall Vote No. 114 Leg.] objection? humanitarian goals that NATO has outlined: the safe return of refugees to YEAS—60 Without objection, it is so ordered. Mr. HATCH. Therefore, for the infor- their homes; the withdrawal of Serb se- Allard Feingold McCain Baucus Fitzgerald McConnell mation of all Senators, the next votes curity forces; the presence of robustly Bayh Frist Moynihan will occur at approximately 3:30 p.m. armed international forces capable of Bennett Gorton Murkowski and approximately 4 p.m. today. protecting refugees and monitoring Boxer Gramm Murray Serb compliance; full access to Kosovo Breaux Grams Nickles Mr. LEAHY. Unless time is yielded Brownback Hagel Reed back. for nongovernmental organizations aid- Bunning Hatch Robb Mr. MCCAIN. Mr. President, reserving the refugees; and Serb willingness Burns Hutchinson Roberts ing the right to object, following the to participate in meaningful negotia- Campbell Inhofe Roth Chafee Jeffords Santorum disposition of those amendments, is it tions on Kosovo’s status. Cleland Kennedy Schumer then your intention to move to a These goals must be met. But in the Cochran Kerrey Shelby Hatch-Craig amendment? wake of the Chinese Embassy accident, Collins Kerry Smith (NH) Mr. HATCH. Yes; following that, we NATO needs to be even more focused Craig Kyl Smith (OR) Crapo Leahy Specter intend to move to the Hatch-Craig on diplomacy, and I think we have to Daschle Levin Thomas amendment on firearms. be very careful to not appear to be bel- Dodd Lott Thompson Mr. LEAHY. That is not part of the ligerent in our public statements—to Domenici Lugar Torricelli be strong in terms of the goals that Enzi Mack Voinovich unanimous consent request. Mr. HATCH. That is not part of the have to be met but be creative in our NAYS—39 unanimous consent request. diplomacy. Abraham Edwards Lieberman Mr. MCCAIN. I ask unanimous con- I don’t really know what there is to Akaka Feinstein Lincoln the withdrawal of some of the Serb Ashcroft Graham Mikulski sent that we move to the Hatch-Craig Biden Grassley Reid amendment immediately following the military. Secretary Cohen has raised Bingaman Gregg Rockefeller disposition of those amendments. some very important questions. But on Bond Harkin Sarbanes Mr. LEAHY. Mr. President, at this the floor of the Senate, I do want to Bryan Helms Sessions Byrd Hollings Snowe time I object. point out that contrary to some pub- Conrad Hutchison Stevens Mr. MCCAIN. Then I object to the lished reports of United States and Coverdell Johnson Thurmond unanimous consent request. public statements that suggest that we DeWine Kohl Warner Mr. LEAHY. We already have that. intend to continue the airstrikes even Dorgan Landrieu Wellstone Durbin Lautenberg Wyden Mr. HATCH. Let me ask the Sen- against Serb forces who may actually ator—— be beginning to withdraw, I believe we NOT VOTING—1 The PRESIDING OFFICER. The and NATO should reiterate what we Inouye unanimous consent agreement has been have been saying earlier—that NATO The motion was agreed to. agreed to, and the Senator from Wis- will not strike at Serbian troops who Mr. HATCH. Mr. President, I move to consin has 8 minutes. are actively pulling out of Kosovo. reconsider the vote. Mr. HATCH. Would the Senator from How can we expect even the Serbs to Mr. LEAHY. I move to lay that mo- Arizona—— withdraw their troops if we have made tion on the table. The PRESIDING OFFICER. The Sen- it clear that we will bomb them on the The motion to lay on the table was ator from Wisconsin has 8 minutes. way out unless they have agreed to full agreed to. (The remarks of Mr. FEINGOLD per- withdrawal and outlined a timetable Mr. HATCH. Mr. President, I ask taining to the introduction of S. 1035 for it? Is this seeming new emphasis on unanimous consent that following the are printed in today’s RECORD under continuing the airstrikes even if the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5215 troops are withdrawing a change in em- One way to put an end to Milosevic’s bombing pause might help to enable phasis, or tone, or is it a substantive atrocities and to the recurring cycle of aid organizations to get there. change? What precisely would the collateral damage and NATO apologies Mr. President, I intend to press these NATO rules of engagement be if sub- may be to pursue a more creative cou- questions that I have raised with the stantial numbers of Serb troops begin pling of our military, political and dip- administration officials later today. I to actually withdraw from Kosovo? lomatic goals. think we have an opportunity still for What did Milosevic’s statement on a Last week, I called for a brief, condi- diplomacy. We must not allow this return to ‘‘peacetime troop levels’’ tional and reciprocal pause in our mili- window of opportunity provided by the mean? If he means a return to prewar tary action. I wish we had done so. On Russians and others to close. levels, that is a nonstarter. What small NATO’s part, this would entail a bomb- I thank my colleagues for their gra- token Serb forces, if any, would NATO ing pause of perhaps 48 hours. Such a ciousness. allow to stay, as long as an armed pause—if it can be worked out in a way I urge the President and his foreign international presence was allowed? which would protect NATO troops and policy advisers to consider steps to de- While I understand NATO’s decision would not risk Serb resupply of their escalate this military conflict, and to to remain silent, or to leave some am- war machine—could help to reinvigo- work with our allies, with the U.N. biguity on some of these questions, it rate—and I think we need to now—dip- Secretary General, with the Russians has created an unnecessarily confusing, lomatic efforts and halt the steady and others to take advantage of what- and sometimes conflicting, set of pol- movement toward bombing that we ever opportunities present themselves icy prescriptions from NATO. have now seen which could lead to a to forge a just and lasting peace which Mr. President, while I think a diplo- deeper involvement and a wider war. restores the Kosovar Albanians to their matic solution is the best way to re- Mr. President, we need to reinvigorate home, provides for their protection and solve this crisis, I want to make clear our diplomatic efforts, and we need to for their secure futures, allows aid that I have no illusions about halt the steady movement in the bomb- groups access to them, and provides for Milosevic and what he has done. My ing. We need to figure out a way that negotiation on their political status. disgust with his actions was only in- We must move forward now. I wish we can involve critical parties and creased yesterday when I read some of that we could have had this pause that countries in a diplomatic effort. the information in the new State De- While my proposal is not the pro- I called for 10 days ago. I am extremely partment report entitled ‘‘Erasing His- posal that comes from the Chinese and worried about the repercussions of the tory: Ethnic Cleansing in Kosovo.’’ Russians, it is more qualified. And it bombing of the embassy in China. I am The report catalogs the horrific would require a more immediate recip- worried about the events in Russia. I events that continue to unfold in rocal response from Milosevic. am worried about a window of oppor- Kosovo. Interviews with thousands of I believe we need to take this step. I tunity for diplomacy closing and more refugees have revealed brutalities am not naive about whether we can escalation in this military conflict. which boggle the mind and sicken the trust Milosevic. We have seen him I think it is important that we take soul. I shudder to think what else we break his word too many times with this step under the conditions that I will learn in the months and years to that. We may even be seeing that again have outlined. come after looking at forensic evidence I am going to continue to press for- now in what NATO leaders have called within Kosovo. It is clear that even ward with this proposal. I hope that in a ‘‘feint’’ of a partial withdrawal. I am while the bombing campaign has raged the Senate next week we will again not proposing an open-ended halt in Kosovo has been emptied, and it has have a discussion and debate about the our efforts, but I am talking about a been burned. events in Kosovo, about our military temporary pause of 48 hours or so of- Mr. President, let me just make it involvement, about where we are, fered on condition that Milosevic not clear that I know why we have been in- about where NATO is, and what we be allowed to use the period to resup- volved, and I think we have launched need to do to achieve our objective. our military actions with the best in- ply his troops, or to repair his air de- I yield the floor. tentions and with what I truly believe fenses, and that he immediately order The PRESIDING OFFICER. The Sen- was sound moral authority. But I am his forces in Kosovo to halt their at- ator from Missouri is recognized. troubled now by some actions by tacks and to begin to actually with- AMENDMENT NO. 342 NATO, including the so-called ‘‘collat- draw. It would not require his formal (Purpose: To amendment chapter 44 of Title eral’’ damage we have wrought, and the prior assent to each of these condi- 18, United States Code, to enhance pen- embassy bombing, which I believe may tions. But if our intelligence and other alties for the unlawful use by or transfer to undermine that sense of moral legit- means of verification concludes that he juveniles of a handgun, ammunition, large imacy. is taking military advantage of such a capacity ammunition feeding devices or The embassy incident is only the lat- pause by doing any of these things, we semiautomatic assault weapons, and for est of targeted errors which have should resume the bombing. other purposes) Mr. ASHCROFT. Mr. President, I caused civilian casualties. We have I believe, however, that we need to seen errant strikes on a refugee con- take this first step, a gesture, in order thank you for recognizing me. It is my voy, a civilian train, a bus and other to move diplomacy forward and bring understanding that in accordance with incidents. While I understand clearly these horrors to an end. the previous consent that I have the the difference between the brutal, de- Let me conclude by saying that as a opportunity to present an amendment liberate and systematic attacks of Serb Senator I have been so impressed by to the juvenile bill. The PRESIDING OFFICER. The forces, which have resulted in the the heroic efforts of nongovernmental clerk will report. deaths of thousands and displacement organizations to bring humanitarian The legislative clerk read as follows: of over a million more, and the acci- supplies by convoy to hundreds of thousands of homeless and starving The Senator from Missouri [Mr. ASHCROFT] dental death of civilians caused by our proposes an amendment numbered 342. wayward missiles, any serious moral misplaced refugees still wandering in Mr. ASHCROFT. Mr. President, I ask reflection requires us to consider the the mountains of Kosovo. I believe a unanimous consent that reading of the impact of our actions on innocent civil- pause might very well serve their in- ians. Taken together, I fear these inci- terests. It might enable these aid orga- amendment be dispensed with. The PRESIDING OFFICER. Without dents are beginning to erode the moral nizations and other neutrals in the conflict to more easily airlift or truck objection, it is so ordered. authority of our efforts in Kosovo. The amendment is as follows: I do not mean to suggest in any way in and then distribute relief supplies to a moral equivalence between the two. them without the threat of their hu- To be inserted at the appropriate place: But as the number of civilian casual- manitarian mission being halted by the TITLE . RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS ties mounts, it will become increas- Serbian military. A Serb guarantee of SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY ingly difficult to justify as we try to their safe conduct would be an impor- JUVENILES. balance these regrettable losses tant reciprocal gesture on the part of (a) JUVENILE WEAPONS PENALTIES.—Sec- against whatever progress we are mak- Milosevic. These people must be res- tion 924(a) of title 18, United States Code, is ing toward our goal. cued. My hope is that a temporary amended—

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5216 CONGRESSIONAL RECORD — SENATE May 13, 1999 (1) in paragraph (4) by striking ‘‘Whoever’’ ‘‘(C) a semiautomatic assault weapon; or vice or a semiautomatic assault weapon at the beginning of the first sentence, and in- ‘‘(D) a large capacity ammunition feeding taken in lawful defense of the juvenile or serting in lieu thereof, ‘‘Except as provided device. other persons in the residence of the juvenile in paragraph (6) of this subsection, who- ‘‘(2) It shall be unlawful for any person who or a residence in which the juvenile is an in- ever’’; and is a juvenile to knowingly possess— vited guest. (2) in paragraph (6), by amending it to read ‘‘(A) a handgun; ‘‘(4) A handgun, ammunition, large capac- as follows: ‘‘(B) ammunition that is suitable for use ity ammunition feeding device or a semi- ‘‘(6)(A) A juvenile who violates section only in a handgun; automatic assault weapon, the possession of 922(x) shall be fined under this title, impris- ‘‘(C) a semiautomatic assault weapon; or which is transferred to a juvenile in cir- ‘‘(D) a large capacity ammunition feeding oned not more than 1 year, or both, except— cumstances in which the transferor is not in device. ‘‘(i) a juvenile shall be sentenced to proba- violation of this subsection, shall not be sub- ‘‘(3) This subsection does not apply to— tion on appropriate conditions and shall not ‘‘(A) a temporary transfer of a handgun, ject to permanent confiscation by the Gov- be incarcerated unless the juvenile fails to ammunition, large capacity ammunition ernment if its possession by the juvenile sub- comply with a condition of probation, if— feeding device or a semiautomatic assault sequently becomes unlawful because of the ‘‘(I) the offense of which the juvenile is weapon to a juvenile or to the possession or conduct of the juvenile, but shall be returned charged is possession of a handgun, ammuni- use of a handgun, ammunition, large capac- to the lawful owner when such handgun, am- tion, larger capacity ammunition feeding de- ity ammunition feeding device or a semi- munition, large capacity ammunition feed- vice or a semiautomatic assault weapon in automatic assault weapon by a juvenile— ing device or semiautomatic assault weapon violation of section 922(x)(2); and (i) if the handgun, ammunition, large ca- is no longer required by the Government for ‘‘(II) the juvenile has not been convicted in pacity ammunition feeding device or semi- the purposes of investigation or prosecution. any court of an offense (including an offense automatic assault weapon are possessed and ‘‘(5) For purposes of this subsection, the under section 922(x) or a similar State law, used by the juvenile— term ‘‘juvenile’’ means a person who is less but not including any other offense con- ‘‘(I) in the course of employment, than 18 years of age. sisting of conduct that if engaged in by an ‘‘(II) in the course of ranching or farming ‘‘(6)(A) In a prosecution of a violation of adult would not constitute an offense) or ad- related to activities at the residence of the this subsection, the court shall require the judicated as a juvenile delinquent for con- juvenile (or on property used for ranching or presence of a juvenile defendant’s parent or duct that if engaged in by an adult would farming at which the juvenile, with the per- legal guardian at all proceedings. constitute an offense; or mission of the property owner or lessee, is ‘‘(B) The court may use the contempt ‘‘(ii) a juvenile shall be fined under this performing activities related to the oper- power to enforce subparagraph (A). ‘‘(C) The court may excuse attendance of a title, imprisoned not more than 20 years, or ation of the farm or ranch), both, if— ‘‘(III) for target practice. parent or legal guardian of a juvenile defend- ‘‘(I) the offense of which the juvenile is ‘‘(IV) for hunting, or ant at a proceeding in a prosecution of a vio- charged is possession of a handgun, ammuni- ‘‘(V) for a course of instruction in the safe lation of this subsection for good cause tion, large capacity ammunition feeding de- and lawful use of a firearm. shown.’’ vice or a semiautomatic assault weapon in ‘‘(ii) Clause (i) shall apply only if the juve- (7) For purposes of this subsection only, violation of section 922(x)(2); and nile’s possession and use of a handgun, am- the term ‘‘large capacity ammunition feed- ‘‘(II) during the same course of conduct in munition, large capacity ammunition feeding device’’ has the same meaning as in sec- violating section 922(x)(2), the juvenile vio- ing device or a semiautomatic assault weap- tion 921(a)(31) of title 18 and includes similar lated section 922(q), with the intent to carry on under this subparagraph are in accord- devices manufactured before the effective or otherwise possess or discharge or other- ance with State and local law, and the fol- date of the Violent Crime Control Law En- wise use the handgun, ammunition, large ca- lowing conditions are met— forcement Act of 1994. pacity ammunition feeding device or a semi- ‘‘(I) except when a parent or guardian of SEC. 2. EFFECTIVE DATE. automatic assault weapon in the commission the juvenile is in the immediate and super- This Act and the amendments made by of a violent felony. visory presence of the juvenile, the juvenile this Act shall take effect 180 days after the ‘‘(B) A person other than a juvenile who shall have in the juvenile’s possession at all date of enactment of this Act. knowingly violates section 922(x)— times when a handgun, ammunition, large Mr. ASHCROFT. Mr. President, all of ‘‘(i) shall be fined under this title, impris- capacity ammunition feeding device or semi- us are concerned and deeply so about oned not more than 1 year, or both; and automatic assault weapon is in the posses- what we think is a changing landscape ‘‘(ii) if the person sold, delivered, or other- sion of the juvenile, the prior written con- wise transferred a handgun, ammunition, sent of the juvenile’s parent or guardian who in American culture. We are concerned large capacity ammunition feeding device or is not prohibited by Federal, State, or local about the fact that young people whom a semiautomatic assault weapon to a juve- law from possessing a firearm or ammuni- we once felt were the repository for the nile knowing or having reasonable cause to tion; and innocence of the culture are no longer know that the juvenile intended to carry or ‘‘(II) during transportation by the juvenile that repository. We find ourselves otherwise possess or discharge or otherwise directly from the place of transfer to a place being outraged and stunned when we use the handgun, ammunition, large capac- at which on activity described in clause (i) is find activity in juvenile quarters which ity ammunition feeding device or semiauto- to take place the firearm shall be unloaded matic assault weapon in the commission of a and in a locked container or case, and during are really threatening to all of us. That violent felony, shall be fined under this title, the transportation by the juvenile of that is why the whole juvenile justice topic imprisoned not more than 20 years, or both. firearm, directly from the place at which is before us. We are amazingly aware, ‘‘(C) For purposes of this paragraph a ‘vio- such an activity took place to the transferor, painfully aware, of the fact that we lent felony’ means conduct as described in the firearm shall also be unloaded and in a need to take steps to improve the way section 924(e)(2)(B) of this title. locked container or case; or we deal with young people and to cur- ‘‘(D) Except as otherwise provided in this ‘‘(III) with respect to employment, ranch- tail the amount of criminal activity chapter, in any case in which a juvenile is ing or farming activities as described in and behavior among those who are the prosecuted in a district court of the United clause (i), a juvenile may passes and use a States, and the juvenile is subject to the handgun, ammunition, large capacity ammu- young people of our culture. penalties under clause (ii) of paragraph (A), nition feeding device or a semiautomatic as- It is important that we debate this the juvenile shall be subject to the same sault rifle with the prior written approval of issue in the Senate. It is important laws, rules, and proceedings regarding sen- the juvenile’s parent or legal guardian, if that we offer legislative responses to tencing (including the availability of proba- such approval is on file with the adult who is this serious challenge to the public tion, restitution, fines, forfeiture, imprison- not prohibit by Federal, State or local law safety and security of people and their ment, and supervised release) that would be from possessing a firearm or ammunition families. But we shouldn’t try to tele- applicable in the case of an adult. No juve- and that person is directing the ranching or graph or to communicate the fact that nile sentenced to a term of imprisonment farming activities of the juvenile. shall be released from custody simply be- ‘‘(B) a juvenile who is a member of the we are addressing this, that we think cause the juvenile reaches the age of 18 Armed Forces of the Unites States or the Na- that we can do everything that is nec- years.’’. tional Guard who possess or is armed with a essary for a safer and saner approach (b) UNLAWFUL WEAPONS TRANSFERS TO JU- handgun, ammunition, large capacity ammu- to life by all of our citizens including VENILES.—Section 922(x) of title 18, United nition feeding device or semiautomatic as- young people. States Code, is amended to read as follows: sault weapon in the line of duty; There is much that simply can’t be ‘‘(x)(1) It shall be unlawful for a person to ‘‘(C) a transfer by inheritance of title (but done by government. The resources of sell, deliver, or otherwise transfer to a per- not possession) of a handgun, ammunition, the State are inadequate to shape the son who the transferor knows or has reason- large capacity ammunition feeding device or able cause to believe is a juvenile— a semiautomatic assault weapon to a juve- culture totally and completely and to ‘‘(A) a handgun; nile; or bring the kind of result that we want. ‘‘(B) ammunition that is suitable for use ‘‘(D) the possession of a handgun, ammuni- The fact that we are here to talk only in a handgun; tion, large capacity ammunition feeding de- about things that we can do doesn’t

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5217 mean we believe that what we can do or use the handgun. I repeat, cannot sold to juveniles but would be prohib- will totally accommodate or otherwise buy from a licensed dealer, cannot buy ited under this amendment? The list remediate the problem. We should do in a private sale, and must have per- includes: the AK–47, the Uzis, the Galil, what we can do. I believe it is impor- mission to use or possess. Beretta AR 70, Colt AR–15, Fabrique tant to look around and ask how can Current Federal law in regard to Nationale FN or FAL, SWD M 10, M–11, we improve the situation and the legal semiautomatic assault rifles prohibits M–11 1/9, the Steyr Aug, the TEC–9, framework. the sale by a federally licensed dealer street-sweeper shotgun, Striker-12 One of the aspects of juvenile justice to a juvenile, but permits juveniles to shotgun, and other semiautomatic ri- that we are discussing today is the ac- purchase semiautomatic assault rifles fles and shotguns with at least two cess that juveniles have to firearms. In from individuals in private sales, and military features, such as folding my hometown of Springfield, MO, and does not require a juvenile to have pa- stocks, pistol grips, bayonet gloves, towns and cities across Missouri and rental permission in order to possess or and grenade launchers. across the United States, parents have use such a firearm. These are serious firearms. Because long played an active and crucial role We have a disparity. Handguns have they are serious, they create some new in teaching children the safe and re- been prohibited for sale both privately serious penalties. This amendment cre- sponsible use of firearms. and through licensed dealers and re- ates a new penalty of up to 20 years’ in- However, Federal law already recog- quire parental permission; semiauto- carceration for possession of handgun nizes that certain firearms involve a matic assault rifles, or AKs or Uzis, al- ammunition or semiautomatic assault higher level of responsibility than oth- though prohibited for sale by a licensed weapon or high-capacity ammunition- ers. Handguns, for instance, have long dealer, juveniles are permitted to pur- feeding device with the intent to pos- been recognized as requiring greater re- chase at private sales; and juveniles re- sess, carry, or use it in a crime of vio- strictions than other firearms. Of quire no parental permission. What we lence in a school zone. It raises the course, any restriction must respect are proposing takes care of this dis- penalty for transferring a firearm to a the second amendment rights of Amer- parity. juvenile, knowing that it will be used ican citizens, one of the fundamental It says we will treat semiautomatic in a crime of violence or drug crime, to assault weapons as we treat handguns, rights enjoyed under the Bill of Rights 20 years. under the U.S. Constitution. that we will prohibit the acquisition of Mr. SESSIONS. Will the Senator The amendment I propose today does these weapons and firearms by juve- yield? exactly that. It simply extends the rec- niles from private sales just as they Mr. ASHCROFT. I am happy to yield ognition of the need for increased re- have been prohibited from federally li- to the Senator. sponsibility to certain military-style censed dealers, and we would require Mr. SESSIONS. Mr. President, as semiautomatic assault weapons such as any possession by a juvenile of such a chairman of the Youth Violence Sub- AK–47s and Uzis. In part, this mirrors a firearm to be an acknowledged and per- committee, I very much appreciate bill which I introduced recently in the mitted possession of that firearm by Senator ASHCROFT’s leadership on this Senate, Senate bill 994. The amend- the adult or the guardian parent of the particular issue. But not just this one, ment which I have sent to the desk re- juvenile. on the entire package of legislation we It is pretty clear that what we have stricts the acquisition and possession have put together today. He has condone here is to simplify the law by say- of semiautomatic assault rifles and ducted hearings in Missouri, which I ing the same basic rules that apply to high-capacity ammunition-feeding de- was pleased to be able to attend. We juveniles on handguns will apply to ju- vices—those holding over 10 rounds of heard from victims of crime. We heard veniles in semiautomatic assault weap- ammunition—by juveniles. from police officers. We heard from ons or assault rifles. Let me say again what this amend- The law currently says in regard to a young people. We went out and met ment does. This amendment restricts handgun you can teach your child to with law enforcement officers who were juveniles from acquiring semiauto- shoot a handgun but he can’t shoot it breaking up drug labs. In the course of matic assault weapon rifles and high- without your permission. Basically, that, one of the things we dealt with capacity ammunition-feeding devices— this would harmonize semiautomatic was adult criminals using young people meaning those feeding devices which assault rifles with the law regarding to commit crimes for them. Senator hold over 10 rounds of ammunition. It handguns. ASHCROFT has prepared that part of our says juveniles do not have the author- Now, there are under existing law bill in particular, which I think is in- ity to acquire, to purchase, or to pos- some permitted uses of handguns by ju- valuable, because young people do get sess those rifles generally. veniles. If a juvenile is in the military treated less severely, and older adults Let me be clear about what this service or if a juvenile is in lawful de- are using them to commit crimes. amendment does not do. This amend- fense of himself against an intruder Zeroing in on some weapons that ment does not affect the lawful owner- into his house, he is allowed to use a young people do not need to be able to ship or possession of semiautomatic handgun—eminently reasonable. Those receive in any fashion is good legisla- hunting or target rifles or semiauto- basic exceptions ought to be trans- tion. As chairman of that sub- matic shotguns, the kind of firearms ferred or ought to exist for other fire- committee, I appreciate Senator that are routinely used responsibly by arms, as well. ASHCROFT, former attorney general of young people and American citizens Transfer of title to a firearm like the State of Missouri, former Governor across our country in hunting. It does this to a juvenile is permitted by inher- of the State, for his leadership restrict the possession and purchase of itance, though the juvenile may not throughout this process. I have enjoyed semiautomatic assault weapons and take possession until age 18, absent the working with him and look forward to the high-capacity ammunition-feeding kind of permission which would be re- continuing to do so as we move this devices associated with them. quired not only for this but for hand- bill through to success. Current Federal gun law can be aw- guns. Mr. ASHCROFT. I thank the Senator. fully complicated, but this amendment My amendment simply treats semi- I appreciate his work, coming to Mis- is not complicated. It is a straight- automatic assault weapons such as the souri to participate in the hearing. forward commonsense amendment. Let AK–47s and the Uzis, street-sweeper It became clear to us that adults me refer to a chart which shows the ex- shotguns, and high-capacity ammuni- using children to commit crimes—hop- isting law. Already, the law requires tion-feeding devices the same way for ing the children would be excused be- elevated levels of responsibility in juveniles that we treat handguns. Pri- cause of their youth and they would all terms of handguns so that a juvenile vate parties can no longer sell them to escape penalty—brings children into a individual is prohibited from pur- juveniles, and the juvenile needs paren- criminal environment. It starts them chasing a handgun from a federally li- tal permission to possess one unless he down a path of crime. That is very dan- censed dealer, prohibited from pur- is in the military or uses it for self-de- gerous, and this proposal which we are chasing a handgun in a private trans- fense. considering today obviously would ele- action or sale, and must have the per- What kind of weapons are we talking vate the penalties for that about three- mission of a parent in order to possess about that have been permitted to be fold. I am delighted.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5218 CONGRESSIONAL RECORD — SENATE May 13, 1999 Again, let me refer to this amend- I yield the floor and reserve the re- 826,000 clips, drums or strips, 250-round ment that really harmonizes the law so mainder of my time. magazines, 177-round magazines, 71- the same kinds of prohibitions apply to The PRESIDING OFFICER. The Sen- round magazines, 50-round magazines; semiautomatic assault weapons as ator from California. from Germany, 426,300; from Italy, apply to handguns. There are a few Mrs. FEINSTEIN. Mr. President, I 5,900,000, and on and on. clarifying changes in the existing law. rise to comment on the amendment the What is the significance of this? It makes it clear that parental permis- Senator has just submitted before the What gives an assault weapon the fire- sion allows possession, either with pa- body. I believe directly following this power is, first, you can hold it at your rental supervision or with prior writ- amendment, I will be introducing an hip with two hands and spray fire; sec- ten permission of a parent. Even with amendment. Last week, I announced I ondly, most of them are capable of hav- this parental permission, juveniles can would be introducing an amendment ing a very light trigger which you can only possess these weapons for three which had essentially all the parts that pull very rapidly, and being semiauto- narrow purposes: For target shooting; Senator ASHCROFT has just introduced, matic, each time you pull it, it dis- for gun safety courses; or if required plus one additional part. Let me com- penses a bullet; and the clips are very for their employment in ranching, ment on how his amendment differs big. The bigger the clip, the less the op- farming, or lawful hunting. Such a fire- from mine in the sense of the parts he portunity somebody has to disarm you. arm being transported by a juvenile has just talked about. Hence, they have become the weapon must be unloaded and in a locked case, He has added exceptions relating to of choice of grievance killers, of drive- under this amendment. So for a juve- employment, ranching, farming, hunt- by shooters, of gangs, and of drug deal- nile, even if he was transporting for ing, inheritance, target practice, and ers. None of these big clips are nec- one of these lawful purposes—that also training. The exceptions in my amend- essary for hunting. relates to handguns, I might add—the ment are military and law enforce- It always puzzles me why there is an law requires the weapon be unloaded ment. exception. As a matter of fact, over- and in a locked case. He also creates a new penalty of up whelmingly, the great bulk of States Likewise, this amendment allows to 20 years for a juvenile who uses prohibit more than seven bullets in a prior written permission to be retained these weapons with the intent to com- clip for hunting. Therefore, why you by a parent instead of carried by the mit a violent felony. I think that is a need to make an exception for hunt- juvenile in the case of juvenile posses- very positive addition. ing—I used to use a bow and arrow. I sion incident to employment, ranching, He does not make any transfer a fel- was pretty good at it. At least there or farming activities. In other words, if ony, so the penalty would still be only was some sport in it. If you come along on a ranch a youngster is carrying a up to 1 year. That is, if you transfer an pistol, obviously the written permis- assault weapon to a juvenile, the pen- with a spray-fire assault weapon and sion can exist in the ranch house while alty is only up to 1 year. That is part you are hunting some poor deer, my the youngster is doing chores or away of the problem. The penalty is so low, goodness, I am rooting for the deer, from the house with the pistol. it is difficult to sustain or even make that’s for sure. Finally, the amendment clarifies the prosecutions. But I am very pleased he I really question why we cannot plug self-defense provision of the law by per- has seen fit to offer this amendment. this loophole. I tried last year. We re- mitting possession in lawful defense of I want for a moment to talk about ceived 44 votes. I was told some people self or others in a residence against what is missing from the amendment, did not like the timing of it and, there- any threat to the life of the individuals which I will talk about more deeply on fore, I am trying at a time now when there. I think it is only reasonable to my own time. What is missing from the the juvenile justice bill is before this conclude it should not be illegal for a amendment is plugging a major loop- body. young person to pick up a handgun to hole in the assault weapons legislation Unless we close this loophole, we will defend himself and his family in the which I presented to this body in 1993 continue to build a nation that is event he is in his home and is the vic- as an amendment to the crime bill and awash with the kind of equipment that tim of a threat to his own life. which is now law. wreaks the devastation that is occur- If parents want to teach children to When the amendment came before ring all over this country. use firearms responsibly, the law the body and we were standing down in What the Senator has done is com- should not stand in the way. This law the well, another Senator approached mendable. He has put forward certainly encourages parents to play an active me and said: Would you mind if there some improvements. I have done the role in the lives of their children and were an amendment which would per- same thing with not as many excep- respects the judgment of parents. It mit the continued grandfathering of tions and added one other item. does not suggest we in Washington big clips into this country, particularly I will probably vote for that amend- know best and are better equipped than for those that have bills of lading on ment. I will also, though, press my parents to make decisions. But it does them already and are in transit? I said amendment because, as one who has say, as it relates to semiautomatic as- no. The amendment went in and got lived this assault weapons issue now sault rifles and weapons, the provisions broadened in the course of what turned for the past 6 years, unless we close that relate to handguns ought to be the out to be a rather cantankerous debate some of these loopholes, the point of provisions that relate to semiauto- on the subject, back and forth between the legislation, which is to dry up the matic rifles. That means this amend- the two Houses. huge supply of assault weapons as well ment would prohibit the private sale of This is significant because the as these big clips, essentially will not a semiautomatic assault rifle to a juve- failsafe in the assault weapons legisla- happen. This is an important loophole nile and the possession of any assault tion has to do with clips, in that the to be closed. That is essentially the dif- rifle or similar weapon by a juvenile, domestic manufacture of clips, drums, ference between our two amendments. absent the specific permission of a par- or strips of more than 10 bullets is pro- How much time remains on our side, ent. hibited in the United States subse- Mr. President? With that in mind, I think we take quent to enactment of the assault The PRESIDING OFFICER. Fourteen another step forward. We do not cure weapons legislation. That is now the minutes, 52 seconds. all the problems attendant to our soci- law. The loophole is that these clips Mrs. FEINSTEIN. Mr. President, I ety related to law-abiding responsibil- are coming in from all around the want to take this time, if I may, to do ities of young people. But we do take a world. something I have never done before, step forward to bring the law to a place Let me give a few examples. Between certainly on the floor of the Senate, of rationality and to prohibit posses- March of 1998 and July of 1998, BATF and share with you my personal experi- sion of semiautomatic assault rifles approved permits for over 8 million of ence with guns and why I feel as where pistols or handguns would be these clips. They came in from coun- strongly as I do with what is happening prohibited, and to prohibit such posses- tries all over—from Austria to in this Nation with respect to them. sion without the permission of a parent Zimbabwe. In 1976, I was president of the board in a similar way to the way in which it Let me tell you some of the things of supervisors in San Francisco. There has been prohibited for handguns. that come in from Great Britain: was a terrorist group by the name of

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5219 the New World Liberation Front that Let me tell you a couple of the char- me right down there—I will never for- was operating in the far west. They had acteristics of some of these weapons. I get where it happened—was simply a blown up power stations throughout will begin with the weapon that was grandfather clause to permit those the West. They targeted me and placed used in Littleton. weapons that had bills of lading on a bomb in a flower box outside my The Intratech TEC–9, TEC-DC9, TEC– them in transport coming into this house. The bomb had a construction- 22 is a favorite weapon of drug dealers, country. And I believe it should be grade explosive which does not deto- according to BATF gun data. One out closed. I believe the supply should be nate below freezing. It never drops of every five assault weapons traced dried up. below freezing in San Francisco. It was from a crime is a TEC–9, according to Let me talk about the school killings set to detonate at 1:30 in the morning. BATF. It comes standard with a 30- to and how these clips come into it for a It did detonate, but the explosive 36-round ammunition magazine capable moment. washed up the side of the building and of being fired as fast as the operator I sent my staff to buy some of these it did not explode. The timer went out can pull the trigger. It is one of the clips. Let’s see if it is easy; let’s see if in the street, and the next morning, we most inexpensive semiautomatic as- it is hard. found the explosive on the side of the sault weapons available. The original On the Internet, no questions asked. house. It was a very sobering thing be- pistol version, called KG–9, was so eas- It is $8, $10 for a clip; no questions cause it was right below my daughter’s ily converted to fully automatic it was asked. Give your mother’s credit card window. Then this same group shot out reclassified by the BATF in 1982 as a and you get it in the mail within a cou- about 15 windows in a beach house my machine gun. ple of days. We bought a 75-round mag- husband and I owned. The TEC–22 is very similar to the azine for an AK–47. And we bought sev- I went to the police department and TEC–9 and TEC-DC9 and fires .22 cal- eral 30-round clips for $7.99, $8. And asked for protection, and I asked if I iber ammunition, manufactured in the then if it slips into the weapon, you could learn to carry a weapon. So I re- United States. have a gun that can kill 30 people be- ceived, in 1976, a concealed weapon per- The other one widely used is the AK– fore you can be disarmed. That is why mit to carry a weapon. I was trained at 47. It is the most widely used assault I so desperately want to plug this loop- the police range. The weapon I carried weapon in the world, now manufac- hole. was a chief’s special 38, five shots. I tured in many countries. An estimated As I believe the time is up, I yield the practiced regularly. 20 to 50 million have been produced. It floor and will continue this on my own My husband was going through can- comes standard with a 30-round ammu- time. I thank the Chair. cer surgery at this time, and I remem- nition magazine capable of being fired Mr. CRAIG addressed the Chair. ber walking back and forth to the hos- as fast as the operator can pull the The PRESIDING OFFICER. Who pital feeling safer because I had this trigger. Some models are available yields time? small gun in my purse. A year later, with collapsible stock to facilitate ac- Mr. ASHCROFT. I am happy to yield arrests were made, and I returned the countability, developed in 1947 in the such time to the Senator from Idaho as gun and, as a matter of fact, it was Soviet Union. he might consume. melted down with about eight others These are two of the weapons most The PRESIDING OFFICER. The Sen- into a cross which I was able to present used—banned by the assault weapons ator from Idaho. to the Holy Father in Rome in the legislation. Mr. CRAIG. Mr. President, I thank early 1980s. What is the problem? The problem is the Senator from Missouri for yielding. Subsequent to that time, a direct the gun manufacturers are so craven I stand in support of what I think is contradictory incident changed my life that whatever you write, they find a a very needed piece of legislation. dramatically, when a colleague of mine way to get around it, to produce a While I stand always in defense of the on the board of supervisors smuggled a thumb-hole stock or some other device, constitutional right of law-abiding gun in, a former police officer, and shot but to continue the basics of the weap- citizens to own guns, I also recognize and killed the mayor and shot and on—that it can be held in two hands, the tremendously valuable linkage be- killed a colleague. that it can be spray fired. And what en- tween rights and responsibilities and I spoke about this very briefly on the ables it to be so lethal and used in the ability of people to understand floor once before, but I was the one grievance killings and used by drive-by what those responsibilities are and to who found my colleague’s body and put shooters and used by gangs is the big perform them in law-abiding ways. a finger through a bullet hole trying to clips. No one can get to you to disarm The Senator from Missouri has recog- get a pulse. I became mayor as a prod- you if you have a 70-round clip, a 90- nized that in the laws we currently uct of assassination in a most difficult round clip, or two 30-round clips have, there is the potential, if not the time in my city’s history. strapped together. reality, where we say to juveniles they Between those two incidents, I have So the purpose of the assault weap- cannot own handguns, up to a certain seen the reassurance, albeit false, that ons legislation was to dry up that sup- age, and that in fact we have seen a weapon can give someone under ply, not to take one away from any- there is a possibility, by definition of siege. With a terrorist group, one does body but over time dry up the supply. ‘‘semiauto,’’ that they could own one. not know when they will strike. I was Today, no one in this country can man- Certainly, in the case of Littleton, very frightened. I decided I would try ufacture a clip, drum, or strip of more CO, the acts were illegal. That does not to fight back, if I could, and did the than 10 bullets. No one can sell it le- make the point. The point is, the law legal things to be able to do it. So I un- gally. No one can possess it legally if it needs to be specific. That is what the derstand that reassurance. is made postban. The loophole is that Senator from Missouri is doing at this On the other hand, I have seen the they are pouring in from 20 different moment. He is making it very clear, as criminal use of weapons. Then I began nations. it relates to semiauto assault weap- to see very clearly, between the late I went to the President, and I said: onry and the loading devices, that they seventies and today, the evolution of Can you use your executive authority be appropriately prescribed under the the gun on the streets of America and to stop it? Just as he did with the for- law as it relates to juveniles and that seeing these very high-powered weap- eign importation of assault weapons. which we prohibit juveniles from pos- ons striking hard and killing innocent What I was told by Justice was, no, we sessing. people. I actually walked a block in need legislation to close the loophole. So I stand certainly in support of Los Angeles where, in 6 months, 30 peo- So I say to the Senator, where my this. I encourage my colleagues to vote ple were mowed down by drive-by legislation differs from yours is in ex- for it. I think it is the refinement of shooters carrying these weapons. ceptions and plugging this loophole. I the laws of our country relating to gun I went to 101 California Street and very much hope we can plug the loop- ownership that clearly is deserving and saw the devastation that an aggrieved hole. I very much hope the intent of appropriate in this legislation. man brought about when he walked in your legislation isn’t to submarine my I yield the floor. with assault weapons and mowed down legislation, isn’t to prevent the closure Several Senators addressed the innocent people. of this loophole, which, as submitted to Chair.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5220 CONGRESSIONAL RECORD — SENATE May 13, 1999 The PRESIDING OFFICER. The Sen- Instead, this Senate passed an who are buying ammunition clips that ator from Missouri. amendment by the Senator from Idaho are designed to do one thing—kill Mr. ASHCROFT. I inquire how much which went in the opposite direction human beings. Yet, the National Rifle time remains. and made it easier for people to buy Association says it is our constitu- The PRESIDING OFFICER. The Sen- guns without background checks. In tional right to buy these. Ridiculous. ator from Missouri has 31⁄2 minutes. fact, the amendment offered by the Ask the families across America Mr. ASHCROFT. Mr. President, I Senator from Idaho, adopted by this whether the Dianne Feinstein amend- thank the Senator from California for Senate, said you could walk into a ment makes sense and they will say her kind remarks about the intent that pawn shop and buy your gun back with- yes. Ask them whether Senator FRANK is expressed in making sure we provide out any background check. LAUTENBERG’s amendment, to make the same kind of restrictions for semi- What is wrong with that? Five times sure that we check the backgrounds of automatic assault weapons that we as many criminal felons put their guns people before they buy these guns at provide for handguns. in pawn shops as regular citizens. So gun shows, is the sort of thing we want I just say this is an important what the National Rifle Association to make certain it is safe for all Ameri- amendment. This is the subject of leg- did with this amendment by the Sen- cans. They will say yes; that makes islation I have previously filed in the ator from Idaho was make it easier for sense. Senate. I think this is appropriate be- those who use guns in crime to get Time and again, we are going to give cause this addresses the subject matter those guns without a background our colleagues, Democrats and Repub- of this bill, which is the juvenile jus- check. licans, on the Senate floor a chance to tice framework. This is not, obviously, America has to be standing back and stand up and decide whether they are a comprehensive approach to such saying: Did the Senate learn anything going to be for the families across weapons but it is very clear and spe- from what happened in Littleton, CO? America who want safety in schools or cific in terms of its reference to juve- Can we do anything to deal with gun whether they are going to shrink away niles and their possession of not only violence? in cowardice because of the National the weapons but the kind of expanded Then, last night, I went to a con- Rifle Association. Let us do the right or substantial clips or magazines, and ference committee on the emergency thing. Let us adopt Senator FEIN- it simply says juveniles are ineligible supplemental bill, and I said to the STEIN’s amendment. to possess those kinds of expanded clips gathered members of the House and The PRESIDING OFFICER. All time Senate, please, we are considering a or magazines. in opposition has expired. The Senator So I believe this measure is appro- bill worth billions of dollars. Can we from Missouri has a minute and a half. Mr. ASHCROFT. Mr. President, this priate and it will harmonize the law to put some money in to help our schools—$265 million so we can hire is a simple amendment. It simply says say that juveniles do not have greater more counselors in schools to help that what we ought to do in regard to authority to possess semiautomatic as- troubled children; $100 million for more semiautomatic assault weapons in our sault rifles than they do to possess afterschool programs so that kids can schools, for young people, is to require handguns. This harmonizes the law and be in a constructive, positive, safe en- them to have the same kind of rules we brings it into a place of reasonability. vironment. They said no, not a penny. have for handguns. Most people think I am grateful for the opportunity to In this emergency supplemental bill, that a semiautomatic assault weapon present this amendment. I appreciate, not one penny for America’s schools, is much more dangerous than a hand- and will appreciate, the support of col- but $6 billion more for military spend- gun. Yet, under current law, you are leagues who intend to vote on behalf of ing than President Clinton asked for, permitted to buy one as a juvenile. You this amendment. billions of dollars to be spent around don’t have to have your parents’ per- I yield the floor and reserve the re- the world for problems which the mission like you do with a handgun, mainder of my time. United States is involved in, but not a where you are prohibited and you do Mr. DURBIN addressed the Chair. penny to be spent on safety in schools. have to have your parents’ permission. The PRESIDING OFFICER. The Sen- What a message. What a message So what we are talking about in this ator from Illinois. coming out of Capitol Hill yesterday. If law is, for semiautomatic weapons, you Mr. DURBIN. How much time re- these are truly representative bodies in are prohibited from buying them as a mains on both sides, please? the Senate and the House of Represent- juvenile. And you cannot even possess The PRESIDING OFFICER. There is atives, to whom have they been listen- one unless you have a clear indication 1 minute 29 seconds for Senator ing? They haven’t been listening to the of your parents’ permission. ASHCROFT; and 4 minutes 27 seconds in families across America who want us We have also dealt with juveniles in opposition. to stand up and do something about these clips that are being spoken of and Mr. DURBIN. I thank the Chair. gun violence. They have been listening simply said that they are not eligible Mr. President, I rise in support of the to the National Rifle Association. They to possess these clips, that this kind of amendment to be offered by the Sen- haven’t been listening to the kids that automatic ammunition-feeding device ator from California, Mrs. FEINSTEIN. we met with this morning from all is not appropriate for and, therefore, is Let me tell you two things that hap- across the United States, who came in prohibited, in terms of selling to, in pened yesterday on Capitol Hill which and talked about their worries and the same way that we would prohibit most people across America would find their concerns about safety in schools. the sales to young people of semiauto- nothing short of incredible. We had a And they sure haven’t been listening to matic assault weapons. It does not in- chance on the floor of the Senate to the parents, worried to death about an- clude traditional hunting weapons, and say that if you went to a gun show and other school year and more violence. we are not talking about these kind of bought a gun, you would be subject to If this Senate is going to be truly things that are mentioned as spray-fir- the same law as anyone who walked representative of the people who sent ing weapons. As a matter of fact, semi- into a gun dealer. In other words, we us here, if we are going to do some- automatic is not spray firing. Spray would check your background. Are you thing to show leadership instead of firing is a machine gun. a felon; do you have a criminal record; powerlessness to groups like the Na- We are simply making the rules for do you have a history of violent mental tional Rifle Association, we should semiautomatic assault weapons the illness? pass the amendment of Senator DIANNE same as they are for handguns. It a Before we sell a gun at a gun show, FEINSTEIN. change that ought to be made. I urge we wanted to make sure there was less Stop these ammunition clips. Who on my colleagues to vote in favor of the likelihood that people would walk in God’s green Earth needs an ammuni- amendment. with those problems and walk out with tion clip with 250 bullets in it? If you The PRESIDING OFFICER. All time a gun. We were defeated. The National need that kind of ammunition to go has expired. Rifle Association defeated that amend- out and shoot a deer, you ought to The Senator from California is recog- ment. Despite the best efforts of Sen- stick to fishing. nized to offer an amendment. ator FRANK LAUTENBERG of New Jersey The bottom line is, this amendment AMENDMENT NO. 343 and many of us, we were defeated. is sensible. She is trying to stop those (Purpose: Relating to assault weapons)

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5221 Mrs. FEINSTEIN. I thank the Chair. SEC. 504. ENHANCED CRIMINAL PENALTIES FOR root for the deer because you don’t I send an amendment to the desk on TRANSFERS OF HANDGUNS, AMMU- have much of a hunter if it takes 30 NITION, SEMIAUTOMATIC ASSAULT behalf of myself and Senators CHAFEE, WEAPONS, AND LARGE CAPACITY bullets in an assault weapon to take KENNEDY, SCHUMER, TORRICELLI, DUR- AMMUNITION FEEDING DEVICES TO down a deer. BIN, LEVIN, LANDRIEU, MURRAY, and JUVENILES. For both of these two provisions, the INOUYE. Section 924(a)(6)(B) of title 18, United ban on juvenile possession of assault The PRESIDING OFFICER. The States Code, is amended— (1) in clause (i), by striking ‘‘1 year’’ and weapons and high-capacity clips, there clerk will report. are two exceptions. A juvenile may The assistant legislative clerk read inserting ‘‘5 years’’; and (2) in clause (ii)— still use or possess a handgun, assault as follows: (A) by inserting ‘‘, semiautomatic assault weapon, or high-capacity ammunition The Senator from California (Mrs. weapon, large capacity ammunition feeding magazine if he or she is a member of FEINSTEIN), for herself, Mr. CHAFEE, device, or’’ after ‘‘handgun’’ both places it the Armed Forces or the National Mr. KENNEDY, Mr. SCHUMER, Mr. appears; and Guard, and the use of such items is in TORRICELLI, Mr. LEVIN, Mr. DURBIN, Ms. (B) by striking ‘‘10 years’’ and inserting ‘‘20 the line of duty. Secondly, a juvenile LANDRIEU, Mrs. MURRAY, and Mr. years’’. may still use or possess a handgun, as- INOUYE, proposes an amendment num- SEC. 505. DEFINITION OF LARGE CAPACITY AM- sault weapon, or high-capacity ammu- bered 343. MUNITION FEEDING DEVICE. Section 921(a)(31) of title 18, United States nition if these items are temporarily Mrs. FEINSTEIN. Mr. President, I Code, is amended by striking ‘‘manufactured being used to defend a home. So, in ask unanimous consent that reading of after the date of enactment of the Violent other words, if there is one in the home the amendment be dispensed with. Crime Control and Law Enforcement Act of and the home is invaded by a number The PRESIDING OFFICER. Without 1994’’. of masked gunmen, the youth can cer- objection, it is so ordered. SEC. 506. EFFECTIVE DATE. tainly legally pick up that weapon to The amendment is as follows: This Act and the amendments made by defend himself or herself. Throughout On page 276, below the matter following this Act shall take effect 180 days after the line 3, add the following: date of enactment of this Act. my amendment, a juvenile is defined as a person under the age of 18. TITLE V—ASSAULT WEAPONS Mrs. FEINSTEIN. I thank the Chair. The third provision I have offered SEC. 501. SHORT TITLE. Mr. President, this amendment is de- This Act may be cited as the ‘‘Juvenile As- signed to close several loopholes in would finally stop the importation of sault Weapon Loophole Closure Act of 1999’’. laws that allow juveniles to obtain big large-capacity ammunition-feeding de- SEC. 502. BAN ON IMPORTING LARGE CAPACITY guns. The amendment will ban juvenile vices, and that is what the other side of AMMUNITION FEEDING DEVICES. the aisle wants to permit to continue Section 922(w) of title 18, United States possession of semiautomatic assault weapons. It will ban juvenile possession to happen. As I mentioned earlier when Code, is amended— we passed the legislation in 1994, a (1) in paragraph (1), by striking ‘‘(1) Except of large-capacity ammunition maga- grandfather clause was in it to permit as provided in paragraph (2)’’ and inserting zines. It will ban future importation of ‘‘(1)(A) Except as provided in subparagraph large-capacity ammunition magazines, those shipments that have bills of lad- (B)’’; and it makes the transfer of a handgun, ing on them to come into the country. (2) in paragraph (2), by striking ‘‘(2) Para- semiautomatic assault weapon or high- What a mistake I made at that time. I graph (1)’’ and inserting ‘‘(B) Subparagraph capacity clip to a juvenile a felony, should have fought it tooth and nail. It (A)’’; was then expanded, and you have the (3) by inserting before paragraph (3) the punishable by up to 5 years in prison. It increases the maximum penalty loophole that exists today. It has now following new paragraph (2): been more than 4 years, and I believe ‘‘(2) It shall be unlawful for any person to for transferring a handgun to a juve- import a large capacity ammunition feeding nile, with knowledge that it will be anybody who has made pre-1994 assault device.’’; and used to commit a crime, from 10 to 20 weapons and clips has had an oppor- (4) in paragraph (4)— years. It does that same thing for tunity to import them into this Na- (A) by striking ‘‘(1)’’ each place it appears transfer of a semiautomatic assault tion. My goodness, BATF, in 6 months, and inserting ‘‘(1)(A)’’; and approves permits for 8.6 million of (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. weapon to a juvenile. I think we have had a good discussion them. Now, look at the number of SEC. 503. PROHIBITION ON TRANSFER TO AND years that have gone by already. If you POSSESSION BY JUVENILES OF on the first part of the amendment multiply every 6 months by 8.6 million, SEMIAUTOMATIC ASSAULT WEAP- with Senator ASHCROFT’s legislation; ONS AND LARGE CAPACITY AMMUNI- that is, the amendment banning juve- you will get a sense of the number that TION FEEDING DEVICES. nile possession of a semiautomatic as- are coming in. Section 922(x) of title 18, United States Let me say, once again, it is illegal Code, is amended— sault weapon. Current law already pro- (1) in paragraph (1)— hibits any person under the age of 18 to manufacture them domestically, sell (A) in subparagraph (A), by striking ‘‘or’’ from owning or possessing a handgun, them domestically, and possess them at the end; with certain very limited exceptions. domestically, if they were made after (B) in subparagraph (B), by striking the pe- Yet, the law does nothing to prevent a the ban. The problem is, BATF has no riod at the end and inserting a semicolon; juvenile from possessing the deadliest way of knowing whether the clip, once and it is in, was made before or after the (C) by adding at the end the following: of assault weapons, those banned by our legislation of 1994. This would close ban because BATF can’t go to Austria, ‘‘(C) a semiautomatic assault weapon; or or Great Britain, or Italy, or ‘‘(D) a large capacity ammunition feeding that loophole. device.’’; Secondly, the amendment bans juve- Zimbabwe, or Czechoslovakia, or East (2) in paragraph (2)— nile possession of large-capacity am- Germany, or any of these other places (A) in subparagraph (A), by striking ‘‘or’’ munition-feeding devices. where these big clips are made and at the end; Now, what is a large-capacity ammu- brought into this country. (B) in subparagraph (B), by striking the pe- nition-feeding device? It is something Last year, the President stopped the riod at the end and inserting a semicolon; like this, where 30 rounds go into this importation of most copycat assault and weapons into this country with an ex- (C) by adding at the end the following: clip. The clip goes up into the weapon, ‘‘(C) a semiautomatic assault weapon; or and you can use the weapon and spray ecutive order. The Justice Department ‘‘(D) a large capacity ammunition feeding fire, having a large number of bullets. has advised that the President doesn’t device.’’; and Most assault weapons come standard have the authority to ban the big clips (3) in paragraph (3)— with 20- or 30-round clips. These big and close the loophole. That is why the (A) in subparagraph (B), by inserting ‘‘, drums or clips are the tools that allow legislation is before us today. semiautomatic assault weapon, or large ca- a person to rapidly fire shot after shot Mr. President, I ask unanimous con- pacity ammunition feeding device’’ after after shot with no opportunity to be sent that a document entitled ‘‘Fire- ‘‘handgun’’; and (B) in subparagraph (D), by striking ‘‘or disarmed. arms and Explosives Import Branch, ammunition’’ and inserting ‘‘, ammunition, As I said earlier, they have no sport- High-Capacity Magazine Import To- semiautomatic assault weapon, or large ca- ing purpose. Anybody who sees some- tals, 3/98 to 7/98’’ be printed in the pacity ammunition feeding device’’. body deer hunting with one of these, RECORD.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5222 CONGRESSIONAL RECORD — SENATE May 13, 1999 There being no objection, the mate- FIREARMS AND EXPLOSIVES IMPORTS BRANCH, HIGH CA- Angry 5-year-old Took Gun to School. rial was ordered to be printed in the PACITY MAGAZINE IMPORT TOTALS, BY COUNTRY OF Memphis. Five-year-old kindergartner was RECORD, as follows: EXPORT, 3/98–7/98—Continued arrested after bringing a loaded pistol to school because he wanted to kill his teacher [This does not reflect the country of manufacture] FIREARMS AND EXPLOSIVES IMPORTS BRANCH, HIGH CA- for punishing him with a ‘‘time out,’’ accord- No. of mag- ing to police records. The .25 caliber semi- PACITY MAGAZINE IMPORT TOTALS, BY COUNTRY OF Total rounds automatic pistol in the child’s backpack was azines per approved EXPORT, 3/98–7/98 country confiscated by teacher Maggie Foster on Fri- [This does not reflect the country of manufacture] day after another pupil brought her a bullet. Totals ...... 300 9,000 ‘‘He said he wanted to shoot and kill several No. of mag- Total rounds Taiwan: pupils as well as a teacher,’’ the arrest ticket azines per 30 round magazines ...... 1,000 30,000 country approved said. He stated he was going to shoot Ms. Totals ...... 1,000 30,000 Foster for putting him in ‘‘time out,’’ a form Austria: Zimbabwe: of discipline for young children. 20 round magazines ...... 300,000 6,000,000 30 round magazines ...... 32,000 960,000 The boy was charged with carrying a weap- 32 round magazines ...... 42,874 1,307,968 Totals ...... 300,000 6,000,000 on. It was unclear if he would be prosecuted. Belgium: ‘‘A five-year-old is not capable of forming 15 round magazines ...... 3200 48,000 Mrs. FEINSTEIN. Once again, this 30 round magazines ...... 500 15,000 criminal intent,’’ juvenile court Judge Ken- describes the countries—Austria, Bel- neth Turner said. ‘‘The boy got the gun from Totals ...... 3700 63,000 gium, Chile, Costa Rica, Czech Repub- atop his grandfather’s bedroom dresser,’’ Chile: lic, Denmark, England, Germany, said Jerry Manassass, juvenile director of 15 round magazines ...... 30,700 460,500 Greece, Hungary, Indonesia, Israel, court services. The boy and his mother live 20 round magazines ...... 2,234 44,680 with the grandfather. ‘‘The State’s Depart- 30 round magazines ...... 35,482 1,064,460 Italy, Nicaragua, South Africa, Swit- 32 round magazines ...... 1,008 32,256 zerland, Taiwan, and Zimbabwe—where ment of Children Services will investigate the boy’s home situation,’’ officials said. Totals ...... 69,424 1,601,896 during this 6-month period these big And that’s that. Costa Rica: clips received permits. 15 round magazines ...... 6,000 90,000 Doesn’t that frighten you? Doesn’t it The final provision in this amend- make you think that this Nation is so Totals ...... 6,000 90,000 ment will increase penalties on any Czech Republic: awash with guns that it has even trick- 15 round magazines ...... 20,000 300,000 person who sells or transfers a hand- 20 round magazines ...... 25,000 500,000 led down to a five-year-old who knows 70 round magazines ...... 5,000 350,000 gun, assault weapon, or high-capacity enough to pick up a gun and take it to ammunition magazine to a juvenile. Totals ...... 50,000 1,150,000 school? It frightens me, and I believe it Denmark: Any transfer of a handgun, assault concerns the dominant majority of 32 round magazines ...... 238 7,616 weapon, or one of these clips to a juve- 36 round magazines ...... 840 30,240 American people. We have a chance to nile, under my legislation, would be- do something about it. Totals ...... 1,078 37,856 come a felony punishable by up to 5 England: We can’t entirely change the culture. 20 round magazines ...... 644,800 12,896,000 years in prison. And any person who We can pass, as we have, certain pieces 25 round magazines ...... 27,500 687,500 transfers to a juvenile, knowing that it 30 round magazines ...... 101,650 3,049,500 of legislation. We can use the bully pul- 32 round magazines ...... 28,490 911,680 is going to be used to commit a crime, pit. We can talk about parents keeping 50 round magazines ...... 500 25,000 is subject to a maximum penalty of 20 71 round magazines ...... 3000 213,000 their guns safe. We can use trigger 177 round magazines ...... 200 35,400 years. As I said earlier, the legislation locks. We can make parents respon- 250 round magazines ...... 20,000 5,000,000 applies the handgun prohibition to as- sible—all of which I think we should Totals ...... 826,140 22,818,080 sault weapons as well. do. But the one thing we can and we Germany: Now, let me just speak for a moment 15 round magazines ...... 10,000 150,000 must do is keep large firepower out of 16 round magazines ...... 800 12,800 about what we have seen happen in the the hands of juveniles. The more you 20 round magazines ...... 34,500 690,000 last 3 years. Since I became, I might 30 round magazines ...... 230,000 6,900,000 proliferate these weapons and make it 40 round magazines ...... 100,000 4,000,000 say, gun-sensitive in 1976, I have easy for youngsters to obtain the am- 75 round magazines ...... 50,000 3,750,000 watched incidents develop in the 100 round magazines ...... 1,000 100,000 munition feeding devices, just by using United States. It is not hard for any of their computer, just by punching in Totals ...... 426,300 15,602,800 us to see that what has happened is a Greece: their family’s credit card, we create 30 round magazines ...... 6,062 181,860 combination of things. In the first the situation where more lives can be 32 round magazines ...... 55,900 1,788,800 place, there are parents that, appar- taken. Totals ...... 61,962 1,970,660 ently, don’t teach their youngsters val- Almost 1 in 12 high school students Hungary: 20 round magazines ...... 20,800 416,000 ues; schools that are too big; coun- report having carried a gun in the last 30 round magazines ...... 20,800 624,000 selors that are too rare; the burgeoning 30 days. This is despite Senator DOR- 70 round magazines ...... 500 35,000 71 round magazines ...... 200 14,200 group of youngsters who feel aggrieved GAN and my gun-free schools bill. In or not accepted or not ‘‘one of them,’’ 1996, 2,866 children and teenagers were Totals ...... 42,300 1,089,200 Indonesia: or is jealous, is going to essentially murdered with guns, 1,309 committed 30 round magazines ...... 100,000 3,000,000 have the last laugh by going in and suicide with guns, and 468 died in unin- Totals ...... 100,000 3,000,000 really taking out a large number of tentional shootings. Gunshot wounds Israel: students. We saw it in Moses Lake, are now the second leading cause of 20 round magazines ...... 65,900 1,318,000 25 round magazines ...... 17,000 425,000 WA; Bethel, AK; Pearl, MS; West Padu- death among people aged 10 to 34. What 30 round magazines ...... 80,000 2,400,000 cah, KY; Jonesboro, AR, which in- a commentary on this Nation. The fire- 32 round magazines ...... 2,000 64,000 35 round magazines ...... 7,000 245,000 volved 2 killers, one of them just 11 arm epidemic in this country is now 10 50 round magazines ...... 65,900 1,318,000 years old; Edinboro, PA; Fayetteville, times larger than the polio epidemic of Totals ...... 172,900 4,502,000 TN; Springfield, OR; and now Little- earlier this century. Italy: ton, CO. All of these took place not in In the 1996–1997 school year alone, 11 round magazines ...... 20,000 220,000 12 round magazines ...... 506,318 6,075,816 Los Angeles, New York, Detroit, Chi- more than 6,000 students across this 13 round magazines ...... 1,151,264 3,049,500 cago, Cleveland, or San Francisco, but Nation were caught with firearms in 15 round magazines ...... 1,940,556 14,966,432 17 round magazines ...... 1,308,696 22,247,832 in small suburban communities, many school. Is there a Member of this body 20 round magazines ...... 1,000,000 20,000,000 of them deeply religious, most of them who saw guns in their classrooms as Totals ...... 5,962,834 46,559,580 middle to upper-class they were growing up? I don’t think so. Nicaragua: socioeconomically. I sure didn’t. But I will tell you this: I 20 round magazines ...... 10,000 200,000 50 round magazines ...... 500 25,000 So what has happened? I believe that addressed the fourth grade class in Hol- what happened is we have seen the fo- lywood and I said: What is your great- Totals ...... 10,500 225,000 South Africa: menting of a culture of violence sur- est fear? And that fourth grade said 20 round magazines ...... 54,360 1,087,200 rounding youngsters. I have used this being shot. I said: How many of you 25 round magazines ...... 23,500 587,500 before and I will use it again. I would have heard shots? And every single Totals ...... 77,860 1,674,700 like to read directly from the Wash- hand in the class went up in Holly- Switzerland: 20 round magazines ...... 300 9,000 ington Post article dated Monday, May wood, CA, as having heard shots. What 11: kind of a nation are we becoming when

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5223 our youngsters have to be reared in have rocked our nation and our on the floor of this Chamber. Certainly, this kind of environment? schools. Children watch too much TV, there should be greater enforcement I notice the distinguished Senator, therefore they are violent. Children go than there is. my cosponsor of this amendment, Sen- to violent movies, therefore they act But, first of all, let’s have the law ator CHAFEE of Rhode Island, is on the out what they see. Children play video making it illegal, not only to own one floor. If I might, I would like to yield and computer games with violent of these weapons—for a minor to or for time to him, as much time as he re- themes, therefore they become killers. a child to—but also the clip that goes quires. Perhaps there is truth in these conclu- with it. Mr. CHAFEE. I thank the distin- sions, but there is a much simpler It should not be lawful for children to guished Senator from California. truth. It is foolhardy and irresponsible possess assault weapons and large ca- The PRESIDING OFFICER. The Sen- to allow children to possess assault pacity ammunition clips. It should not ator from Rhode Island. weapons. be possible for foreign manufacturers Mr. CHAFEE. I thank the Chair. In America, a 15-year-old child can’t to flood the United States with a prod- Mr. President, I am pleased to co- drive a car, but he can own an assault uct domestic manufacturers are forbid- sponsor Senator FEINSTEIN’s amend- weapon. An 18-year-old can’t buy a den to produce. Adults who provide ment, which is designed to keep assault beer, but he can own an assault weap- these deadly weapons to children weapons and large capacity ammuni- on. There are age requirements for should be punished. tion feeding devices out of the hands of buying cigarettes or attending certain That is part of the legislation for children. Also, I am grateful to Chair- movies, but there are no age limits which the distinguished Senator from man HATCH for the opportunity to dis- when it comes to assault weapons. The California has pushed. Senator FEIN- cuss this important matter. age requirements for certain activities STEIN’s amendment is about children For years, Senator FEINSTEIN has are meant to keep children out of and safety. been an ardent proponent of banning harm’s way. That’s what this amend- I urge my colleagues to rely on their assault weapons and large capacity am- ment is meant to do, too. common sense and vote to take assault munition clips. In 1994, Congress wisely We have an opportunity today to say weapons away from children. enacted legislation to prohibit domes- enough is enough. We have an oppor- I thank the Chair. I thank the distin- tic production of assault weapons and tunity to use our common sense and guished proponent of this amendment. large capacity ammunition feeding de- take assault weapons and large capac- Mrs. FEINSTEIN. Mr. President, I vices. Regrettably, it took a terrible ity clips away from children. We have think the distinguished Senator from tragedy to give us that wisdom. an opportunity to learn from the hor- Rhode Island knows I hold him in very In January 1989, our nation was ror that all of American has witnessed high regard, but I want him to know stunned when Patrick Purdy murdered in our nation’s schools. that my fondness for him has just in- 5 children and injured 30 others in a Assault weapons and large capacity creased exponentially. schoolyard in Stockton, CA. With the magazines were used in two of the hor- Thank you very much for that very horror of that slaughter fresh in our rific shootings we all watched on the compelling statement. minds and hearts, Congress enacted the evening news. At Thurston High School Mr. CHAFEE. I am delighted to be assault weapons ban as part of the Vio- in Springfield, OR, a 15-year-old, who associated with her. I want to say, re- lent Crime Control and Law Enforce- was suspended for bringing a gun to grettably, we haven’t passed much gun ment Act of 1994. school, returned the next day and control legislation on the floor of this That legislation, principally pro- opened fire in a crowded cafeteria. He Senate, but because the Senator from posed and fought for by the distin- killed two students and wounded 22 California was so dogged and deter- guished Senator from California, Mrs. others, using a large capacity ammuni- mined in, I believe, 1994, some 5 years FEINSTEIN, prohibits the manufacture, tion clip. Most recently, two boys in ago, we were able to take a big step possession, and transfer of semiauto- Littleton, CO, devastated their commu- forward. Now she has come up with leg- matic weapons and large-capacity am- nity by storming their school, mur- islation to eliminate some of the loop- munition clips that were not lawfully dering 12 schoolmates and a teacher, holes in that bill. owned prior to enactment of the 1994 and finally killing themselves. One of I thank the Chair and I thank the act. Regrettably, there are gaping loop- the weapons the boys used was a Tec-9 distinguished Senator from California. holes in that law. assault pistol. Mrs. FEINSTEIN. Mr. President, I The amendment Senator FEINSTEIN It’s time to end the madness. It’s yield 5 minutes to the distinguished and I have offered today is designed to time to take common sense steps to Senator from Michigan. close the loophole in the law that en- keep guns, particularly assault weap- Mr. LEVIN. I thank my good friend ables children to gain access to assault ons and large capacity clips, out of the from California, and I commend her weapons and large capacity ammuni- hands of children. We teach our chil- and the Senator from Rhode Island and tion clips. It is intended to close the dren not to play with matches; to look others who are actively pursuing this loophole that allows large capacity both ways before crossing the street; very important amendment. ammunition clips, which are manufac- we tell them not to talk to strangers. Mr. President, I believe that the tured abroad, to flood the United We teach them lessons to keep them tragedy in Littleton, Colorado struck a States. And it is designed to increase safe, but we allow them access to the chord with every American. Three penalties on adults who provide chil- deadliest of weapons. It doesn’t make weeks ago, we watched in disbelief as dren with handguns, deadly assault sense. It is unjustifiable. children turned violent against other weapons, and large capacity clips. We have a chance today to close the children, and we asked ourselves why. This amendment is a matter of com- loophole in the assault weapons ban There is no single answer to that ques- mon sense. Common sense led us to that permits what our common sense tion. The violence in movies, on tele- prohibit possession of handguns by tells us is insane. vision, and in video games alarms us children. Nevertheless, we permit chil- Mr. President, clearly, it will be ar- all. Our culture is surely far too vio- dren to possess assault weapons and gued on the floor of this Senate that lent. But, in these school shootings, we large clips. These are not weapons in- we have a host of laws on the books— see one crucial common denominator: tended for hunting or recreational pur- I think somebody said 40,000 laws. I guns. poses. These are lethal weapons de- don’t know whether that is accurate or Guns kill some 35,000 people in the signed to make it easy to kill. Yet, the not. But if it is, there is a mass of laws United States each year. We’ve grown law says it’s just fine for children to on the books, and all we have to do is so accustomed to the carnage that possess them. enforce these laws and we wouldn’t guns cause that only the most horrific There is a lot of discussion on the have these troubles. acts of violence are capable of shaking floor of this Chamber about the culture There is no law dealing with assault us from our slumber. We paused in the of violence. weapons in the hands of children—cer- Senate to observe a moment of silence We are asked to blame the ‘‘culture tainly no Federal law. There ought to to pay tribute to those who died at Col- of violence’’ for the rash shootings that be one along with passage of these laws umbine High School and to express our

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5224 CONGRESSIONAL RECORD — SENATE May 13, 1999 sympathy for their loved ones. But now lect, make, and shoot guns. I’ve never Our country has recognized that with this latest tribute for the victims used an automatic or semiautomatic there is an age of maturity to drive an in Littleton behind us, we need to be for hunting. There is no need to. They automobile. We recognize there is an anything but silent. have no place in anybody’s arsenal.’’ appropriate age of maturity to con- There is no one cause of youth vio- Senator Goldwater was right when he sume alcohol, to exercise the right to lence, the causes are many. But among said that assault weapons have no vote—the basic sovereignty of our peo- them there is one that cannot be ig- sporting purpose. How many more ple. Yet, with the power to take a nored or denied: the easy access our tragedies will it take before, at a bare human life by the exercise of the ex- young people have to deadly weapons. minimum, we take assault weapons traordinary power in these weapons, Violence in television shows, video and large ammunition clips out of the young people like those in Littleton games and movies horrifies us as par- hands of children? who consumed so many lives operate ents and grandparents. But these same This amendment does that. I hope without restrictions. programs and those same games are this Senate will give its support. I com- I believe those who responded to the the predominant entertainment in mend the Senators from California and massacre in Littleton were sincere in many other countries, as well, which Rhode Island. wanting to deal with this problem. But have a small fraction of our gun mur- Mrs. FEINSTEIN. Mr. President, I it requires more than words. It requires der rate. Look at our border with Can- thank the distinguished Senator from the one area of political life that I ada. In 1997, the U.S. death rate involv- Michigan. A while back, a former Vice most admire and is in the shortest sup- ing firearms was about 14 per 100,000 President said he is one of the great ply in our country—courage—the cour- people. The rate for Canada was less minds of the Senate. I certainly agree age to go to those few advocates who than one-third of that, about 4. Cana- with that. I think you know that. believe they are so right and their dian towns on our border watch exactly Thank you very much. privileges are so important that the the same T.V. and movies we do. Their I see the distinguished Senator from larger good of the public must be com- kids play the same video games as New Jersey on the floor. I yield 5 min- promised. I suggest to them they must ours. In 1997, there were 354 firearm utes of my time to Senator TORRICELLI. compromise for the sake of the Nation. homicides in Detroit; across the river Mr. TORRICELLI. I thank the Sen- That is the moment in which we now in Windsor, Ontario, one fifth its popu- ator from California for yielding. find ourselves. Senator FEINSTEIN has lation, there were only 4. The crucial Mr. President, all of us, after Little- offered an amendment that would difference is the easy availability of ton, grieved together. I believe all of interfere with the rights of no parents firearms in the U.S. If we equate the those prayers and condolences were who want to teach their child to use a populations, that would mean that on sincere. But we also pledged to finally firearm responsibly or want to have a an apples and apples basis, Windsor take the issue of gun violence and firearm in their home. It deals only would have had 20 firearm homicides. young people in America seriously. with that class of weapons for which They watch the same television, they Those pledges may not have been as there is no hunting purpose, no legiti- watch the same movies, and they play sincere. mate function for which any teenager the same video games. We had 354 fire- It was my hope in this debate that we in any school of America should want arm homicides in Detroit; Windsor has would deal with some very funda- to own an assault rifle or a multibullet 20 on a comparable basis. mental issues—restricting the ability clip. That is all we deal with. The crucial difference isn’t, then, the to buy handguns to one a month; stop- Inexplicably, I do not know if we will atmosphere of violence which pervades ping the wholesale transfer of these succeed. too much of our environment; the crit- guns into our cities and small towns in Last year, we lost over 3,500 young ical, crucial difference is the easy States like my own of New Jersey. people to gunfire; 3,500 deaths. This is availability of firearms in the United I hoped we would extend the Brady no perfect answer. It will not eliminate States. period to give a cooling off period to all of those deaths. It may not elimi- No matter how severe this plague of people who buy these weapons. I hoped nate a majority of those deaths. But no gun violence is for society as a whole, to regulate firearms like any other one on this Senate floor can credibly for the young it is far worse. For young consumer product. argue that with the adoption of the males, the firearm death rate is nearly We decided not to do these things be- Feinstein amendment some lives will twice that of all diseases combined. cause we wanted to meet our oppo- not be saved; that the chances of a One hundred and thirty-five thousand nents, those who are advocates for the Littleton are not measurably reduced. guns are brought into U.S. schools gun lobby, halfway. So we restricted The Senate has a choice. Senator every day, according to an estimate by ourselves to the most reasonable, the ASHCROFT has also offered an amend- the National School Board Associa- least controversial. It might have been ment and it would also restrict to mi- tion—135,000 guns every day brought a mistake, because even those com- nors access to some of these weapons. into our schools. Guns are not the monsense initiatives, which I think The PRESIDING OFFICER. The Sen- cause of violent emotion, but guns are most Americans would subscribe to, ator has spoken for 5 minutes. the predominant cause of violent are not succeeding. Mrs. FEINSTEIN. Mr. President, I killings and murders when such violent Yesterday, this Senate failed in an yield the Senator an additional emotions are acted out. effort to restrict sales at gun shows minute. There are numerous loopholes in the without background checks—4,000 gun Mr. TORRICELLI. I thank the Sen- Federal gun laws which I think would shows that operate outside of the cur- ator for yielding an additional minute. surprise most Americans. The Fein- rent checks for mental illness and pre- But only the Feinstein amendment stein amendment before the Senate ad- vious legal convictions. Now we return offers not only restricting this class of dresses loopholes which allow youth again with another provision that weapon to young people, but also closes access to, for instance, the assault should be equally noncontroversial. the loophole that allows these multi- weapons which have been discussed. Most people in America wouldn’t be- bullet clips that allow the rage of a Most of these are commonsense pro- lieve this provision is necessary. I child who would take a single life to posals. would have a hard time convincing destroy a school, an entire group of Ten years ago, maybe now a little most people in New Jersey that this people—to commit a mass murder. longer than that, former Senator Barry amendment is required, because most I do not argue this alone will stop Goldwater first heard that a madman people would believe it was already these tragedies. No one here can argue walked into a schoolyard in Stockton, law: That an 18- or 19-year-old can buy that any one formula, any one idea will CA, with a rapid-firing AK–47 and shot an assault rifle; that any child can buy eliminate this problem. But I will tell off 100 rounds in 2 minutes, killing 5 a rifle or shotgun, including assault ri- you this, Senator FEINSTEIN has the children and wounding 30. Senator fles such as the infamous street-sweep- one proposal that can address the rage, Goldwater said, ‘‘I’m completely oper; that any youth 18 to 21 can pri- the inexplicable rage that must be posed to selling automatic rifles, and I vately buy an assault pistol such as the dealt with—by families and schools and have been a member of the NRA. I col- TEC–9 used in Littleton. churches and synagogues, exploding on

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5225 such a level—by taking both these Does it make sense, then, to continue loophole which allows criminals to get weapons of mass destruction and these to increase the supply? I do not believe guns just gets wider. The American multibullet clips out of circulation. it does. people are scratching their collective I congratulate her for her amend- I suggest the absence of a quorum heads and saying, What is going on in ment. I ask the Senate, with all the and reserve the remainder of my time. this Senate of the United States? There rage you felt after Littleton, with all The PRESIDING OFFICER. Without is the blood of young children on our the conviction you felt to solve this objection, the clerk will call the roll. schoolhouse floors, and not only do we problem, and all the compassion you The assistant legislative clerk pro- fail to take the modest step of closing felt for those children, have that ceeded to call the roll. the gun show loophole, we actually strength, that courage and that convic- Mrs. FEINSTEIN. Mr. President, I make it wider. I don’t get it. I am new tion now. For once, at long last, let’s ask unanimous consent that the order in the Senate, but I just don’t get it. take a stand and cast a vote so, as the for the quorum call be rescinded. As the entire Nation turns its eyes years pass, we will have real pride that The PRESIDING OFFICER. Without towards the Senate to do something to we made some contribution. Just as we objection, it is so ordered. keep guns out of the hands of crimi- ask those parents, those schools, those Mrs. FEINSTEIN. Mr. President, I nals, we give criminals a new special churches, those synagogues to play ask that the Senator from New York be pawnshop exemption, one that did not their role and be part of this solution, recognized for the remainder of my exist even in the months before Little- let the Senate be part of this solution, time. ton. Shame on us. too. Also, I ask unanimous consent the On the amendment of the Senator I yield the floor. junior Senator from Rhode Island, Mr. from Idaho, there was some discussion The PRESIDING OFFICER (Mr. FITZ- JACK REED, be added as a cosponsor of between him and me about it yester- GERALD). The Senator from California. the amendment. day, but now it seems that all of the Mrs. FEINSTEIN. Mr. President, I The PRESIDING OFFICER. Without provisions I mentioned that were in thank the distinguished Senator from objection, it is so ordered. The Senator that amendment seem to be true. And, New Jersey for his thinking. I very from New York. frankly, the Senator from Idaho was much appreciate it. It seems to me, Mr. SCHUMER. I thank the Chair, gracious enough to admit that to me in those of us who have big cities in our and I thank the Senator from Cali- the well of this Chamber this morning. States really understand what a lot of fornia, not only for the time but, far Let me tell you what we passed into this is about. I think it is very impor- more important, for her leadership on law yesterday. tant. When we get back here I think we this issue. A violent felon gets out of jail and forget what it is like out there, the We were the coauthors of the assault has little cash, so he pawns some of his ease with which youngsters can obtain weapons ban of 1994. She carried it guns. At this point, he is not even al- these high-powered implements which bravely in the Senate, and then I followed to own a gun by law. Later, he are capable of killing so many people lowed in the House. raises money—maybe through a job, at one time. So I thank the Senator We still have unfinished work to do. maybe through a crime; who knows— very much for his support in this. That is what this amendment is all and he goes to redeem his gun. And Mr. President, how much time do I about. The Senator from California has now there will be no background check have left? well documented the need for this leg- because of the amendment of the Sen- The PRESIDING OFFICER. The Sen- islation. But let me say that this is ator from Idaho. ator has 6 minutes 50 seconds. such a simple, carefully drawn, and In 1994, of the 5,405 people who re- Mrs. FEINSTEIN. Mr. President, let modest measure that to take half a deemed their own gun at a pawnshop, me once again state what is the funda- loaf or a quarter of a loaf is not good 294 were caught in the Brady net. When mental difference between the amend- enough, particularly in light of the America begged the Senate to do some- ment proposed by the distinguished tragedy in Littleton and the tragedies thing about guns, they were not asking Senator from Missouri and my amend- which have occurred throughout Amer- us to bring back the pawnshop loop- ment. My amendment has one thing ica. hole. Why are we back-peddling? And that his does not. It closes the loophole The Senator from Missouri has tried other places, too. in the 1994 assault weapons legislation. to deal with a part of the Feinstein The PRESIDING OFFICER. The Sen- Today, it is illegal for anyone, do- amendment, but it still leaves a giant ator from Utah controls 45 minutes. mestically, to manufacture these big exception for young people to get these Mrs. FEINSTEIN addressed the clips. It is illegal for them to sell them. clips for hunting, for employment, for Chair. It is illegal for people to possess them. a group of other exceptions. The PRESIDING OFFICER. The Sen- But it is not illegal to bring them in I say, if we believe these clips are un- ator from California. from abroad. So why wouldn’t we necessary—unnecessary for hunting, Mrs. FEINSTEIN. I ask unanimous straighten this out? Why would we dis- unnecessary for self-defense—because consent for 20 seconds. advantage our domestic manufacturers they kill far too many people, then The PRESIDING OFFICER. Is there and allow all of this stuff, these big why are we making such an exception? objection? clips, up to 250 rounds, to come in from So I ask my colleagues, if you really Mr. SCHUMER. Will the Senator abroad? It makes no sense. What is believe in rational laws on guns, if you from California yield for a question? sauce for the goose is sauce for the really believe that young people should Mrs. FEINSTEIN. Of course. gander. In a simple equity argument, not have the kinds of clips—30-round— Mr. SCHUMER. Will the Senator we have closed the supply off domesti- from all across the world sent to this from California ask unanimous consent cally. Why permit these clips to come country for no other purpose than to that I be recognized for an additional in from foreign countries? harm and maim—no legitimate pur- minute, just to finish my point? Mr. President, I believe as soon as pose—then how can you believe it is Mrs. FEINSTEIN. I ask unanimous Senator SCHUMER comes he would like OK half of the time or a quarter of the consent the Senator from New York be some time on this amendment as well. time or three-quarters of the time? recognized for an additional minute. But I think we have an opportunity So I urge my colleagues to pass this The PRESIDING OFFICER. Is there today for both parties to come together amendment, not to shy away from it objection? and do something important for our with a modification that does not real- Mr. HATCH. Mr. President, we yield Nation. I deeply believe this legislation ly do the job, but to take this well- a minute to each, if it is all right. Do is supported by 80 percent to 90 percent thought-out and modest step. you want more? of the American people. Why would we Let me say something else about the The PRESIDING OFFICER. Without not enact it? Both of us want the same climate around here as it relates to objection, it is so ordered. thing. We want to keep these weapons this amendment and all of the amend- Mr. SCHUMER. I thank the Senator out of the hands of juveniles and we ments that are here. for his generosity. want to keep these big clips out of the What a bitter disappointment it is Mrs. FEINSTEIN. You finish, and hands of juveniles. that the response to Littleton is that a then I will go.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5226 CONGRESSIONAL RECORD — SENATE May 13, 1999 Mr. SCHUMER. I thank the Senator (3) in paragraph (3)— argued it and 55 Senators said we ought from California. (A) in subparagraph (B), by inserting ‘‘, not change this provision of the law. There were two other exceptions in semiautomatic assault weapon, or large ca- That is because, in 1994, Congress de- the Craig amendment, two other loop- pacity ammunition feeding device’’ after bated banning the future importation holes that, again, made it easier for ‘‘handgun’’; and (B) in subparagraph (D), by striking ‘‘or and manufacturing of high-capacity people—children, criminals—to get ammunition’’ and inserting ‘‘, ammunition, clips with more than 10 rounds of am- guns. One is an exemption from liabil- semiautomatic assault weapon, or large ca- munition. Frankly, I was one of those ity for certain gun dealers; another pacity ammunition feeding device’’. who opposed banning this ammunition would allow gun dealers to actually set SEC. 504. ENHANCED CRIMINAL PENALTIES FOR because I felt it had nothing whatso- up shop out of State, something un- TRANSFERS OF HANDGUNS, AMMU- ever to do with controlling crime. heard of since 1968. I would caution my NITION, SEMIAUTOMATIC ASSAULT Enforcement controls crime: Cops on WEAPONS, AND LARGE CAPACITY colleagues in the Senate, evidently the AMMUNITION FEEDING DEVICES TO the street with the ability to make Craig amendment had other loopholes JUVENILES. sure, when they arrest somebody who as well, which we will talk more about Section 924(a)(6)(B) of title 18, United uses a gun in the commission of a later. States Code, is amended— crime, that some attorney will not plea So please, let us, everyone, if we are (1) in clause (i), by striking ‘‘1 year’’ and bargain them back to the street. Adult afraid to take a step forward—and I inserting ‘‘5 years’’; and crime is going down today because we pray that we are not—not take three (2) in clause (ii)— (A) by inserting ‘‘, semiautomatic assault are locking people up, in part. And yet steps backwards, which up to now the weapon, large capacity ammunition feeding we are going to have a bill on the floor Senate has done. device, or’’ after ‘‘handgun’’ both places it in the next few minutes which is going I yield back. appears; and to make it even tougher for Federal AMENDMENT NO. 343, AS MODIFIED (B) by striking ‘‘10 years’’ and inserting ‘‘20 prosecutors to walk away from their Mrs. FEINSTEIN. Mr. President, I years’’. responsibility under the law; and that ask unanimous consent to submit a SEC. 505. DEFINITION OF LARGE CAPACITY AM- is to put people away who use guns in small technical correction to my MUNITION FEEDING DEVICE. the commission of a crime. That is how Section 921(a)(31) of title 18, United States amendment at the desk. you make the streets safer. The PRESIDING OFFICER. Is there Code, is amended by striking ‘‘manufactured after the date of enactment of the Violent Well, at least that is how you make objection? Crime Control and Law Enforcement Act of the streets safer in relation to also pro- Without objection, it is so ordered. 1994’’. tecting a private citizen’s right to own The amendment (No. 343), as modi- SEC. 506. EFFECTIVE DATE. and to collect. fied, is as follows: This Act and the amendments made by I think, however, even the sponsor On page 276, below the matter following this Act except sections 502 and 505 shall has acknowledged it would be unfair to line 3, add the following: take effect 180 days after the date of enact- outlaw existing clips or some clips. She TITLE V—ASSAULT WEAPONS ment of this Act. did in 1994. In all fairness to her, she SEC. 501. SHORT TITLE. Mr. CRAIG addressed the Chair. has honestly said on the floor she made This Act may be cited as the ‘‘Juvenile As- The PRESIDING OFFICER. The Sen- a mistake. I do not think she made a sault Weapon Loophole Closure Act of 1999’’. ator from Idaho. mistake at that time. I supported her SEC. 502. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING DEVICES. Mr. CRAIG. Mr. President, I yield in that, and we voted on it, and it be- Section 922(w) of title 18, United States myself such time as I might consume came the law of the land. The ATF pro- Code, is amended— in opposition to the Feinstein amend- ceeded to do everything in its power to (1) in paragraph (1), by striking ‘‘(1) Except ment. frustrate the law we had created. Spe- as provided in paragraph (2)’’ and inserting Mr. President, the Senator from Cali- cifically, it held up imports of legal ‘‘(1)(A) Except as provided in subparagraph fornia and I over our years together clips for years, claiming that Congress (B)’’; here in the Senate have remained good only intended to grandfather domestic (2) in paragraph (2), by striking ‘‘(2) Para- friends even though we find ourselves graph (1)’’ and inserting ‘‘(B) Subparagraph clips. This reading of the statute was (A)’’; on occasion in disagreement. This is obviously so wrong that even the Jus- (3) by inserting before paragraph (3) the one of those occasions. tice Department went to ATF and said: following new paragraph (2): I wish I could join with the Senator Sorry, it is unenforceable. So ATF had ‘‘(2) It shall be unlawful for any person to from California and the Senator from to give in; they couldn’t jawbone their import a large capacity ammunition feeding Michigan and those who have spoken way outside the law. device.’’; and on the floor, in the most sincere of As a result of that, that importation (4) in paragraph (4)— ways, in creating a magic wand that was allowed as the law had designed. (A) by striking ‘‘(1)’’ each place it appears would take violence out of our schools and inserting ‘‘(1)(A)’’; and Consequently, the legal magazines fi- (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. and violence off our streets, and pro- nally were allowed to be imported SEC. 503. PROHIBITION ON TRANSFER TO AND claim that our Nation is a violence-free years after the ban went into effect. POSSESSION BY JUVENILES OF nation. If we could do that together, Today, those who wrote the law are SEMIAUTOMATIC ASSAULT WEAP- then we would not be here debating now trying to undo it. Of course, that ONS AND LARGE CAPACITY AMMUNI- this and our Nation would react dif- TION FEEDING DEVICES. is the right of Congress—I do not dis- Section 922(x) of title 18, United States ferently than it is at this moment. pute that—to change the law if they Code, is amended— All of us have mourned the loss of wish. But I hope they would have good (1) in paragraph (1)— those marvelous young people in grounds to do so. (A) in subparagraph (A), by striking ‘‘or’’ Littleton, CO. But it would be unfair I think the first provision of the Sen- at the end; for anybody to stand on this floor and ator’s law is the right thing to do. It is (B) in subparagraph (B), by striking the pe- portray that passage of the Feinstein what the Senator from Missouri is riod at the end and inserting a semicolon; amendment will solve that problem. It doing, to tighten up on juvenile owner- and will not. It will not solve the problem (C) by adding at the end the following: ship and therefore force a greater level ‘‘(C) a semiautomatic assault weapon; or of violence in our youth today or the of juvenile responsibility. But hers is ‘‘(D) a large capacity ammunition feeding feeling of disillusionment or the frus- much broader than that, and I simply device.’’; tration which has produced these epi- have to oppose it. (2) in paragraph (2)— sodes of extreme violence in juveniles History is not the only reason that (A) in subparagraph (A), by striking ‘‘or’’ that this society has never seen in its this amendment is unfair, however. It at the end; history. also is unfair because it would over- (B) in subparagraph (B), by striking the pe- I stand in opposition to the Feinstein night make certain legal, lawfully riod at the end and inserting a semicolon; amendment today because it would owned firearms obsolete. These maga- and (C) by adding at the end the following: undo a provision of the law that was zines are still being imported because ‘‘(C) a semiautomatic assault weapon; or created in an interest of fairness, be- there is a market for them, yes. She ‘‘(D) a large capacity ammunition feeding cause in July of last year, when the has spoken to that market. I think device.’’; and Senator brought this to the floor, we that is fair and responsible because of

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5227 the character in which we have tried to The PRESIDING OFFICER. All time The Clinton administration talked shape this particular market. having been yielded back, the clerk about the Brady bill and stopping It was unfair in 1994 to ban these will report. criminals from obtaining and using magazines, I believe. It is unfair today. The legislative clerk read as follows: guns. The Attorney General talked Again, I hope the Senator and I can The Senator from Utah [Mr. HATCH], for about being tough on criminals, but find that magic wand. Congress is himself, Mr. CRAIG and Mr. MCCAIN, proposes the record shows otherwise. The chart struggling mightily at this moment, an amendment numbered 344. that we are going to show to you shows and this Senate is, with the juvenile Mr. HATCH. Mr. President, I ask that in the last 3 years the Democratic crime bill, to change the definition of unanimous consent that reading of the Department of Justice has had a dis- how we treat juveniles in our society amendment be dispensed with. mal record in protecting the very and to change the law, to treat them The PRESIDING OFFICER. Without crimes that the Democratic adminis- more like adults, to look at other di- objection, it is so ordered. tration and Democrats in Congress said mensions that we believe are causing (The text of the amendment is print- were an essential part of their pro- these levels of frustration and violent ed in today’s RECORD under ‘‘Amend- gram. outbursts, from movies to videos. ments Submitted.’’) This chart shows the prosecutions of Mr. HATCH. Mr. President, for the I wish we could even take our magic Federal firearms laws, cases reported, benefit of our colleagues, it appears as wand, if we found it, and make the par- Executive Office, U.S. Attorney, re- though we don’t know whether there ents of our society more responsible, quested firearms sections, counts will be a vote at 3:45 or not. It doesn’t but that won’t happen either. We will charged, calendar years 1996–1998. try. In the end, I hope we can succeed. look like there will be, in my opinion. Now, for example, between 1992 and It is my judgment, I believe a fair Those votes may be deferred for ap- 1997, gun prosecutions under Operation judgment, to suggest that the Fein- proximately an hour and 15 or 20 min- Triggerlock—a proven gun crime pros- stein amendment will not make the utes. We will announce if we do have ecution program, started under Presi- Littletons go away, or any other act of votes beginning at that time. dent Bush—dropped nearly 50 percent, We are going to move ahead, keep violence in this country, unless we from 7,045 to 3,765. Now, these are pros- moving on these amendments. This is bring a whole combination of things ecutions of defendants who use a fire- the Hatch-Craig amendment. We would and change the way our culture thinks arm in the commission of a felony. like to limit debate to an hour, but the and reacts, as it relates to its children They had been cut by 50 percent be- minority needs to examine the amend- and its future. tween the years 1992 and 1997. The Ex- ment. We will certainly wait until they I hope my colleagues will join with ecutive Office of the U.S. Attorney re- do before we ask for a limited period of me this afternoon in opposing the Fein- ports that between 1996 and 1998 the time. stein amendment. Clinton Justice Department prosecuted I yield the floor. Mr. President, I ask unanimous consent that the previously scheduled a grand total of one criminal who ille- The PRESIDING OFFICER. The Sen- gally attempted to purchase a hand- ator from Utah. votes now occur at 5:00 p.m. under the same conditions as stated earlier. gun, but was stopped by the instant Mr. HATCH. Mr. President, as I un- check system. derstand it, for the benefit of our col- The PRESIDING OFFICER. Without objection, it is so ordered. It is a Federal crime to possess a fire- leagues, these next two votes will begin arm on school grounds. However, the at about 3:45. We anticipate having a Mr. HATCH. I also ask that no second-degree amendments be in order Clinton Justice Department prosecuted vote at 3:45, but that may be delayed in only eight cases under this law in 1998, order to accommodate our Appropria- prior to the scheduled votes. The PRESIDING OFFICER. Without even though they admit that more tions Committee conference. We will objection, it is so ordered. than 6,000 students illegally brought know within the next 10 minutes. If we Mr. HATCH. Mr. President, I ask guns to school last year. don’t begin voting at 3:45, then, if we unanimous consent that Senator The Clinton administration had pros- can get the time yielded back from the MCCAIN be placed as a cosponsor of the ecuted only five such cases in 1997. distinguished Senator from Idaho and Hatch-Craig amendment. Many believe that the actual number the distinguished Senator from Cali- The PRESIDING OFFICER. Without of kids who bring guns to school is fornia, we would then move to the objection, it is so ordered. much higher than the 6,000, but I think Hatch-Craig amendment with the de- Mr. HATCH. Mr. President, in dis- it is pretty pathetic when you stop and bate to continue for an hour evenly di- cussing several proposals with my col- think that, in 1998, there were only vided. leagues over the last 2 days and nights, eight cases prosecuted and in 1997 only I ask unanimous consent that—— I am offering a package of amendments five. Mr. KOHL. Reserving the right to ob- that will increase the effectiveness of It is a Federal crime to transfer a ject—— S. 254 by sharpening the bill’s focus on firearm to a juvenile. However, the Mr. HATCH. Mr. President, I suggest punishing criminals who use guns ille- Clinton Justice Department prosecuted the absence of a quorum. only six cases under this law in 1998, The PRESIDING OFFICER. The gally, while protecting law-abiding and only five in 1997. Think about it. It clerk will call the roll. people who use guns lawfully for tradi- The legislative clerk proceeded to tional sporting and self-defense pur- is illegal—illegal—to transfer a firearm call the roll. poses. We want to punish the criminal to a juvenile yet only six cases were Mr. HATCH. Mr. President, I ask without burdening law-abiding people. prosecuted in 1998 and only five in 1997. unanimous consent that the order for Our amendment package has four Now, it is a Federal crime to transfer the quorum call be rescinded. parts: one, more aggressive prosecu- or possess a semiautomatic assault The PRESIDING OFFICER. Without tion; two, enhanced targeted penalties; weapon. However, the Clinton Justice objection, it is so ordered. three, expanded protection for chil- Department prosecuted only four cases Mr. HATCH. As I understand it, all dren; and, four, enhanced background under this law in 1998 and only four in time has been yielded back on the part checks. 1997. Think about it. of the minority. Can we get the major- First, we propose an improved In addition, the Clinton administra- ity, Senator CRAIG—— version of a program for the aggressive tion has requested only $5 million to Mr. CRAIG. Mr. President, I yield prosecution of the criminal use of fire- prosecute gun crimes. We have a lot of back the remainder of my time. arms by felons or a program that is rhetoric from this administration AMENDMENT NO. 344 commonly known as CUFF, C-U-F-F. It about gun crimes and how effective the (Purpose: To make an amendment with re- is one thing to talk about putting Brady law has been. They claim hun- spect to effective gun law enforcement, en- criminals behind bars, and it is another dreds of thousands of people are hanced penalties, and facilitation of back- thing to actually do it. We in the Sen- stopped from purchasing guns, many of ground checks at gun shows) ate must recognize that all the gun whom they believed were felons. Please Mr. HATCH. Mr. President, I send an laws we could ever pass mean abso- note that it costs $1.5 million to fund amendment to the desk and ask for its lutely nothing if the Attorney General an effective project in the city of immediate consideration. does not enforce them. Philadelphia alone—just one city, $1.5

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5228 CONGRESSIONAL RECORD — SENATE May 13, 1999 million—and they only requested $5 weapon: 16 in 1996, 4 in 1997, and 4 in ecute as many local gun-related crimes million for prosecuting gun crimes. 1998. as possible in federal court. Homicides Thus, not only has the Clinton admin- Transfer of a handgun, or handgun have fallen 50 percent in Richmond istration failed to prosecute gun crimes ammunition to a juvenile. We have since the program was implemented. in the past; it apparently has no plan thousands of cases like this: 9 in 1996, 5 This program works. to do better in the future. in 1997, 6 in 1998. In addition to encouraging aggressive This chart lists the prosecuted cases Possession of a handgun, or handgun prosecution, our plan requires the At- reported by the Executive Office of the ammunition, by a juvenile: 27 in 1996, 3 torney General to report to Congress U.S. Attorney. in 97, and only 8 in 1998. Think about on the number of possible gun crimes Providing firearm to a prohibited that. and, if the crimes are not prosecuted, person, unspecified category: 17 in 1996, Unspecified violations: 46 in 1996, 26 to explain why. I initially hesitated to 20 in 1997, and 10 in 1998. in 1997, and 21 in 1998. support such a statute. However, after Providing a firearm to a felon: 20 in Enhanced penalty use of a firearm or years of little enforcement of existing 1996, 13 in 1997, and 24 in 1998. destructive device during a crime of vi- laws and after years of holding hear- Possession of a firearm by a fugitive: olence or drug-related crime prosecut- ings at which the Attorney General 30 in 1996, 30 in 1997, and 23 in 1998. That able in Federal Court: 1,987 in 1996, 1,885 consistently provides no satisfactory is an important category. in 1997, and 1,763 in 1998. Those are very explanation, we have no choice. Possession of a firearm by a drug ad- small numbers compared to the num- If Congress passes a law to make an dict or illegal drug user: 46 in 1996, 69 in ber of people who they claim are mis- act a crime, it is the duty of the Attor- 1997, 129 in 1998. using firearms. ney General to enforce that law. This Possession of a firearm by a person Possession of a firearm by a prohib- reporting provision is a necessary step committed to a mental institution, or ited person, unspecified category: 683 in to ensure that the Clinton Justice De- partment does its duty and prosecutes an adjudicated mental incompetent: 1 1996, 752 in 1997, 603 in 1998. in 1996, 4 in 1997, 5 in 1998. Possession of a firearm by a felon. the illegal use of guns by criminals. Second, this package of amendments Possession of a firearm by an illegal Think about all these complaints about includes several penalty enhancements alien, and we have millions of them firearms causing everything in our so- that I, Senator ASHCROFT, Senator coming into this country: 72 in 1996, 96 ciety. They prosecuted 1,213 in 1996, MCCAIN, and Senator CAMPBELL have in 1997, and 107 in 1998. 1,366 in 1997, 1,550 in 1998. Possession of a firearm by a person worked on. These enhancements target Who is kidding whom here? The fact the illegal use of guns by criminals. dishonorably discharged from the of the matter is, this administration Armed Forces: 0 in 1996, 0 in 1997, 2 in This proposal would impose the fol- hasn’t been serious about prosecuting lowing mandatory minimum sentences: 1998. gun cases, and now they want a lot Possession of a firearm by a person Five years for the transfer of a fire- more gun laws. Well, we are going to under a certain kind of restraining arm to another who the transferor give them some on this bill, and we are order provision: 3 in 1996, 18 in 1997, 22 knows will use the firearm in the com- going to give them some that some gun in 1998. Even though this administra- mission of a crime of violence or a drug owners don’t particularly care for. We tion has been complaining about do- trafficking offense. are going to see if they do a better job Ten years for criminals, including mestic violence and the use of hand- in the future. We have to turn this straw purchasers, that illegally trans- guns and guns in domestic violence. around. fer a firearm to a juvenile who they Just think about it. This is the whole The CUFF amendment would fund— have reasonable cause to know will use country. This is all the Justice Depart- and we offer it in this amendment—an the firearm to commit a violent felony. ment has done. OK. aggressive firearms prosecution pro- Twelve years for discharging a fire- Possession of a firearm by a person gram modeled after Operation arm during the commission of a crime convicted of a domestic violence mis- Triggerlock, which was so successful of violence or a drug trafficking crime. demeanor: 0 in 1996, 21 in 1997, 56 in during the Bush administration. It fo- Fifteen years for injuring a person in 1998. the commission of a crime of violence Look at this. cuses on prosecuting gun criminals and obtaining tough sentences on the use of or a drug trafficking crime. Possession or discharge of a firearm The proposal would also increase the in a school zone: 4. firearms in the commission of crimes of violence. mandatory minimums for distributing Look at that. We have 6,000 kids that drugs to minors and for selling drugs in they admit came into schools with fire- Mr. LEAHY. Will the distinguished Senator yield for a question? or near a school to 3 years for the first arms in this country, and we know it is offense and 5 years for repeat offenders. many more thousands than that; they Mr. HATCH. I am happy to yield for a question. Our proposal would also increase the know it, too. But there were only 4 in maximum penalty for knowingly trans- 1996, 5 in 1997, and 8 in 1998. Mr. LEAHY. The distinguished Sen- ator said the Republican package will porting or transacting in stolen fire- Now, we have heard a lot of mouth- arms, stealing a firearm from a dealer, offer some things gun owners won’t ing off about the Brady bill and 100,000 and stealing a firearm that has moved like. Anything that I have seen in the cops in the streets. Let’s talk about in interstate commerce to 15 years. the Brady bill. According to them, hun- Republican package, including a whole This is strong medicine for the worst dreds of thousands of people have been lot of things that were in legislation I criminals that illegally use guns and prohibited from getting guns because had introduced, have been supported by drugs to harm elderly people, women, of the Brady Act. Really, it is the virtually all gun owners. What were and children. check system that we insisted on that the ones the gun owners aren’t going to Third, our proposal would protect our is causing these people to be caught. like? children. Look at this: All violations under the Mr. HATCH. Let me get to that. After reviewing Senator LEAHY’s pro- Brady Act, first phase: 0 in 1996, 0 in Mr. LEAHY. I just didn’t see any. posal, I must give the good Senator 1996, and 1 in 1998. Mr. HATCH. The CUFF amendment, from Vermont and his colleagues on Think about that, OK. of course, they would like. Anybody the Democratic side of the aisle credit. All violations under the Brady Act, who wants to do anything about crime His proposal to expand the Youth instant check phase: 0 in 1996, 0 in 1997, would like that. In contrast to the $5 Crime Gun Interdiction Initiative is a 0 in 1998. million requested by the Clinton ad- proposal that we can agree on. How about the hundreds of thousands ministration to fund gun crimes, our This proposal would facilitate the of people they claim violated the law plan provides $50 million to hire addi- identification and prosecution of gun that they have caught: tional Federal prosecutors to prosecute traffickers that illegally peddle guns to Theft of a firearm from a Federal gun crimes. This is just in the area of our children. firearms licensee: 52 in 1996, 51 in 1997, juvenile justice. The proposal would also facilitate and 25 in 1998. Our program expands to other cities the sharing of information between fed- Manufacturing, transferring, or pos- a successful Richmond, Virginia pro- eral and State law enforcement au- sessing a nongrandfathered assault gram in which federal prosecutors pros- thorities to stop gun trafficking.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5229 The proposal would also provide This proposal takes a small but im- buyer’s name through the Instant grants to State and local governments portant step on this issue. It directs Check system before transferring the to assist them in tracing firearms and the Attorney General to establish pro- firearm. This is a far superior alter- hiring personnel to stop illegal gun cedures for including public records of native to requiring advertisers who do trafficking. adjudications of mental incompetence not sell firearms to become federally I am glad that on this provision, we and involuntary commitments to men- licensed firearms dealers and to act as can reach a bipartisan agreement to tal institution in the Instant Check middlement in the sale of firearms. protect our youth from illegal gun traf- database. This provision would protect This amendment would punish those ficking. the public, but would also respect the who solicit violations of federal law, This proposal would also prohibit legitimate privacy interests and treat- but would not over burden law abiding possession of firearms by violent juve- ment needs of those with mental citizens who lawfully advertise legal nile offenders. This is the juvenile health problems. products. Brady provision, another provision Mr. President, this package of Yesterday the Senate did two things they weren’t particularly happy of in amendments will increase the prosecu- related to background checks at gun the eyes of some people in our society. tion of firearm crimes, increase pen- shows. First, it rejected, on a bipar- But it is in this bill, and in this amend- alties on criminals that illegally use tisan basis, the Lautenberg amendment. guns and drugs, protect our children ment. This proposal was unacceptable It extends the current ban on firearm from gun trafficking, and expand the to many Members because of the in- ownership by certain felons to certain availability of background checks to credible regulatory burden it would juvenile offenders. stop convicted felons from illegally have imposed and because of the pri- Under this proposal, juveniles who purchasing guns. The package accom- vacy implications for lawful citizens. are adjudicated delinquent for serious plishes this without overburdening the Specifically, members were concerned crimes will not be able to own a fire- lawful and traditional use of firearms with: arm—ever. by law abiding citizens for sporting (1) excessive costs of the proposed When they reach maturity, they will purposes and by our most vulnerable background check system; not be able to own a firearm. citizens for self-defense purposes. Mr. (2) centralized record keeping of law- To ensure that this law will be en- President, I strongly support this pack- ful gun transactions; and forceable, however, we make it effec- age of amendments as an excellent ad- (3) a new bureaucracy for regulating tive only after records of such offenses dition to S. 254. gun shows designed to do far more than are made available on the Instant In addition, Mr. President, this perform background checks. Check System. amendment would also punish the so- Second, the Senate passed, on a bi- Finally, this proposal would aid in licitation of the violation of federal partisan basis, the Craig amendment the overall enhancement of the Instant gun laws over the Internet. It would which represents a great step forward Check System. Senator DEWINE has not require advertisers who do not ac- for gun safety while protecting the played an instrumental role in drafting tually sell a firearm over the Internet rights of lawful gun owners: It gave ac- this provision that will help bring the to become federally licensed firearms cess for the first time to the instant Instant Check System into the 21st dealers. check system, the NICS system, to century, something that all on our side The amendment provides that if a nonlicensed individuals who want to have been for from the beginning, and person knows or has reason to know sell their firearms; ensured there will it is the only thing that really is work- that his Internet advertisement offer- be no unlawful recordkeeping by the ing. ing to transfer a firearm or explosives FBI; established means for people to This amendment will fund a feasi- in violation of existing federal criminal become licensed dealers of firearms if bility study on the development of a statutes, he will be punished severely. they want to sell them at a gun show; single-fingerprint computer system The amendment imposes fines and and provided liability protection when and database for identifying convicted prison sentences that escalate for re- the instant check system tells a seller felons who attempt to purchase hand- peat offenders. that a perspective purchaser is eligible guns. The amendment also provides an af- to purchase. Under this system, a person will be firmative defense. If the advertiser is a Today, we include in our omnibus able to voluntarily put his thumb or licensed dealer, he can avoid the pen- gun prosecution control package im- index finger onto a scanner at a gun alty imposed by this statute by posting provements to the Hatch amendment store and a computer would instantly a notice stating that sales of the fire- which will ensure that all gun sales at compare his finger print to a national arm will be in accordance with federal gun shows pass the muster of an in- digital database of finger prints for law and will be made through a li- stant check background check. This is convicted felons. This would provide a censed dealer. due to the efforts of the distinguished truly accurate and truly instant check If the advertiser is a non-licensed in- Senator from Oregon, Mr. SMITH; the of a potential purchaser. This would dividual, he can avoid the penalty im- distinguished Senator from Arizona, prevent criminals with false identifica- posed by this statute by: Mr. MCCAIN; Senator CRAIG, and my- tion credentials from purchasing a (1) Sending a notice to the solicited self. handgun. party stating that the sale will be We want all gun sellers to have the The amendment would also close a made in accordance with federal law; peace of mind that they are selling loophole in current law. It would re- and their firearm to a lawful purchaser. We quire the Attorney General to establish (2) Providing that as a term of the want gun shows to be a place for legiti- procedures to provide the Instant sale, the sale will be consummated mate business transactions and for col- Check system with access to records through a licensed federal firearms lectors to enjoy their hobby, but never not currently on the database. This dealer. Thus, there will be a back- at the expense of public safety. would include records of domestic vio- ground check before the firearm is I ask unanimous consent that Sen- lence restraining orders. This will help transferred. ator SMITH of Oregon be added as an protect vulnerable women from abusive Mr. President, this amendment original cosponsor of this amendment. spouses. solves the problem of a non-licensee so- The PRESIDING OFFICER. Without After the shooting at the library in liciting an illegal transfer of a firearm objection, it is so ordered. Utah by a mentally disturbed person, I over the Internet. It punishes the Mr. HATCH. I yield to my colleague have been in contact with the rep- knowing solicitation of a criminal from Arizona, Senator MCCAIN. resentatives of mental health organiza- transaction, and it allows an affirma- Mr. MCCAIN. Mr. President, I thank tions to discuss this important prob- tive defense if the ultimate transaction the distinguished Senator from Utah, lem. My constituents in Utah are very includes an agreement to transfer the Mr. HATCH, for his stewardship and his concerned about this issue and so am I, firearm through a licensed firearms incredible efforts today on this issue. and everybody else is as well who re- dealer. Under current law, a licensed This package and this amendment that flects on this matter. firearms dealer is required to run the I intend to address briefly would not

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5230 CONGRESSIONAL RECORD — SENATE May 13, 1999 have been possible without his effort. I spect: I defend the second amendment the Justice Department and the poli- thank also Senator CRAIG and my col- for law-abiding citizens to bear arms— tics of any Justice Department—be it leagues, Senators SMITH, COLLINS, not for nuts and crooks. I think it is Janet Reno or someone else, cannot SNOWE, ABRAHAM and many others who possible to defend this constitutional manipulate the law. That is to assure have taken an active role in this legis- right and also defend kids in the school an instant computerized check system lation today that would establish back- cafeteria. But to do that, we need to which assures that felons are on it and ground checks in a manner which is make this technical amendment today. adjudicated others are on it, those who fair and workable. I am proud to stand with my col- find themselves defined by the law as To start with, I want to point out leagues. I hope the other side will allow being not sufficiently responsible for that this amendment closes a loophole, this to clear. This is something our the ownership of guns. That is what it and it requires instant background country needs. It is something I am is all about. That is what we are about checks at all events at which at least proud to be a part of. here today—in the area of gun shows, 10 exhibitors are selling firearms, or at I yield the floor. that this be done. least 20 percent of the exhibitors are Mr. CRAIG. Mr. President, the Somehow, gun shows have been cast selling guns. This prevents any sale of Hatch-Craig amendment package is a as some bazaar in which illegal crimi- a gun or a weapon at one of these very broad-based package bringing nal activity goes on. That is not true shows without an instant background greater enforcement, aggressive pros- and everybody but a few politicians check. That is the effect of this amend- ecution that this administration has knows it is not true. Less than 2 per- ment. been very reluctant in pursuing. It en- cent of the guns sold through gun Specific language says a person not hances penalties across a broad cross shows find themselves in criminal ac- licensed under this section desiring to section of illegal activities to assure tivity. We would argue that is too transfer a firearm at a gun show in his that the criminal simply is not going much. We are now asking law-abiding State of residence to another person to fall through the cracks. citizens to become involved with us in who is a resident of the same State and As my colleagues from Arizona and making sure that guns at gun shows, not licensed under this section: Oregon indicated, once we were able to now that law-abiding citizen is protected, will not be sold to a criminal or Shall only make such a transfer through a defeat the Lautenberg amendment and licensee who can conduct an instant back- establish some very clear parameters to a juvenile. So we do that and I think ground check at the gun show or directly to for creating the permanency of the na- we strengthen the provisions by doing the perspective transferee if an instant back- tional instant check system and the so. ground check is first conducted by a special funding of that check system and as- We also deal with another area my registrant at the gun show on a perspective suring that we were not creating ex- colleague from New York will be deal- transferee. traordinary liability for private citi- ing with, potentially, later, and that is These background checks must be zens who wish to involve themselves in Internet sales. We are suggesting Inter- completed within 24 hours. This is not sales, then I thought it was right and net transactions that are known to be legal activities or that could be legal an overly burdensome requirement in appropriate that we begin to move to activities are against the law. What we the face of the Columbine High School clarify and define gun shows and how are not saying is you cannot advertise tragedy; rather, it is a responsible guns are sold at those gun shows. on the Internet. That is a first amend- means of lessening the likelihood of That is exactly what we have done ment right and I do not think the Sen- unlawful gun purchases. I believe this this afternoon. I think it is a major ator from New York would want to in- is something every Member of the Sen- step on an issue that has brought a fringe on the right of commerce, to ate should be able to support. great expression of concern across our speak out. It is my understanding this amend- country. Let me correct for the RECORD a dia- ment has been cleared by every Mem- What is important to understand is log that the Senator from New York, ber on this side of the aisle. I hope it that there is no placebo. Many would who is now on the floor, and I had yes- will be cleared by Members on the rush to the floor hoping we can pass a terday. He felt, reading my amendment other side. If they desire a rollcall vote myriad of laws. As I said with the Sen- that was agreed to yesterday, there on this, that would be fine. I think it ator from California a few moments was a problem. That problem dealt should receive the unanimous support ago, the world would become instantly with the potential of interstate trans- that it deserves. and dramatically safer. We hope what actions, that are now prohibited, being I repeat one more time: This now we do today will change the thinking opened up. In all fairness—I said he was provides for instant background checks in America. Law-abiding citizens have wrong. As he read my bill, he was rea- at gun shows, and it effectively closes and will always have constitutional sonably accurate, because the bill had a loophole that was created. I am very rights to own and bear arms for a vari- been mishandled in its typing. What we appreciative of the Senator from Idaho ety of reasons. What we don’t want to were trying to define was the tem- for his cooperation in closing this loop- do is create a huge Federal bureauc- porary situation of a gun show, because hole. It is a very strongly held belief on racy that has so many tentacles in its when we do tracking and when we do his part. I think he showed great webs that private law-abiding citizens background checks and records, we are statesmanship today. get caught up in them. dealing with addresses, permanent lo- I thank so many of my colleagues That is what would have happened in cations—permanent locations of a busi- under the leadership of Senator HATCH, the Lautenberg amendment. Along ness, a dealer of guns. A gun show is Senator COLLINS, Senator SNOWE, and with that was the fear that a promoter not permanent, it is temporary. It is at especially my friend from Oregon, Sen- could be almost anyone who said they the convention hall or the fairgrounds. ator GORDON SMITH. were in support of a gun show. They In doing the typing, legislative counsel Mr. SMITH of Oregon. Mr. President, would have to become a licensed Fed- misqueued the wrong paragraph. I join in thanking those who have sub- eral firearms dealer. That is not the I must say, in all fairness, the Sen- mitted this amendment today. I espe- case nor should it be the case. ator from New York was right. He cially thank Senator HATCH for his in- Like many people know, when you go found it. I agreed with him. We cor- dulgence and his leadership; Senator to the local drug store today and you rected it. We are now clearly back to CRAIG, for allowing this to go forward; want to charge it, you bring out your Federal law being absolutely as it is. Senator MCCAIN, for his doggedness Visa card, they pass it through the ma- Interstate sales of guns are banned. and determination to help a number of chine and tell you nearly instantly if Only under certain conditions of the Members to make sure that what we your credit is good, if you can charge Federal law can that happen. So we began yesterday to close this loophole, against the card. have corrected that also in this omni- we, in fact, closed today. What we want to be able to do to free bus amendment, the Hatch-CRAIG I am proud to stand on the floor of up law-abiding citizens and to catch amendment, that we think is right and the Senate and proclaim myself a de- the criminal in the web, is to make responsible to do. fender of the second amendment. I say sure that this instant background Mr. SCHUMER. Will the Senator that and also qualify it only in this recheck is embodied in the law, and that yield for a question?

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5231 Mr. CRAIG. I will be happy to yield have my money and my ticket and my goes forward. We think that is ade- for a brief explanation by the Senator record is clear. The ATF, and this ad- quate and appropriate and right. That from New York. ministration, are saying: Foul. You is the way it ought to be. I am not say- Mr. SCHUMER. I thank the Senator have to go through a background ing people who pawn guns ought not be from Idaho for yielding. check. checked, because they currently are. First, I thank him for his gracious- We are saying that is wrong. We are Mr. LEAHY. Will the Senator yield ness in correcting the RECORD of yes- reinstating the Brady environment for a question? terday, which I very much appreciate. during the period of the 3-day waiting Mr. CRAIG. I will yield to the Sen- Second, I say to the Senator, we have period. ator from Vermont. received this new amendment about 45 Mr. SCHUMER. Will the Senator Mr. LEAHY. Mr. President, yester- minutes ago. My copy is a little warm, yield for a question? day I questioned the Senator from but I think that is because of our Xerox Mr. CRAIG. I am happy to yield to Idaho on his exclusion, which at that machine, not because of his. We are in my colleague from New York. time was to ‘‘determine qualified civil the process of analyzing it and hope to Mr. SCHUMER. Again, I want to go liability actions should not include an very shortly be able to either agree or over the language. I agree with much action—’’ and then there was nothing disagree. But given what happened yes- of what the Senator said on the factual further until we got down to ‘‘immu- terday, we want to make sure we know situation, but I would make one correc- nity.’’ what is in the bill and that it is the tion. The pawnshop exception was not Now he has added a couple of other same thing the Senator from Idaho part of Brady; it was added in. I re- sections in there which were not in the thinks is in the bill. I appreciate his in- member this because I fought with bill yesterday. dulgence. then Chairman Brooks of the Judiciary Mr. CRAIG. Will the Senator yield? But I do appreciate his words. They Committee about it. It was added in Mr. LEAHY. If I might complete my are meaningful to me, and I am glad we the 1994 crime bill. Brady would have question, I suggested yesterday, the can conduct this debate, where we dis- required the background check as is re- way it was written we were giving im- agree so strongly, in a civil and fine quired today. The Brooks amendment munity against suits. In fact, the tone. exempted pawnshops from that check. court-stripping part further on would Mr. CRAIG. I thank my colleague And now, with the Craig amendment, actually include suits against gun from New York. manufacturers. Mr. DURBIN. Will the Senator yield we would go back to where the Brooks The Senator from Idaho suggested I for a question? amendment was. Am I correct in that? Mr. LEAHY. Will the Senator yield Mr. CRAIG. To the Brooks amend- was wrong in that, but I notice now it for a question? ment, yes. I was not in the House at has been changed. Is that because I was Mr. CRAIG. I will not yield for a mo- that time. Of course, I knew Jack right? ment. Let me correct another area the Brooks was a strong defender of second Mr. CRAIG. No, it is not because you Senator from New York and I had a amendment rights. That sounds like a were right. It is because there was a disagreement on, but that is a gentle- pretty reasonable rendition. section misqueued that was not in- manly disagreement. We still disagree. Mr. SCHUMER. Just one point on the cluded that was intended to be in- That deals with pawnshops. pawnshop exception. The reason it was cluded. In the Brady environment—that was put in Brady, no exception, the closing If I can go forward, because you de- the period of time in which we were of the exception—the reason the ad- serve this explanation and you deserve building the national background ministration went ahead and said that this clarification because you raised check—a 3-day period was instituted, instant check required it was that, the question in all fairness and hon- not to keep the gun from a person, but without the recheck, many people who esty, all the immunity and exceptions to check a person’s background for the were felons would get guns. within this section are tied to gun purpose of finding out whether it was Of the 5,000-some-odd people who show transactions. It is very important legal for that person to own a firearm, went to pawnshops in this period be- to understand that. We are not talking whether the person was a felon or not. tween the Brooks amendment and the about an environment outside gun If, during that period of time, you ATF’s regulation, over 300 were found shows; we are talking about an envi- pawned your gun at a pawnshop and to be felons. In other words, they were ronment inside gun shows. then you went back to retrieve it, the missed in the first check and the sec- The pending exceptions that the Sen- pawnshop owner gave it back to you, ond check found them. ator from Vermont raised in question no questions asked. It was your gun, So I say to the Senator—and on this is a unique situation at a gun show. your name was on it, you had the one we do not have to wait for the lan- You and I go to a gun show. You are pawnshop ticket; as long as you could guage because the Senator from Idaho from Vermont, and I am from Idaho. show ID, you got your gun back. has said the pawnshop exception in the We wish to transact the sale of a gun, ATF and this administration are now language of yesterday will stay in the but the gun is not there. It is at home interpreting this differently through bill. I think that is a serious mistake. in Vermont. You are selling it to me. instant check. They are saying you It will take us, in my judgment at You and I cannot do that under the have to go through a background check least, a step back because many, many, law, because we cannot transact busi- again, and there are lawsuits out there many—in this case, close to 300; 294 ness interstate. So we go to a dealer at in the marketplace today because of people who were missed in the first the gun show, and we agree that the that. check—were stopped in the second dealer will handle the transaction. It is very important for the RECORD check. These are felons. These are not That dealer will do a background check to show what happens. If I am the per- people whom the Senator from Idaho or on me, the purchaser, because you are son who takes a gun to a pawnshop and I generally bend over backwards to selling it. You send the gun to the deal- I pawn my gun, if I have my pawn tick- help get guns. er, and the dealer sends it to me. et, within 24 hours the pawnshop owner So what is wrong with the second That is the way it is currently being must not only report the pawning of check when it is working? I urge the done in a voluntary way so that you that gun to the local law enforcement Senator from Idaho to reconsider and and I do not find ourselves astraddle authority with the serial numbers of take the pawnshop exception out of the Federal law on interstate trans- the gun and my name—that is what this amendment. actions. That is what this section deals goes on today in the law. So there is a I yield my time. I appreciate the Sen- with. background check, per se, because if ator’s courtesy. Mr. LEAHY. I am aware of that. I my name happens to come up the name Mr. CRAIG. I thank the Senator for have purchased both handguns and of a felon, I will never get that gun his discourse on this. We believe pawn- long guns that way. I have had them back; the law enforcement can go and shops are now effectively regulated and shipped from out of State to a gun collect it. their gun pawning activity is fully re- dealer in my own State. But what is happening now is that I ported on a 24-hour basis to local law What I am concerned about—and the go in 3 months later to get my gun. I enforcement officers and that check question I raised yesterday and the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5232 CONGRESSIONAL RECORD — SENATE May 13, 1999 Senator from Idaho, apparently by this Mr. CRAIG. Here is what we are say- to speak and want to be factored into redrafting, feels I raised a valid ques- ing. We are saying in this law that the this. tion yesterday—at the end of this, you people who abide by the law have done On our side is Senator COLLINS, Sen- say: nothing wrong. If they go through the ator DEWINE, and Senator SESSIONS. A qualified civil liability action that is background check and do all the legal Can I ask how much time they want. pending on the date of enactment of this sub- things, they have done nothing wrong; Ms. COLLINS. Five minutes. section shall be dismissed immediately by they are within the law. If the gun hap- Mr. SESSIONS. Ten minutes. the court. pens to fall into the hands of a crimi- Mr. HATCH. Five minutes for Sen- Does this contemplate some cases nal and is used in a crime and some- ator COLLINS; 10 minutes for Senator that are now pending? body wants to trace it back to them SESSIONS; 10 minutes for Senator Mr. CRAIG. It is possible at the time and make them liable, we are saying, DEWINE. we get the law enacted that there could no, no; you were a law-abiding citizen. We have Senator DURBIN, Senator be pending litigation within this sec- You cannot say that they were wrong SCHUMER, and Senator LAUTENBERG on tion of operation. because their gun at sometime in the the other side. Mr. LEAHY. Is the Senator aware of future fell into the hands of a criminal Mr. LEAHY. If I might, I say to the litigation now pending? distinguished chairman, if he will yield Mr. CRAIG. I am not. and was used. The Senator knows today those kinds of lawsuits are going to me—— Mr. LEAHY. But if there is some in Mr. HATCH. Yes. on out there. any Federal or State court, whether it Mr. LEAHY. Some of these amend- Mr. LEAHY. Do we also dismiss the is Idaho or Vermont or Ohio or any- ments, at this point particularly, that lawsuit against the manufacturers? where else, does not the Senator’s leg- have just arrived—I think the Senator Mr. CRAIG. No. islation take out, not just Federal from New York described it as being court, but even if there is a State court Mr. LEAHY. It is hard to read it otherwise. still warm from the copying machine. where there is a case pending, it would We have several Senators in the Cloak- simply dismiss it? Mr. CRAIG. I read it that way because of the transaction within the gun room who are just looking at it, who Mr. CRAIG. In these categories where have just received it. We are getting people have found themselves immune show. Think inside the box. Everybody likes to find the bogeyman outside the calls. My beeper is going off here. I am if they do the following things—back- reading: Somebody wants to check this ground check, through the registrant, gun show. We are talking about a unique class of operatives inside a gun one, wants to check this one. Let’s let under the conditions—it is important, the debate continue here for a bit while do not think beyond the box. Think of show. We are encouraging them to become increasingly more legal by using we try to do it. the box of a gun show and gun show ac- Mr. HATCH. Yes. But I want to figure background checks. Legal in this sense: tivities and the definitions therein of a out how we do it. I think we should go Law abiding citizens like you and me special registrant and a new licensee. I back and forth. who might own a gun—— am suggesting that we are trying to Mr. LEAHY. I agree with that. Mr. LEAHY. I own a lot of guns. encourage people to become active in Mr. HATCH. Can I ask the Senators Mr. CRAIG. Want to make darn sure background checks and become in- on this side, how much time would you it does not fall into the hands of crimi- creasingly legal by that. like, at least initially? Mr. LEAHY. I understand this, and I nals. If we go through the background Mr. LEAHY. We do not know. find sometimes I am frustrated, but I check as we sell it and the guy or gal Mr. SCHUMER. Will the Senator accept that any time I purchase a is pure, we are OK. What if down the yield? weapon in Vermont, even though I am road the gun falls into the hands of a Mr. HATCH. Sure. I yield to know probably as well known as anybody in criminal and here comes your city or a how much time. Vermont, they have to go through the city that says: You are liable because Mr. SCHUMER. In response to his usual record check. That is fine. I ac- you are the seller we can trace to be- question, I say to the Senator that cept that. cause of your record. I can say to you probably, when at least my staff’s anal- Mr. CRAIG. They better. under this: Because you did it in a ysis of the proposal is finished, I would Mr. LEAHY. They do, I can assure legal way, you are not liable. That en- like to speak for maybe 10 minutes on you, just as I accept easily the fact courages you to pursue legal activities. it, maybe a little more. But I say to that I have to go through metal detec- It does not deal with manufacturer li- the Senator that I could not agree to tors and x ray machines when I get on ability. That is another issue for an- any kind of time limit until we analyze an airplane. I am for that. I think it other day, not addressed anywhere in the bill. makes a great deal of sense. these amendments. The Senator from Idaho came over to What concerns me, I tell my friend Mr. President, that is as thorough as me early this morning and said that I from Idaho, is that what this is saying, I can get with the Senator from had been right in some of my com- in this court-stripping part, this says Vermont. Let me conclude, because plaints, I guess, about his proposal. I my State of Vermont is being told, there are others who wish to debate. said, fine. Get me language and I will even if they have a case, a qualified Mr. DURBIN. Will the Senator yield analyze it and I will not delay in any civil liability action pending, it will be for a question? way. dismissed by this. We do not even know Mr. CRAIG. No, I will not. I will let Mr. HATCH. We understand. whether there are such cases pending the Senator seek the floor to debate on Mr. SCHUMER. We got the language around the country, but we are telling his time. at 3:30, or maybe a little before that. It the 50 States of this country and their I suggest that the Hatch-Craig takes a little while to analyze. I do not legislatures: If you have a case pend- amendments are a major step toward think any of us want to go through the ing, tough, the Senate has just decided the enforcement of gun laws in this Na- same problems we went through yes- it for you. tion, of stopping criminals who use a terday where we did not understand I am wondering, for example, wheth- gun in the commission of a crime, to what was in the bill. er this is covering current city law- make sure that the transaction does Mr. HATCH. Let me put you down suits that are based, in part, on gun not result in guns falling into the temporarily for 10 minutes, or more if show sales. Some cities have brought hands of criminals, and still recog- you need it. I want an idea of the time. some lawsuits based on gun show sales. nizing that the Internet is a fair and Mr. DURBIN. Will the Senator yield? Are we throwing their suits out? first amendment-protected expression Mr. HATCH. Yes. Mr. CRAIG. Let me reclaim my time as long as those expressions are not Mr. DURBIN. I really have questions to discuss that briefly, and then I will found to be illegal. that get down to the basics of whether yield the floor because others wish to I yield the floor. or not the Craig amendment replaces debate. The PRESIDING OFFICER. The Sen- yesterday’s amendment or is added to Mr. LEAHY. Does the Senator under- ator from Utah. yesterday’s amendment. That is it. He stand my question? I think it is a valid Mr. HATCH. Mr. President, I see the left the floor, I am sorry, because it question. following people on the floor who want was a question I had.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5233 Mr. HATCH. I will try to answer COLLINS be permitted to proceed for 5 ment requiring background checks at those questions if I can. And Senator minutes and that Senator SESSIONS be gun shows. I believe we have very care- LAUTENBERG has indicated to me that permitted to proceed for 10 minutes, fully crafted provisions that strike the he will need some extensive time here. and if Senator DEWINE is here, let him right balance. I support the require- Would you have any objection to al- get his until 5 o’clock. ment that sales of firearms at gun lowing Senator COLLINS to go first for Mr. LEAHY. Can anybody on this shows pass the muster of an instant her 5 minutes? side speak? background check. Gun shows are a Mr. LAUTENBERG. Will the Senator Mr. HATCH. Sure. If they need more popular mechanism for buying and sell- yield? time to study it— ing guns, and these legitimate business Mr. HATCH. Yes. Mr. LEAHY. Couldn’t we go side to transactions should be made with the Mr. LAUTENBERG. Is it a gun-reside as we normally do? knowledge that the sellers are selling lated issue? Mr. HATCH. That is fine. We would their firearms to lawful purchasers. Mr. HATCH. I am afraid it is. start with Senator COLLINS on our side What I opposed yesterday is some- Mr. LAUTENBERG. It is. for 5 minutes, and then on your side, thing I will always oppose—and that is Mr. HATCH. It is on this amendment. and then back on our side. the creation of a Federal centralized She just wants to speak to this amend- Mr. LAUTENBERG. Just to be sure. recordkeeping system of gun owners. ment for debate only. Mr. HATCH. Let the Senator go, and That would be a heavy regulatory bur- Ms. COLLINS. For 5 minutes. then Senator SESSIONS. den that would seriously infringe on Mr. HATCH. Is there any objection to Mr. LAUTENBERG. If the distin- the privacy rights of millions of law- that? guished manager would yield, we are abiding American citizens who own Mr. LAUTENBERG. I would be happy talking about a sequence including the guns. That is why I voted against the to yield to the Senator. Senator from Maine for 5 minutes, then amendment offered by the Senator Mr. HATCH. We can get some of over here? from New Jersey. these shorter remarks over, and then Mr. HATCH. Sure. I would like to make one brief com- you could have adequate time. Could I Mr. LAUTENBERG. Then back to the ment regarding gun shows. I am very then go to Senator SESSIONS for 10 min- other side? I have no problem with that concerned that the publicity sur- utes? as long as the time that we get over rounding this issue has created the Mr. LAUTENBERG. I do think we here is a reasonable slot of time. false impression that gun shows are need some time on this side to respond, Mr. HATCH. I ask unanimous consent somehow gathering places for crimi- but I do not want to close down the de- that the time between now and 5 nals, anarchists, and mercenaries. bate, very honestly, because we have o’clock, when the votes start, be di- Nothing could be further from the patiently, or impatiently, listened to a vided equally. truth. In reality, thousands of Ameri- fairly extensive debate. The PRESIDING OFFICER (Mr. cans go to gun shows every weekend in Mr. LEAHY. Mr. President, let’s go DEWINE). Is there objection? this country. People who attend these back and forth from each side, as the Mr. LEAHY. Between the two lead- shows live in every State in the Union. Senator from Utah suggested, without ers? They come from all walks of life. They locking down the time. One of the rea- Mr. HATCH. Between the two lead- share a common interest in a part-time sons why we have a concern, I say to ers. hobby that is deeply ingrained in our Mr. LAUTENBERG. Reserving the my friend from Utah, is that yesterday American culture. Many are sportsmen right to object. we were trying to rush some of these or target shooters; many others are Mr. HATCH. There will be more time votes forward. I raised the problem collectors who enjoy showing, buying afterwards. with the distinguished Senator from and selling their antique firearms. Mr. LAUTENBERG. If you eat crow, These are people who enjoy the tradi- Idaho. I said: I thought there was a you have to do it when it is warm. whole part of the bill missing. Basi- tion of responsible gun ownership in Mr. LEAHY. I yield to you. this country. This is a tradition—and a cally, my argument was dismissed. Mr. LAUTENBERG. Thank you. Be- Let’s go on with the vote. right—that we need to preserve. cause what happened is we had an ex- Our gun laws should be directed at This afternoon, they say: Oh, by the tensive delivery by the distinguished the illegal misuse of firearms, not the way, this part you said was missing, Senator from Idaho. And if we are now lawful ownership of guns by law-abid- yes, it was. Now we have added it back going to divide up the time, it is a lit- ing citizens. The first step we should in. tle out of balance. So I say this to the take is to address the concerns the I did not raise it nonchalantly. I Senator from Utah, that if we agree to Senator from Alabama will speak on thought it was serious. So I think that give up 10 minutes now, and reserve, shortly that gun laws are not being we ought to at least, if we have just perhaps, 15 for our side, just to get a strictly enforced. The Senator from gotten a hot piece of legislation still little bit of balance in here, and we are Alabama has documented an appalling warm from the Xerox machine, get a going to continue the debate—— drop in prosecutions of gun-related of- chance to see it. It would be a lot easi- Mr. HATCH. That is fine. fenses, gun control laws under this ad- er to take a few minutes longer and Mr. LAUTENBERG. Let’s divide it ministration. make sure it is done correctly and we equally. That should be our first step. know what we are voting on than we go Mr. HATCH. OK. And I ask unani- Second, the Republican package puts through as we did yesterday when the mous consent that the first speaker be together reasonable restrictions that concerns that Senator SCHUMER and I Senator COLLINS. will ensure that guns do not fall into raised were sort of dismissed, and now The PRESIDING OFFICER. Is there the hands of criminals through the we find, yes, we were right, and we are objection to dividing the time equally? mechanism of a gun show. back into the thing. Mr. LEAHY. Between now and 5? I know the people who attend gun Let’s make sure everybody under- The PRESIDING OFFICER. Between shows across America want to make stands where we are going. now and 5. sure they are selling to people who will I say to the Senator from Utah, The Chair hears none, and it is so or- use firearms in a responsible way that maybe during the votes at 5 o’clock he dered. is the American tradition. and I might meet with interested par- The Senator from Maine. This legislation before us strikes the ties to see if we can work times out. Mr. HATCH. Our first speaker is the right balance, and I urge support of the Mr. HATCH. Let me make this sug- Senator from Maine. amendment. I commend those who gestion. I hope it will be found accept- Ms. COLLINS. I thank the distin- have worked on this to respond to the able to colleagues on the other side. guished chairman for his patience in concerns we raised yesterday. Since they are studying this amend- working this out. And I also thank the I yield back the remainder of my ment—and have had it for over an hour Senators from Vermont and New Jer- time to the chairman of the com- —since they are studying this amend- sey for agreeing to this arrangement. mittee. ment and need to finish their studies, I Mr. President, I rise to support the Ms. SNOWE. Mr. President, I rise ask unanimous consent that Senator provisions in the Hatch-Craig amend- today in support of the Hatch-Craig

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5234 CONGRESSIONAL RECORD — SENATE May 13, 1999 amendment to S. 254, the Violent and guage and words, and we are not ad- So he said he realized only too late Repeat Juvenile Offender Account- dressing the point. that 40 percent of the people who ability and Rehabilitation Act. This The point is whether or not we are bought guns at gun shows bought them amendment provides four important willing to say, if guns are sold, there from unlicensed dealers—or 40 percent components in the efforts of combating has to be a measure of identification of of the guns sold, forgive me, were from juvenile violence and crime. the buyer. That is the question. Ask unlicensed dealers. I also want to thank the Majority the parents in Littleton, CO, what they Well, that is pretty significant. That Leader, Senator LOTT, Senators HATCH, think. Should we have identified every- is a lot of guns floating out there that CRAIG and MCCAIN for listening to my body who walks into a gun show? De- nobody has any record of, unless some- concerns and working with me to en- scribe the gun show as you will, we will one volunteers to leave their name. I sure the National Instant Check Sys- talk about that in a minute. Should ev- do not see a lot of volunteers coming tem applies to all sales made at gun erybody who buys a gun at a gun show up throwing their photo ID on the shows. be identified? I think yes. counter and saying, hey, give me a This amendment provides for more The shallow arguments about, we dozen guns, will you. You don’t see aggressive prosecution of criminals have 40,000 laws on the books and that happening. who use guns to commit crime, en- therefore why do we need one more— We ought to clear the air, clear the hances penalties on criminals who use well, you tell me what happened when language here, tell the American peo- guns, increases protection of children Terry Nichols and Timothy McVeigh ple, as they were told yesterday—I from gun violence. Most importantly, were out at a gun show selling guns to want everybody within earshot to re- this amendment mandates that indi- raise money for their terrorist oper- member this—yesterday there were 47 viduals purchasing weapons at gun ation. What is the point? of us who voted to close a loophole. shows must undergo a background Obviously, the laws that we have do There were 51 people who voted to check through the National Instant not cover all of the situations. I say leave it open, to make sure that those Check System. This is the same re- this. I just heard the distinguished who want to buy a gun without identi- quirement currently in place for pur- Senator from Maine say it, I have fying themselves could still have the chases made at gun shows, when buy- heard the Senator from Idaho say it liberty to do so. ing a weapon from a licenced gun deal- and others. There is no blanket accusa- We hear all kinds of specious argu- er. tion here that says everybody who goes ments—another bureaucratic imposi- Mr. President, gun shows are commu- to a gun show is a felon, an anarchist, tion on free citizens in this country. nity events, usually held over a week- a crook, a thug—not at all. But we We have laws in this country. We are a end at State Fairgrounds, convention want to protect those families who do country of laws. It says so in our Con- centers, or exhibit halls. These shows go to gun shows with an earnest inter- stitution. If you have laws, you have to have been going on for years and at- est in seeing what is around and maybe have a structure. You have to have an tract a wide cross section of gun own- buying a hunting rifle or what have orderly process by which those laws are ers. At the shows, people not only buy, you. Why should they be ashamed? developed and enforced. Our job here is sell, or trade firearms, they also ex- Why should anybody be ashamed or un- to develop them. change tips on hunting, gunsmithing, willing to leave their name behind So what is wrong with having people and firearm history. when they take this lethal weapon and enforce laws that we think otherwise By implementing an instant check stick it in their pocket? That is the might bring harm and injury to inno- system at gun shows, law abiding gun problem. No matter how much lan- cent people? I do not want my grand- buyers can receive their background guage is thrown out here, we ought to children going to school with other check within minutes and be able to try to cut through it and see what the kids who might be able to get their obtain the firearm they wish to add to mission is. hands on a gun because a father or a their collection. On the other hand, The mission is to try to protect the relative left the gun unattended. I criminals and other people who are not NRA, not to protect the people of our think it is terrible. I think they ought allowed to possess firearms can be country, the innocents who send their to be responsible for the actions that identified and arrested for trying to kids to school every day of the week that child who takes the gun brings purchase a weapon, in violation of the and now pray that the children come upon his or her classmates or friends. law. back not only learned but safe and So we ought to clean up the language Mr. President, this amendment, of sound. That is the message we are try- here so the American people know which I am a co-sponsor, provides a ing to get across here. what we are talking about. Some of us good balance between allowing law- We hear this obfuscational language: are for closing the loophole and some abiding citizens to purchase weapons at Well, if they had this and they had that of us are for leaving it open. gun shows without burdensome regula- and they didn’t have measles and they The vote yesterday was quite a rev- tions and preventing criminals from had some other condition, then it is all elation. It should have been for the obtaining weapons from individuals at right. American public. Yesterday 51 percent gun shows. Stop with the loopholes. I offered an of the people in this room said: Do not The PRESIDING OFFICER (Mr. amendment yesterday which was clear close the loophole. Do not take away THOMAS). Who yields time? and concise, which said that everybody the rights of someone who wants to be Mr. LEAHY. Mr. President, par- who buys a gun ought to be identified unidentified, anonymous, buying guns liamentary inquiry: What time is the and that those dealers who are unli- out there. Permit them to do it, be- vote scheduled for? censed dealers, call them what you cause otherwise it is an infraction of The PRESIDING OFFICER. Five. will, who can sell guns out of the trunk their rights. If a neighbor wants to sell Mr. LEAHY. How much time is there of their car in any quantity they want, a gun to a neighbor, why shouldn’t he for the Senator from Vermont? to anybody they want, without getting be able to do it without having to go The PRESIDING OFFICER. The Sen- so much as a name, except the cash on through the trouble of identifying him? ator has 12 minutes. the barrelhead, walk away, someone Try to give your neighbor your car Mr. LEAHY. I yield to the Senator buys 10 guns, there is not an ounce of and not take note of the transfer. If from New Jersey. suspicion raised about that. that neighbor has that car and it still The PRESIDING OFFICER. The Sen- We heard the Senator from Idaho has your name on it, you are respon- ator from New Jersey. yesterday say, well, a measly 2 percent, sible for it, whatever it is that hap- Mr. LAUTENBERG. I thank the Sen- that is all, 2 percent of the guns sold in pens. ator from Vermont, and I thank the these gun shows, only 2 percent, are We see immediately now in the pres- Chair. unlicensed. Then he was gentleman entation today some apologies. The If the audience here or out there is enough and sincere enough to say, I apology is not for the American people. mystified, I wouldn’t be surprised, be- made a mistake; it wasn’t 2 percent; it The apology is to those who might be cause I think we, too, are mystified. is 40 percent. Forty percent. Two per- inconvenienced because they have to We are buried under a volume of lan- cent. That is a significant difference. identify themselves when they buy a

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5235 gun. We ought not to be apologizing to have developed that would help to positions, including assistance to them. We ought to apologize to every achieve these goals. courts to automate their current parent, to every family, to everyone Mr. President, the most effective records systems. who might be injured by a gun that is method to assure that gun sellers and Everybody will benefit from this bought, 40 percent of those guns that dealers are selling their products to more-thorough criminal history—law come out of gun shows without any law-abiding citizens is the background enforcement and the public, in general. identification. That is what we are check. In 1993, Congress passed the We can improve our background check talking about. We are clearly divided Brady bill, which is designed, in part at system by expanding it to include on the issue. least, to move us toward the National records of those who have not broken Now what has happened, there is kind Instant Check System for gun sales. the law, but who are still prohibited of a fail-safe that has developed, be- Due to this initiative, we have ex- under current law from possessing fire- cause yesterday not only brought the panded and made more accessible the arms. These people include involuntary picture into focus, but it also said to National Instant Criminal Background commitments to mental health institu- the American people, who are enraged Check System, also known as NICS. tions and those subject to domestic re- by what is happening in these schools, Now, could this system be improved? straining orders. Those are the people enraged, pained—87 percent of the peo- The answer is, yes, it could be. For ex- who, many times, are also falling ple in this country said close the loop- ample, today, handgun checks are through the cracks of our current sys- hole. But in this Senate, 51 percent ‘‘name only’’ checks, which frequently tem. said: No, don’t close the loophole; we come back inconclusive because a po- This amendment would direct the At- want to protect the rights of those who tential purchaser may have a similar torney General of the United States to would buy guns as if it was in the dark name as a convicted offender, or that develop procedures by which non- of night. potential purchaser could be using a conviction and other data can be avail- So today we see an attempt at a leg- false name, or an alias. When this hap- able for the instant check system, islative redress for the error that was pens, a manual check has to be per- stopping people who are currently pro- made yesterday that was caught by the formed. hibited from possessing a firearm, but newspapers. It was caught by tele- Mr. President, one way we can im- who the current system is not watch- vision. It was caught by the public at prove the instant check system is ing. This amendment would fully fund large, who are indignant. We hear it through technology that is now avail- the National Instant Check System to couched in flowery phrases—I didn’t able, which can check a purchaser’s pay for the operation costs of back- know there was that exception, or I fingerprint against a single print data- ground checks. The FBI would be pro- didn’t know there was this exception— base. The time has come for this idea; vided operations costs of performing when they heard from their constitu- it is an idea worth exploring. Our instant checks, and also States serving ents and the constituents were angry amendment would direct the Attorney as point of contact States will be reim- and mortified by the fact that their General of the United States to study bursed by up to $7 per background representative voted to keep open the the feasibility of creating a single check. Finally, we need to better provide in- loophole. print instant check system and data- formation not just on the lawbreakers, So now we are trying to figure out base to enable a voluntary, rapid, and but on the guns they use to commit what it is exactly that is being pro- accurate search of potential gun pur- crimes. To accomplish this goal re- posed. If we are cynical and suspicious, chasers. Currently, there are 40 million quires a strong investment in the na- we should be, because yesterday the fingerprint cards in the master crimi- tional integrated ballistic identifica- vote was one way and today it suddenly nal fingerprint file from which con- tion network. This system combines dawns on them that maybe people who victed offender prints could be placed the ballistic and forensic capabilities buy guns ought to really leave their online for an instant search. With a of the FBI and ATF to create one en- single print database, firearm dealers name behind, regardless of whether the hanced ballistic system for State and could facilitate the completion of a dealer is a federally licensed dealer or local law enforcement agencies. This gun sale. A single print system could just someone who throws up a table amendment before us would provide reduce the potential for felons to ob- and pays a $10 fee at a gun show. We funds, much-needed funds, to expedite tain firearms through the use of false are talking about the definition of this process. ‘‘gun show’’ and the definition of ‘‘deal- identification. It would close a major Mr. President, a greater investment er.’’ Nonsense. We ought to talk about loophole. of innovative thinking and resources is Mr. President, we can also improve the lives that we can save, about the urgently needed to improve the Na- the system by ensuring that our children that we can protect. I hope tional Instant Check System. This records are accurate and up to date. I that the debate is going to get into amendment would provide that invest- have often said that type of informa- that area before this discussion is over. ment. It would make the system more tion is absolutely critical and vital to I hope that we look carefully at what responsive, more accurate and, yes, good police work. Information can and is being proposed and study it because more thorough. Most important, it does save lives. Mr. President, our it came up all of a sudden—suddenly, would make our efforts to keep guns background check system is only as to have an agreement that, OK, some out of hands of children and criminals good as the information that is in it. people ought to have their names iden- more effective. Mr. President, this The unfortunate fact is that serious tified with their purchase but not for amendment will save lives. others. record backlogs exist in many States. I yield the floor. Mr. President, I yield back my time Many of our State databases are sim- The PRESIDING OFFICER. Who with the understanding that we are ply incomplete, and many are very in- yields time? going to be discussing this after the accurate. We have improved it over the Mr. LEAHY. Mr. President, how votes we are going to take. years but we have a long way to go. much time remains? Mr. HATCH. Mr. President, I yield Since the instant check system became The PRESIDING OFFICER. The re- such time as remains to the Senator effective last November, over 900 indi- maining time is 1 minute 46 seconds from Ohio. viduals who have been convicted for controlled by the Senator from Utah. The PRESIDING OFFICER. The Sen- class one felonies—murder, rape, seri- The PRESIDING OFFICER. The Sen- ator from Ohio is recognized. ous assaults—were able to buy guns be- ator from Missouri. Mr. DEWINE. Mr. President, all of us cause the appropriate records were Mr. ASHCROFT. Mr. President, may agree we need to do a better job of simply not available. I inquire of the state of time? keeping track of guns that might fall Mr. President, States desperately The PRESIDING OFFICER. There into vulnerable young hands. That is need financial help to eliminate this are 15 seconds remaining before the 5 why I support the amendment offered dangerous records gap and to plug this o’clock time for voting, and there will by the distinguished chairman of the loophole. Our amendment would probe 5 minutes equally divided between Judiciary Committee, Senator HATCH, vide $25 million to central repository the two sides. At this point, the Sen- which contains several measures that I directors to facilitate logging in, dis- ator controls 21⁄2 minutes.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5236 CONGRESSIONAL RECORD — SENATE May 13, 1999 Mr. ASHCROFT. It is my under- similar to the Leahy law enforcement The assistant legislative clerk called standing that I am eligible to spend the amendment that the Republican major- the roll. 21⁄2 minutes in favor of the Ashcroft ity voted down yesterday. The Leahy Mr. REID. I announce that the Sen- amendment at this time. amendment, which was the Democratic ator from Hawaii (Mr. INOUYE) and the The PRESIDING OFFICER. The Sen- consensus position on gun control, in- Senator from New York (Mr. MOY- ator is correct. cluded the enhanced parental penalties NIHAN), are necessarily absent. Mr. ASHCROFT. Thank you, Mr. for the transfer of handguns, assault I further announce that, if present President. weapons, and high-capacity ammuni- and voting, the Senator from New York The Ashcroft amendment is a very tion clips to juveniles and the ban on (Mr. MOYNIHAN), would vote ‘‘aye.’’ simple amendment. It recognizes that the juvenile possession of handguns, as- The result was announced—yeas 96, in addition to handguns, which require sault weapons and high-capacity am- nays 2, as follows: some special responsibility and, there- munition clips. This amendment has a [Rollcall Vote No. 115 Leg.] fore, are prohibited for sale to minors, couple of changes. It increases the ex- YEAS—96 and are even prohibited in private sales ceptions for such transfers. Abraham Edwards Lott to minors, and for them to be in the But if imitation is the highest form Akaka Feingold Lugar possession of a minor requiring the per- of flattery, then I guess I should be Allard Feinstein Mack mission of parents, that the same kind flattered where all the Democrats Ashcroft Fitzgerald McCain Baucus Frist McConnell of rules ought to apply to semiauto- signed onto the one amendment that Bayh Gorton Mikulski matic assault rifles as apply to hand- was voted down by the Republicans Bennett Graham Murkowski guns as it relates to minors. yesterday. Of course, I am going to Biden Gramm Murray Right now, where handgun sales to Bingaman Grams Nickles support this amendment, because it is Bond Grassley Reed minors are prohibited, semiautomatic so similar to the form of what we had Boxer Gregg Reid assault rifle sales to minors are per- yesterday. Breaux Hagel Robb mitted. Where a minor, in order to I just wish it had adopted a couple of Brownback Harkin Roberts Bryan Hatch Rockefeller have a handgun, has to have parental other consensus positions. I wish it in- Bunning Helms Roth permission, a minor can own an assault cluded our gun ban for life for dan- Burns Hollings Santorum rifle, a semiautomatic assault rifle gerous juvenile offenders. For the life Byrd Hutchinson Sarbanes without parental permission. Campbell Hutchison Schumer of me, I cannot understand why the Chafee Inhofe Sessions The Ashcroft amendment simply other side opposes my proposal, the Cleland Jeffords Shelby wants to remove this disparity, be- Democrat proposal, that if you have a Cochran Johnson Smith (OR) cause it expresses a belief that a semi- juvenile who is convicted of assault Collins Kennedy Snowe automatic assault rifle, assault weap- Conrad Kerrey Specter with a deadly weapon, is convicted of Coverdell Kerry Stevens on, ought to have the same level of re- murder, or attempted murder, why Craig Kohl Thomas sponsibility attendant to it as a hand- that person should not be banned for Crapo Kyl Thompson gun. Daschle Landrieu Thurmond life from owning a gun. DeWine Lautenberg Torricelli The Ashcroft amendment would pro- I wish it had the money that we put Dodd Leahy Voinovich hibit private sales of semiautomatic into mine that was dedicated just to Domenici Levin Warner assault rifles to minors, and it would Federal prosecution of the firearms Dorgan Lieberman Wellstone require that they have parental per- violations. I wish it had the resources Durbin Lincoln Wyden mission in order for one even to be in for firearm tracing that we put under NAYS—2 the possession of a minor. the youth crime interdiction initiative. Enzi Smith (NH) This really makes the rules about But perhaps when they look at the rest NOT VOTING—2 handguns and semiautomatic assault of my amendment that will be in the Inouye Moynihan weapons identical for all basic intents next Republican package. I hope it is. and purposes. There are some excep- To the extent that this primarily in- The amendment (No. 342) was agreed tions in the law for purposes of the pos- cludes a number of the things that I to. session of handguns that relate to em- had in my amendment yesterday, of Several Senators addressed the ployment. There are some minors, for course, I will be consistent enough to Chair. instance, who are required in their em- vote for it again this time. The PRESIDING OFFICER. The ma- ployment to be involved with a hand- Ralph Waldo Emerson once said: ‘‘A jority leader is recognized. gun. Those exceptions would be the foolish consistency is the hobgoblin of Mr. LOTT. I thank the Chair. same basically as well. little minds.’’ There are no hobgoblins Mr. President, I know all the Sen- The thrust of this amendment is to on the other side. They don’t mind ators are interested in what the sched- say that this situation where semi- being inconsistent in voting for it ule might be. It is that time of the automatic assault weapons were not today when they voted for it yesterday. week when we begin to have to make required to have the level of responsi- The PRESIDING OFFICER. The Sen- some decisions. I would like for us to bility that we had assigned to hand- ator from Utah. finish this bill tonight. There have guns for juveniles, that should be Mr. HATCH. I ask unanimous consent been a dozen or more amendments that changed so that assault rifles and the Ms. COLLINS be added as cosponsor of have been considered and others I am semiautomatic assault weapons have the Hatch-Craig-McCain-DeWine-Smith sure have been accepted. We still have the same kind of responsibility re- amendment that is pending. a large number of amendments, quirements that had previously been The PRESIDING OFFICER. Without though, that are pending. applied to handguns resulting in the re- objection, it is so ordered. I hope Senators will consider either quirement that there be parental per- Mr. HATCH. Mr. President, have the not offering their amendments or mission before there can even be pos- yeas and nays been ordered? agreeing to put them in a package of session, and that there would not be a The PRESIDING OFFICER. They amendments. We are encouraging Sen- potential for purchase in private sales. have not. ators on this side of the aisle to do I urge my colleagues to vote in favor Mr. HATCH. I ask for the yeas and that, and we have at least one that has of this reasonable and simple change in nays on both amendments. been done that way. the law. The PRESIDING OFFICER. Is there a If we finish the bill tonight, then we The PRESIDING OFFICER (Mr. sufficient second? will not have any votes tomorrow. If SMITH of Oregon). The Senator’s time There is a sufficient second. we do not finish it tomorrow, then it is has expired. Who yields time in opposi- The yeas and nays were ordered. essential we stay in tomorrow. This is tion to the amendment? The PRESIDING OFFICER. The important legislation. A lot of amend- Mr. LEAHY. Mr. President, I will question is on agreeing to amendment ments have been offered. Others will be take this side’s time. No. 342. On this question, the yeas and offered that are critical amendments I have listened to the debate and read nays have been ordered, and the clerk and very important to Members on the amendment. It is deja vu. It is very will call the roll. both sides. I have discussed this with

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5237 Senator DASCHLE, and I know Senators studied her original amendment, but clips and the sale of these same clips on both sides and the managers are what are you changing in your amend- and the possession of these same clips trying to work through a list of amendment that would be subject to a vote? was made illegal. The loophole is per- ments that probably is still in the Mrs. FEINSTEIN. I will be very mitting the importation of foreign range of 40 or 50. We have to work very happy to answer that question. Essen- clips while we close off the manufac- fast and hard to get through those. tially, a part of my amendment was ture of them domestically, the sale of With that in mind, I say, again, that also Senator ASHCROFT’s amendment, the domestic clip. These new clips, we will go as late as we can tonight. I with some technical changes, particu- manufactured after the ban, the fact of know we have a delegation of eight or larly in the exemptions. What we are the matter is, are coming in. so Senators that is supposed to leave doing by this is accepting Senator I submitted for the record BATF sta- for Kosovo at 6:30 in the morning. We ASHCROFT’s amendment and separating tistics that in 6 months 8.6 million will have to ask them to delay that. We out the part of my amendment which clips are approved for entry from 20 dif- can keep going tomorrow and we can would close the loophole in the assault ferent countries, many of them as big keep going, if it is the desire of the weapons legislation and ban the impor- as 250 rounds, 90 rounds, 70 rounds, 50 Senate, even into Saturday. I have to tation of the big clips, just as these rounds, by the hundreds of thousands. check with Senator HATCH and Senator clips are now prohibited from domestic We are trying to cut off that loophole. LEAHY. They are committed to getting manufacture in this country. Mr. CRAIG addressed the Chair. this bill done. Mr. CRAIG. Will the Senator yield The PRESIDING OFFICER. The Sen- The reason we have to complete it for an additional question? ator from Idaho. this week is that next week we have to Mrs. FEINSTEIN. I will be happy to Mr. CRAIG. I will be very brief. deal with supplemental appropriations, yield. I do stand in opposition. Last year, which I hope will be ready then. We Mr. CRAIG. In the original amend- we had the same vote on the floor, and hope to have something we can vote on ment, the Senator bans a class of fire- it was to overturn the 1994 law that concerning Y2K next week. We have arm that is used in schools and colleges creates some exceptions. It is the ex- the bankruptcy bill. We also have for professional target shooting and ception that the Senator disagrees State Department authorization, de- target practice. Has she taken that with now as it relates to the importa- fense authorization and defense appro- particular provision out? priations and a satellite bill, all of Mrs. FEINSTEIN. That is correct. tion of a form of automatic loading de- which we would like to consider and Mr. CRAIG. All right. vice, better known as a clip. get done before the Memorial Day re- The PRESIDING OFFICER. Without The vote last year was 54 to 44 in op- cess. objection, it is so ordered. position to that amendment on a ta- It is not a question of not wanting to The amendment, as further modified, bling motion. I hope we can continue complete this bill. It is just we do not is as follows: to maintain that position. I think it is have time next week. So we will either On page 276, below the matter following consistent with the law that we passed have to work through these amend- line 3, add the following: in 1994. ments quickly or we will have to keep TITLE V—ASSAULT WEAPONS I yield the floor. going tonight and over into tomorrow. SEC. 501. SHORT TITLE. The PRESIDING OFFICER. The Please work with the managers. They This Act may be cited as the ‘‘Juvenile As- question is on agreeing to the amend- are trying to do the job and they need sault Weapon Loophole Closure Act of 1999’’. ment, as further modified. The yeas your cooperation. I say to those of you SEC. 502. BAN ON IMPORTING LARGE CAPACITY and nays have been ordered. AMMUNITION FEEDING DEVICES. who are looking to leave tonight or to- Section 922(w) of title 18, United States Mr. SMITH of New Hampshire ad- morrow morning, right now it looks as Code, is amended— dressed the Chair. if we will not be able to finish tonight (1) in paragraph (1), by striking ‘‘(1) Except The PRESIDING OFFICER. The Sen- and we will have to be in session to- as provided in paragraph (2)’’ and inserting ator from New Hampshire. morrow. We cannot even give you as- ‘‘(1)(A) Except as provided in subparagraph Mr. SMITH of New Hampshire. I surances that we will finish by noon. (B)’’; move to table the Feinstein amend- We will just have to keep going until (2) in paragraph (2), by striking ‘‘(2) Para- ment and ask for the yeas and nays. we get it done. graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’; The PRESIDING OFFICER. Is there a If we really cooperate with these sufficient second? managers, which happens quite often, I (3) by inserting before paragraph (3) the following new paragraph (2): There is a sufficient second. believe we can finish tonight. I looked ‘‘(2) It shall be unlawful for any person to The yeas and nays were ordered. down the list, and I think there are import a large capacity ammunition feeding The PRESIDING OFFICER. The maybe four to six amendments that we device.’’; and question is on agreeing to the motion really need to have discussion and (4) in paragraph (4)— to table amendment No. 343, as further votes on. I think we can find a way to (A) by striking ‘‘(1)’’ each place it appears modified. The yeas and nays have been complete that tonight or early in the and inserting ‘‘(1)(A)’’; and ordered. The clerk will call the roll. morning. (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. I yield the floor, Mr. President. SEC. 505. DEFINITION OF LARGE CAPACITY AM- The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- MUNITION FEEDING DEVICE. Mr. REID. I announce that the Sen- Section 921(a)(31) of title 18, United States ator from Hawaii (Mr. INOUYE) and the ator from California is recognized. Code, is amended by striking ‘‘manufactured Senator from New York (Mr. MOY- AMENDMENT NO. 343, AS FURTHER MODIFIED after the date of enactment of the Violent Mrs. FEINSTEIN. I thank the Chair. Crime Control and Law Enforcement Act of NIHAN) are necesssarily absent. Mr. President, it is my understanding 1994’’. I further announce that, if present that I have 21⁄2 minutes to wrap up the SEC. 506. EFFECTIVE DATE. and voting, the Senator from New York amendment. This Act and the amendments made by (Mr. MOYNIHAN) would vote ‘‘no.’’ The PRESIDING OFFICER. The Sen- this Act except Secs. 502 and 505 shall take The result was announced—yeas 39, ator is correct. effect 180 days after the date of enactment of nays 59, as follows: Mrs. FEINSTEIN. Mr. President, in this Act. [Rollcall Vote No. 116 Leg.] light of the action the Senate just took Mrs. FEINSTEIN. Mr. President, if I YEAS—39 in adopting the ban on juvenile posses- may then discuss what is in the divi- Allard Craig Kyl sion of assault weapons and large clips, sion of the question. When we passed Ashcroft Crapo Leahy I ask unanimous consent to modify my the assault weapons legislation in 1994, Baucus Enzi Lott amendment by striking sections 503 there was a grandfather clause which Bingaman Gorton Mack permitted the continued importation of Bond Gramm McCain and 504 which will do essentially the Breaux Grams McConnell same thing. shipments of clips, drums and strips of Brownback Hagel Murkowski The PRESIDING OFFICER. Is there large size, large size being defined here Bunning Hatch Roberts objection? by more than 10 bullets. Burns Helms Santorum Campbell Hutchison Shelby Mr. CRAIG. Can the Senator from In the legislation passed in 1994, the Cochran Inhofe Smith (NH) California clarify for us—we have all domestic manufacture of these same

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5238 CONGRESSIONAL RECORD — SENATE May 13, 1999 Snowe Stevens Thompson try and wrecking our schools and cre- an amendment that virtually every- Specter Thomas Thurmond ating gangs and doing things that are body in this body ought to support, be- NAYS—59 really causing this country chaotic cause we have made real efforts to try Abraham Feingold Lincoln conditions. to accommodate people on both sides of Akaka Feinstein Lugar We have a bill here that is bipartisan the floor. And we have incorporated Bayh Fitzgerald Mikulski that really will do something about Democrat ideas in this amendment as Bennett Frist Murray Biden Graham Nickles that. There have been wins on both well. We have done it to try to bring Boxer Grassley Reed sides, and I think to the betterment of this matter to an effective and decent Bryan Gregg Reid this bill. I think it is time for us to get conclusion. Byrd Harkin Robb Chafee Hollings down and start working on it and get it I know this: The majority leader Rockefeller Cleland Hutchinson done. means it. We are going to be in here all Roth Collins Jeffords week, and it is just ridiculous to do Sarbanes I can’t imagine why anybody in this Conrad Johnson body wouldn’t want to get this bill that, especially when we have come Coverdell Kennedy Schumer Daschle Kerrey Sessions done, especially with 2 years of work this far and we have had this kind of an DeWine Kerry Smith (OR) and all kinds of effort and work here on open debate. We have debated some of Dodd Kohl Torricelli the floor by both sides. the more controversial and difficult Domenici Landrieu Voinovich issues, and both sides have been given Dorgan Lautenberg Warner I want to compliment my Democratic Durbin Levin Wellstone leader on this bill for the good work he every chance to speak on it. Edwards Lieberman Wyden has done on this, and the work we have I suggest we come to a time agree- NOT VOTING—2 been able to do together. It is clear we ment that gives most of the time to the distinguished Senator from New Inouye Moynihan can’t pass this bill with 77 amendments. Jersey and those who are on the minor- The motion was rejected. Mr. LEAHY. Mr. President, the Sen- ity side who deserve a right to debate Mr. LEAHY. I ask unanimous con- ate is not in order, and the Senator this amendment. We are willing to go sent that we vitiate the yeas and nays from Utah is going to be heard, espe- ahead and do that. on the underlying amendment. cially if he is going to be praising me. I just would like to get a time limit The PRESIDING OFFICER. Without I want him to be heard. on it and then move on from there, and objection, it is so ordered. The PRESIDING OFFICER (Mr. move to the similar amendment, which The PRESIDING OFFICER. The we would get a time agreement on. question is on agreeing to the amend- BROWNBACK). We will please have order in the body. Mr. LAUTENBERG. Mr. President, if ment of Senator FEINSTEIN. the manager will yield. The amendment (No. 343), as further The Senator from Utah. Mr. HATCH. We clearly can’t pass Mr. HATCH. I yield for a question modified, was agreed to. this bill if we have to have 73 amend- only. Mr. HATCH. Mr. President, I ask Mr. LAUTENBERG. Mr. President, ments. There is just no way we have unanimous consent that Senator this is a fairly complicated change, as time in this legislative session to do it. SNOWE be added as a cosponsor to the I see it, from the original Lautenberg Hatch-Craig amendment. This bill has virtually everything in it amendment. But certainly it has to be Mr. LAUTENBERG. Mr. President, to help us to resolve these problems. considered, in all due respect to the the Chamber is not in order. I was un- We all have pet projects in the amend- Senator from Utah. I know how hard he able to hear the request. I would like ments that we bring up. It is time to worked and how serious he is about it. to hear it before it is agreed to. start restraining ourselves and quit de- We have great respect and friendship. The PRESIDING OFFICER. Will the laying this particular bill. But I wonder, because we are not able Senator renew his request? I am getting to the point—we are not to reach an immediate time agree- Members in the well will take their there yet, but we are getting to the ment, whether or not we could put it conversations to the cloakroom. point where I am going to start moving aside so that we can discuss our dif- The Senator from Utah. to table every doggone amendment ferences and see if we can come any Mr. HATCH. Mr. President, I ask that will come up. I am going to table closer together to try to resolve it. I, unanimous consent that Senator them right off the bat, because I think too, like everyone else, wish to see this SNOWE be added as a cosponsor to the we have gone way too far here. If we bill moved, but I think we have not had Hatch-Craig amendment. had a big partisan thing here where enough time to really debate it. The PRESIDING OFFICER. Is there your side or our side was being mis- Mr. HATCH. If I could respond to the objection? treated, that is another matter, but Senator, we have people on our side Without objection, it is so ordered. this has been very fairly conducted, who are going to move to table this Mr. HATCH. Mr. President, I want to and everybody knows it. amendment. I would like to avoid that call to the attention of the Senate that I think it is time to get serious about by having a reasonable time for the we have possible Democrat amend- solving these juvenile justice problems Senator from New Jersey to argue this ments of 51 and possible Republican in our society. This bill has been im- amendment. There is nothing com- amendments of 22. We have disposed of proved to a large degree. Some of us be- plicated about it. We explained it in de- 12 or 13. lieve it has been hurt a little bit, but tail. It is easy to understand. Frankly, Look, this is ridiculous. We have that is the process. Now it is time to there is not one thing in here that is been very fair. Both sides have had an sit down and get this done. new and that can’t be understood read- opportunity to present what they Look, we have the Hatch-Craig ily. wanted to present. We have had some amendment. Admittedly, our side has I would be happy to sit down with the terrible amendments here from one had more time on that amendment. Senator and go over the detail of this side or the other, and we fought them I would like to get a time agreement. amendment. I think he would be through and we have done what is The minority has had that amendment pleased with most all of it. But I would right. for well over 21⁄2 hours, maybe 31⁄2 like to avoid a motion to table. I would Let me tell you something. I would hours. I can’t remember, but it has like the Senator to have time to debate like to move through this matter as been a long time. We have had major, this amendment. But the way things quickly as we can. I would like to have major amendments from them. But we are going, he is going to be cut off on colleagues on both sides reduce the have taken one-half hour to get it pre- his time. I don’t want to have that hap- number of amendments. If you abso- pared. It is time to argue it. It is time pen, nor do I want this to evolve into a lutely don’t have to have the amend- to get it over with. We are willing to situation—we have been trying to be ment, let’s withdraw it. This is a very, grant most of the time to the distin- cooperative and trying to make this very important bill. We are talking guished Senator from New Jersey, or thing work. And it is apparent some about kids all over this country who others on the minority side. But I people around here are trying to delay are getting away with murder. would suggest we set a time to vote on it. We are talking about vicious, violent this amendment. I would like to get I am not accusing the distinguished juveniles who are wrecking our coun- that over with, because I believe this is Senator from New Jersey, but I believe

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5239 we could get this bill finished tonight voted it down yesterday that you are cally does the four things I discussed, if we would sit down and get it fin- willing to vote it up today when you and that is not a major—— ished. I don’t see any reason we bring it up. That is OK. I will support Mr. SCHUMER. We did not have any shouldn’t. The sooner we get it fin- a number of those things that come opportunity to address this special reg- ished, the sooner the kids in our soci- back. But that is what we have to istrants issue. As I understand it, ety are going to understand what the avoid. Hatch-Craig elaborates on the report- game is and that we are going to stop I think, frankly, one way out of ing requirements of special registrants some of this violent juvenile crime in this—I just suggest it and I have sug- and other important things. Let me this country. We are giving the tools to gested it to others—is that we debate say to my good friend from Utah, it is law enforcement to be able to do it. We the Craig-Hatch amendment, and the a major new way of dealing with fire- have $50 million in here for additional amendment of the distinguished Sen- arm licenses. juvenile prosecutors, just to name one ator from New York, Mr. SCHUMER is I understand the urgency that my thing out of that $1.1 billion in this going to have—we debate those as the friend from Utah places on the $50 mil- bill. I would like to get a time limit. I Members want, set that vote for an lion for more juvenile prosecutors. It is am willing to give the Senator all of early hour tomorrow morning, and something I share, because lives might the time, but let’s get a time limit on when that debate is finished, let the be saved. this and go from here. Senator from Utah and the Senator How can we rush through a whole Mr. LEAHY. Mr. President, will the from Vermont stay here and try to get new way of dealing with firearm deal- Senator yield? through as many amendments either ers, something that we first saw at 3:30, Mr. HATCH. I am glad to yield to my on the Republican or on the Demo- something we are vetting? That is my friend. cratic side that can be handled by voice concern. We could rush it through and Mr. LEAHY. Mr. President, let’s be vote, even if we have to stay here all find that this type of provision has to- realistic. night long to do that, so we then have tally changed things. First, I yield to nobody in this body a very clear shot of finishing. For instance, as I understand it—— in my support of good strict law en- It is one suggestion. and I want to know about it before giv- forcement. I would like to see this bill Mr. HATCH. If the Senator will yield. ing any permission for time limits—— wrapped up and voted up or voted Mr. LEAHY. Of course, I yield. these special registrants don’t have to down. There are different suggestions I Mr. HATCH. First of all, those sug- keep any records. Someone could go to made to the distinguished Senator gestions you had were in the $1.4 bil- a gun show, be a special registrant, sell from Utah that might do that. But lion comprehensive amendment you a gun, and there would be no way to see what I would suggest is that we be seri- made that had less than 9 percent for to whom they sold the gun, why, and ous on this. Unfortunately, on some- accountability. We have 45 percent on where. thing that should be a nonpartisan this bill on the money for account- That, to me, is extremely serious. I issue—juvenile crime—there are some ability and 55 percent for prevention. don’t think it is fair, given that this is things that have delayed us unneces- I said at the time, many of those a major change, admittedly, to a gun sarily. amendments we could accept and that show provision. I want to move this Wednesday, Senate Republicans we would present them later, which is bill, but I would like to know more voted against a Democratic package, what we have done. We have tried to do about that. and then today voted for the exact it in a reasonable, short period of time. Mr. HATCH. Yesterday, the Senator same thing when it was introduced on It is to the Senator’s credit that we all voted for the special registrant. the other side. Mr. SCHUMER. I voted against it. agree on those particular amendments. Mr. HATCH. You voted aye. We For example, the Leahy amendment, What I would like to do is finish the would like to make it mandatory, which proposed stiffer penalties for the Hatch-Craig amendment. Assuming we which we think corrects the problem. transfers to or possession of handguns do need a little bit more time on that, I worked hard to get that done and to and assault weapons, or high-capacity I suggest we set that aside so the Sen- resolve that because there was such a ammunition clips to juveniles, was ator can have a little bit more time, conflict between both sides. voted down by the Republicans yester- and go to the Schumer amendment, Mr. SCHUMER. Will the Senator day, and voted up by the Republicans which I believe we can do in 30 minutes yield? today. equally divided. Let’s rehearse the history. The Craig Moreover, the Leahy amendment also Mr. SCHUMER. Or more. amendment was added at the last proposed the ban of juvenile possession Mr. HATCH. We will try for 30 min- minute. I asked the Senator from Idaho of handguns, assault weapons and high- utes. If we need more, we will certainly whether it had these provisions in it. capacity ammunition clips, which was give it every consideration. He said no. He said I didn’t understand again voted down by the Republicans Mr. SCHUMER. Will the Senator the amendment. yesterday, and voted up by the Repub- yield? It was then voted on with the feeling licans today. Mr. HATCH. I am happy to yield to by many Members, if not most, that Mr. HATCH. Will the Senator yield the Senator. those provisions weren’t in the bill. on that point? The reason is it was part Mr. SCHUMER. Just a couple of Then this morning we hear—in all of an overall package that the Repub- points here. consideration, the Senator from Idaho licans couldn’t accept. So we can cer- Mr. MCCAIN. Regular order, Mr. was very gentlemanly, saying he was tainly accommodate. President. wrong—those new provisions were in Mr. LEAHY. Almost everything that The PRESIDING OFFICER. The Sen- the bill. was in that Leahy package is now ator from Utah has the floor. So we have never had a serious de- being proposed on the Republican side. Mr. HATCH. Thirty minutes equally bate on one of the most fundamental The $50 million for more vigorous en- divided on Schumer, and then we can changes in the way we sell guns in this forcement of gun laws, ‘‘juvenile be back with a time agreement on—— country. Brady,’’ the lifetime ban on gun owner- Mr. SCHUMER. Will the Senator Mr. HATCH. Will the Senator yield? ship by dangerous juvenile offenders, yield? I am prepared to do that. We argued the youth crime gun initiative on gun Mr. HATCH. Of course. it on our side. What I am suggesting is tracing, increased number of cities eli- Mr. SCHUMER. First of all, two that your side has had this amendment gible for grants under the YCG–II. All questions. One, the Hatch-Craig now for a lot longer than we have had the Democratic proposals of yesterday amendment is a major overhaul of the any amendment of yours and some of are now in the Hatch-Craig amendment way we license gun dealers in this your amendments were much more ex- of today. country. The provision of special reg- tensive than this. Mr. HATCH. Will the Senator yield? istrants, which is brand-new, could cre- I suggest we set aside the Hatch- Mr. LEAHY. Let me finish that one ate—— Craig amendment, move to your sentence, if I might. And I mention Mr. HATCH. That was in the under- amendment at this time, with 30 min- this one. I am pleased that when you lying amendment. Hatch-Craig basi- utes equally divided, and then agree to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5240 CONGRESSIONAL RECORD — SENATE May 13, 1999 a time agreement as soon as we are The PRESIDING OFFICER. Is there a trying to work out some way to make through with yours. sufficient second? progress on this bill tonight and, hope- We can stack the votes. That would There is a sufficient second. fully, even get some amendments done be fine with me. The yeas and nays were ordered. tonight or complete it. At this point, it Mr. SCHUMER. I say to the Senator, The PRESIDING OFFICER. The is obvious we are not getting enough I have no problems with moving—— question is on agreeing to the motion movement to achieve that tonight. I Mr. HATCH. Then why don’t we do to table amendment No. 344. know there are a lot of Senators who that? The yeas and nays have been ordered. have commitments tomorrow and Mr. SCHUMER. Again, I think it is The clerk will call the roll. hoped we could complete it tonight. At significant. We ought to move. Would The assistant legislative clerk called this juncture, sufficient progress is not we vote on it immediately after the de- the roll. being made and it is unrealistic to at- bate? Mr. REID. I announce that the Sen- tempt that. Mr. HATCH. Let’s make that deter- ator from Hawaii, (Mr. INOUYE), the I have a unanimous consent request mination then. Senator from Wisconsin, (Mr. KOHL), to deal with two of the amendments Mr. SCHUMER. I would like to get a and the Senator from New York, (Mr. that are in line now, and we would commitment that we would have a vote MOYNIHAN) are necessarily absent. have the two votes in the morning at immediately after the debate on the I further announce that, if present 9:30. After that, during the process of Schumer amendment, and then I would and voting, the Senator from New the night, hopefully more amendments like to take a little more time on it. York, (Mr. MOYNIHAN) would vote ‘‘no.’’ can be accepted, combined, or even Mr. HATCH. Mr. President, let me The result was announced—yeas 3, worked out, where we could have more suggest to the Senator we work with nays 94, as follows: than just the two votes in the morning, the Senator on when the vote should [Rollcall Vote No. 117 Leg.] or the next couple of amendments take place. We are talking about pro- YEAS—3 would be in order. tecting some Senators, we are talking Enzi Inhofe Smith (NH) What I am saying here is, with this about—— consent request, we would expect two Mr. SCHUMER. In all due respect, I NAYS—94 votes at 9:30 a.m., and we would expect cannot set a time limit until I have Abraham Edwards Mack to keep going, and we will see where we some assurance as to when we would Akaka Feingold McCain are in the morning. Something short of Allard Feinstein McConnell vote on that amendment. Ashcroft Fitzgerald Mikulski that has not been achievable at this Mr. HATCH. I will move to table ev- Baucus Frist Murkowski point. erything that comes up. I am getting Bayh Gorton Murray Mr. President, I ask unanimous con- sick of it. If we can’t get some reason- Bennett Graham Nickles sent that with respect to amendment Biden Gramm Reed able time agreements, which we have Bingaman Grams No. 344—that is the Hatch-Craig Reid Bond Grassley done time after time after time, this Robb amendment—debate be limited to 2 could go into the quagmire that defeats Boxer Gregg hours equally divided in the usual form Breaux Hagel Roberts the bill. I am not going to put up with Brownback Harkin Rockefeller with no amendments in order to the that kind of stuff, after what we have Bryan Hatch Roth amendment prior to the vote, and fol- done here for 3 days in a row on a bill Bunning Helms Santorum lowing that debate the amendment be Burns Hollings Sarbanes that everybody should want. Byrd Hutchinson Schumer laid aside. Look, I am trying to be reasonable. If Campbell Hutchison Sessions I ask consent that Senator SCHUMER the Senator insists on having votes Chafee Jeffords Shelby be recognized to offer an amendment when the Senator wants the vote, and I Cleland Johnson Smith (OR) regarding Internet firearms, and that am trying to protect Democrat Sen- Cochran Kennedy Snowe the debate be limited to 1 hour, that Collins Kerrey Specter ators, I think that is the wrong thing Conrad Kerry Stevens following that debate the amendment to do. I am prepared to table every- Coverdell Kyl Thomas be laid aside and the Senate proceed to thing that comes up. I don’t care. I will Craig Landrieu Thompson a vote in the order in which the amend- Crapo Lautenberg Thurmond table Republican amendments, too, if Daschle ments were offered, with 5 minutes Leahy Torricelli DeWine Levin that is what it takes. I will be fair to Voinovich prior to each vote for explanation. Dodd Lieberman both sides; I will table everything. Warner So we will come in at 9:30, have 5 Domenici Lincoln Mr. SCHUMER. If the Senator will Dorgan Lott Wellstone minutes of explanation on the amend- yield, I am not trying to delay, but I Durbin Lugar Wyden ments, equally divided, and the votes will begin at 9:40 a.m. Friday. think we should have a vote. NOT VOTING—3 Mr. HATCH. That is what it looks Mr. DASCHLE. Reserving the right like to me. Inouye Kohl Moynihan to object, and I will not because I think Mr. SCHUMER. I spent a lot of time The motion was rejected. this is a very good proposal, I wish we on this amendment. It is a significant Mr. LOTT. Mr. President, I move to could actually be asking for more than vote. reconsider the vote. this. I appreciate the managers’ efforts Mr. HATCH. Then give me a vote on Mr. HATCH. I move to lay that mo- to get us to this point. As I have noted my amendment. Go to my amendment. tion on the table. to the majority leader, we started with I will give you all the time on your The motion to lay on the table was 89 amendments and we went down from side. We have debated it. We won’t even agreed to. there to about 40 amendments. I thank make a point on our side. We will give The PRESIDING OFFICER (Mr. Senators REID and DORGAN on our side. you the time and vote on mine, bring HUTCHINSON). The question is on agree- We are now down to around 20 amend- yours up and vote on yours; or we will ing to the amendment. ments. But those 20 are amendments stack them together to accommodate Mr. LEAHY. Mr. President, the ques- where the authors have waited pa- Senators here, some of whom are tion is on which amendment? Is it the tiently for the opportunity to present Democrats. Hatch-Craig amendment? them and have a debate. I hope they Mr. SCHUMER. The Senator made a The PRESIDING OFFICER. Yes. will do it tonight and tomorrow, and I proposal to me on my amendment. I Mr. LEAHY. Have the yeas and nays hope we can do it on Monday. I believe think it involves discussion with some been ordered? we ought to use those days to have the of my colleagues. If the Senator would The PRESIDING OFFICER. The yeas remaining debate about these amend- yield on the whole package—— and nays have not been ordered. ments. They are good amendments and The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, if I could they ought to be voted on. Senators ator from Utah has the floor. say this so Members will understand have waited patiently. Mr. HATCH. I yield the floor. how we are going to proceed and how We also have a right to expect Sen- Mr. MCCAIN. Mr. President, I move we are going to deal with this issue and ators to come forward and present to table the pending amendment, and I others, I regret that we have had that their amendments in good faith and ask for the yeas and nays. much time on this vote. We had been have debate. We are going to be here

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5241 tomorrow, I assume, and I hope we will bers considerably. The Senator from about 3 hours of debate ahead of us continue to conduct ourselves the way Utah and I will be here this evening to right now. We will go from there. we have all week. This has been a good try to get it down more. It is a difficult I ask unanimous consent that Sen- debate. We have had about the same bill. The last crime bill took 11 days. ator MCCONNELL be the next one to lay number of amendments on both sides, We have a number of things on which his amendment down, following the de- Republican and Democrat. We have had we are unified, and we have some bate on these two, and then—could I good votes. Nobody has been playing things that are going to require votes have the minority leader’s attention, political games here. We offer the because they do divide us. But with and also Senator LEAHY? amendments and have the debate in good faith it can be done and should be I ask unanimous consent that we go good faith. I hope we can continue to done. with the McConnell amendment right do that. I have no objection to the I support the unanimous consent re- after we debate the two that we have unanimous consent request. quest. the unanimous consent agreement on. Mr. REID. Mr. President, reserving Several Senators addressed the Mr. LEAHY. I want to make sure I the right to object, I say to the two Chair. understand. What is the Senator from leaders that Senator DORGAN and I The PRESIDING OFFICER. The Sen- Utah requesting? have worked very hard. As a sugges- ator from Minnesota. Mr. HATCH. We have a unanimous tion, I think we are to a point on this Mr. WELLSTONE. Mr. President, I consent to proceed to the debate on side where we can lock in the full wasn’t going to say anything—reserv- these two amendments tonight. As breadth of all the amendments in num- ing the right to object, and I will not, soon as that is completed, I suggest but listening to this discussion, can I bers and probably, with rare exception, Senator MCCONNELL be able to lay as to time. So that is something the reinforce—I as one Senator don’t want down his amendment, and we debate two leaders should look at tomorrow to delay tonight and going into tomor- that tonight and schedule that for a row, but can I reinforce the remarks of morning. vote tomorrow. Mr. LOTT. Mr. President, if I could Senator DASCHLE? Mr. LEAHY. For how long? Some of us have amendments that respond, I encourage Senator REID to Mr. HATCH. I think we can do that are on point on this piece of legisla- continue that effort, and I ask Sen- in a half hour or less; I ask unanimous tion. We have patiently waited for days ators HATCH and NICKLES, who will consent. and were glad to do so. We don’t intend work with him on that, to continue. I Mr. LEAHY. Why don’t we start this to trivialize our amendments. We don’t urge the managers, Senator LEAHY and debate, and we can interrupt the de- intend to trivialize the debate. We Senator HATCH, during the debate to- bate to make that request. Let me see night, to sit down and see if we can’t think these are important issues. That is why we are in the Senate, and we in- what the amendment is. squeeze this down. Some of you are Mr. HATCH. All right. Let’s just pro- tend to go forward. thinking that if we just stay with it I will tell you something else. It ceed. and keep working tonight, we might probably will be hard in the future to The PRESIDING OFFICER. The ma- actually see this thing concluded at 11, get cooperation from Senators who jority leader. 12, 1, or 2. We have been thinking in wait, and all of a sudden we find the de- Mr. LOTT. Mr. President, I would those terms, but we have not been able bate relegated to midnight and on like to urge the two managers, if you to get an agreement beyond what we weekends with most Senators gone. would tonight, to work to get a McCon- have right here. It is going to take, ap- That doesn’t seem really acceptable to nell and a Kohl—or what other amend- parently, 3 hours of debate to get me. ments are in order—get those two through these two amendments, which We will see what we agree to tomor- locked in, and a vote, and do it tonight. will put us to 10:15 or 10:30. At that row. But I want to express my reserva- The Members would like to know what point, it would be physically impos- tions about the direction of this. There the timeframe is going to be tomorrow sible to complete this action. is a whole lot of substantive debate morning. If you could get that locked So I hope we can complete it tonight, that needs to take place, that hasn’t in tonight during the process of the de- but I think there is no choice other taken place, and will take place. bate, that will help facilitate moving than to be in session on Friday and The PRESIDING OFFICER. Is there forward. have votes, which we have told the objection? Having said that, then, we have had Members we would do up until at least The Senator from Utah. the last vote of the night. The next noon on Friday. In this case, it could Mr. HATCH. Mr. President, one rea- votes will be the two votes stacked in actually go beyond noon. The good son I wanted the Hatch-Craig amend- the morning at 9:40. news is, as we announced some time ment voted on this evening is because The PRESIDING OFFICER. Who ago, there will not be recorded votes all day long the President has been yields time? next Monday or Friday because of con- bad-mouthing the Republicans and the Several Senators addressed the flicts which we identified to the Mem- Attorney General has been bad-mouth- Chair. bers 2 months ago. But that also makes ing the Republicans, and I think taking The PRESIDING OFFICER. The time it difficult for us to do the other things unfair political advantage because of is under the control of the Senator we have to do next week, including the some of the votes we had yesterday. from Utah and the Senator from supplemental appropriations, Y2K li- One of the things they are bad-mouth- Vermont. ability, and bankruptcy reform. We ing the Republicans on is because we Who yields time? must conclude this bill either tomor- have closed that loophole with regard Several Senators addressed the row or Saturday or sometime before we to gun shows. Today, the Hatch-Craig Chair. have to go to these other bills. amendment does it. Then we find our- Mr. KENNEDY. Will the Senator Mr. LEAHY. Mr. President, reserving selves unable to vote on it. from Utah yield? Are we under con- the right to object, and I shall not ob- I am happy we are going to vote in trolled time? ject, as the leader knows, this is a reso- the morning, but I suggest we move on The PRESIDING OFFICER. We are lution which I and others had sug- ahead this evening. We have the unani- under 2 hours of debate. gested earlier this evening. The leaders mous consent agreement locked in. I Mr. KENNEDY. On which amend- know that the Senator from Utah and suggest we line up some more votes for ment? I have talked probably a dozen times tomorrow right after we finish those The PRESIDING OFFICER. Amend- every hour on this, trying to get it two votes. ment No. 344. through. I have worked with the lead- If Senator WELLSTONE has an amend- Mr. KENNEDY. That is fine. I had in- ership staff and the whip on this side, ment he would like to bring up tonight, dicated to the floor manager that after our leader, and others, as Senator let’s do it, and we will see what we can the disposition or the general debate, I HATCH has with those on the Repub- do. We will try to alternate between would wish to address the Senate on lican side, trying to get these numbers the two sides. the underlying bill. I am glad to yield down. I tell my friend from Mississippi If you are serious about your amend- an hour, or do it tomorrow afternoon. I that we have knocked down the num- ments, let’s go at it tonight. We have am glad to do whatever.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5242 CONGRESSIONAL RECORD — SENATE May 13, 1999 Mr. HATCH. How much time does the buyers anonymous. That is what we are ing, in this house of the people, the Senator desire? talking about—gun buyers anonymous. U.S. Senate, to say: Listen, one thing Mr. KENNEDY. I would say 15 min- That is a pretty horrible specter to you have to do is you have to protect utes. If other Senators have amend- contemplate—gun buyers anonymous. citizens’ rights to buy guns. Why do we ments and want to debate them, I will Mr. President, I want to make sure need more bureaucratic interference wait until they conclude that. If I can everyone understands what is hap- with that process? just have the assurance that I do it at pening here. I don’t understand, says one. Another the end of the debate on amendments Yesterday, we had a vote that was de- says: Why should you have to wait a tomorrow, that is fine with me. feated on an amendment that I wrote, couple of days to get a gun? If you Mr. HATCH. That is fine with me. a vote of 51–47. The 47 votes included want to buy a gun, you ought to be Mr. KENNEDY. I thank the Senator. all but two Democrats and did include able to buy it like a postage stamp—go Mr. LEAHY. Mr. President, I yield six Republicans. to the store and buy it and get out of the time under my control to the Sen- The fact of the matter is, when all here. ator from New Jersey. was said and done, not enough was Frankly, I think that is the wrong The PRESIDING OFFICER. The Sen- done because we lost the opportunity way to go. I am smart enough to know ator from New Jersey. to close a loophole that applies espe- we are not about to propose legislation Mr. LAUTENBERG. I thank the Sen- cially to gun shows. to take away everybody’s gun. There is ator from Vermont. Let me take a moment to describe a serious debate about how guns should Mr. President, just to put some order what a gun show is for those who don’t be managed. I think it is an earnest de- to the debate, to confirm that there is know. It is fairly popular across this bate that ought to be carried on here. an hour available on each side, I ask country. The President, in an address But to simply dismiss it because they what happens in the event of a quorum he made a couple of weeks ago, talked say it is a bureaucratic intrusion, it is call in the debate? about how as a child he would go to yet another law? I remind everybody The PRESIDING OFFICER. A gun shows. It was a family event. Peo- that America, this country of ours, is a quorum call is charged to the side that ple would go to see what was being of- nation of laws. That is what makes suggests the quorum call. If no one fered. They were curious. this society as great as it is. When you speaks, the time is charged. I want to remove any suggestion, in- have laws, you have to have law enforc- Mr. LAUTENBERG. Thank you, Mr. nuendo, or insinuation that says that ers, whether it is police, whether it is President. gun shows are the gathering place for drug agents, whether it is the FBI, Mr. President, if we could have order, the degenerates, the thugs, the crimi- whether it is the Army; we enforce our we can get this debate started. nals. That is not suggested at all. laws. To deny that is something that The PRESIDING OFFICER. The Sen- There are over 4,000 gun shows a year ought to be done because we want to ator is correct. The Senate will be in across this country. That is pretty sig- protect the anonymous buyer who order. nificant. That is 80 a week, on average. walks up and says, ‘‘Give me a couple Mr. LAUTENBERG. Mr. President, I There are lots of legitimate hunters, of guns, here is the money’’ and not heard the distinguished Senator from sports persons, et cetera, who go to think about protecting the well-being Utah say that the loopholes have been these shows. of the children is not to look at Little- closed in what was initially the Lau- There is, however, an enormous loop- ton, CO. tenberg amendment request to close hole that should scare the life out of By the way, that is not a phe- the loopholes and now the redesign of everybody in this country. That is the nomenon that just existed there the Craig-Hatch response. It says that anonymous buyer, the buyer who can —Pearl, MS; West Paducah, KY; Or- they closed the loopholes, that they go in, step up to an exhibitor’s table egon; Illinois. It has been throughout have taken care of the problem. and say: I want to buy some guns. our society. School violence—we all I submit the problems are not taken The person on the other side of the tremble at the thought that our chil- care of. Maybe it is viewed by those table says: How many? dren are in a classroom where other who would like to just get this out of Give me 25. What do you have? Some kids have a gun, where other students the way that the problems have been nice sporting models, small ones with a are bent on violence, where they may dealt with. comfortable pistol grip, those that we be deranged, on drugs, psychotic. We What were the problems initially? can trigger off a lot of shells? Because all worry about that. I saw one of the Mr. President, the problem was simply I like to do some target shooting. parents from Columbine High School around whether or not there were loop- The seller doesn’t have to say: Who who said: This gun-toting society of holes through which lots of determina- are you? All he has to say is: These 25 ours is out of control. The worst thing tions would be made as to who is the guns will cost you $2,500. The man says: is the accessibility of guns. purchaser of a gun. OK, here are 25 fresh, hundred dollar We get into a perennial argument The Senator from Idaho has said his bills, take these. here about whether or not it is the gun revised amendment is going to close They shake hands. The guy gathers or the person who does the killing. It is the gun show loophole. But it won’t. up his 25 guns and off he goes, we know not just criminals, unfortunately, who And I think what we are seeing this not where. We don’t know who he is; we do the killing—until sometimes they evening is a response to what happened don’t know what town he comes from; become criminals for the first time—an yesterday after the public had the we don’t know whether he just got out enraged husband; a mentally deranged chance to see the result of the vote of a mental institution or, worse, a person, young, old, who suddenly, in a count. It was 51 to 47 against closing prison. We do not know anything about fitful moment, takes out a gun and the loopholes that derive from gun this man. Why in the world would commits his or her first crime with the shows. We had a strong debate. There there be resistance to closing that murder of another person. were six Republicans who joined in loophole? I do not understand it, I So what are we talking about? with all but two Democrats to say must tell you. Frankly, I think at times we are talk- close the loopholes. We don’t want peo- I come from New Jersey. Maybe we ing gibberish, because the American ple to be able to buy guns. We don’t do have different cultural views about public will not understand it. In a re- want people to be able to be induced by how life functions. We do not have cent poll, 87 percent said it is necessary a so-called dealer at a gun show. much room for hunting and we do not to close the loophole of anonymous Over 4,000 gun shows a year are held, have as many hunters as in our great buying at gun shows. That is what we by the way. We don’t want a dealer wide open Western States. But all of are talking about. We failed to agree to selling guns, someone selling guns who us—whether from the East, West, that yesterday. Honestly, it was a very doesn’t ask for your name, doesn’t North, South—respect life. I never saw sorry defeat for us. Not for me person- have to ask for your name, doesn’t a family whose principal interest was ally—the fact that I authored the law. have to ask for your address, doesn’t not the safety of their children, the I authored the law with people’s faces have to talk about anything that iden- education of their children, the caring in mind, with an understanding about tifies this buyer. We are talking about for those children. Yet they are will- how much I love my children, four of

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5243 them, and my six grandchildren. Heav- or even more guns. It would not cover In addition to the pawnshop loophole, en forbid anything ever happens to a gun show that had 10 exhibitors or there is another loophole, and that is, them. fewer. Ten exhibitors could sell 500 now suddenly federally licensed gun I know there is not a parent who can guns, but they would not be covered. dealers who may be in the State of hear me who does not feel the same That is, if you will forgive me, a non- Massachusetts or the State of New Jer- way about his or her children. There is sensical hurdle. A couple of people sey or the State of Illinois—you name no asset more valuable than our chil- could get together and say: You know it—now can only sell firearms at a gun dren—money, jewelry, houses—nothing what, let’s put up one table. I have show in the same State as that speci- means anything when it comes to our some of these to sell, she has some of fied on the dealer’s license. The Craig children. those to sell, he has some of these to amendment will give dealers an out-of- Why do we insist that the buyer, the sell, and we will sell at one table, and State license. It will broaden the geog- anonymous buyer of a gun, has to have that gets rid of two others, and we can raphy of where that license can be used protected his right or her right to be reduce ourselves to 10 tables. Then we to all across the country without any free from this bureaucratic society, do not have to worry about those bu- checking. Without any further discus- this great country that everybody reaucrats who want our names. Who sion, that license now is a lot broader loves? Everybody wants to move to are they? Imagine, those guys want our than what was intended. America, but we call it the great bu- names, while we buy these lethal weap- That is not closing a loophole to me; reaucracy at times, instead of the ons. It is creating another one. It will make great democracy. It is foul language, as Then there is another category. It it harder for law enforcement people to far as I am concerned. says that if firearm exhibitors are not crack down on shady dealers, and we do So we are offered a substitute. It is a more than 20 percent of all exhibitors, have some. substitute produced by two distin- they are exempt as well. So you have Years ago, there were more gun deal- guished Senators, one from Utah and to have more than 20 percent of the ers than there were gas stations in this one from Idaho, who say they are going materials being exhibited—it could be country. Not too many years ago, there to close the loophole. But it does not. sporting materials, could be lifeboats, were over 250,000; now it is slightly It does not require a background check could be all kinds of things, skis, you over 100,000. What we did was change for all gun sales at gun shows. Some li- name it—but if the firearms people do the fee for licensed gun dealers from censees, Federal licensees, on a special not have more than 20 percent, they do $30 for 3 years—$30 for 3 years, $10 a form, do not require a background not have to do anything to get these year and you never were checked or check. The provision for people who are people registered who are buying these asked any questions—to $200 for 3 not licensed would enable them to sell guns. years, and that includes some kind of a guns without, again, going through a It creates other loopholes. Even check and some kind of a test you background check. though prohibited persons are five must pass in order to get that license. There is another loophole. There is a times more likely to pawn their guns While we have reduced the number of category now called ‘‘special licens- at a pawnshop than other citizens, this dealers, the Craig amendment will ees,’’ that the Hatch-Craig amendment proposal from that side, those who say open it up. would create—a new bureaucracy, by they are closing the loopholes, would Everyone knows what the NRA re- the way, strangely enough. They are say that anyone who has a claim tick- sponse is going to be. That is the Na- willing to concede a bureaucracy that et—whether they borrowed the money, tional Rifle Association. Their views would issue these special licenses is they borrowed $200 for the gun—if they were represented amply on the floor of OK. But other bureaucracies are dan- have the claim ticket, even if they do the Senate. They say gun laws do not gerous, dangerous to your individual not show up for 60 days, if they pay the work; otherwise we would not have the rights. They would not have to conduct interest, they say the pawnshop dealer/ kinds of killings that we do. background checks. He did not change owner has to just give them their gun I do not think it is the gun law. I his original position, which makes without any questions—no questions think it is the accessibility of guns. background checks voluntary for spe- asked. But I do point out that the number of This bird may have been in jail for 60 cial licensees. So, if you want to sell a murders by guns have reduced some- days, but they are not allowed to ask: gun and you are a special licensee, you what, not significantly enough, but Where have you been for the last 60 or can do it if you feel like it. But you do they have been reduced. This country 90 days? not do it unless you feel like it. You do Oh, no, that is a bureaucratic imposi- of ours, this wonderful democracy in not have to go through that nonsense— tion; we do not want that. Another which we live, sees 35,000 people a year background check. It could take 10 loophole. I do not, frankly, understand die from handguns—35,000; 13,000 of minutes for a background check. Who that. them are murdered. Thirteen kids die wants to waste 10 minutes when you Why are we protecting those who every day from handguns, 4,000 a year. have a hot deal and you have other might be criminals who want to re- In 20 years, over 75,000 children will people there? deem their guns when the ordinary cit- have died from gunshots. We have What happens at the gun shows, as I izen who goes to buy a gun from a le- 18,000 suicides. We have 3,000 accidents understand it—and I have never been, gitimate licensed dealer has to identify from guns—guns, guns, guns, guns, but this is as I hear it—is that there himself and undergo a background guns, and people are dying from them. are often discounts by these unlicensed check? Yet, I hear this cry through this dealers who have acquired their guns— There have been so many suggestions place: Protect the liberty of the gun who knows how in many cases. They that the people who man this agency, owner. I want to hear them say one could say: We are special collectors. It the Bureau of Alcohol, Tobacco, and time: My God, we are sorry about what has been established some of these col- Firearms, are some kind of ogres, they happened in Littleton, CO. Our hearts lections are from criminals. Special are out to rob you of your independ- bleed for them. When we look at the collector? Hey, we will give you a ence, rob you of your thought. That is families, when we look at the children cheap deal on these guns. Where a le- not true. They are there because we who lost their schoolmates, when we gitimate licensed dealer has a price, it want them there to enforce the law. look at those who were so frightened, is out there, it is public. They do have The right to own a gun is one that is we have to ask: What kind of protec- some expenses in maintaining their li- often debated, but so far I have not tion are they entitled to? I think they cense—not a lot, but the unlicensed seen anything that confirms the fact are entitled to a lot of protection, but dealer: Here, I’ll give you a real dis- that every citizen has a right to bear we continue here with loophole heaven. count. Come here young man. You arms. We are not considering that I thought that Littleton would shock want to buy some nice guns? question now, but the Court has ruled some of our friends into the realization It ought not be that way. These loop- many times since 1939 that in order to that the public is sick and tired of it. holes are still available. have a well-regulated militia, the citi- They do not want it, and I do not un- It would not cover a flea market zenry shall have the right to bear derstand why it is that the NRA insists where there are tables with 100 or 200 arms. That is quite a qualification. that this is an encroachment on their

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5244 CONGRESSIONAL RECORD — SENATE May 13, 1999 freedom just to say: Put your name That was a bitter disappointment. they sell the gun. The presumption is down if you want to buy a gun. If you But even worse was the fact there was on the side of the purchaser. We are want to buy a car, you better put your an amendment offered by the Senator saying to those in law enforcement: name down or you are not going to buy from Idaho, Mr. CRAIG, which he pur- Take a back seat. We want to keep the car. ported to offer as an alternative to these guns moving. This is big busi- Yet, that rage, that sense of grief, Senator LAUTENBERG’s amendment. ness. that sense of anguish has not yet Let me tell you what has happened in Is that really what America wants? I reached this place. Mr. President, 87 the 24 hours since the Senate adopted do not think so. percent of the people in America in a that amendment. People have seen So we have these categories of who poll said they want these loopholes through it. It is transparent. It not can sell guns at gun shows. It is a la- closed. We lost that vote yesterday, only did not deal with the problem of bored attempt by the National Rifle and now they come back with this wolf gun shows and stopping the sale of Association to accomplish nothing— in sheep’s clothing wanting to pretend guns to people who should not own nothing—other than to take away from that the loopholes are closed. But they them, it took a step backwards and law enforcement their authority to do are not. made it easier for those sales to be what American people ask for under I hope we will be able to get some made. the Brady law. control of gun violence in our society. So there has been a mad scramble in In this country what they said under There are a couple of ways we can do the last 48 hours from the other side of the Brady law is, do not sell a gun to it: make parents responsible for what the aisle. Once the public had an oppor- someone who has a history of having their kids do. If you give your child tunity to look at this Craig amend- committed a felony or has a violent who is underage a car and he or she ment, there has been a mad scramble mental illness. The NRA has never goes out and kills somebody, do you to undo what the Craig amendment liked that. They have tried to keep this know who is responsible? It is the par- sought to accomplish. gun show loophole alive. And they do it ent. Why then shouldn’t a parent be re- The NRA, the National Rifle Associa- with this latest Republican amend- sponsible when a child takes a gun and tion, shot the Republican Senate lead- ment. kills his brother or his sister or his ership in the foot yesterday, and they What a sad, sad situation, where friend accidentally? We ought to get have been hopping around all day those with serious mental illness, fugi- ahold of these things. This is an oppor- today trying to figure out how they are tives, stalkers, straw purchasers can tunity to show good faith to the Amer- going to salvage this mess. So they still run to these gun shows, and under ican people, but we failed to take ad- have come up with another amend- this Hatch-Craig amendment they can vantage of that opportunity to close it ment. It is unclear to me what they are find a way to get their hands on the down. This will not take away their thinking about, because they took a guns. Is it a problem? There are 4,000 guns, except those we know do not bad amendment, the Craig amendment, gun shows a year across America. They qualify. and added another bad amendment to are in my home State of Illinois, and We hear complaints about the Brady it. over 200 in the year 1998. bill. The Brady bill stopped over 250,000 In this case, two wrongs will not When they had an investigation into unfit persons from fulfilling their de- make a right. What we have now in these gun shows to find out who they sire to buy a gun—250,000. That is a lot this so-called Hatch-Craig amendment were selling guns to without back- to me. is an abomination. It doesn’t address ground checks, they found out it in- I see my friend and colleague from Il- the gun show problem. Senator LAU- cluded a lot of felons prohibited from linois is on the floor. If he wants to TENBERG did that clearly. acquiring firearms who have been able make some remarks, I will be happy to Let me tell you how bad this bill is, to buy them at gun shows. yield 10 minutes to the Senator. In fact, the Department of Treasury The PRESIDING OFFICER. The Sen- this Hatch-Craig second bill. This is ator from Illinois. Senator CRAIG’s Thursday bill. and the Department of Justice found Mr. DURBIN. Mr. President, I thank This bill, sadly, sets up at least two, that felons buying or selling firearms the Senator from New Jersey. maybe three different categories under were involved in more than 46 percent To recount where we are in this ardu- the law for sales at gun shows. In his of the investigations involving gun ous debate over gun control in light of original bill, he had some special li- shows. This is a loophole that is pro- the Littleton tragedy, yesterday my censee category, voluntary category, ducing guns right and left. colleague from the State of New Jer- that you could sell a gun at a gun show We are still trying to trace the guns sey, Mr. LAUTENBERG, offered a very under that category. No background used by those two kids in Littleton, clear amendment that said: If you want check was necessary; it was not nec- CO. At least three, if not all four of to purchase a gun at a gun show, you essary, of course, to send the name and them, came out of gun shows. Is it im- are going to be held to the same stand- address and gun serial number into any portant that we know how they were ards as a person who buys it from a li- group that might check to see if it had bought or sold? Of course it is. You go censed firearms dealer. any criminal history, if that weapon to any police department in America— In other words, we will do a back- might have been used in a crime to kill start with Chicago; pick your home- ground check and make sure that you someone or in a drug deal that went town—and ask them whether tracing a are not a prohibited person under the bad. No. firearm is an important part of a crimi- law, make certain you do not have a Then he came back today, and in this nal investigation. They will tell you it criminal record, a history of violent amendment they have created some is critical. Where did that gun come mental illness or something of that na- more categories of how to sell guns at from? Who sold it to them? ture. gun shows and they are just as difficult Let’s try to establish a chain of pur- It was a very good amendment, and I to follow. chase here and get down to the root commend my colleague from New Jer- One says, licensed gun dealers at gun cause of crime in America. The Na- sey for his leadership. He envisioned shows can sell a gun. I do not have a tional Rifle Association talks about this problem long before many of us did problem with that. That is what we are the second amendment and what they and, frankly, put before us a very seeking here. That is what Senator want to protect. And yet they come in straightforward option. I was happy to LAUTENBERG is seeking here, so that with this amendment which literally support him. the background check is accomplished. takes away the power of law enforce- Unfortunately, it did not receive a Then they had a provision in there ment to try to enforce the laws and re- majority of support in the Senate. The that violates the Brady law we have duce crime. sad reality is that 6 of the 55 Repub- lived under for so many years. Instead That isn’t the end of it. One of the lican Senators voted for it and 41 of the of giving law enforcement 3 days to most insidious aspects of this amend- 45 Democratic Senators voted for it—2 check on the background of a would-be ment was put in that would exempt were absent—and it was not enough, so purchaser at a gun show, they give pawnshops from doing a background the Lautenberg amendment went down them 24 hours. And if they don’t get check on a gun that is resold to some- in defeat. the completed inquiry back in 24 hours, one who pawns it.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5245 Picture this: A person needs money, the National Rifle Association said, movement will evaporate [w]hen people picks up a handgun, walks into a pawn- well, you should not be sued for that, from rural Pennsylvania and rural West Vir- shop, hands it to the pawnshop owner, should you? Of course you should be ginia and rural Colorado and Idaho start calling their congressmen and saying, hey, and says: How much are you going to liable and accountable for that, as we man, we can live with this, this is no big give me? $20. He takes the ticket and all are for our actions. deal, you know?. . .We would gladly put up the $20 and leaves. They build immunity into this law with a little extra hassle, a little wait, a lit- That pawnshop owner may, but is not from civil prosecution, immunity in tle this, a little that, because we want to required to, report to law enforcement the law. Who is immune from prosecu- save several thousand kids a year. where that gun came from, the source tion in America? Foreign diplomats That was the President’s quote. Now, of it, as well as the serial number. If and some health insurance companies. where do you begin to list what is they do not, under the current law, That is it. And now the National Rifle wrong with those comments? Well, when the person walks back in and Association says, and, of course, the let’s start with the concept that all says: Here is the $20 and the ticket; I people who sell guns at gun shows, gun owners live in rural parts of the want my gun back, they are required make them immune from liability, too. country or that the second amendment to say: First, we have to check and That is so far over the line it is hard to protects the right of hunting and sport make sure you are qualified under explain, let alone defend. shooting. Excuse me. I misspoke. The Brady. If you have a criminal history I salute my friend from New Jersey President limited it to responsible of mental illness, we will not sell it for his leadership on this issue. I hope hunting and shooting. I am not sure back to you. my colleagues in the Senate will not be what that means, but it probably in- The National Rifle Association, in misled by this new Hatch-Craig amend- volves new Federal regulations. What this amendment, takes out that re- ment. If this is an effort to undo the is more clear is the President’s sugges- quirement. So the pawnbroker turns damage done to those who voted for tion that those who take their indi- around and hands that gun back to the Mr. CRAIG’s original amendment, they vidual civil liberties seriously are igno- street. did not accomplish it. This second rant rubes who need reeducating in Is it important in a pawnshop? Con- amendment compounds the problem. It their responsibility to what he calls sider this: It is five times more likely makes it that much worse. ‘‘the larger community.’’ that criminals are going into pawn- Let’s get back to the basics. Let’s All of this would have been merely shops with guns than those who have support Senator LAUTENBERG’s amend- insulting to the tens of millions of not committed crimes—five times ment—a straightforward amendment, Americans who own and use firearms more likely. And the National Rifle As- supported by law enforcement and fam- for legitimate reasons, but then he gets sociation, which insists they want to ilies across America who are sick of to the truly unforgivable part. What is truly unforgivable is that he insinu- keep guns out of the hands of crimi- school violence, sick of gun violence, ated that law-abiding Americans are nals, puts this provision in the law, and expect this Senate to meet its con- somehow responsible for what hap- which many on that side of the aisle stitutional responsibility to pass laws to accomplish these goals and make pened in Littleton and, worse, that if are now lauding as a great improve- America a safer place to live. they refuse to tolerate encroachment ment. It is not. It is a step backwards. I yield back the remainder of my upon their liberties, they do not care Then there is the question about all time. about the lives of children. the records of these gun purchases. If The PRESIDING OFFICER (Mr. FITZ- It is a sad day in America when a these records are not kept, we are basi- GERALD). Who yields time? President of the United States speaks cally tying the hands of law enforce- The Senator from Idaho. to and implies that thought. That is ment. It is no wonder to me that law Mr. CRAIG. Mr. President, I yield right. The leader of the free world ac- enforcement across this country can- myself such time as I may consume. cused those who uphold the law as not understand the amendment that is A lot of people have had a lot to say being responsible for those who flaunt being offered on the Republican side of since the shooting in Littleton, CO. the law. He accused those who would the aisle. Much of it was sad, but some of it was passionately defend their civil liberties This is a sad situation. We have a na- thoughtful and even inspirational. So as being bad citizens. He accused those tional tragedy on our hands—270 mil- it was particularly unfortunate when a who may have a firearm for the sole lion Americans, 200 million guns, more couple of weeks ago President Clinton purpose of defending themselves and gun crime than any country on Earth. added some comments to the mix that their families, accused these people of We stiffen the penalties right and left. were not just unfair but outrageous not wanting to save children’s lives. We are determined to reduce gun vio- and downright unforgivable. I bring Now, that is what is unbelievable. lence. Yet, when it comes to the most this up this evening because even I can only say shame on him for at- basic thing, to keep guns out of the though his rhetoric and some of the tacking decent, law-abiding citizens, hands of people who do not need them rhetoric here on the floor has changed and shame on any in this Chamber who and should not have them, to keep in the last 2 weeks, his sentiments are would follow his lead. To say that the them out of the hands of kids, we face alive and well and regrettably evident hunters and sport shooters of America amendments such as this. on the floor of the Senate in this de- are responsible for what happened in It is really, in my estimation, unset- bate. Littleton is to say that safe drivers are tling. I cannot understand where a no- I am referring to the President’s responsible for the road-crazed, road- tion like background checks at gun comments on April 27, when he laid the raged killers who drive others off the shows—which enjoys the support of 87 blame for the Columbine High School road. But it is worse than the auto- percent of the American people—has tragedy on our culture. Except the mobile analogy, because unlike an such a tough time passing. Senator President was not talking about the automobile, a gun has the capacity to LAUTENBERG deserved 87 votes at a same cultural crisis that we are talk- save lives as well as take lives. A fire- minimum on his amendment, an honest ing about here today and tonight—the arm is a tool. In the hands of a crimi- straightforward amendment to deal breakdown of families, the powerless- nal, it is used for evil. But in the hands with gun shows. We could not get half ness of communities, the alienation of of a law-abiding citizen, it can save of the Members of the Senate to vote young people, and the violence and bru- lives. And it does save lives—an esti- for it. tality promoted by the entertainment mated 2.1 million times per year, gen- The best thing for us to do is to de- industry. No, what the President chose erally without a shot even being fired. feat the Hatch-Craig amendment. It is to blame was, and I quote from the Of the 65 million Americans who own a step in the wrong direction. We are speech that was later released by the firearms, more than a fair number pur- going backwards instead of forwards. White House and printed on its web chase them not for hunting, not for The NRA, incidentally, put in one page, ‘‘the huge hunting and sport sport shooting purposes, but self-pro- provision which they now put in every- shooting culture of America.’’ tection. thing. If you get involved in one of He proceeded to talk about ‘‘Ameri- They live in parts of the country these purchases, and you sell a gun to cans’ rights to responsible hunting and where they really feel they need pro- somebody who kills another person, sport shooting’’ and said that the: tection, and they have an American

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5246 CONGRESSIONAL RECORD — SENATE May 13, 1999 right of self-defense. They arm them- violated by those 2 young men, and element will be denied access to fire- selves for that purpose in a legal, law- some by other people who got guns for arms. abiding way. While hunters may do it them. Some of those people have been If you vote for the Hatch-Craig for sport or they may do it to put food arrested. Some of those are working, as amendment, that is what you vote for. on their tables still in rural America, they should, and those are the kinds of If you vote for the juvenile crime bill, there are many Americans who own laws I support; law-abiding citizens as amended, you broaden the entire guns to protects themselves. It is in support them, and guns rights defender arena of changing the way we have this area of self-protection that the organizations support them. But we done business in the past in dealing question of encroachment on second haven’t stopped violent crime and we with violent juveniles and crime in amendment rights becomes not just a have only piled all of these problems America. We turn to this administra- political question but one of life and one on top of another. tion and we turn to the Attorney Gen- one of death. Perhaps it is time for a sea change in eral and we say: Enforce the law. Go Unlike President Clinton, the woman our thinking. Instead of forcing law- after the criminal. Make this country in a crime-ridden inner city does not abiding citizens to put up with incon- safe for those who are willing to defend have a personal security force pro- veniences, as our President might sug- their civil liberties and who believe tecting her night and day. Some gest, or outright erosion of their civil strongly in their constitutional rights. choose, and women are choosing in in- liberties, perhaps we should demand I yield the floor. creasing numbers, to obtain a firearm that this administration’s inconven- The PRESIDING OFFICER. Who in a legal way to protect themselves. iences are the armed criminal. By pros- yields time? The obstacles to firearm ownership the ecuting them, by going at them, as the Mr. HATCH. Mr. President, I yield President talks about—‘‘a little wait, a juvenile crime bill does, and as the such time as he needs to the distin- little this, a little that, a little extra Hatch-Craig amendment does, to guished Senator from Alabama. hassle,’’ are to the woman, to the of- strengthen the hands of the law en- The PRESIDING OFFICER. The Sen- tentimes single woman of America who forcement officers to make sure we en- ator from Alabama. chooses to go out and buy a gun for her force at least some of the 40,000 gun Mr. SESSIONS. I thank the Chair self-protection. laws we have—that is what we should and the chairman of the Judiciary Think about it. She is doing it to pre- be doing, and that is what the chair- Committee, who is managing this bill. vent harm to herself and, if she is a man of the Judiciary Committee of the Mr. President, I want to say how single mother in a crime-ridden neigh- Senate is trying to do—to build on and much I have admired his skill, ability, borhood, she may be doing it to protect strengthen the body of law that can be and knowledge in moving this impor- her children. If you are wondering why enforced, and to say to our U.S. attor- tant juvenile crime package forward. It law-abiding gun owners think gun con- neys: Enforce the law. Get out in the makes positive steps in every area that trol is a big deal, that is why. It is not field and put those people behind bars deals with juvenile crime and violence. because they are ignorant, nor have who are breaking the law with the use We were shocked and saddened by the they been duped by the NRA or stam- of a firearm. events in Colorado. It caused us all to peded into making up horror stories. It So as we move through this debate, rethink and rededicate ourselves to is because they understand the pur- let’s not follow the President’s lead. making improvements. We have been pose, the legitimate purpose, the con- Judging by the calls and letters and working for 2 years to try to get this stitutional right and purpose of the visits I am getting in the wake of the bill up for a final vote. Maybe now we legal and appropriate use of firearms. President’s speech, the movement to can have that become a reality. A gun is a great equalizer. It enables secure the second amendment is not I hope we can continue to debate the the feeble, the disabled, the old, the going to evaporate anytime soon. Law- issues and debate the amendments and small to defend themselves against a abiding gun owners in America flatly vote. I just hope we don’t have a group more powerful aggressor. But with the reject the argument that the only way of Members who, for one reason or an- right to keep and bear arms comes a to control crime is through putting other, would rather not see a bill pass. solemn, a very solemn responsibility to more burden on the exercise of their If that is so, I think some people need use those arms safely and within the rights. to be held accountable for that. I am law. Any Senator who takes his or her willing to debate and hear the amend- Those who do should be celebrated constitutional responsibility seriously ments, vote on them, and put my for their exercise of civil liberties in should carefully consider what a vote record on the line and do what we can the great tradition of our country—not for more gun control is going to do. to pass this legislation. Without any make the tragedy one of a cowardly What is it going to do? Prevent crime? doubt, there is a major step forward in cheap shot from the White House and On rare occasions, it might. But it will putting additional regulations on gun the President. be a political pill, so that we can go shows, which has been discussed here Let me say this about hunters and home and say we did the right thing. today. We have several other amend- sports shooters in America, not to Yet, Littleton happened. I suggest that ments and provisions in this bill that mention the collectors and the skilled we have the opportunity to make crack down on the illegal use of guns, crafts people who enjoy the history and changes, and they are here tonight, including substantially increasing pen- artistry of firearms as a hobby: They they are here in the juvenile crime bill. alties for a lot of different gun viola- have already been plundered, in some It is outrageous and unforgivable to tions. instances, by gun laws. Again and suggest that anybody in this body Mr. President, I had the occasion to again in the past, when some effort to needs to vote in favor of more gun con- be a Federal prosecutor for 12 years, a grab headlines was made, lawmakers trol in order to prove that he or she U.S. attorney. I served, before that, as reacted with another restriction, and cares. an assistant U.S. attorney. I also was another and another and another. Yes- Why don’t we make changes in what attorney general of Alabama. What I terday, when the Senator from New our children are doing, in the access have been hearing in the last few weeks Jersey and I were debating an impor- they have to violence on television, in about what we need to do about law en- tant issue, I talked about 40,000 gun the movies, in videos. That is what we forcement and what is wrong in this laws. Many of those were the result of are trying to do in ensuring that those country really frustrates me. The an illegal action and a political reac- who would prey upon others with the President of the United States, after tion. use of a gun in the commission of a this tremendous tragedy in Colorado, I am not saying that all of them are crime be locked up and put behind proposes that we need to do something bad. But 40,000 at the city, county, bars. That is the message I am told about it. As I recall, his basic solutions State, and Federal levels? Do these Americans want to hear. That is the were that we need a juvenile Brady 40,000 gun laws, stacked one upon an- message my citizens in Idaho want to bill, which was already in our juvenile other, make America a safer place? hear. They want to know that those crime bill pending at that time. He said Well, in Littleton, CO, tragically who violate the laws will be arrested we need to step up liability for parents enough, 20 of those 40,000 gun laws were and, most assuredly, that the criminal whose children go out and commit

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5247 crimes, which is a very difficult thing don’t take a backseat to anyone over that. I prosecuted gun dealers for viola- to do if you adhere to the traditional my commitment to prosecute people tion of regulations. So we expect them rules of American and English criminal who use guns. to adhere to the regulations we passed. law: you have to have criminal intent This administration wants to pros- But I will just say with regard to to be guilty of a crime. We have never ecute innocent people with guns, peo- these cases that what we are sug- made people guilty of crimes unless ple who have no criminal motive what- gesting: what we are hearing today, or they had reason to be responsible soever, while they are allowing the se- in the last day or so, is an attempt to criminally for somebody else’s crime. rious cases to erode dramatically. distract attention from the merits of a Maybe we can make progress and the They have more prosecutors today good, sound, tough, compassionate ju- States will make progress, but there is than they had in 1992, and they have a venile justice bill, and derail it on the not a lot you can do there. The Presi- 40-percent reduction. It is just an offen- basis of whether or not we have a suffi- dent proposed a couple of other mat- sive thing to me. cient bureaucracy at a gun show, where ters that dealt with guns, and they are I will also pull these charts, because I will assure you that probably not minor, not a realistic way to deal with I know how to read the U.S. attorney’s more than 1 out of 1,000 guns in Amer- what is happening with crime in Amer- manual. I did it for 12 years. They had ica are bought at gun shows, as if that ica. to have several new laws, and some of is going to save crime. It is not going I want to say that I have, from my them are pretty good. I am supportive to save crime anymore than this law experience, noted a real shortcoming in of them. These are going to fight did, or this law did, or that law did. President Clinton and Attorney Gen- crime, they said. Next year, we will probably come in eral Janet Reno’s Department of Jus- Look at this chart. This is shocking. here and they will have a half dozen tice. Here is one: prosecutions under that law, and they They have not prosecuted the laws ‘‘Possession of firearms on school want to have that kind of thing. effectively. They simply have not done grounds’’—922(q). What we need to do is go back to a so. There are a lot of subparts: 922(c), for serious prosecution, back to the seven, In 1992, before President Clinton took carrying a firearm in the commission or maybe 10,000 prosecutions under the office, President Bush had a program of a crime by a felon carries 5 years gun laws that are already in existence, called Project Triggerlock. It en- without parole, if you are convicted of and focus on them. hanced, increased, and intensified the that. I would just share this story with you prosecution of criminals who use guns This is 922(q): ‘‘Possession of a fire- because I think it is revealing. illegally, felons who possess firearms, arm on school grounds.’’ I have been raising this very issue people who carry firearms in the com- It was reported, I believe, that the with this very chart for over a year— mission of a drug offense, or other First Lady at this press conference, this chart which I have been holding up for the Attorney General, the Chief of criminal activity, people who traffic in when they wailed about gun laws and the Criminal Division, and the Asso- stolen guns, people who have sawed-off gun shows, said there were 6,000 inci- ciate Attorney General of the U.S. De- shotguns and fully automatic weapons. dents last year of firearms on school partment of Justice, and I have been They were prosecuted intensely. grounds. In 1992, there were 7,048 cases of pros- That is what they said. asking why they are not doing their ecutions under those laws that existed In 1997, this Department of Justice— job. They don’t have a very good an- at that time. and every U.S. attorney in America is swer, if you want to read the tran- I direct your attention to this chart. appointed by the President of the script. What has happened? Early this year It is the Executive Office of U.S. Attor- United States—prosecuted five cases. we held a hearing. We set it for Mon- neys’ statistical data, which the De- In 1998, eight. That is nationwide. That day, March 22, just a few months ago. partment of Justice lives by, which is for the whole country. It had been set for some time. We had shows the number of prosecutions that How is that stopping crime and mak- asked the administration to come and have been going on in this country. In ing our communities safer? That is testify, because we were going to ask 1992, there were 7,048. what I am saying. Is that making us them about this failure, this collapse, I know that number, because I had a safer? in Federal efforts on prosecutions. trigger lock prosecution team in my of- ‘‘Unlawful transfer of firearms to ju- We had heard that U.S. attorney fice. I was directed by the President veniles’’—that is a pretty good law— Helen Fahey, down in Richmond, was and the Attorney General to do that. I 922(x)(1). That law passed and closed a doing a triggerlock-type program, and was delighted to comply. little problem there, a loophole. It was being very successful. The chief of po- I sent out a newsletter to share it closed several years ago. lice in Richmond was just delighted. with the chiefs of police. It was dedi- ‘‘Unlawful transfer of firearms to ju- They had a 41-percent reduction in cated solely to laws and information on veniles.’’ In 1997, this Department of murder and a 21-percent reduction in how to be more productive in pros- Justice, which makes guns its priority, violent crime. We wanted to highlight ecuting these criminals who are using only prosecuted five cases; in 1998, six. this. guns and killing people, because I knew Look at this one: ‘‘Possession or So we had a hearing. It made the ad- then and I know today that can save transfer of a semiautomatic weapon’’— ministration nervous. We said: We are lives. that is the assault weapon ban that going to ask you about these numbers. Since this administration has been in was allowed. There have been a lot of We are going to ask you why you quit office, look what has happened with disputes about it, and a lot of debate President Bush’s Project Triggerlock, those numbers. They have gone down about it, because it is really a semi- and why aren’t you replicating and re- now to 3,807, a 40-percent decline in automatic weapon, but it looks bad. So peating what you are doing success- prosecutions. That is a dramatic num- they banned it. fully down in Richmond? ber. In 1997, there were 34 prosecutions; That was going to be on a Monday. It really offends me. I consider it as- and, in 1989, 84. On Saturday, March 20, the President tounding that the President of the I think that begins to make a point. of the United States—I guess the word United States and the Attorney Gen- We don’t need to be dealing in sym- got up to them that they had a little eral of the United States would go bolism or politics. There is a Second problem. around and say, ‘‘Oh, we are the tough- Amendment right to bear arms. It is in So he had a radio address to the Na- est people in America about guns; we my Constitution. I don’t know. Some- tion. He focused it on gun prosecutions. want to do more about guns, and if you body else may read in certain amend- He had the United States attorney Republicans in Congress won’t pass ments they like and certain ones that Helen Fahey in his office, and the chief every law that we can think of to make they don’t. But it is in the Constitu- of police in his office. She was going to some other event criminal.’’ They do tion. And it gives the people the right testify on Monday. And he talked not care about prosecuting criminals. I to keep and bear arms. That is not about the very thing we talked about. have a record of it. going to be given away. I thought: Wasn’t that interesting. In my tenure, we increased dramati- We passed a lot of rules that are con- Maybe we have finally gotten through cally the number of gun prosecutions. I sidered to be reasonable restraints on to somebody.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5248 CONGRESSIONAL RECORD — SENATE May 13, 1999 This is what he said: have died because those cases weren’t In order for mandatory minimum Today I am directing Treasury Secretary prosecuted, those criminals using guns sentences to provide such a deterrent, Robert Rubin and Attorney General Janet were not prosecuted. They have gone they need to be long enough to make Reno to use every available tool to increase on and killed other people. It is a the offenders think about committing the prosecution of gun criminals and shut shame and a tragedy. these crimes. They need to think twice down illegal gun markets. I am asking them I believe what we have to do first and about what they are going to do. Those to work closely with local, State, and Fed- foremost is to create a climate and a sentences also need to be long enough eral law enforcement officials, and to report mentality in this Department of Jus- back to me with a plan to reduce gun vio- to protect our law-abiding citizens lence by applying proven local strategies to tice that they are going to use the laws from these criminals for a long time, fight gun crime nationwide. My balanced they have been given and not to excuse by putting the criminals away for sub- budget—— themselves by discussing some new law stantial period of time. He always says that—‘‘my balanced that they have little or no intent on Current Federal law provides manda- budget.’’ prosecuting effectively. tory minimum sentences for possessing What that has to do with this, I don’t That is the true fact of the matter. or using a firearm in the commission of know. We are talking about thousands of a Federal crime of violence or drug My balanced budget will help to hire more cases. trafficking. The current minimum sen- Federal prosecutors and ATF agents so we My view is if it is a good law and it tence for possessing a firearm during can crack down on even more gun criminals is not unconstitutional and it is not such a crime is 5 years. This is a seri- and illegal gun trafficking all across Amer- too burdensome and we can figure a ous penalty for simply having a gun, ica. way to make it work, I am all sup- not even showing it or firing it; just That was his radio address. portive of it. I voted for and support having it on your person. My amend- On Monday, U.S. Attorney Helen several. ment doesn’t increase this penalty. We The real problem is cracking down on Fahey testified that think it is sufficient as it is, particu- the criminals who are using guns. The Project Exile [what they called the project larly because there is truth in sen- laws already on the books are the ones in Richmond] is essentially triggerlock with tencing in the Federal system. steroids. that are going to be used 99 percent of We do, however, seek in this amend- the time when those cases are pros- They basically took the Project ment to change the current minimums ecuted. If used effectively, we can re- Triggerlock activities and enhanced it. for using a firearm during such crimes. move dangerous criminals from our Plus community involvement and adver- The current minimum sentence for streets, reduce violent crime and mur- tising . . . Project Exile is simple and brandishing a firearm in a violent Fed- der, and save the lives of innocent peo- straightforward in its execution and requires eral crime or drug trafficking crime is relatively limited prosecution and law en- ple. 7 years. In this amendment we raise forcement resources. The program’s focus I thank Chairman HATCH for all the and message is clear, concise and easily un- work he has done, the leadership he has that penalty to 10 years. We would derstood, and most importantly, unequivo- given, and the patience he as dem- raise the penalty for discharging a fire- cal. The message: An illegal gun gets you 5 onstrated in moving this legislation arm and thereby endangering life and years in Federal prison. forward. limb from a 10 year minimum to 12 That was President Clinton’s U.S. at- Mr. HATCH. Mr. President, how years. The law does not presently pro- torney in the Eastern District of Vir- much time remains on both sides? vide any mandatory minimum for ginia. The PRESIDING OFFICER. The Sen- wounding, injuring or maiming with a On May 5 we had oversight hearings ator has 19 minutes 44 seconds and the firearm. We create a minimum 15-year with the Department of Justice in the minority has 221⁄2 minutes. penalty for those who actually cause Judiciary Committee. I asked Attorney Mr. HATCH. I yield 8 minutes to the physical harm with a firearm. General Reno if she had gotten this di- distinguished Senator from Missouri. Finally, the law currently provides a rective, and what she was doing about Mr. ASHCROFT. Mr. President, I maximum penalty of 10 years imprison- it. She indicated: thank the chairman of the Senate Ju- ment for knowingly transferring a fire- The prosecution by Federal Government of diciary Committee, the Senator from arm, knowing that it will be used in small gun cases that can be better handled Utah. the commission of a crime. We would by the State court . . . doesn’t make such I rise to address a number of provi- impose a mandatory minimum sen- good sense. sions in the Hatch-Craig amendment tence of 5 years for knowingly facili- I cross-examined her a good bit about that I am particularly concerned with, tating gun violence by transferring a that because it was stunning to me. I provisions that I have sought to move firearm to someone whom you knew said: Did you get a directive from the forward over the last several months was going to commit a crime. President? Did he send it to you in and in the last several years, provi- These penalties are serious, but the writing or did he call you on the phone sions that set or increase mandatory problem is serious. These penalties will or were you supposed to listen to the minimum sentences for gun crimes and help create a real set of incentives to radio? How did you get this message? drug crimes which endanger juveniles. tell criminals they better leave their Are you going to do it? First, we need to address federal fire- guns at home. She steadfastly refused to make a arms offenses and impose substantial Let me also address mandatory min- commitment to replicate and repro- penalties on violent firearms offenses. imum sentences for federal drug duce the Project Exile in Richmond, Those who misuse firearms to commit crimes. The current penalties for VA, and to use that around the coun- crimes impose a tremendous cost on adults who target vulnerable juveniles try—even though her own people are American society and on our culture. by distributing drugs to minors or by telling her of the 41-percent reduction They destroy lives, they destroy fami- selling drugs in or near schools are the in the murder rate and a 20-percent relies, they destroy businesses, they de- same—both of these crimes currently duction overall of violent crime. stroy neighborhoods. We need to have a carry a 1-year mandatory minimum for This bill provides money for that. We Federal policy with a zero tolerance for both the initial and subsequent of- have a proposal to increase substan- those who are misusing firearms to fenses. This amendment raises the tially, perhaps as much as $10 million perpetrate violent crimes or to traffic mandatory minimum term for each of or $50 million to the Justice Depart- in drugs—the kind of criminal activi- these crimes from 1 year to 3 years for ment to replicate this project. We are ties that are destroying the very fabric the initial violation, and 5 years for going to insist on it. We believe it will of our culture. subsequent offenses. save lives. An essential part of this zero toler- This amendment is similar to two The chart shows from 7,000 to 3,000 ance policy are mandatory minimum other provisions in the core bill we are prosecutions, a 40-percent reduction. sentences that creates a serious deter- debating, S. 254. One provision already There are those who talk about caring rent for those who commit Federal vio- included in S. 254 increases the manda- about innocent victims of crime and lent and drug crimes, including tory minimum penalties for adults who doing something about crime. There carjacking and violent crimes on use minors to commit crimes. Adults are innocent people in America who school grounds. should not be able to use minors to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5249 commit their crimes for them in order Mr. LAUTENBERG. Mr. President, I ple, these federally licensed special li- to escape penalty. Another provision in yield 10 minutes to my colleague from censees had to stay within their State, S. 254 increases the penalties on adults New York. I would concede to the Senator from who use juveniles to commit crimes of Mr. SCHUMER. Mr. President, I Utah that maybe it is nonexistent—but violence. Penalties are doubled for thank the Senator from New Jersey for not a step backwards. But they can. So first-time offenders and trebled for re- the time and for his leadership. I un- now for the first time we have people peat offenders. derstand there is movement on the who can sell out of State who are not Together, these provisions send a other side to try to deal with the gun federally licensed dealers and who do clear message to adults who would prey show loophole. I appreciate that. But I not have any reporting requirements. on our children, attempting to ensnare say to all my colleagues, if we pass the There is sort of a split, almost a them in the dangerous life of commit- amendment sponsored by the Senators schizophrenia in the logic of the other ting crimes, and often in the violent from Utah and Idaho, we will not close side, which is we must enforce. We do world of illegal drugs. that loophole and we will be back here not need new laws to enforce. But we Last year, I introduced all of these hearing about more tragedies from take away every single tool of enforce- provisions in a package designed to guns emanating from gun shows. There ment. target adults who use and exploit juve- are six reasons for that which we Mrs. BOXER. Will the Senator yield niles to commit crimes. It is time for should talk about. on this point? us to send an unmistakably clear mes- First and most egregious, the amend- Mr. SCHUMER. I am happy to yield sage that we will not, as a culture, tol- ment creates and deals with someone to the Senator from California. erate those who use juveniles, who lead called a ‘‘special licensee,’’ a person Mrs. BOXER. I wanted to ask a ques- them or point them in the direction of who would be licensed to sell in volume tion about the pawnshop loophole. Be- lives of crime in an effort to avoid pen- at gun shows who would not require fore I do, I want to thank my friend alties for their own criminal action. background checks. This is overturning from New York because he does some- The system already lets young people 31 years of having federally licensed thing around here that is very impor- off with a slap on the wrist and a clean firearms dealers with a new system tant. He reads every word of the bill. slate when they turn 18. Why should that is as weak as a wet noodle. The li- Mr. SCHUMER. Thank you. any adult risk serious jail time by censees will not have to—— Mrs. BOXER. And he finds out some committing the crimes themselves? In- Mr. HATCH. Will the Senator yield of the fine print. We had a situation on stead, have a juvenile commit it for on that? My gosh, they do not have any the floor with the Senator from Idaho. them. I think it is time to make it controls at all on gun shows. This puts I was on the floor at the time. The Sen- clear that we will deal harshly with controls on it. It actually does what ator from New York said to the Sen- adults who use juveniles in the com- those on your side of the floor wanted ator from Idaho: With great respect, I mission of crimes. to do yesterday, and our side of the think you have a problem in your bill— and he pointed it out. The Senator Sadly, our current treatment of juve- floor did not do. Now we are correcting from Idaho at that point argued vocif- niles gives adults an incentive to ex- that. But right now there is no limit at erously with the Senator from New ploit children in this way. We need to all. We put limits on. We do exactly York, who held his ground and happily make sure it cannot be done. If a store what the President was bad-mouthing everyone reached agreement that in sold candy for $5 to adults, but $1 to Republicans for not doing today. fact what the Senator from New York children, there would be a lot of adults Mr. SCHUMER. Reclaiming my said was true. sending kids in to buy candy for them. time—— But what interests me is one of the The same is sadly true with the crimi- Mr. HATCH. I will be glad to give you loopholes that is not closed. That is nal justice system. Lenient treatment some of ours for this, but, look, that this pawnshop loophole. I want to ask of juveniles has too frequently caused just is not quite accurate. Mr. SCHUMER. The point I make is my friend from New York a question. adults to think they can get juveniles this. We have always had the only peo- Am I right in understanding that under to perpetrate the crimes for them. We ple who can legitimately sell guns in current law, if someone goes back to must make it clear that no adult can quantity are federally licensed dealers. retrieve a gun in a pawnshop, they escape crime by having a juvenile com- We are now creating an exception. must undergo an instant check? mit a crime on his or her behalf. It is I ask my colleague, the Senator from Let’s say somebody puts his gun in no wonder that in my home State of Utah, why we exempt these people the pawnshop and then goes out and Missouri, a 20-year-old in Poplar Bluff from any reporting requirements? commits a crime with another weapon had her 16-year-old accomplice take When you talk to our law enforcement and they come back to retrieve their the lead in a recent armed robbery. people in either the Justice Depart- gun. It is my understanding there is no Why should she risk serious adult time ment or in the Treasury Department, instant check on that person. It is fur- in prison when she could have a juve- they say if one of these new licensees— ther my understanding that people who nile do the crime for her? We cannot because they have no reporting re- retrieve their guns from pawnshops are continue to encourage this intolerable quirements whatsoever—were to sim- five times as likely to be criminals as behavior. Those who would corrupt our ply pass guns out, we would have no those who would go to an ordinary children deserve our stiffest sanctions. way to check. dealer; is that correct? We need these enhanced penalties on My friend from Utah and many from Mr. SCHUMER. The Senator from adults who use juveniles to commit the other side have talked about the California is exactly correct. What we federal violent offenses and drug need to enforce existing laws. This cre- are doing now is making it easier be- crimes. ates such a huge loophole we would cause we take one of the barriers away The provisions in S. 254 and those in never be able to enforce any existing for criminals to get their guns back at this amendment correct the perverse laws. pawnshops. Why, for the love of God, incentives in the current system by se- Mr. HATCH. If the Senator will yield, are we making it easier for felons to verely punishing adults who endanger actually now in intrastate sales they get guns? It is an amazing thing. If the our children and attempt to ensnare do not have to do anything. There is no American people were all listening to them in the world of drugs and crime. gun check at all. There is no instant this debate, they would be utterly Mr. President, I ask how much time check at all; there is no requisite amazed. Let me yield to the Senator is remaining? check at all. What we do is solve that from California. The PRESIDING OFFICER. The Sen- problem and we do it better than what Mrs. BOXER. I say to my friend, ator has 40 seconds remaining. the Democrat amendment was yester- whom I respect so much and I thank so Mr. ASHCROFT. I thank the Chair. I day. And when we do it—I just want to much for his leadership on this, I think yield the remainder of my time to the correct the record. what we have created with the Craig chairman. Mr. SCHUMER. Right now, for inter- bill yesterday is essentially a safe de- The PRESIDING OFFICER. The Sen- state, these people could go interstate. posit box for criminals to put their ator from New Jersey. That is the basic problem. If these peo- guns in—a pawnshop—and never have

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5250 CONGRESSIONAL RECORD — SENATE May 13, 1999 to answer to any instant check or any- The Senator from Idaho talked about after getting a background check body looking at them when they come where the American people are. I will through the instant check system. back to get their gun. tell you—I agree with you—they are ‘‘Shall’’ means ‘‘shall.’’ It does not Would that not be an accurate de- for tough punishment, no question mean ‘‘maybe,’’ ‘‘sometimes,’’ or ‘‘if scription of what the Craig amendment about it. They are also for tougher gun you want to’’; it means ‘‘shall.’’ did yesterday, and it is not fixed in this laws. In a recent CNN survey, 4 percent The distinguished Senator from New amendment; am I correct in that? said they did not think the gun laws Jersey says we are a nation of laws. Mr. SCHUMER. I say the Senator is ought to be toughened. In another sur- Mr. SCHUMER. Will the Senator exactly correct. If I were a clever vey—I forget who did it—87 percent from Utah yield for a brief moment? criminal, I would use a pawnshop after said close the gun show loophole. They Mr. HATCH. I will on your time be- this law passes. did not say come up with a mechanism cause I only have a limited amount of Mrs. BOXER. It is very ironic, I say by which other people can sell quan- time and I want to get through these to my friend; we are doing a juvenile tities of guns and never report to whom points. justice bill, and we are creating a tre- they sold those guns at a gun show. Mr. SCHUMER. I think we are out of mendous injustice here because crimi- That is what this amendment does. time. nals will have a safe place to leave Let’s make no mistake about it. Is Mr. HATCH. Let me see if I have their guns and never have to undergo this a diluted version of the Lauten- enough time at the end. an instant check again when they pick berg amendment? It is worse, because Mr. SCHUMER. I yielded a little to their guns up from the pawnshop. it gives the impression we are tight- the Senator before. I thank my friend for yielding. ening the loophole. Mr. HATCH. I will be happy to at the Mr. SCHUMER. I thank the Senator. The PRESIDING OFFICER. The time end if we have some time, but we are I say to my good friend from Utah, yielded to the Senator has expired. short on time. who I know is very sincere in this, if Mr. SCHUMER. I ask the Senator if The distinguished Senator from New the sponsors of this legislation were to he will yield me 1 more minute to fin- Jersey says we are a nation of laws. He accept a provision that says let’s have ish my point. says we must close the loophole that the same reporting requirements for Mr. LAUTENBERG. One more allows nonlicensed individuals to buy a the special licensees as we have for the minute, yes. gun at a gun show. Federal dealers, he might be making a Mr. SCHUMER. I thank the Senator The Senator from New Jersey says step in the direction—it would not be from New Jersey. the definition of ‘‘gun show’’ used in as strong as the Lautenberg bill, but it We are trying to give the impression the amendment would exempt gath- would move in that direction. that we are toughening things up, but, erings of fewer than 10 firearms exhibi- I remind him of one other thing. in a sense, not only are we not because tors and, he said, would exempt gath- Right now, the only people who can of these special licensees—and I still erings of firearm exhibitors and other sell guns in large quantities at gun have not heard a single good reason exhibitors where the percentage of fire- shows are federally licensed dealers. why they should not have reporting re- arm exhibitors is less than 20 percent Under this legislation, for the first quirements—but at the same time, we of the show. This is untrue. The time—and that is what I was saying— are creating a new mechanism. And amendment defines a ‘‘gun show’’ as an we would have a new group of people sure as we are sitting here—and I say event at which we have either, A, 20 allowed to sell guns in large quantities this to the American people because percent or more firearms exhibitors at gun shows. These are people who the Senate seems unable to understand out of all the exhibitors at the show or, have not gone under the rigors of the the pleas of the American people—they B, 10 or more firearms exhibitors. The check before becoming a Federal deal- are going to start using special licens- language is ‘‘or,’’ not ‘‘and.’’ er. They are not people who have the ees as opposed to federally licensed Thus, if there are three exhibitors, licensing requirements. It is a loophole dealers all across America. one of which is a firearms exhibitor, so wide you can drive a Mack truck Violence will increase, and we will be this would constitute a ‘‘gun show’’ through it. hearing calls for more tough punish- under the 20 percent rule—one out of Our law enforcement people tell us, ment, which we will need because there three naturally being 33 percent, which again, if we are talking about enforce- will be more criminals and more gun is greater than 20 percent. The event ment, I am sure we want to trace guns deaths. need not satisfy the ‘‘10 or more’’ tests. that criminals have. Everyone on the I urge rejection of the Hatch-Craig It will be a gun show. other side is saying tougher penalties amendment. If you want to do some- If there are 10 firearm exhibitors out for the criminals. I agree with that. thing real, pass the Lautenberg amend- of 100 exhibitors, that will be a gun One of the reasons I believe I befuddled ment. We will have a chance, hope- show under the ‘‘10 or more’’ rule. The some of the folks on the other side is I fully, to revote on it next week, and event need not also satisfy the 20 per- am a tough guy on law and order. I be- then we will see who wants to close the cent. It would be a gun show. lieve in tough punishment and have gun show loophole. It is just that simple. There is no worked for it. But tough punishment I thank my colleagues for their time. question about it. The threshold for and gun laws are not contradictory. The PRESIDING OFFICER. The Sen- what constitutes a gun show is low and The NRA and others always set up ator from Utah. it is certain: 20 percent firearms exhibi- that straw man: Well, we need tough Mr. HATCH. Mr. President, how tors or 10 or more firearms exhibitors. enforcement. much time do the two sides have left? What does that mean? In fact, the Yes, we do. If the two people who The PRESIDING OFFICER. The Sen- definition of ‘‘gun show’’ in the Hatch- brought the guns into Littleton High ator from Utah has 11 minutes 25 sec- Craig amendment is more strict than had lived, I would have wanted the onds. The Senator from New Jersey has Senator LAUTENBERG’s original defini- book thrown at them. But may I say to 10 minutes 37 seconds. tion. He required 50 firearms and 2 or my friends and my fellow Americans, I Mr. HATCH. Mr. President, the more firearms sellers. Thus, if 1 of 3 ex- would have also wanted them never to Hatch-Craig amendment we offered hibitors at a gathering is a firearms have been able to get a gun, because earlier this afternoon requires every dealer and only brings 49 firearms, Sen- punishing after the crime, while impor- nonlicensed individual who desires to ator LAUTENBERG’s amendment would tant and necessary, does not save a sell a firearm at a gun show to have a not classify it as a gun show. The life. background check. They can get a Hatch-Craig amendment would classify To say that we need tough laws and background check through a licensed it as a gun show. tough enforcement is correct. To say Federal firearms dealer or through a The Republican amendment closes that that means we do not need gun special registrant, but he must get a the loophole that the Democratic laws is incorrect. And that is the basic background check. amendment left open. To talk about illogic of the arguments I have heard The language in the amendment loopholes, we know a little bit about made on the other side tonight. Tough clearly states that a nonlicensed seller that. The Hatch-Craig amendment punishment, yes; tough gun laws, yes. ‘‘shall only make’’ a sale at a gun show slams the door shut on the loophole

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5251 and slams it hard. Unfortunately for armed services: 0, 0, 2; for 1996, 1997, is another thing to mean it. It is one my Democratic colleagues, however, 1998. thing to talk about protecting inno- our amendment slams this door with- Possession of a firearm by a person cent schoolchildren from violent juve- out more regulation, and without more under a certain kind of restraining nile offenders; it is another thing to ac- taxes and without much more Govern- order provision: 3 in 1996, 18 in 1997, 22 tually pass a bill that will do it. ment and bureaucracy, which is what in 1998. This bill will help. Yet we are in such would have happened under the Lau- Possession of a firearm by a person a doggone logjam here, we might have tenberg amendment. convicted of a domestic violence mis- to pull this bill down, because all the Next, the Senator from New Jersey demeanor: 0 in 1996, 21 in 1997, 56 in amendments that people are coming up says that we on this side of the aisle do 1998. with every day really are deterring the not believe that gun laws work. He is A country of 250 million people, and passage of this bill. absolutely wrong on that. We just this is the record we have? Republicans want to pass this bill know they are not enforced by this ad- Possession of a firearm by a person and protect our children now. And I be- ministration. convicted of a domestic violence mis- lieve my colleague on the other side, For all the loudmouth talking that demeanor—think about it—0 in 1996, 21 who is managing his side, wants to do this administration does, look at this in 1997, 56 in 1998. so as much as I do. Possession of a firearm or discharge record of what they have done with re- Let’s stop talking. Let’s start acting. of a firearm in a school zone—thou- gard to prosecutions of guns. I went If you really want to protect our sands of them—we had 4, 5, and 8 in the through this early in the day. schoolchildren, prove it by passing the Providing a firearm to a prohibited last 3 years. Think about it. juvenile crime bill. That is the best All violations under the Brady Act— person, unspecified category—each way to do it. And let’s not just center we have heard nothing but Brady Act, number will be for 1996, 1997, 1998, in on guns, which may be a problem, and Brady Act, Brady Act, and it has not that order—17, 25, 10. It is pitiful. probably is a whole series of problems, done a thing compared to the instant Look at this. Providing firearms to a but that is only one small part of this. check system which we insisted on. felon: 20, 13, 24; for 1996, 1997, 1998. I am saying, a lot of things are not Possession of a firearm by a fugitive: But look at this. All the violations being done. 30, 30, and 23 for last year. under the Brady Act, first phase: No Senator SCHUMER criticizes this Possession of a firearm by a drug ad- prosecutions in either 1996 or 1997; one amendment by saying it would permit, dict or illegal drug user—we know prosecution under the Brady Act in for the first time, transactions of fire- there are hundreds of thousands, at 1998. And you would have thought the arms at gun shows by individuals who least, if not millions—46, 69, 129. Brady Act was the last panacea for all are not Federal firearms licensees. But Possession of a firearm by a person gun problems on this Earth. the entire justification of the gun show All violations under the Brady Act in committed to a mental institution or amendment—since the private sales are the instant check phase—they are not adjudicated mentally incompetent: 1 in occurring at gun shows without any even doing it under the instant check 1996, 4 in 1997, and 5 prosecutions in background checks whatsoever, we are that we have done—0, 0, 0; for 1996, 1997, 1998. putting in this bill, the Hatch-Craig Tell me that this administration is 1998. There is a point where you call it amendment, instant checks on all enforcing gun laws that are on the hypocrisy to continually try to make sales. And it shall be done, according books. And yet all we hear is crying political points on guns when this ad- to this amendment. Senator SCHUMER’s and crying over spilled milk, that we ministration ignores every law that is criticism suggests we are trying to ad- need more gun laws. But they won’t en- on the books and then says we need dress a problem that does not exist. force them. There are lots of gun laws more laws to solve these problems. Which is it? Is this a problem? Is there My gosh, we know that the trigger on the books, but they just will not en- a problem with private sales at gun lock cases have dropped an awful lot, force them. shows or not? from 7,500 under the Bush administra- It is just the phoniest doggone issue The PRESIDING OFFICER. All the tion down to 3,500, because this admin- I have seen yet, when everybody in this time of the Senator has expired. istration does not take it seriously. Mr. HATCH. I ask unanimous consent Senate knows that these problems with Yet they go out every day and make for 1 more minute, and I will finish our teenagers and our young people, these political points that we need with that. what they come down to is a myriad of more gun laws so that they have an op- The PRESIDING OFFICER. Without problems, many of which are caused by portunity not to enforce them, I guess. objection, it is so ordered. broken homes, broken families, single Look at this. Theft of a firearm from Mr. HATCH. This amendment does families where the parent has to work a Federal firearms licensee: 52, 51, 25. not allow more types of firearms trans- and cannot take care of the kids, a Manufacturing, transferring, or pos- actions at gun shows. It does provide breakdown in society, a breakdown in session of a nongrandfathered assault for a mandatory background check for religious values, a breakdown in family weapon: 16, 4, 4. We heard how terrible all transactions at gun shows. Only values, a breakdown in many other so- assault weapons are. Hardly anything those transactions where there is cur- cietal values, rotten movies, rotten done about it. rently no check at all will be able to music, rotten Internet things, rotten Transfer of a handgun or handgun take advantage of a special registrant video games. ammunition to a juvenile: 9, 5, 6, even background check. Right now, we have All of this is adding to this. Guns is though we know that is violated all hardly any protections. one small part of it. But look at all over this country. This amendment will bring them to these laws. And they are not being en- The fact of the matter is, these are pass. This amendment will do what was forced by this very administration laws we should be enforcing that are asked for yesterday. I think you can which continues to pop off every day not being enforced. And I have only criticize anything to do with this area, about, we need more gun laws. Well, covered some of them. I do not have but this is the right way to go. We are enforce the ones we have. enough time to cover all of them. going to solve this problem. That is It is incredible to me that they get But the fact is, this administration, why people should vote for the Hatch- away with this. Sure, the polls will say for all of its talk about guns, isn’t en- Craig amendment. that people are concerned about guns. forcing the laws that exist. Now they I thank my colleagues for their for- Naturally they are. We all are. But are asking for more laws. And they will bearance. they ought to be concerned about an not enforce those either. Mr. LEAHY. Mr. President, I ask administration that does nothing The Hatch-Craig amendment slams unanimous consent to speak for 90 sec- about the laws already on the books, the door on these loopholes. And, onds without it coming from anybody’s that continually calls for more for po- frankly, when are they going to enforce time. litical advantage. That is what bothers these laws the way they should be en- The PRESIDING OFFICER. Without me about this outfit. forced? objection, it is so ordered. Possession of a firearm by a person It is one thing to talk about pun- Mr. LEAHY. Mr. President, in many dishonorably discharged from the ishing the criminal use of firearms; it ways I feel that if the distinguished

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5252 CONGRESSIONAL RECORD — SENATE May 13, 1999 Senator from Utah and I were uncon- arms at gun shows. In fact, felons buy- have to when they want to buy an strained by Senators on either side, we ing or selling firearms were involved in automobile or buy liquor or what have could write a bill that would be very more than 46 percent of the investiga- you. There are regulations, and so it helpful. But I hope we do not get car- tions involving gun shows. Firearms should be. That doesn’t take away any- ried away with partisan rhetoric here. involved in the 314 reviewed investiga- body’s right to buy a drink or buy a The fact of the matter is that there tions numbered more than 54,000. A car. You just have to fess up to it. If have been a number of issues the large number of these firearms were you want to buy a gun, in my view, you Democratic side of the aisle has sold or purchased at gun shows. have to be able to say: This is my brought up that have been voted down What I hear here is concern about name; this is where I live; this is what by the Republican side—not unani- protecting average citizens from incon- I want to do. mously, I might say; in fact, I can venience. What a terrible thing. Why If the audience was not obscured think of a couple where the distin- should they have this big brother look- through a television camera or not guished Presiding Officer voted dif- ing over their shoulder? Why should we away from the folks in front of you ferently than the majority of his have speed limits? Why should we have but, rather, were the parents and the party—and then those parts were then laws against drugs? Why should we families of the kids in Littleton, they put into a Republican bill. That is fine. have laws against alcohol? Because would find that Americans blame the I am not interested who takes credit; I this is a nation of laws. That is what Littleton incident in significant meas- am interested in stopping juvenile we are about. That is what makes this ure on the availability of guns. They do crime. society so distinctive. Instead, I not say there is too little prosecution. In fairness, let’s point out, when we haven’t heard the pleas for the parents They don’t say that the gun laws are talk about what the administration of those kids who have been killed by cumbersome. What they say is there might or might not have done, in the guns purchased, wherever they are. I are too darned many guns in our soci- past 6 years, the rate of violent crime haven’t heard that. What I have heard ety. has come down at a faster and greater is a nagging little complaint about, oh, How much are each to blame for level than at any time in my lifetime. what a pity, the infringement of the Littleton? Percentage responding, a I am 59 years old. That means through person who wants to go buy a gun who great deal: availability of guns, 60 per- Republican and Democratic adminis- needs it in a hurry, sticks it in his cent; parents, 51 percent; nearly all trations, the rate of violent crime has pocket, walks out of the place without Americans support many gun control come down faster than ever before in identifying himself. measures, particularly those aimed at the 6 years of this administration. The Yes, the Hatch-Craig amendment kids; require background checks on ex- rate of juvenile crime has done the does close some of the avenues for gun plosives and gun show buyers, national same. We have stopped thousands and purchase, but it does not close them poll, 87 percent. thousands of gun sales to those with all, because if you are a special li- In here we have 51 percent who went felony records. Let’s stop saying who censed purveyor, you don’t have to do the other way just yesterday and today has done it or who has not done it. any checking at all. That is what the want to, in my view, set up a smoke- Let’s do what is best for our children. amendment says. Perhaps it is care- screen, pretend we closed all the loop- We are parents. We are grandparents. less, perhaps it is deliberate, but it holes. There is nothing malicious in it. The PRESIDING OFFICER. The Sen- does not protect against that. They just happen to be wrong in the ator’s 90 seconds have expired. Then I hear a challenge to the Presi- approach, because if they looked at Mr. LEAHY. I intend that as a com- dent and his complaints about gun their own amendment they would see pliment to my friend from Utah. shows. He doesn’t say that. He talks there are loopholes—whether they are Several Senators addressed the about gun shows with a degree of re- requiring Federal agencies to get rid of Chair. spect, but he says there are problems records so they are not kept for too The PRESIDING OFFICER. The Sen- that have developed as a result of ex- long a time, leaving the pawnshop ator from New Jersey. cesses available through gun shows. opening that we just heard about for Mr. LAUTENBERG. I am managing I think we have to look at what is someone who is away. I just spoke to the time on our side. I yield myself happening. Federal gun prosecutions: the Senator from Idaho. I said: What such time as remains for my response Overall violent and property crimes are would happen if the claimant, to re- to what we have heard. down more than 20 percent each; the trieve a gun that is in a pawnshop, Mr. President, I listened very care- murder rate is down 28 percent, the comes back 4 months later? Are they fully to the speeches. If I may say, the lowest level in 30 years; homicides, rob- required to say anything about where rhetoric that was used here—decrying beries, and aggravated assaults com- they have been during this period? the Federal Government’s efforts to mitted with guns are down by an aver- No. No, there is no requirement. The curb crime, incriminating crime fight- age of 27 percent. And yet, when we go Senator from Idaho said there is no re- ing within the jurisdiction of the Fed- ahead and talk about what we have to quirement. The guy could have been in eral Government, and saying that we do to protect our citizens, we hear, get jail for 90 days. But the fact is that he are not doing our job—it is outrageous more enforcement out there, get more has come back. He has paid his inter- to listen to, I must tell you, because of a bureaucracy. est. He has paid his $50 to retrieve his these things are concoctions. There are But when it comes to providing the gun. Give him his gun back. Don’t ask few people who I have more respect for money for ATF agents and Federal any questions. in this place than the distinguished prosecutors, we have a heck of a time I ask you, is that bordering on the Senator from Utah, but that does not trying to get it. Despite the rhetoric, absurd? I think so. mean that I do not think he is wrong in the NRA has never supported backing We, again, hear these lame argu- some of the things he has just said. I its tough talk with real money for ments about why we couldn’t adopt the am responding with admiration and re- State, local, and Federal law enforce- Lautenberg amendment as it was origi- spect. ment agencies to investigate, arrest, nally. And today, shame has filled this When we look at the ATF investiga- and prosecute gun criminals. place, embarrassment has filled this tions, I hold here the report that is Well, the reason for the decline in place, because calls have come in and ‘‘Gun Shows,’’ issued January 1999, by prosecutions is that we work more now newspapers have editorialized and said the Bureau of Alcohol, Tobacco and with State and local agencies than we what is the matter with the Senate—87 Firearms, Department of Justice, De- ever did before. Overall, the rate of percent of the people out there think partment of the Treasury. It says: To- convictions and incarcerations has that gun shows are a source of too gether ATF investigations paint a dis- grown pretty steadily. many weapons. turbing picture of gun shows as a venue We are looking at what I will call But not here. Here we worry about for criminal activity and a source of straw men, reasons to find ways of not not the victim, not the parent, not the firearms used in crimes. Felons, al- inconveniencing the gun buyer. Heaven brother, the sister, or the child. No, we though prohibited from acquiring fire- forbid the gun buyer should have to worry about the inconvenience or the arms, have been able to purchase fire- obey the same laws that other people big bureaucracy that may be created to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5253 make it inconvenient or slow down the AMENDMENT NO. 350 ‘‘(III) if the prospective transferor does not pace of gun acquisition. (Purpose: To amend title 18, United States provide the person with a certified copy of a Are there too few guns in this soci- Code, to regulate the transfer of firearms valid firearms license issued to the prospec- over the Internet, and for other purposes) tive transferor under this chapter, submits ety? I ask anybody, too few guns? I to the Secretary a report of the transfer or doubt it. Something like over 200 mil- Mr. SCHUMER. Mr. President, I send an amendment to the desk and ask for other disposition of the firearm on a form lion guns, that is enough to go around specified by the Secretary, which report pretty well. its immediate consideration. shall not include the name of, or any other The PRESIDING OFFICER. The They blame our culture. We heard a identifying information relating to, the clerk will report. transferor. story the other day from the Senator The legislative clerk read as follows: from Michigan who said that in Wind- ‘‘(2) TRANSFERS BY PERSONS OTHER THAN LI- The Senator from New York (Mr. SCHU- CENSEES.—It shall be unlawful for any person sor, Canada, just across the river, they MER), for himself, Mr. LAUTENBERG, Mr. who is not licensed under section 923 to see the same television, are exposed to KOHL, Mrs. FEINSTEIN, Mr. TORRICELLI, and transfer a firearm pursuant to a posting or the same cultural elements, prefer the Mr. DURBIN, proposes an amendment num- listing of the firearm for sale or exchange on same music, everything else, yet they bered 350. an Internet website described in paragraph have so far fewer crimes with guns— Mr. SCHUMER. Mr. President, I ask (1) to any person other than the operator of about 30 or 40 times more in Detroit unanimous consent that reading of the the website. than they have in Windsor. It has to do amendment be dispensed with. ‘‘(3) INTERACTIVE COMPUTER SERVICE.— Nothing in this section may be construed to with the availability of guns, nothing The PRESIDING OFFICER. Without provide any basis for liability against an more and nothing less. objection, it is so ordered. interactive computer service which is not We ought to face up to it and not find The amendment is as follows: engaged in an activity a purpose of which is different excuses for why it is that the On page 265, after line 20, insert the fol- to— gun wasn’t involved. It is not the gun’s lowing: ‘‘(A) originate an offer for sale of one or fault, no; it is the trigger person’s SEC. ll. INTERNET GUN TRAFFICKING ACT OF more firearms on an Internet website; or 1999. fault. But that trigger person would ‘‘(B) provide a forum that is directed spe- (a) SHORT TITLE.—This section may be cifically at an audience of potential cus- have had a heck of a time knifing the cited as the ‘‘Internet Gun Trafficking Act of tomers who wish to sell, exchange, or trans- 13 or 15 people in the Columbine High 1999’’. fer firearms with or to others.’’. School in the situation they were in. It (b) REGULATION OF INTERNET FIREARMS (2) PENALTIES.—Section 924(a) of title 18, was easy, however, with their weapons, TRANSFERS.— United States Code, is amended by adding at with their explosives. It is time to face (1) PROHIBITIONS.—Section 922 of title 18, the end the following: United States Code, is amended by inserting ‘‘(7) Whoever willfully violates section up to it. after subsection (y) the following: I wish we would pay the same atten- 922(z)(2) shall be fined under this title, im- ‘‘(z) REGULATION OF INTERNET FIREARMS prisoned not more than 2 years, or both.’’. tion to the victims: 35,000 victims in a TRANSFERS.— Mr. SCHUMER. Mr. President, the year of handgun death, 13,000 of mur- ‘‘(1) IN GENERAL.—It shall be unlawful for point I was about to make regarding der, in rough numbers, 18,000 of sui- any person to operate an Internet website, if the Orrin Hatch amendment, before we cides, 3,000 of accidents. When you a clear purpose of the website is to offer 10 or get into the substance of this debate— compare us to the other societies with more firearms for sale or exchange at one time, or is to otherwise facilitate the sale or I doubt that we will take the whole whom we associate and work, there is exchange of 10 or more firearms posted or hour on this one—is this: Under the just no comparison. We are looking at listed on the website at one time, unless— Hatch-Craig amendment, there is a new societies that have less than 100 deaths ‘‘(A) the person is licensed as a manufac- category of people called ‘‘special li- a year from guns—the UK, Japan, and turer, importer, or dealer under section 923; censees’’ who can sell at a gun show. others. It just doesn’t happen there. ‘‘(B) the person notifies the Secretary of They can sell guns en masse—lots of Why? These are similar people with the the Internet address of the website, and any other information concerning the website as guns. Not only are they not required to same kinds of problems we have. They do the paperwork, they are not re- have mixed societies and they have the Secretary may require by regulation; and quired to do a background check. So problems adjusting to conditions. But ‘‘(C) if any firearm posted or listed for sale when the Senator from Utah said be- they don’t have the guns laying around or exchange on the website is not from the fore that they are toughening up the in every nook and cranny. business inventory or personal collection of law, it is just not so. So I hope that the American people that person— It is true that federally licensed deal- will watch what happens here and see ‘‘(i) the person, as a term or condition for ers would have to do a background who voted against the Lautenberg posting or listing the firearm for sale or ex- check; it is true that the law is a little amendment yesterday because there change on the website on behalf of a prospec- toughened up so that individuals who tive transferor, requires that, in the event of are a couple loopholes that have been any agreement to sell or exchange the fire- sell to one another might have to do a covered and yet many opened. I hope arm pursuant to that posting or listing, the background check. But we create a when we vote tomorrow, the public will firearm be transferred to that person for dis- whole new huge category of special li- be watching because the answers will position in accordance with clause (iii); censees who can come to gun shows, have to be given to them. ‘‘(ii) the person prohibits the posting or sell en masse, do no background check The PRESIDING OFFICER. The time listing on the website of, and does not in any and no paper recording. What a loop- of the Senator has expired. manner disseminate, any information (in- hole. cluding any name, nickname, telephone Under the previous order, the Sen- That is why the Hatch-Craig amend- number, address, or electronic mail address) ment, more than any other reason, is a ator from New York is to be recognized that is reasonably likely to enable the pro- to offer an amendment. giant step not forward but backward. spective transferor and prospective trans- That is why the amendment of the Sen- Mr. SCHUMER. Mr. President, I ask feree to contact one another directly prior to ator from New Jersey, Mr. LAUTEN- unanimous consent that the Senator the shipment of the firearm to that person BERG, is what is needed. I ask my col- from Illinois, Mr. DURBIN, be added as a under clause (i), except that this clause does leagues to look at that as part of the cosponsor to this legislation. not include any information relating solely to the manufacturer, importer, model, cal- other debate. The PRESIDING OFFICER. Without iber, gauge, physical attributes, operation, Mr. President, we are here today to objection, it is so ordered. performance, or price of the firearm; and debate an amendment dealing with Mr. SCHUMER. Mr. President, I ‘‘(iii) with respect to each firearm received Internet sales of guns. I want to thank thank the Chair. Before I get into this from a prospective transferor under clause Chairman HATCH and Senator LEAHY amendment, I would like to make one (i), the person— for the opportunity to offer this final point, which I thought was rel- ‘‘(I) enters such information about the fire- amendment. We have known for a long evant to the Senator from Utah. I went arm as the Secretary may require by regula- time that gun shows are a loophole over to him privately, but I think the tion into a separate bound record; ‘‘(II) in transferring the firearm to any that have allowed people to buy guns RECORD should show it because he men- transferee, complies with the requirements without a background check. We know tioned my name in the debate. I will of this chapter as if the firearm were being that. Well, there is another loophole discuss this after I send up my amend- transferred from the business inventory of that I believe is about to make a quan- ment. that person; and tum change in the gun black market

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5254 CONGRESSIONAL RECORD — SENATE May 13, 1999 and is a disaster waiting to happen: At Were they felons? What we do know is it is just like a mail-order sale. You this moment, on your personal com- that the number of visitors is indic- have an intermediary. When the gun is puter in your home, in your child’s ative that sales on the Internet are sold, it is sent to a gun dealer who then bedroom, there are thousands and growing exponentially. Remember, 5 does the background check and gives thousands of guns available for sale by years ago, practically nobody bought the gun to the buyer. unlicensed dealers on the Internet. stocks on the Internet. Today, 30 per- To prevent buyers and sellers from These guns, including assault weap- cent of all stocks are sold online. circumventing the website operator ons, automatic weapons and cheap The internet is about to change the and from carrying out transactions handguns, are listed for sale on a no- entire way guns are bought and sold in which violate federal law—the amend- questions-asked, honor system basis, America. And if we don’t get on top of ment prohibits sites from listing infor- which leaves it up to anonymous buy- it now and create and ironclad enforce- mation like an e-mail address or phone ers and sellers to comply with Brady ment mechanism to ensure Brady com- number that allows buyers and sellers and State and local firearms laws. Any pliance, I promise you just as sure as I to independently contact each other. computer novice can so readily and so am standing here, it will cost lives and Sellguns.com does this already. They easily find gun web sites that owning a we will sorely regret it. are an FFL. This is an auction site personal computer means having a gun This is the Weapons Rack disclaimer: where buyers e-mail bids for a par- show in your home 24 hours a day. ‘‘It is the sole responsibility of the sell- ticular gun through the website oper- Last month, for instance, a 17-year- er and buyer to conform to [firearms] ator. The seller sends the firearm, the old Alabama boy acquired a Taurus 9 regulations.’’ shipper pays, and the buyer sends the millimeter semi-automatic pistol and Not exactly a confidence booster, is bid, plus fees and shipping, and 50 rounds of ammunition over the it? SellGuns.com makes the match and Internet. He was caught only because If either the seller or buyer don’t identifies the seller’s item with the his mother was home and UPS dropped want to comply, they go right through. buyer’s request. It works well. It is off the package. Who knows what GunSource.com has 3,600 guns for happening now. We would require this crime may have been committed with sale. Their disclaimer says, ‘‘Because to happen in every sale. It doesn’t that Internet gun. user authentication on the Internet is interfere with the transaction of guns; Since 1968, it has been illegal for a difficult, we cannot confirm that each it just makes sure that kids and crimi- felon to buy a gun. The reason we user is who they claim to be.’’ nals can’t get them. passed the Brady law is because en- Isn’t that amazing? When a final bid is accepted, the forcement had no mechanism to en- Let me read that again. This is right buyer sends a check to SellGuns.com. force that law. The Internet returns us on the Internet. ‘‘Because user authen- The seller sends the gun to to the pre-Brady period where disrepu- tication on the Internet is difficult, we SellGuns.com. They trade, the check table people can get together and evade cannot confirm that each user is who and the gun cross, and everybody is gun laws with little prospect of detec- they claim to be.’’ happy. tion. Mark my words, if we don’t pass This is a chilling admission. It is also That is the model for how all inter- an amendment such as this one, within an invitation to those who cannot buy net gun sales will proceed if this a year or two, the Internet will be the a gun from a licensed dealer to use the amendment passes. This amendment is also easy to en- method of choice by which kids, crimi- cloak of the Internet to find illicit sellers and arms sellers. force. nals, and mentally incompetents ob- Since these websites operate on a tain guns. We will rue the day we don’t Earlier this year eBay, the Nation’s largest Internet auction site, put out volume basis they have to make their pass this amendment. Passing this sites easily accessible. Most sites are amendment now will save lives. this statement in conjunction with a directive banning the listing of guns on linked to common words like ‘‘guns,’’ What does it do? My amendment sim- ‘‘AK–47,’’ and ‘‘militia.’’ So gun sites ply requires that any web site that is this web site. This is what eBay said. They said: are actually easy to find and easy to set up to offer guns for sale on the put into compliance or put out of busi- Internet be a federally licensed firearm The current laws governing the sale of firearms were created for the non-internet sale ness if they refuse to comply. dealer who will make certain that Some members have asked me about criminal background checks occur with of firearms. These laws may work well in the real world, but they work less well for the the difference between a gun ad in say, each sale. It just makes the Internet online trading of firearms, where the seller Guns and Ammo magazines or a news- Brady compliant—no more, no less. and the buyer rarely meet face-to-face. The paper want ad and gun sites on the Let me show you what is available on online seller cannot readily guarantee that internet. the web by simply typing in key words the buyer meets all the qualifications and Number one: volume, The number of like guns for sale, militia and AK–47. complies with the laws governing the sale of guns for sale right now on the inter- This is the Guns America Web site firearms. net—20,000, 50,000, 100,000 guns—dwarfs right here on this paper. Anybody can Listen to the experts. eBay said sell- anything available in any publication. punch into it. Guns America boasts ing guns on the web is too dangerous Number two: secrecy. Magazines are that it sells guns on the honor system, because they had no idea who was buy- static publications. If the same indi- that there is ‘‘not an FFL dealer ing and who was selling; no way to find vidual keeps showing up selling guns, among the bunch of us,’’ and that it out; no way to ask; no way to verify— law enforcement can look at back will ‘‘grow to hundreds of thousands of the guns are sold purely on faith. issues and investigate. The internet is new listings every month.’’ My amendment is balanced, reason- ephemeral. Sellers come and go. Ads Guns America, at this very moment, able, and modest. appear and disappear. has 21 AK–47s and AK–47 copies for sale, It replaces blind internet faith with Number three: access. Gun sellers are with no questions asked—not a soul fully Brady compliance, no more, no in my home and your home. They’re in watching, not a stitch of oversight. It less. the bedrooms of my ten year old and is solely up to anonymous buyers and It bans the unlicensed sale of guns on my fourteen year old daughters. Own- sellers to comply with all gun laws. Let the internet by requiring websites ing a personal computer means having me tell you, the chance of getting clearly designed to sell guns to be fed- a gun show in your home. caught breaking the law is as likely as erally licensed firearms dealers. It All it takes is a curious and troubled mom finding the gun in junior’s bed- won’t affect chat rooms. It won’t affect teenager to cruise the web until they room. newspaper want ads. It won’t affect li- find someone willing to sell. At least Now, this one here is the Weapons censed firearms dealers. with Guns and Ammo a kid has got to Rack, another honor system weapons It requires internet gun sites to be- know the magazine exists and go to a site. Since last week when I made this come ‘‘middlemen’’ and act as conduits magazine shop and buy it. This gun poster, the Weapons Rack has had 3,300 for all sales by forwarding all gun sales store is in your home whether you like visitors to its site. We don’t know any- to the appropriate firearms dealer in it or not. thing about these visitors. Did they the buyer’s state who will perform the Number four: anonymity. The web al- buy? Did they sell? Were they kids? Brady background check. In this way, lows kids and criminals to use e-mail

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5255 to rapidly probe on-line sellers to see is somehow not going to have to do mother intercepted it because a com- who is willing to bypass gun laws. And background checks. Language in the mon carrier had brought it to their since it is impossible to monitor any bill says, referring to the special li- home. The common carrier violated transaction there is only the slimmest censee, ‘‘shall conduct his activities in the law. It is against the law in Amer- of chances that anyone would get accordance with all dealer record keep- ica today to send a gun through the caught. ing required under this chapter for a U.S. mail or to allow one to be trans- In a magazine ad it would be enor- dealer.’’ ferred by common carrier to be deliv- mously time consuming and frankly in- We go to that chapter, 18922, and he ered to a recipient. volve luck to figure out who is willing falls within that chapter, and that is I guess that is my point. He may not to sell under the table. the requirement of the background like the style of advertising or the Number five: distance. The local check. rhetoric around the advertising, but want ads, are just that—local. The So it is our intent. We believe we there has to be a point of contact. How internet moves the transaction from a have covered that intent. do you make the contact? How does the neighborhood market to a national Let the record show that is what we gun move from the seller to the buyer? market. believe the law to be as we proposed it Therein lies the issue here. Commerce on the internet is in its in this form. If I believed what is being said were infancy. I agree with those who say I am happy to sit down with the Sen- true, I would be alarmed. I don’t think that we ought to be very careful before ator tonight or tomorrow, but I believe any of us want a gun show in our we prohibit certain activities on the we have covered it adequately. There is kiddie’s bedrooms. It is great rhetoric net. no question of our intent here. It is not tonight. The gun show isn’t in the I believe that the internet is one of a loophole. The special licensee is a kiddie’s bedroom. There is advertising the reasons that American produc- dealer. We put him into the dealer sec- on the Internet. The child can access tivity is at an all-time high and grow- tion with all other gun dealers. We will the Internet. The child can’t touch the ing at a remarkable pace. leave it at that for the evening. gun. He cannot receive the gun. And But this is an area that cries out for Very briefly; I want to get out of the example that he applied was a vio- common sense regulation. it is rare here. lation of the Federal law. Again, one of that Congress is ahead of the curve. We Mr. SCHUMER. I don’t blame the those laws that we stacked on the usually have to be prodded by crisis to Senator. I appreciate the courtesy. books and somehow somebody slipped act. As I understand the special licensees, through it. That is what happens with If we fail to close the internet loop- a background check would not be re- laws some of the time unless we have hole today—I promise you—it will not quired; rather, the section of the law this huge web of law enforcement. be the last time that we hear about would require only certification. My guess is the common carrier is this issue. A child, a criminal, a dis- Mr. CRAIG. That is not true. The li- libel in this instance. I don’t know the turbed individual will exploit this loop- censee would become a dealer and falls total story, but I do know the gun got hole, evade a background check and under the dealer section of the law, 922 delivered to the home and it had to commit a crime that will leave Amer- paragraph T(1). Check it out, read it come through some form of common ica in mourning. tonight, see if you don’t agree with us. carrier. We believe that to be a viola- In Alabama, where a juvenile suc- If you don’t, we will be happy to dis- tion of the law. ceeded in buying a gun on the internet cuss it tomorrow. The impact of this amendment is to an ATF agent said: Mr. SCHUMER. I appreciate that. simply restrict gun sellers to 19th cen- The sale of guns on the internet is part of Mr. CRAIG. Let me talk about the tury advertising technology. That is, the growing cottage gun industry, replacing Internet for a moment. newspapers and fliers. face-to-face firearms sales between dealers Somehow in the last day and a half On a more serious note, the amend- and individuals at local shops with e-mail ment would be an extraordinary and messages and shipping orders. we have heard this marvelous new word On the internet, the dealers don’t know ‘‘loophole.’’ Everything has a loophole unprecedented restriction on commer- who they’re dealing with on the other end. in it. Somehow through a loophole we cial speech. That is called a violation You could be dealing with a career criminal, are cramming everything today. It is a of the first amendment. a drug dealer or a high school student. great mantra. I think Bill Clinton I am not a constitutional lawyer and Do we really want to leave the sale of coined it in one of his phrases lately— I am not going to debate that this is a guns over the internet completely un- handgun control loophole. Tonight we constitutional violation. But my guess, regulated? have a loophole in the Internet. It is if it were to become law, it would rap- This bill I am presenting is a bal- called ‘‘beam me up a gun, Scotty,’’ ex- idly get tested in the courts because I anced, constitutionally sound bill cept the Senator from New York, being believe it could be that. which requires web sites that are clear- the remarkable fellow he is, has not pi- Our laws have never required an ad- ly designed to offer guns for sale to be oneered Star Trek technology to deal vertising medium to become part of federally licensed firearm dealers—no with guns. the business that it advertises. For ex- more, no less. The Internet is an advertising me- ample, we don’t require a newspaper to We learned from the Brady bill that dium. It is not a medium of exchange. get a State liquor license before car- the honor system doesn’t work for You advertise on the Internet. rying alcohol ads. But in any event, guns. It might for most people. It Now, I am not a very good Internet that would be well beyond anything doesn’t for criminals. And it doesn’t for surfer, but I know I can’t push a button this Congress ever contemplated. kids who want to buy them and to do and see a gun come out from the In fact, Federal law confirms exactly something terrible. screen. The Senator from New York the opposite: The Firearms Owners Pass this amendment and we solve knows it, too. In fact, he refers to Guns Protection Act, which became law in the major problem. Let it fail and we America Web Site. We pulled it up 1986, specifically confirms the right of open a firearms cyberhighway that has while he was talking. This is what it individuals to make occasional sales, no exit. said: exchanges, and/or purchases of firearms Mr. President, I reserve the remain- Please note, as a buyer you must first call for the enhancement of a personal col- der of my time. the seller of the gun, confirm price and avail- lection, for a hobby, or to sell all or The PRESIDING OFFICER. The Sen- ability, and arrange for an FFL dealer in part of a personal collection of fire- ator from Idaho. your State to receive shipment. Your FFL arms within their State or their resi- Mr. CRAIG. Mr. President, let me dealer must send a copy of their license to dence. clear up a point the Senator from New the seller. I do not quite understand what the York made this evening before I dis- My point is quite simple: If you buy Senator from New York is talking cuss the amendment that is before us. a gun on the Internet, it somehow has about tonight about expanding beyond He has made the allegation that the to make contact with you. the boundary of a State. Yes, the Inter- special licensee we have created in our He referenced a young fellow who ac- net is national; it is international. But amendment for dealing with gun shows quired a gun on the Internet and his for a gun owner in New York to buy a

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5256 CONGRESSIONAL RECORD — SENATE May 13, 1999 gun out of California would be inter- I guess I would ask my friend from knowing that gun is being shipped to state activity, and that would be Idaho if the 15-year-old has no inten- an underage person. So they cannot against the current law. I think the tion of going through a licensed dealer, even—there is not even a suspicion. Senator from New York knows that. which is the law for an out-of-State Then, after that person gets the gun, What we are suggesting in our sale, how do we stop him under present we say that person broke the law. amendment, because we do address the law? How do we stop him from getting In fact, the only way we are going to issue of Internet activities, this Con- the gun? That is the problem. know they broke the law is if they use gress would not want anything illegal Mr. CRAIG. I will respond briefly. that gun for a bad purpose. If there was going on in the Internet. If you use the The hour is late. ever a situation of closing the barn Internet to offer a firearm to a felon, Mr. SCHUMER. I appreciate that. door after the cows got out of the barn, and you know it, you broke the law. Mr. CRAIG. We can conduct more di- this is it. That is what we are saying. If your in- alog on this tomorrow. I simply ask my colleague to rethink tent is to sell to anybody on the Inter- Under current law—in other words, his opposition to this legislation based net and not require the checking, you we are talking about ‘‘the law,’’ not a on his own statement. He broke the are breaking the law. That is what we vacuum but the law, let me read what law. How do we know it? The only would say. Guns America says: ‘‘As a buyer, you human way we can know it, that is hu- The Hatch-Craig amendment makes must first call a dealer.’’ manly possible, is after the gun is used it a crime to knowingly solicit—that is The reason you have to do that is the in a crime. If the Senator would like what you are doing on the Internet, gun is transferred through the dealer, me to yield, I will. I do not have to if you are soliciting. You are not trans- not through the mail. Because the 15- he does not want to respond. Please. It porting guns, you are not putting them year-old cannot—— is on my time. in the hands of kids, you are solic- Mr. SCHUMER. I ask the Senator, Mr. CRAIG. I will only comment this iting—to knowingly solicit an illegal what if he doesn’t call the dealer? much further and then I am through firearm transaction through the Inter- Mr. CRAIG. Then he will not get the for the evening. I have been sitting net. That is what we do. gun. here adding up the laws that your de- We go a step forward and talk about Mr. SCHUMER. They will still mail scription broke. The seller has broken explosive materials. There is a very him the gun. They don’t know he is 15. the law tonight by your definition. real concern on the Internet today Mr. CRAIG. The U.S. Postal Service Mr. SCHUMER. No. about bombs—not material, because says it is illegal. Mr. CRAIG. Absolutely, if he sold to you can’t transport it, again, but the Mr. SCHUMER. But the U.S Postal a juvenile. diagrams to build a bomb. I am opposed Service doesn’t open every package. Mr. SCHUMER. The seller has no to that, too. But at least you have to Mr. CRAIG. I can’t dispute that. In knowledge that the child is 15. go out and acquire the material to other words, he broke a law. Mr. CRAIG. I think he says he wants build one because the Internet doesn’t Mr. SCHUMER. He got the gun. the knowledge here. ‘‘beam it through to your home, Scot- Mr. CRAIG. But he broke a law. You Mr. SCHUMER. But the point is, if ty,’’ nor does it beam the gun. are going to create another law to be the child writes in ‘‘25,’’ there is no That is the reality. Our amendment broken. Why don’t we enforce the law way the seller knows. is simple. We think it addresses the we have? Mr. CRAIG. If he doesn’t check it issue. I hope our colleagues tomorrow Mr. SCHUMER. Reclaiming my out, he broke the law. Mr. SCHUMER. How is he going to would vote for the Hatch-Craig amend- time—— ment that covers all of these issues Mr. CRAIG. You have it. check it out? Mr. CRAIG. Because it is his respon- very clearly, very succinctly. Mr. SCHUMER. The point is, the two I yield back the remainder of my sibility as a dealer. gentlemen from Columbine High time. Mr. SCHUMER. I submit, none of the School broke the law. If we want to Mr. SCHUMER. Mr. President, I will dealers and none of the advertisers on allow every kid to get a gun and we can answer a few points of the Senator the Internet actually go check. If then, after they create havoc, say they from Idaho and maybe we can engage someone says they are above 25—— in a dialog. broke the law, we are in pretty sad Mr. CRAIG. It sounds like ATF isn’t The Senator is wrong in one sense. shape. doing their job. The Internet does not just do adver- What we want to do here is prevent Mr. SCHUMER. It doesn’t sound like tising. Some sites just do advertising, them from getting guns. To simply say that to me. and if there were no efforts to transfer a 15-year-old who purchases a gun on Mr. CRAIG. I counted that breaking guns, we would agree. the Internet broke the law is not very the law. The juvenile is breaking the How about when a web site offers satisfying to most Americans. They law. guns and earns a fee when there is a want to stop them from getting the Mr. SCHUMER. Clearly. sale? That is not an advertisement, it gun, prevent him from getting the gun. Mr. CRAIG. And the common carrier is a business. The more guns they sell, So I suggest there in a nutshell is the is probably breaking the law. the more the web site makes. whole argument. The Senator from Mr. SCHUMER. I don’t think the The second point I make, and this is Idaho says, since the law prohibits common carrier did. the most important point, the Senator interstate gun sales, we should allow a But, again, my point is a simple one. from Idaho got up and he said they give 15-year-old who wants to violate the They are all breaking the law, and each other the name and address, and law to use the exact mechanism we there is no way to find out. This is not it is their responsibility to contact a have talked about, the Internet, to get a question for the ATF. This is a ques- firearms dealer. that gun and then after he gets the gun tion because the Senator would be one Say I am a 15-year-old and I want a we go after him. of the first if the ATF started opening gun, but I don’t tell the seller that I Mr. CRAIG. I am going to have to every package to see if there were guns want it, and I don’t contact the fire- ask the Senator to yield because that and knocking on the door of every per- arms dealer. What is to stop me from is a very improper portrayal of what I son who ordered a gun to see what age doing that? That is the point here. just said. Be accurate, please. they were, which is of course an absurd Sure, in a perfect world, the Senator Mr. SCHUMER. Let me just finish situation, we would all be in an outcry. from Idaho would be right. But then we my point and then I will be delighted So, to say that three people broke the wouldn’t be debating a juvenile crime to allow the Senator to respond. law is not very satisfying. To say that bill. The fact that there are criminals, The 15-year-old wants to break the Klebold and Harris broke the law in young and old, means there are people law, sends for the gun, gets the gun, Littleton is not very satisfying to the who won’t obey the law. All we are try- and because the Postal Service is not parents who are grieving their chil- ing to do is make it easy for law en- going to open every package ahead of dren. forcement or even possible for law en- time, there is nothing that prevents By this simple piece of legislation, forcement to make sure people obey the 15-year-old from getting the gun. In we might have stopped it. Without im- the law. fact, the Postal Service has no way of pinging on anyone’s rights, without

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5257 changing anything else, we might have izing group boycotts. Whether that lan- meet to work out these guidelines and stopped it. guage succeeds, I cannot tell as I read standards and that there would be no With that, I yield the remainder of it here on the floor. But I do know that antitrust concerns. my time. the language applies to only one of the Antitrust laws permit meeting to The PRESIDING OFFICER. The Sen- two exemptions and does not reach all work out voluntary guidelines. ator from Idaho. anticompetitive conduct. This slapped-together amendment Mr. CRAIG. Has all time been yielded Does that create the implication that goes way beyond that understanding. back? boycotts are an acceptable way to ‘‘en- Letters dated January 25, 1994, Janu- The PRESIDING OFFICER. It has. force’’ rules or act anti-competitively? ary 7, 1994, and November 29, 1993, from Mr. LEAHY. Mr. President, Amend- The language mandates enforcement the Justice Department make it clear ment No. 329 more than any other we but does not say how. that industry leaders can work to- have seen so far cobbles together a Senators BROWNBACK and HATCH had gether to establish guidelines regard- number of proposals that have been initially provided me with two very ing violence in programming and mov- around for a long time. Let me start different amendments, and I assumed ies. with the NIH study, the $2 million that the fight would have been over One bedrock principle of our demo- study required by the amendment. which amendment would win over the cratic government and one of the basic I am concerned that this amendment other—since they are inconsistent. protections of freedoms to enjoy as singles out only a few potential influ- It never occurred to me that they Americans is the First Amendment’s ences on teen behavior. A better ap- would simply slap them together into guarantee that the government will proach, in my view, would be to study one inconsistent mass which will be keep itself out of the regulation of all factors—the role of parents and impossible to interpret. speech. schools, the existence of counseling The combined amendment that When the Constitution says that and guidance efforts, the alienation of passed yesterday has major flaws. It ‘‘Congress shall make no law * * * young from their peers, and media in- defines the Internet in a way that abridging the freedom of speech,’’ I be- fluences, among other things. could have major unintended effects on lieve it means what it says. That provi- The President has called on the Sur- other laws. sion ought to be respected until it is geon General to conduct just that type It hugely denigrates the role of par- repealed which I hope never, never, of review. Perhaps we should include ents—essentially the amendment con- happens. the NIH and other experts in the Sur- siders parents almost irrelevant to the For years there have been crusades geon General study which is now un- development of children into young against the content of books and mov- derway. adults. It blames most of the social ies but government enforcement is not In our rush to respond to very real problems of children on television, the answer—where do you draw the tragedies, we should take care to study movies and music—an easy target even line? all the factors, and to seek solutions in the face of falling national crime This goes back to the old joke about that won’t trample the First Amend- statistics. a conference of ministers of different ment. To artificially limit the NIH Television programming and movie faiths getting together and trying to study to only media influences may content is a tempting subject for dema- start the meetings. They could never not be proper scientific design. The goguery. It is much harder to deal with agree on the opening prayer so that role of parents must be considered. Bad issues such as bad parenting and lack had to cancel the conference. parenting can have devastating effects of parental supervision because then I know that some have fond memo- on the behavior of children. Just ask we can only blame ourselves. ries of the days of content regulation the child in an alcoholic family, or in a Contrary to the findings in the when only separate beds could be family where there is spouse abuse, or amendment, there is no substitute for shown on shows like Dick Van Dyke. worse. parental involvement in the raising of One of the findings fondly looks back I am also concerned about the two our children. at these standards stating from page 6 sets of antitrust exemptions being pro- I am also very nervous about involv- of the amendment that ‘‘The portrayal posed in this amendment. ing government in the day-to-day regu- of implied sexual acts must be essen- I have spent a good deal of effort over lation of the content of television tial to the plot and presented in a re- the past several years working to shows or movies and other forms of sponsible and tasteful manner.’’ What eliminate unjustified antitrust exemp- speech. I do not see how the govern- is ‘‘essential to the plot’’ and who de- tions from the law. The baseball anti- ment can step into the shoes of par- cides that question? What is ‘‘tasteful’’ trust amendment comes to mind as one ents. and should the government decide that the Chairman of the Judiciary The Supreme Court has noted that that? Committee and I worked on together ‘‘laws regulating speech for the protec- National crime statistics show crime for years until we finally succeeded tion of children have no limiting prin- has declined in recent years. I know last year. ciple, and a well-intentioned law re- that Mayor Giuliani keeps talking Do we have the views of the Depart- stricting protected speech on the basis about that reduction in crime. What ment of Justice Antitrust Division on of content is, nevertheless, state-spon- does this drop in crime statistics mean either of these proposed antitrust ex- sored censorship.’’ in terms of this amendment? emptions? Movies such as ‘‘Saving Private Section 505 of the amendment allows Last time I examined this issue was Ryan’’ or ‘‘Schindler’s List’’ are vio- for the ‘‘enforcement’’ of guidelines when the Assistant Attorney General lent. I admit it. But I do not think that ‘‘designed to ensure compliance’’ with for Antitrust clarified that it would such films should be discouraged be- ratings and labeling systems. When not violate the antitrust laws of tele- cause of any government enforced con- you use words such as ‘‘enforcement’’ vision stations to agree on guidelines tent standards. and ‘‘designed to ensure compliance’’ and viewer advisories to reduce the If this amendment were voluntary that does not sound voluntary to me. I negative impact of violence on tele- we, of course, would not need to pass it hope that we take more time in con- vision. That was 1994. It was not illegal since the entertainment industry lead- ference to read this amendment and now. So, I do not understand the need ers can already work together to de- consider the possible problems posed by for antitrust exemptions. velop guidelines, standards, ratings and its language. My fear is that any such exemption label warnings. That is why I worked I know some want to permit govern- might be abused and used to immunize out a deal, and signed a dear colleague ment enforcement of vague standards anti-competitive conduct to the det- letter, with Senators HATCH, LOTT, on the content of TV shows and mov- riment of consumers viewers and other DASCHLE, MCCAIN and others in July of ies. No one will know what is allowed companies in and around the entertain- 1997. and what isn’t allowed. That is ment industries. We agreed, based on clear guidance chilling, it violates the Constitution, I note that one of the exemptions from the Justice Department, that en- and it relegates the role of parents to tries at least to protect against legal- tertainment industry leaders could mere observers.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5258 CONGRESSIONAL RECORD — SENATE May 13, 1999 Mr. GORTON. Mr. President, on April whose budget, bloated in so many other elements in our nation that promote 20, 1999 two Columbine High School respects, makes drastic cuts in the violence and disrespect for life. This vi- students in Littleton, Colorado, swept field of effective law enforcement as- olence stemmed from an evil that into that school with sawed-off shot- sistance. This year, for example, over found fertile ground in the hearts of guns, one pistol, one semiautomatic President Clinton’s objection, Congress two impressionable boys in Colorado rifle, and as many as 60 homemade pipe will continue to fund a Byrne Grant and another federal law will not eradi- bombs. Before they turned their guns program—a program that encourages cate that evil. on themselves, they killed 12 fellow cooperative drug enforcement and There are things that government students and 1 teacher and wounded 21 treatment mechanisms across the can do to make our society safer, in- others. In doing so, they violated 17 country and in my State of Wash- cluding making our schools safer, and separate federal and Colorado state ington. Last year Washington State re- we have already passed one amendment Statutes relating to guns and explosive ceived $10 million in Byrne Grants, to just that end, but the scope of evil devices, not to mention a host of crimi- without which our law enforcement of- which showed its face in Littleton is nal laws criminalizing their assaults ficials would find it next to impossible beyond the reach of government ac- and murders. to combat the biggest drug problem in tion. Controlling violence of this scope In a justified aftermath of horror and our state—meth labs. Despite this suc- will come when people care more for revulsion, wide-ranging public opinions cess, the President proposes drastic each other and I, for one, will not join across the United States demands that cuts in this successful program. in any chorus of politicians promising the federal government do SOME- Clinton’s budget also zeroes out fund- that government will make that hap- THING, anything, to make this vio- ing for a huge law enforcement pro- pen. lence go away. The most prominent gram—the Local Law Enforcement I know that there are people of good- call is for more gun laws, many of Block Grant and the Violent Offender will who disagree with me. They want which raise serious constitutional Incarceration and Truth in Sentencing so desperately to do something about questions under the 2nd Amendment. Incentive Grants, which Washington this horrible event. I understand that Other attack Hollywood and the state uses to help fund prison construc- desire. If I agreed, I would have already Internet for the pervasive violence in tion, was gutted in Clinton’s budget— introduced legislation. But I believe movies, music and the Internet, all eas- from $772.5 million in FY 1999 to $75 that actions closer to home are far ily available to the most impression- million in FY 2000. more likely to be successful. I know able of our teenagers. Any controls of Far better to fund anti-crime pro- that this is a radical concept, but most this nature clearly run afoul of the 1st grams that have proven to be success- of what is good about America is not Amendment. ful than to ignore those successes and made so by federal legislation. People Others blame parents, the lax law en- substitute new statutes on the backs of across our country are searching their forcement and the schools themselves. statutes that have been unsuccessful in hearts and their communities for an- Few, curiously enough, recognize the attaining their own goals. Why not en- swers. In hundreds of local papers you reality of an evil that lurks in the force the gun laws we already have can see that nearly every school dis- minds of at least a handful of human than add new ones to those the Admin- trict in America has already called to- beings and is clearly beyond the ability istration ignores? gether teachers, parents and commu- of any law to control. Let me make a point clearly here—I nity members to see what can be done It would be wonderful if we could just thrive on working as an elected official locally. Local people in their churches pass a law through Congress, another because I believe that sensible actions of all denominations are getting to- gun control measure or another limita- by government can have a positive im- gether to see how they can do more to tion on free speech that could prevent pact on the lives of families and com- reach kids in trouble. And every parent another Littleton, Colorado, or munities across America. in America has considered carefully Jonesboro, Arkansas. But who, in the One positive role for government is whether his or her children are at risk calm aftermath of this tragedy, be- in promoting a safer society. As Wash- of committing violence. lieves that two or three more gun laws, ington State Attorney General and We should allow this process of na- in addition to the dozen and a half vio- now as Senator, I have supported laws tional soul searching to continue. If lated by the two Colorado teenagers, to make safer products for consumers out of this process positive actions for would have made the slightest dif- including safe food, clothes, cars and the federal government emerge we ference in Littleton? highways. I have worked nearly every should respond, but we should not hold The perpetrators of this violence day in the last three years on the issue not immediate federal action as false were far beyond caring about adhering of school safety to change federal rules hope in place of the real actions and to human laws. They were bent on kill- to give more flexibility to local school changes that will take place in commu- ing. The arena in which to reach and districts to expel violent students. In- nities, homes and schools across Amer- stop this evil is not Congress. It is in dividuals in our society cannot assure ica. those places where the human heart a safe food supply or safe products or It is difficult in this body to face the can be touched; the home, the commu- safe roads, so taking sensible steps to fact that we don’t really need new laws nity and the church, and in the humil- make lives safer is a proper function of as much as we need the enforcement of ity to recognize that no human efforts government. the laws we already have. Even more will ever eliminate all evil from human Still, I am convince that more laws important than that, however, is a hearts. would not have prevented what hap- thorough examination of the culture of My children were in high school 25 pened in Littleton and, what is more violence in our society and a broad years ago and I am struck by the important as we look forward—I be- base societal demand that those who thought that this kind of extreme vio- lieve that it is dangerous to promote profit from that violence, in the media lence involving school kids did not hap- legislation as a solution. What is wrong and elsewhere, be brought to show pen in America then and in my own with the President’s gun law proposal more responsibility and more restraint. high school years more people may and any other legislation promoted I am concerned that the underlying have owned guns than do so today. I under the banner of stopping violence? Juvenile Justice bill suffers from the can’t help but ask: What has changed? They are wrong because they are a mi- same defects. While it includes a few Why does this happen now? rage. We are repulsed by violence and good ideas, it is another example of The Senate has begun a debate of a the mirage of a federal government’s Washington, DC knows best. It spends Juvenile Justice bill that will serve as answer to violence raises false hopes. money we don’t have and tells every a vehicle for a number of amendments The false hope that violence will be state and local government that we relating to guns and explosives. At stopped by new federal laws is also here in Washington, DC, know more least eight different such proposals wrong because it detracts attention about juvenile justice than those who were submitted to Congress by Presi- from the need to fix what is wrong in spend their lives on the subject do. dent Clinton in the wake of the Little- individual families and communities Mr. LEAHY. Mr. President, my friend ton tragedy. This is the same President the need to concentrate on those sick from Utah attacked the motion picture

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5259 theater industry yesterday for not en- juvenile justice legislation. First and many would point to his achieving the forcing their voluntary rating system. foremost, this bill establishes a $450 rank of Rear Admiral as a demonstra- Though no system, voluntary or man- million block grant program for state tion of his abilities as an officer, I datory, can every be perfect, the fact is and local governments to establish would counter that it was his command that the exhibition industry is doing youth violence programs. This almost of the aircraft carrier USS Forrestal an increasingly better job enforcing doubles the FY 99 spending in equiva- that serves as the best illustration of those movie ratings. lent programs. These funds can be used his professionalism and abilities as a The National Association of Theater for record keeping, detention facilities, sailor and leader. Simply put, there are Owners, the industry trade association, restitution programs, anti-truancy pro- few more coveted or more selectively and its members have made ratings en- grams, gang intervention, crime train- assigned duties than that of captain of forcement a top priority. The associa- ing programs, and vocational training. a carrier. tion has developed a videotape training In addition, it encourages the estab- I am sure that when Bud stowed his series on the ratings and their enforce- lishment of programs that will punish seabag at the end of his final tour and ment for theater managers and em- adults who knowingly use juveniles to retired from the Navy, he thought his ployees. help commit crimes. This is a key pro- days of hard work, low pay, and gov- It has distributed hundreds of thou- vision, since often adults will use kids ernment service were behind him. sands of brochures through theaters to in crime specifically because they are Nothing could be further from the the public which explains the rating exempt from some of the stiffer pen- truth. As is common with all those who system. alties that apply to adults. enter public service, even more so with It has published weekly bulletins to I have long been a proponent of en- the World War II generation, devotion its members and newspapers on new forcing existing laws. Right now, there to duty and a desire to make a dif- ratings. is little additional penalty for repeat ference was at the core of what made It has published educational articles juvenile offenders. This law provides Bud Nance ‘‘tick’’. I doubt that he hesi- for its members, and it has held indus- for graduated penalties to put some tated for a moment when Senator try-wide meetings twice a year in real teeth into law enforcement. There HELMS called him in 1991 and asked which code enforcement is emphasized. is also a juvenile version of the ‘‘Brady him to become the ‘‘skipper’’ of the Recently, the Motion Picture Asso- bill,’’ which prevents a person con- Senate Foreign Relations Committee. ciation and the National Association of victed of a violent felon of possessing a For the past eight-years, Bud Nance Theater Owners began developing slide firearm. has worked tirelessly to promote presentations for display during inter- Overall, this bill provides $1 billion American foreign policy and he made missions about the ratings. specifically for juvenile crime pro- many important and significant con- The motion picture theater industry grams. It covers everything from edu- tributions to international relations may be the only industry in the coun- cation to intervention. This com- during his tenure as the staff director try which voluntarily turns down mil- prehensive package will make signifi- of the Foreign Relations Committee. lions of dollars in ticket sales to en- cant strides in trying to keep our most Bud, more than most, understood that force a voluntary rating system. We precious commodity, our youth, out of the policy and directives that emanate should all encourage the industry to do harms way. I will be casting my vote in from Congress can have a powerful im- more. But in our rush to judgement, let favor of this bill, and I encourage my pact on the world beyond the Beltway. us remember to consider the facts. colleagues to do the same. He knew from firsthand experience Mr. BURNS. Mr. President, I rise f that there is a tremendous difference today to lend my voice in support of in how the world looks from the Senate the juvenile justice bill currently be- MORNING BUSINESS Chamber and a foxhole in some remote fore the Senate. This is an extensive, Mr. CRAIG. I ask unanimous consent part of the world. The advice and guid- thoughtful approach to try to decrease that the Senate now proceed to a pe- ance that Bud gave Senator HELMS and the juvenile crime rate and to try to riod of morning business, with Sen- other members of the Foreign Rela- intervene in today’s high-risk youth. ators permitted to speak for up to 10 tions Committee was based on a life- I stand before you to tell you that minutes each. time of experience and a world view this is not only an urban problem. In The PRESIDING OFFICER. Without that was unique and insightful. our largest city, Billings, we have objection, it is so ordered. Bud leaves behind many who cared about 80,000 people, small by most f for and admired this man, not the least States’ standards. However, we also of whom is his widow, Mary. I know THE PASSING OF REAR ADMIRAL have gangs. Size and closeness of com- that each of us sends our deepest con- JAMES ‘‘BUD’’ NANCE munity doesn’t innoculate us from the dolences to her, as well as the children effects of our society. Even our tribal Mr. THURMOND. Mr. President, Ad- and grandchildren of the Nances, for population is affected by juvenile miral Bud Nance, the Staff Director of their loss. crime. Youth on our reservations are the Senate Foreign Relations Com- Mr. President, with the passing of being solicited for gang enrollment at mittee, passed away earlier this week Admiral Bud Nance, the Senate has increasingly earlier ages. From Bil- and I rise to pay tribute to him and the lost a dedicated and selfless staffer, the lings to Fort Belknap, from Helena to service he rendered the nation. nation has lost a true patriot, and Havre, from Gallatin to Glasgow to Few others amassed the impressive many of us—especially JESSE HELMS— Great Falls, no area of the state is im- record of public service that Bud did. have lost a good friend. I join my friend mune from the problem of juvenile de- He served the United States during from North Carolina in mourning this linquency. This bill finally tries to pro- times of war and during times of peace, man, and I wish Admiral James ‘‘Bud’’ vide a focused approach to both reach and none can challenge that he was a Nance fair winds and following seas on today’s youth and to prosecute violent man who loved the nation and who his final voyage. criminals. worked to protect her interests, secu- f I would like to say that I agree and rity, and most importantly, citizens. support all provisions of this bill. How- Born 77-years-ago in the ‘‘Tarheel IN MEMORY OF MEG GREENFIELD ever, like most major legislation, there State’’, Bud Nance became involved in Mr. DASCHLE. Mr. President, Meg are some minor issues that cause me public service at an early age, attend- Greenfield has just passed away. concern. But what we are really trying ing and graduating from the United On behalf of all colleagues in the to do here is to intervene early in a States Naval Academy. It was 1944 Senate, our hearts go out to the fam- youth’s criminal career. By stopping when Bud Nance became an ensign, and ily, to all of those who were so close to the spree early, we prevent a lifetime World War II was still a year away Meg over these years. There are few gi- of crime and create a contributing from ending, so the young officer was ants in journalism who have the stand- member of society. posted to the Battleship North Caro- ing stature and the extraordinary in- Let me highlight why this bill is so lina where he began what was to be a fluence that Meg Greenfield has had drastically different from any previous long and illustrious career. Though through the years.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5260 CONGRESSIONAL RECORD — SENATE May 13, 1999 Her contribution to journalism has she spoke of her interest in others. I which reflects a doubling of the debt— been legendary. Her contribution to have never once during her long illness an increase of almost $3 trillion— her country through journalism has heard her complain about her illness, $2,813,160,283,470.74 (Two trillion, eight been extraordinary. It has been our but rather she would talk of others. hundred thirteen billion, one hundred good fortune to follow her leadership in This was an extraordinary woman sixty million, two hundred eighty- journalism, to be guided by her wis- who left much earlier than she should three thousand, four hundred seventy dom, and certainly to be influenced by have left this Earth, but she left behind dollars and seventy-four cents) during her good judgment on many, many oc- a legacy of the truest of profes- the past 10 years. casions over these extraordinary dec- sionalism and one that will be missed. f ades which she has been involved. Mr. HATCH. Mr. President, let me DEATH OF HOLLY SELF I express my condolences to her fam- say a few words also about Meg Green- DRUMMOND ily and say farewell to someone who field. This was an extraordinary jour- has made an extraordinary impact on nalist, an extraordinary person, a per- Mr. THURMOND. Mr. President, our country and on her profession. son who anybody would have to look up South Carolina recently lost one of its I yield the floor. to. most prominent citizens, Holly Self Mr. KENNEDY. Mr. President, I want I remember as a young conservative Drummond, who was known and ad- to join with Senator DASCHLE in ex- meeting with her. She was fair and de- mired by many throughout the Pal- pressing our heartfelt thoughts to the cent to me. It just about meant every- metto State. members of her family. Meg Greenfield thing to me that she would take time ‘‘Miss Holly’’ passed away at the age put up an extraordinary fight against to discuss some of the great issues of of 77, and though she led a full life, her cancer for a very long period of time the day with me. death still came too soon. Each of us and did so with incredible bravery and I have inestimable respect for her. who knew Holly Drummond remember extraordinary elegance, style, and My sympathy and the sympathy of my her as a vibrant, outgoing, and gra- class. wife Elaine goes out to her family. cious lady who was a pillar of her com- For the past two decades, she was the They have real reason to be very proud munity and an individual who em- editor of the editorial page at The of her. She set standards of journalism bodied all that is good about the Washington Post, and in her long and that were very high. What pleased me South. This was a woman who distinguished brilliant career, the editorial page set is that even though I know she dis- herself in many ways throughout her an unsurpassed standard of excellence agreed with me on a number of issues, life. She was active in any number of on all the great issues of the day in the she was very fair, very frank, and very organizations that made her commu- nation’s foreign and domestic policy. decent when we discussed them. She nity and our State better places to She earned a Pulitzer Prize and many went out of her way to make me feel live. She served as a member of the other honors during her outstanding welcomed. South Carolina Palmetto Cabinet; the career. For a quarter century, her ex- Whether you agree or disagree with Greenwood Woman’s Club; the traordinary columns in Newsweek the Washington Post—I personally be- Sasanqua Garden Club of Ninety Six; Magazine were a consistent voice of in- lieve it is one of the greatest news- and, on the Board of Visitors of Win- sight and reason that we looked for- papers in America—for her to rise to throp University and Piedmont Tech- ward to and learned from. the pinnacle of her profession in that nical College. She was also active in I had the opportunity to visit her great newspaper and to make sure that her local church, and of course, was a just about 2 weeks ago. She was always the editorial page and other aspects fixture at the State House where her immensely understanding and respect- she worked with in the Washington able husband has served for many ful of the political process. She ad- Post were done with integrity and de- years. Her contributions truly bene- mired those who were part of the polit- cency always impressed me. fited others and served as an example ical process in the finest sense, and be- We will miss her. Our love and affec- of civic mindedness that others strove lieved that those who were really com- tion and hearts go out to the family. to emulate. mitted to public life could make a dif- She deserves the respect of everybody Holly Drummond’s passing is sad- ference in our society. in this body, and, frankly, many, dening for many reasons. My grief is She was a hopeful, idealistic person many, more throughout the country. deepened for this woman was a loyal who wrote with great clarity, great Mr. LAUTENBERG. Mr. President, supporter, and more importantly, a eloquence, and great passion about the our sympathies go out to the family of valued friend. I had known Holly for state of our nation. She established a Meg Greenfield. She was, indeed, an ex- more years than I can remember, and high standard by which political lead- traordinary person, a thoughtful and her family was well known to me. ers of both parties could try to meas- brilliant writer and reporter. Mr. President, Holly Self ure themselves. f Drummond’s passing leaves a tremen- She made an extraordinary difference THE VERY BAD DEBT BOXSCORE dous void not only in the town of with her life. She had scores of friends Greenwood and the State House of and was highly regarded and respected Mr. HELMS. Mr. President, at the South Carolina, but in the lives of the in her business. To those who knew her close of business yesterday, Wednes- many men and women who called her and respected her, she was a giant in day, May 12, 1999, the Federal debt ‘‘friend.’’ Holly Drummond will not the writing press. A graduate of Smith stood at $5,578,150,283,470.74 (Five tril- soon be forgotten, and I am certain College, Meg Greenfield became one of lion, five hundred seventy-eight bil- that all those who knew her would join the greatest women and greatest jour- lion, one hundred fifty million, two me in sending condolences to her fam- nalists or our time, and we will miss hundred eighty-three thousand, four ily. her very much. hundred seventy dollars and seventy- f Mr. LEAHY. Mr. President, my col- four cents). leagues have spoken about Meg Green- One year ago, May 12, 1998, the Fed- DERAILING NBC’S ATOMIC TRAIN field. I also want to echo their senti- eral debt stood at $5,491,841,000,000 Mr. CRAIG. Mr. President, scare tac- ments. (Five trillion, four hundred ninety-one tics may boost your ratings, but they I think what was most amazing about billion, eight hundred forty-one mil- won’t do much for your credibility—es- her was not just her great talent, her lion). pecially when you advertise fiction as ability to write, her extraordinary Five years ago, May 12, 1994, the Fed- fact. This weekend, NBC will air a breadth of knowledge and interest, but eral debt stood at $4,577,406,000,000 miniseries that is so far from plausible to watch her, especially in the last few (Four trillion, five hundred seventy- it is indeed laughable. The plot for this months, when ravaged by disease, she seven billion, four hundred six million). hyped up film revolves around a horri- continued that same interest. She con- Ten years ago, May 12, 1989, the Fed- fying nuclear accident stemming from tinued her work. eral debt stood at $2,764,990,000,000 (Two the transportation of nuclear weapons When you spoke with her or saw her, trillion, seven hundred sixty-four bil- and hazardous waste on a train from she never spoke about her own illness; lion, nine hundred ninety million) California to Idaho.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5261 Could this really happen, as the net- velop the safest route possible and no- rural African Americans and 31% of work originally advertised? Should you tify all emergency responders of ship- rural Hispanics. 22.4% of rural children be staying up late at night to worry if ment dates, routes, and even parking live in poverty. your daily commute will include a ren- areas. Such shipments will become a Health insurance coverage is also a dezvous with spilled nuclear waste and routine matter in the years ahead. problem. In 1996, only 53.7% of resi- Rob Lowe? Unfortunately, this movie INEEL celebrates its 50th Anniver- dents in rural areas had private health only perpetuates Hollywood’s warped sary this year, and was the birthplace insurance and in 1996 about 10.5 million depiction of all things nuclear. Because of harnessing the atom for electrical rural residents were uninsured. Medi- of past hype, Americans envision nu- generation. Close to twenty percent of care beneficiaries are more likely than clear waste as a glowing green mass our electricity comes from nuclear en- the general population to reside in causing human and environmental ergy, and remains one of the safest en- rural areas. Medicare spends less on meltdown on contact—not unlike the ergy sources our country has available. rural beneficiaries than on urban bene- demise of the Wicked Witch of the Yes, nuclear waste requires special ficiaries and Medicaid covered only West in the The Wizard of Oz. However, handling and precautions, but so do all 45% of the rural poor. The government nothing could be farther from the of the chemical and industrial waste has a responsibility to rural commu- truth. byproducts of our vibrant economy. nities and a responsibility to support If and when Hollywood comes out Due to the outcry over NBC’s, ‘‘this the safety net upon which so many with another ‘‘scary’’ nuclear waste could really happen,’’ trailer, the rural communities depend. film, they might remember a few les- broadcasting company has made the Before coming to the Senate, I was a sons NBC forgot. First of all, nuclear wise decision to pull the ads, make last heart-lung transplant surgeon. In that weapons are not transported by train, minute script changes to fix some of capacity, much of my time was spent nor are they ever armed en route. They the more blatant inaccuracies, and working with rural health care pro- are moved by specially crafted 18- post a disclaimer at the beginning of viders who were caring for trauma vic- wheelers with the latest security and the movie. Yes, this is a piece of fic- tims eligible for organ donation. I safety technologies and armed Federal tion, and it is predictable that Holly- spent many late nights flying to re- agents. Even if an accident should wood would stray far from the truth, mote areas to harvest organs for trans- occur, U.S. nuclear weapons are all de- but it is downright irresponsible of the plantation elsewhere in the country. In signed to survive without detonation if network to create mass hysteria to this situation, I entered into their jolted or engulfed in flames. boost ratings. I can only hope that fu- communities and worked side-by-side The plot of Atomic Train originally ture films will promote a more intel- with rural hospitals, and their physi- depicted the mutual transportation of ligent plot line. cians, nurses, and other health profes- both a nuclear weapon and nuclear f sionals. These providers do an excellent waste, but NBC has changed any ref- job. However they work under very dif- erences to nuclear waste in the movie PROMOTING HEALTH IN RURAL ficult conditions and require special at- to ‘‘hazardous’’ waste. Wrong again. AREAS ACT OF 1999 tention to their particular needs. Federal regulations prohibit hazardous Mr. FRIST. Mr. President, I rise to To address the unique attributes of waste and nuclear waste from traveling speak in support of S.980, the ‘‘Pro- the health needs of the rural areas of along with nuclear weapons. moting Health in Rural Areas Act of America, I joined my colleagues in in- Secondly, nuclear waste is not green, 1999,’’ which my colleagues and I on the troducing this important legislation. glowing, or horrific to look at and Senate Rural Health Caucus introduced The Promoting Health in Rural Areas great care is taken in its transpor- on May 6,1999. Act of 1999 contains a number of provi- tation. Spent nuclear fuel is solid, irra- There is no single issue that unites sions designed to enhance rural health. diated uranium oxide pellets encased in rural Americans more than access to There are provisions in the legisla- metal tubes and is non-explosive. It is quality health care. It is one of the tion to assist rural hospitals. For ex- transported in metal casks which will most important components of good ample, our bill reinstates the Medicare survive earthquakes, train collision quality of life in rural areas. The abil- Dependent Hospital program which ex- and derailment, highway accident or ity to receive high quality health care pired last year. This special designa- fire. keeps people in and attracts them to tion directs special Medicare payments To give credit where credit is due, small towns. Good health care services to eligible hospitals. Medicare Depend- the movie’s trailer was right on one in a community can be both a source of ent Hospitals include rural hospitals count—nuclear waste is transported far great pride and security and many that are not Sole Community Hos- more frequently than most Americans times local hospitals are a commu- pitals, have 100 or fewer beds, and at realize. This is because the threat to nity’s largest employer. least 60% Medicare patient discharges both public and environmental health But some of that security is being or days. The bill also protects the Sole has been minimized by stringent safety threatened. Access to health care in Community Hospitals program which protocols and close to 34 years of fine rural areas can be problematic. Dis- aids hospitals in remote areas that tuning. The possibility of radioactive tances are greater. Some hospitals serve as the sole hospital in an area. materials harming the public en route have closed. There are fewer choices of There are also provisions to expand is slim to none. Since 1965, more than health plans than in urban areas. The wage index reclassification. This 2,500 shipments of spent nuclear fuel ‘‘Promoting Health in Rural Areas Act means that hospitals in areas that are have been transported safely through- of 1999’’ will help to improve access for classified as rural can apply to use an out the U.S. without injury or environ- rural citizens, increase payments to urban wage index if they can show that mental consequences from radioactive providers in rural areas, and bring in- their wages are similar to prevailing materials. That’s a pretty good track novative technologies to rural areas. wages in urban areas. The provision record to go on. Approximately 20 percent of the na- would also direct the Health Care Fi- Materials contaminated by radiation tion’s population, or more than 50 mil- nancing Agency (HCFA) to establish are also transported across the coun- lion people, live in rural America. How- separate wage indices for home health try. In fact, the first shipment of trans- ever, the rural population is dispropor- agencies and skilled nursing facilities uranic nuclear waste was safely and tionately poor, experiences signifi- so that their payments will be fairer uneventfully transported from Idaho’s cantly higher rates of chronic illness and more accurate. own National Engineering and Envi- and disability, and is aging faster than This bill would exclude Critical Ac- ronmental Laboratory (INEEL) to the the nation as a whole. In rural areas, cess Hospitals, Medicare Dependent Waste Isolation Pilot Plant (WIPP) in the elderly account for 18% of the pop- Hospitals, and Sole Community Hos- Carlsbad, New Mexico last month. It ulation. pitals from the new Medicare out- was carried in DOE certified containers Poverty is more widespread in rural patient prospective payment system and tracked by satellite during the areas and in 1995 the poverty rate was (PPS) when it is implemented. The 1,400 mile trip. The Western Governors 15.6% there. Poverty was especially HCFA analysis has shown that these Association worked for years to de- high in minorities—affecting 35% of primarily small, rural hospitals would

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5262 CONGRESSIONAL RECORD — SENATE May 13, 1999 be disproportionately impacted by the imbursement for residents at 1996 lev- States, together with an accompanying outpatient PPS as proposed. els. This was detrimental to rural report; which was referred to the Com- The bill would improve Medicare areas. These changes will allow for the mittee on Banking, Housing, and payments to rural health clinics and training of more physicians in rural Urban Affairs. allow HCFA to institute a prospective areas To the Congress of the United States: payment system. Medicare currently Mr. President, I am pleased that S. In accordance with the requirements pays Rural Health Clinics for their rea- 980 would enhance telemedicine and of section 809 of the Housing and Com- sonable costs up to a per-encounter cap telehealth. Under the Balanced Budget munity Development Act of 1974, as of $60.40. The equivalent cap for Feder- Act of 1997, Medicare has begun to pay amended (12 U.S.C. 1701j–2(j)), I trans- ally Qualified Health Center services, for telemedicine consultations for pa- mit herewith the annual report of the which was set using more recent data tients living in rural areas that are National Institute of Building Sciences and a different methodology, is signifi- designated as Health Professional for fiscal year 1997. cantly higher ($80.62). S. 980 updates Shortage Areas (HPSAs). The Pro- WILLIAM J. CLINTON. the methodology used to calculate the moting Health in Rural Areas Act THE WHITE HOUSE, May 13, 1999. per-encounter cap, which will improve would: (1) allow anything currently payments to rural health clinics. covered by Medicare to be reimbursed; f There are provisions in the legisla- (2) expand eligibility for telemedicine MESSAGES FROM THE HOUSE tion to enhance choice of health plans reimbursement to include all rural in rural areas. The payment formula areas; and (3) state definitively that At 2:08 p.m., a message from the for Medicare+Choice plans, as revised the referring physician need not be House of Representatives, delivered by in the Balanced Budget Act of 1997 present at the time of the telehealth Mr. Hays, one of its reading clerks, an- (BBA), contains substantial changes service, and clarify that any health nounced that the House has passed the designed to lessen the variance in pay- care practitioner, acting on instruc- following bill, in which it requests the ments to health plans among geo- tions from the referring physician or concurrence of the Senate: graphic areas over time. Today, Medi- practitioner, may present the patient H.R. 775. An act to establish procedures for care payments vary county to county to the consulting physician. civil actions brought for damages relating to the failure of any device or system to process by more than 350% because they had In addition, the bill would formally been tied to historical charges. This is or otherwise deal with the transition from authorize an existing group of Cabinet the year 1999 to the year 2000, and for other not a true reflection of the cost of de- level and private sector members and purposes. livering health care and in fact penal- instruct them to focus on identifying, f izes rural areas with historically poor monitoring, and coordinating federal access to quality care. Therefore, S.980 telehealth projects. The provisions also MEASURES REFERRED adjusts the payment formulas for authorize the development a grant/loan The following bill was referred the Medicare+Choice plans to help rural program for telemedicine activities in Committee on Armed Services, pursu- areas attract private health plans. rural areas. ant to section 3(b) of Senate Resolution Attracting health professionals to Mr. President, this bill was developed rural areas, and having them remain in 400, Ninety-fourth Congress, for a pe- by the Senate Rural Health Caucus, of riod not to exceed thirty days of ses- the those communities, has been an on- which I am a member. I am proud of going problem. But access to high qual- sion: the provisions directed towards rural S. 1009. A bill to authorize appropriations ity medical care is improved when health care providers and the benefits there is an adequate supply of practi- for fiscal year 2000 for intelligence and intel- they will have for the citizens of rural ligence-related activities of the United tioners who remain in the community. communities. States Government, the Community Man- S. 980 improves the likelihood of at- This bill sends a strong message to agement Account, and the Central Intel- tracting and retaining health care pro- rural America: Washington cares about ligence Agency Retirement and Disability fessionals in rural areas. S. 980 in- your problems and wants to help en- System, and for other purposes. creases payments to practitioners serv- sure access to quality health care. This f ing in Health Professional Shortage is accomplished by strengthening the MEASURES PLACED ON THE Areas (HPSAs) and assists rural com- Medicare program and by making the CALENDAR munities with recruiting efforts. Spe- newest technology available to rural cifically a 10% bonus will be paid to areas. The following bill was read the first physician assistants and nurse practi- and second times and placed on the cal- f tioners for outpatient services provided endar: in these areas. Our bill also assists MESSAGES FROM THE PRESIDENT H.R. 775. An act to establish procedures for with recruitment of health profes- Messages from the President of the civil actions brought for damages relating to sionals to serve rural areas. Currently United States were communicated to the failure of any device or system to process a community is not allowed to recruit or otherwise deal with the transition from the Senate by Mr. Williams, one of his and hire a practitioner until the one the year 1999 to the year 2000, and for other secretaries. being replaced has left. No longer purposes. EXECUTIVE MESSAGES REFERRED would a community have to lose the f practitioner, before the recruitment As in executive session the Presiding process could begin. In addition, tui- Officer laid before the Senate messages EXECUTIVE REPORTS OF tion benefits provided as scholarships from the President of the United COMMITTEE through the National Health Service States submitting sundry nominations The following executive reports of Corps, would not be treated as taxable which were referred to the appropriate committees were submitted: income. These changes help ensure committees. By Mr. HELMS, for the Committee on For- that trained health care professionals (The nominations received today are eign Relations: are accessible to seniors and individ- printed at the end of the Senate pro- Treaty Doc. 105–1(A) Amended Mines Pro- uals with disabilities living in rural ceedings.) tocol (Exec. Rept. 106–2). areas. f TEXT OF THE COMMITTEE-RECOMMENDED The bill also makes changes to assist RESOLUTION OF ADVICE AND CONSENT with training of physicians in rural REPORT OF THE ANNUAL REPORT Resolved (two-thirds of the Senators present hospitals. S.980 would allow rural hos- OF THE NATIONAL INSTITUTE concurring therein), pitals to get credit for residents who OF BUILDING SCIENCES FOR FIS- SECTION 1. SENATE ADVICE AND CONSENT SUB- spend time training outside a hospital CAL YEAR 1997—MESSAGE FROM JECT TO A RESERVATION, UNDER- THE PRESIDENT—PM 28 STANDINGS, AND CONDITIONS. and in rural health clinics. It would The Senate advises and consents to the also allow hospitals with only one resi- The PRESIDING OFFICER laid be- ratification of the Amended Mines Protocol dency program to add up to three resi- fore the Senate the following message (as defined in section 5 of this resolution), dents to their limit. BBA froze the re- from the President of the United subject to the reservation in section 2, the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5263 understandings in section 3, and the condi- (B) a trip-wired hand grenade shall be con- ment of Defense and the Department of tions in section 4. sidered a ‘‘booby-trap’’ under Article 2(4) of State have expanded their humanitarian SEC. 2. RESERVATION. the Amended Mines Protocol and shall not demining programs to train and assist the The Senate’s advice and consent to the be considered a ‘‘mine’’ or an ‘‘anti-per- personnel of other countries in developing ef- ratification of the Amended Mines Protocol sonnel mine’’ under Article 2(1) or Article fective demining programs. is subject to the reservation, which shall be 2(3), respectively; and (3) LIMITATION ON THE SCALE OF ASSESS- included in the United States instrument of (C) none of the provisions of the Amended MENT.— ratification and shall be binding upon the Mines Protocol, including Article 2(5), ap- (A) LIMITATION ON ASSESSMENT FOR COST OF President, that the United States reserves plies to hand grenades other than trip-wired IMPLEMENTATION.—Notwithstanding any pro- the right to use other devices (as defined in hand grenades. vision of the Amended Mines Protocol, and Article 2(5) of the Amended Mines Protocol) (7) NON-LETHAL CAPABILITIES.—The United subject to the requirements of subparagraphs to destroy any stock of food or drink that is States understands that nothing in the (B) and (C), the portion of the United States judged likely to be used by an enemy mili- Amended Mines Protocol may be construed annual assessed contribution for activities tary force, if due precautions are taken for as restricting or affecting in any way non-le- associated with any conference held pursu- the safety of the civilian population. thal weapon technology that is designed to ant to Article 13 of the Amended Mines Pro- temporarily disable, stun, signal the pres- tocol may not exceed $1,000,000. SEC. 3. UNDERSTANDINGS. ence of a person, or operate in any other (B) RECALCULATION OF LIMITATION.— The Senate’s advice and consent to the fashion, but not to cause permanent inca- (i) IN GENERAL.—On January 1, 2000, and at ratification of the Amended Mines Protocol pacity. 3-year intervals thereafter, the Adminis- is subject to the following understandings, (8) INTERNATIONAL TRIBUNAL JURISDIC- trator of General Services shall prescribe an which shall be included in the United States TION.—The United States understands that amount that shall apply in lieu of the instrument of ratification and shall be bind- the provisions of Article 14 of the Amended amount specified in subparagraph (A) and ing upon the President: Mines Protocol relating to penal sanctions that shall be determined by adjusting the (1) UNITED STATES COMPLIANCE.—The refer to measures by the authorities of last amount applicable under that subpara- United States understands that— States Parties to the Protocol and do not au- graph to reflect the percentage increase by (A) any decision by any military com- thorize the trial of any person before an which the Consumer Price Index for the pre- mander, military personnel, or any other international criminal tribunal. The United ceding calendar year exceeds the Consumer person responsible for planning, authorizing, States shall not recognize the jurisdiction of Price Index for the calendar year three years or executing military action shall only be any international tribunal to prosecute a previously. judged on the basis of that person’s assess- United States citizen for a violation of the (ii) CONSUMER PRICE INDEX DEFINED.—In ment of the information reasonably avail- Protocol or the Convention on Conventional this subparagraph, the term ‘‘Consumer able to the person at the time the person Weapons. Price Index’’ means the last Consumer Price planned, authorized, or executed the action (9) TECHNICAL COOPERATION AND ASSIST- Index for all-urban consumers published by under review, and shall not be judged on the ANCE.—The United States understands that— the Department of Labor. basis of information that comes to light (A) no provision of the Protocol may be (C) ADDITIONAL CONTRIBUTIONS REQUIRING after the action under review was taken; and construed as affecting the discretion of the CONGRESSIONAL APPROVAL.— (B) Article 14 of the Amended Mines Pro- United States to refuse assistance or to re- (i) AUTHORITY.—Notwithstanding subpara- tocol (insofar as it relates to penal sanc- strict or deny permission for the export of graph (A), the President may furnish addi- tions) shall apply only in a situation in equipment, material, or scientific or techno- tional contributions for activities associated which an individual— logical information for any reason; and with any conference held pursuant to Article (i) knew, or should have known, that his (B) the Amended Mines Protocol may not 13 of the Amended Mines Protocol which action was prohibited under the Amended be used as a pretext for the transfer of weap- would otherwise be prohibited under sub- Mines Protocol; ons technology or the provision of assistance paragraph (A) if— (ii) intended to kill or cause serious injury to the military mining or military counter- (I) the President determines and certifies to a civilian; and mining capabilities of a State Party to the in writing to the appropriate committees of (iii) knew or should have known, that the Protocol. Congress that the failure to make such con- person he intended to kill or cause serious SEC. 4. CONDITIONS. tributions would seriously affect the na- injury was a civilian. The Senate’s advice and consent to the tional interest of the United States; and (2) EFFECTIVE EXCLUSION.—The United ratification of the Amended Mines Protocol (II) Congress enacts a joint resolution ap- States understands that, for the purposes of is subject to the following conditions, which proving the certification of the President Article 5(6)(b) of the Amended Mines Pro- shall be binding upon the President: under subclause (I). tocol, the maintenance of observation over (1) PURSUIT DETERRENT MUNITION.— (ii) STATEMENT OF REASONS.—Any certifi- avenues of approach where mines subject to (A) UNDERSTANDING.—The Senate under- cation made under clause (i) shall be accom- that Article are deployed constitutes one ac- stands that nothing in the Amended Mines panied by a detailed statement setting forth ceptable form of monitoring to ensure the ef- Protocol restricts the possession or use of the specific reasons therefor and the specific fective exclusion of civilians. the Pursuit Deterrent Munition, which is in activities associated with any conference (3) HISTORIC MONUMENTS.—The United compliance with the provisions in the Tech- held pursuant to Article 13 of the Amended States understands that Article 7(1)(i) of the nical Annex. Mines Protocol to which the additional con- Amended Mines Protocol refers only to a (B) CERTIFICATION.—Prior to deposit of the tributions would be applied. limited class of objects that, because of their United States instrument of ratification, the (4) UNITED STATES AUTHORITY FOR TECH- clearly recognizable characteristics and be- President shall certify to the Committee on NICAL COOPERATION AND ASSISTANCE.—Not- cause of their widely recognized importance, Armed Services and the Committee on For- withstanding any provision of the Amended constitute a part of the cultural or spiritual eign Relations of the Senate and to the Mines Protocol, no funds may be drawn from heritage of peoples. Speaker of the House of Representatives that the Treasury of the United States for any (4) LEGITIMATE MILITARY OBJECTIVES.—The the Pursuit Deterrent Munition shall con- payment or assistance (including the trans- United States understands that an area of tinue to remain available for use by the fer of in-kind items) under Article 11 or Arti- land itself can be a legitimate military ob- United States Armed Forces at least until cle 13(3)(d) of the Amended Mines Protocol jective for the purpose of the use of land- January 1, 2003, unless an effective alter- without statutory authorization and appro- mines, if its neutralization or denial, in the native to the munition becomes available. priation by United States law. circumstances applicable at the time, offers (C) EFFECTIVE ALTERNATIVE DEFINED.—For (5) FUTURE NEGOTIATION OF WITHDRAWAL a military advantage. purposes of subparagraph (B), the term ‘‘ef- CLAUSE.—It is the sense of the Senate that, (5) PEACE TREATIES.—The United States fective alternative’’ does not mean a tactic in negotiations on any treaty containing an understands that the allocation of respon- or operational concept in and of itself. arms control provision, United States nego- sibilities for landmines in Article 5(2)(b) of (2) HUMANITARIAN DEMINING ASSISTANCE.— tiators should not agree to any provision the Amended Mines Protocol does not pre- The Senate makes the following findings: that would have the effect of prohibiting the clude agreement, in connection with peace (A) UNITED STATES EFFORTS.—The United United States from withdrawing from the treaties or similar arrangements, to allocate States contributes more than any other arms control provisions of that treaty in a responsibilities under that Article in a man- country to the worldwide humanitarian timely fashion in the event that the supreme ner that respects the essential spirit and demining effort, having expended more than national interests of the United States have purpose of the Article. $153,000,000 on such efforts since 1993. been jeopardized. (6) BOOBY-TRAPS AND OTHER DEVICES.—For (B) DEVELOPMENT OF DETECTION AND CLEAR- (6) LAND MINE ALTERNATIVES.—Prior to the the purposes of the Amended Mines Protocol, ING TECHNOLOGY.—The Department of De- deposit of the United States instrument of the United States understands that— fense has undertaken a program to develop ratification, the President shall certify to (A) the prohibition contained in Article improved mine detection and clearing tech- Congress that— 7(2) of the Amended Mines Protocol does not nology and has shared this improved tech- (A) the President, in pursuing alternatives preclude the expedient adaptation or adapta- nology with the international community. to United States anti-personnel mines or tion in advance of other objects for use as (C) EXPANSION OF UNITED STATES HUMANI- mixed anti-tank systems, will not limit the booby-traps or other devices; TARIAN DEMINING PROGRAMS.—The Depart- types of alternatives to be considered on the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5264 CONGRESSIONAL RECORD — SENATE May 13, 1999 basis of any criteria other than those speci- vices, together with its Technical Annex, as of payment under the medicare program for fied in subparagraph (B); and adopted at Geneva on May 3, 1996 (contained pap smear laboratory tests; to the Com- (B) in pursuit of alternatives to United in Senate Treaty Document 105-1). mittee on Finance. States anti-personnel mines, or mixed anti- (2) CFE FLANK DOCUMENT.—The term ‘‘CFE By Mr. FEINGOLD (for himself and Mr. tank systems, the United States shall seek Flank Document’’ means the Document BINGAMAN): to identify, adapt, modify, or otherwise de- Agreed Among the States Parties to the S. 1035. A bill to establish a program to velop only those technologies that— Treaty on Conventional Armed Forces in Eu- provide grants to expand the availability of (i) are intended to provide military effec- rope (CFE) of November 19, 1990, done at Vi- public health dentistry programs in medi- tiveness equivalent to that provided by the enna on May 31, 1996 (Treaty Document 105– cally underserved areas, health professional relevant anti-personnel mine, or mixed anti- 5). shortage areas, and other Federally-defined tank system; and (3) CONVENTION ON CONVENTIONAL WEAP- areas that lack primary dental services; to (ii) would be affordable. ONS.—The term ‘‘Convention on Conven- the Committee on Health, Education, Labor, (7) CERTIFICATION WITH REGARD TO INTER- tional Weapons’’ means the Convention on and Pensions. ODD NATIONAL TRIBUNALS.—Prior to the deposit of Prohibitions or Restrictions on the Use of By Mr. KOHL (for himself, Mr. D , the United States instrument of ratification, Certain Conventional Weapons Which May and Mr. ROCKEFELLER): S. 1036. A bill to amend parts A and D of the President shall certify to Congress that, be Deemed to be Excessively Injurious or to title IV of the Social Security Act to give with respect to the Amended Mines Protocol, Have Indiscriminate Effects, done at Geneva States the option to pass through directly to the Convention on Conventional Weapons, or on October 10, 1980 (Senate Treaty Document a family receiving assistance under the tem- any future protocol or amendment thereto, 103–25). porary assistance to needy families program the United States shall not recognize the ju- (4) UNITED STATES INSTRUMENT OF RATIFICA- all child support collected by the State and risdiction of any international tribunal over TION.—The term ‘‘United States instrument the option to disregard any child support the United States or any of its citizens. of ratification’’ means the instrument of that the family receives in determining a (8) TACTICS AND OPERATIONAL CONCEPTS.—It ratification of the United States of the family’s eligibility for, or amount of, assist- is the sense of the Senate that development, Amended Mines Protocol. ance under that program; to the Committee adaptation, or modification of an existing or f on Finance. new tactic or operational concept, in and of By Mrs. BOXER: itself, is unlikely to constitute an acceptable INTRODUCTION OF BILLS AND S. 1037. A bill to amend the Toxic Sub- alternative to anti-personnel mines or mixed JOINT RESOLUTIONS stances Control Act to provide for a gradual anti-tank systems. The following bills and joint resolu- reduction in the use of methyl tertiary butyl (9) FINDING REGARDING THE INTERNATIONAL tions were introduced, read the first ether, and for other purposes; to the Com- HUMANITARIAN CRISIS.—The Senate finds mittee on Environment and Public Works. that— and second time by unanimous con- By Mr. GRASSLEY (for himself, Mr. (A) the grave international humanitarian sent, and referred as indicated: KERREY, Mr. CONRAD, and Mr. crisis associated with anti-personnel mines By Mr. HATCH: DASCHLE): has been created by the use of mines that do S. 1028. A bill to simplify and expedite ac- S. 1038. A bill to amend the Internal Rev- not meet or exceed the specifications on de- cess to the Federal courts for injured parties enue Code of 1986 to exempt small issue tectability, self-destruction, and self-deacti- whose rights and privileges, secured by the bonds for agriculture from the State volume vation contained in the Technical Annex to United States Constitution, have been de- cap; to the Committee on Finance. the Amended Mines Protocol; and prived by final actions of Federal agencies, By Mr. NICKLES: (B) United States mines that do meet such or other government officials or entities act- S. 1039. A bill for the relief of Renato specifications have not contributed to this ing under color of State law, and for other Rosetti; to the Committee on the Judiciary. problem. purposes; to the Committee on the Judici- By Mr. SHELBY (for himself and Mr. (10) APPROVAL OF MODIFICATIONS.—The Sen- ary. CRAIG): ate reaffirms the principle that any amend- By Mr. COCHRAN (for himself, Mr. S. 1040. A bill to promote freedom, fairness, ment or modification to the Amended Mines KENNEDY, Mr. LEVIN, and Mr. VOINO- and economic opportunity for families by reducing the power and reach of the Federal Protocol other than an amendment or modi- VICH): establishment; to the Committee on Fi- fication solely of a minor technical or ad- S. 1029. A bill to amend title III of the Ele- nance. ministrative nature shall enter into force mentary and Secondary Education Act of By Mr. FRIST: with respect to the United States only pur- 1965 to provide for digital education partnerships; to the Committee on Health, Edu- S. 1041. A bill to amend title 38, United suant to the treaty-making power of the States Code, to permit certain members of President, by and with the advice and con- cation, Labor, and Pensions. By Mr. ENZI (for himself and Mr. the Armed Forces not currently partici- sent of the Senate, as set forth in Article II, pating in the Montgomery GI Bill edu- THOMAS): section 2, clause 2 of the Constitution of the cational assistance program to participate in United States. S. 1030. A bill to provide that the conveyance by the Bureau of Land Management of that program, and for other purposes; to the (11) FURTHER ARMS REDUCTIONS OBLIGA- Committee on Veterans’ Affairs. TIONS.—The Senate declares its intention to the surface estate to certain land in the State of Wyoming in exchange for certain By Mrs. HUTCHISON (for herself, Mr. consider for approval an international agree- BREAUX, Mr. DOMENICI, Mr. BINGA- private land will not result in the removal of ment that would obligate the United States MAN, Mr. LOTT, Ms. LANDRIEU, Mr. the land from operation of the mining laws; to reduce or limit the Armed Forces or ar- COCHRAN, Mr. THOMAS, Mr. BROWN- to the Committee on Energy and Natural Re- maments of the United States in a militarily BACK, and Mr. GRAMM): significant manner only pursuant to the sources. S. 1042. A bill to amend the Internal Rev- treaty-making power as set forth in Article By Mr. DURBIN: enue Code of 1986 to encourage domestic oil S. 1031. A bill to amend the National For- II, section 2, clause 2 of the Constitution of and gas production, and for other purposes; est Management Act of 1976 to prohibit the United States. to the Committee on Finance. below-cost timber sales in the Shawnee Na- (12) TREATY INTERPRETATION.—The Senate By Mr. MCCAIN: tional Forest; to the Committee on Agri- affirms the applicability to all treaties of S. 1043. A bill to provide freedom from reg- culture, Nutrition, and Forestry. the constitutionally-based principles of trea- ulation by the Federal Communications By Mr. BROWNBACK (for himself, Mr. ty interpretation set forth in condition (1) of Commission for the Internet; to the Com- HELMS, Mr. BURNS, Mr. ROBERTS, Mr. the resolution of ratification of the INF mittee on Commerce, Science, and Transpor- FITZGERALD, and Mr. LUGAR): Treaty, approved by the Senate on May 27, tation. S. 1032. A bill to permit ships built in for- 1988, and condition (8) of the resolution of By Mr. KENNEDY: eign countries to engage in coastwise trade ratification of the CFE Flank Document, ap- S. 1044. A bill to require coverage for in the transport of certain products; to the proved by the Senate on May 14, 1997. colorectal cancer screenings; to the Com- Committee on Commerce, Science, and mittee on Health, Education, Labor, and (13) PRIMACY OF THE UNITED STATES CON- Transportation. Pensions. STITUTION.—Nothing in the Amended Mines By Mrs. FEINSTEIN: By Mr. CHAFEE (for himself, Mr. BAU- Protocol requires or authorizes the enact- S. 1033. A bill to amend title IV of the So- ment of legislation, or the taking of any CUS, Mr. GRASSLEY, Mr. ROCKE- cial Security Act to coordinate the penalty FELLER, Mr. BREAUX, Mr. KERREY, other action, by the United States that is for the failure of a State to operate a State prohibited by the Constitution of the United and Mr. ROBB): child support disbursement unit with the al- S. 1045. A bill to amend the Internal Rev- States, as interpreted by the United States. ternative penalty procedure for failures to enue Code of 1986 to impose an excise tax on SEC. 5. DEFINITIONS. meet data processing requirements; to the persons who acquire structured settlement As used in this resolution: Committee on Finance. payments in factoring transactions, and for (1) AMENDED MINES PROTOCOL OR PRO- By Mr. AKAKA (for himself, Ms. other purposes; to the Committee on Fi- TOCOL.—The terms ‘‘Amended Mines Pro- SNOWE, Mrs. MURRAY, and Ms. COL- nance. tocol’’ and ‘‘Protocol’’ mean the Amended LINS): By Mr. REED: Protocol on Prohibitions or Restrictions on S. 1034. A bill to amend title XVIII of the S. 1046. A bill to amend title V of the Pub- the Use of Mines, Booby-Traps and Other De- Social Security Act to increase the amount lic Health Service Act to revise and extend

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5265 certain programs under the authority of the Senator LANDRIEU, other supporters of end. The first is to provide private Substance Abuse and Mental Health Services the bill, and myself, were unsuccessful property owners claiming a violation of Administration, and for other purposes; to last Congress in passing this much the Fifth Amendment’s Taking Clause the Committee on Health, Education, Labor, needed bill, property owners of Utah, some certainty as to when they may and Pensions. and, indeed, of all of our States, still file the claim in federal court. This is By Mr. MURKOWSKI (for himself and Mr. BINGAMAN) (by request): feel the heavy hand of the government accomplished by addressing the proce- S. 1047. A bill to provide for a more com- erode their right to hold and enjoy pri- dural hurdles of the ripeness and ab- petitive electric power industry, and for vate property. To make matters worse, stention doctrines which currently pre- other purposes; to the Committee on Energy many of these property owners often vent them from having fair and equal and Natural Resources. are unable to safeguard their rights be- access to federal court. The bill defines S. 1048. A bill to provide for a more com- cause they effectively are denied access when a final agency decision has oc- petitive electric power industry, and for to federal courts. Our bill was designed curred for purposes of meeting the ripe- other purposes; to the Committee on Fi- to rectify this problem. Let me ex- ness requirement and prohibits a fed- nance. plain. eral judge from abstaining from or re- By Mr. MURKOWSKI: In a society based upon the ‘‘rule of S. 1049. A bill to improve the administra- linquishing jurisdiction when the case tion of oil and gas leases on Federal land, law,’’ the ability to protect property does not allege any violation of a state and for other purposes; to the Committee on and other rights is of paramount im- law, right, or privilege. Thus, the bill Energy and Natural Resources. portance. Indeed, it was Chief Justice serves as a vehicle for overcoming fed- S. 1050. A bill to amend the Internal Rev- John Marshall, who in the seminal 1803 eral judicial reluctance to review enue Code of 1986 to provide incentives for case of Marbury v. Madison, observed takings claims based on the ripeness gas and oil producers, and for other purposes; that the ‘‘government of the United and abstention doctrines. to the Committee on Finance. States has been emphatically termed a The second provision clarifies the ju- By Mr. MURKOWSKI (for himself and government of laws, and not of men. It risdiction between the Court of Federal Mr. BINGAMAN) (by request): will cease to deserve this high appella- Claims in Washington, D.C., and the re- S. 1051. A bill to amend the Energy Policy gional federal district courts over fed- and Conservation Act to manage the Stra- tion, if the laws furnish no remedy for tegic Petroleum Reserve more effectively, the violation of a vested right.’’ eral Fifth Amendment takings claims. and for other purposes; to the Committee on Despite this core belief of John Mar- The ‘‘Tucker Act,’’ which waives the Energy and Natural Resources. shall and other Founders, the ability of sovereign immunity of the United By Mr. MURKOWSKI (for himself, Mr. property owners to vindicate their States by granting the Court of Fed- AKAKA, and Mr. BINGAMAN): rights in court today is being frus- eral Claims jurisdiction to entertain S. 1052. A bill to implement further the Act trated by localities which sometimes monetary claims against the United (Public Law 94–241) approving the Covenant create labyrinths of administrative States, actually complicates the abil- to Establish a Commonwealth of the North- hurdles that property owners must ity of a property owner to vindicate ern Mariana Islands in Political Union with the right to just compensation for a the United States of America, and for other jump through before being able to purposes; to the Committee on Energy and bring a claim in Federal court to vindi- government action that has caused a Natural Resources. cate their federal constitutional rights. taking. The law currently forces a property owner to elect between equi- f They are also hampered by the overlapping and confusing jurisdiction of the table relief in the federal district court SUBMISSION OF CONCURRENT AND Court of Federal Claims and the federal and monetary relief in the Court of SENATE RESOLUTIONS district courts over Fifth Amendment Federal Claims. Further difficulty The following concurrent resolutions property rights claims. CAJA seeks to arises when the law is used by the gov- and Senate resolutions were read, and remedy these situations. ernment to urge dismissal in the dis- referred (or acted upon), as indicated: The purpose of the bill is, therefore, trict court on the ground that the By Mr. FITZGERALD (for himself, Mr. at its root, primarily one of fostering plaintiff should seek just compensation GRASSLEY, Mr. ROBERTS, and Mr. fundamental fairness and simple jus- in the Court of Federal Claims, and is ASHCROFT): tice for the many millions of Ameri- used to urge dismissal in the Court of S. Res. 101. A resolution expressing the cans who possess or own property. Federal Claims on the ground that sense of the Senate on agricultural trade ne- Many citizens who attempt to protect plaintiff should first seek equitable re- gotiations; to the Committee on Finance. their property rights guaranteed by the lief in the district court. By Mr. LOTT: Fifth Amendment of the Constitution This division between law and equity S. Res. 102. A resolution appointing Patri- are barred from the doors of the federal is archaic and results in burdensome cia Mack Bryan as Senate Legal Counsel; delays as property owners who seek considered and agreed to. courthouse. In situations where other than Fifth both types of relief are ‘‘shuffled’’ from f Amendment property rights are sought one court to the other to determine STATEMENTS ON INTRODUCED to be enforced—such as First Amend- which court is the proper forum for re- BILLS AND JOINT RESOLUTIONS ment rights, for example—aggrieved view. The bill resolves this matter by By Mr. HATCH: parties generally file in a single federal simply giving both courts concurrent S. 1028. A bill to simplify and expe- forum to obtain the full range of rem- jurisdiction over takings claims, thus dite access to the Federal courts for in- edies available to litigants to make allowing both legal and equitable relief jured parties whose rights and privi- them whole. In property rights cases, to be granted in a single forum. I must emphasize that the bill does leges, secured by the United States property owners may have to file in not create any substantive rights. The Constitution, have been deprived by different courts for different types of definition of property, as well as what final actions of Federal agencies, or remedies. This is expensive and waste- ful. constitutes a taking under the Just other government officials or entities Moreover, unlike situations where Compensation Clause of the Fifth acting under color of State law, and for other constitutional rights are sought Amendment, is left to the courts to de- other purposes; to the Committee on to be enforced, property owners seek- fine. The bill would not change existing the Judiciary. ing to enforce their Fifth Amendment case law’s ad hoc, case-by-case defini- CITIZENS ACCESS TO JUSTICE ACT OF 1999 rights must first exhaust all state rem- tion of regulatory takings. Instead, it Mr. HATCH. Mr. President, I am edies with the result that they may would provide a procedural fix to the pleased today to introduce the ‘‘Citi- have to wait for over a decade before litigation muddle that delays and in- zens Access to Justice Act of 1999,’’ or their rights are allowed to be vindi- creases the cost of litigating a Fifth CAJA. More precisely, I am reintro- cated in federal court—if they get Amendment taking case. All the bill ducing the same bill that was voted out there at all. CAJA addresses this prob- does is to provide for fair procedures to of the Judiciary Committee last Con- lem of providing property owners fair allow property owners the means to gress, but was a victim of a filibuster access to federal courts to vindicate safeguard their rights by having their by the left. their federal constitutional rights. day in court. Why am I doing this? Some may say Let me be more specific. The bill has Mr. President, I am very well aware that it is fruitless. But even though two main provisions to accomplish this that this bill has been opposed by the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5266 CONGRESSIONAL RECORD — SENATE May 13, 1999 Department of Justice, many local- bill which passed out of the Senate Ju- (C) forces a property owner, who seeks just ities, some interstate governmental as- diciary Committee last year. We met compensation from the Federal Government, sociations, and certain environmental with city mayors, representatives of to elect between equitable relief in the dis- local governmental organizations, at- trict court and monetary relief (the value of groups. I believe that there concerns the property taken) in the United States that the bill would hinder local prerog- torneys generals, and religious groups, Court of Federal Claims; atives and significantly increase the to name just a few. (D) is used to urge dismissal in the district amount of federal litigation are highly We held group meetings and asked court in complaints against the Federal Gov- overstated. The bill is carefully drafted for suggestions and changes to the bill ernment, on the ground that the plaintiff to ensure that aggrieved property own- which would alleviate opposition and should seek just compensation in the Court ers must first seek solutions on the concerns. These changes are incor- of Federal Claims; local or state level before filing a fed- porated in the present bill. These (E) is used to urge dismissal in the Court of changes by and large alleviate munici- Federal Claims in complaints against the eral claim. It just sets a limit on how Federal Government, on the ground that the many procedures localities may inter- palities’ concerns that the bill would become a vehicle for frivolous and plaintiff should seek equitable relief in dispose. trict court; and Moreover, I seriously doubt that novel suits. They remove any incentive (F) forces a property owner to first pay to there will be a rush of new litigation, the bill may have for property owners litigate an action in a State court, before a as some have contended, flooding fed- to file specious suits against localities. Federal judge can decide whether local gov- eral courts. That there will be no sig- They foster negotiations to resolve ernment has denied property rights safe- problems. And, they recognize the guarded by the United States Constitution; nificant increase was the conclusion of (4) property owners cannot fully vindicate the nonpartisan Congressional Budget right of the states and localities to abate nuisances without having to pay property rights in one lawsuit and their Office in its study of last year’s bill. claims may be time barred in a subsequent It is extremely difficult to prove a compensation. But I am under no illusion. I under- action; takings claim, and this bill does not in (5) property owners should be able to fully stand that many localities still oppose any way redefine what constitutes a recover for a taking of their private property the bill. The process that we so fruit- taking. These claims are also expensive in one court; fully began last year should be contin- to bring. Paradoxically, localities’ need (6) certain provisions of section 1346 and ued. It is my hope that groups sup- 1402 and chapter 91 of title 28, United States to defend federal actions may be less- porting property rights and those lo- Code (commonly known as the Tucker Act) ened by the bill because localities al- calities and governmental entities that should be amended, giving both the district ready must litigate property rights oppose the bill should meet as soon as courts of the United States and the Court of claims on federal ripeness grounds, practicable. Let each side discuss their Federal Claims jurisdiction to hear all claims relating to property rights in com- which take years to resolve. problems and concerns. I believe—in Let me restate this. By providing plaints against the Federal Government; the best tradition of American prag- (7) section 1500 of title 28, United States certainty on the ripeness issue, the bill matic know how—that a solution to may very well reduce litigation costs Code, which denies the Court of Federal this problem can be worked out. Claims jurisdiction to entertain a suit which to localities. Substantive takings The bill I introduce today is a model. is pending in another court and made by the claims, unless they are likely to pre- But it is a model that can be improved. same plaintiff, should be repealed; vail on the merits, are simply too hard I assure all those concerned that we (8) Federal and local authorities, through to prove and too expensive to bring in will consider all reasonable suggested complex, costly, repetitive and unconstitu- federal court. And the issue of ripeness changes to the bill. After all, it is not tional permitting, variance, and licensing procedures, have denied property owners will have been removed by the bill pride of authorship that is important. from the already crowded court dock- their fifth and fourteenth amendment rights What is important, instead, is a viable under the United States Constitution to the ets. solution to a vexing and unfair prob- use, enjoyment, and disposition of, and ex- Mr. President, it is interesting to lem. clusion of others from, their property, and to note that once many state officials, lo- Mr. President, I ask unanimous con- safeguard those rights, there is a need to de- calities, and state and trade organiza- sent that the entire text of the bill be termine what constitutes a final decision of tions really examine the measure, inserted in the RECORD. an agency in order to allow claimants the many become the bill’s supporters. There being no objection, the bill was ability to protect their property rights in a court of law; Those supporting the bill and increased ordered to be printed in the RECORD, as vigilance in the property rights arena (9) a Federal judge should decide the mer- follows: its of cases where a property owner seeks re- include the Governors of Tennessee, S. 1028 dress solely for infringements of rights safe- Wisconsin, New Mexico, and North Da- Be it enacted by the Senate and House of guarded by the United States Constitution, kota. Representatives of the United States of America and where no claim of a violation of State They also include the American Leg- in Congress assembled, law is alleged; and islative Exchange Council, which rep- SECTION 1. SHORT TITLE. (10) certain provisions of sections 1343, 1346, resents over 3000 state legislators, and This Act may be cited as the ‘‘Citizens Ac- and 1491 of title 28, United States Code, trade groups such as America’s Com- cess to Justice Act of 1999’’. should be amended to clarify when a claim munity Bankers, the National Mort- SEC. 2. FINDINGS. for redress of constitutionally protected Congress finds that— property rights is sufficiently ripe so a Fed- gage Association of America, the Na- (1) property rights have been abrogated by eral judge may decide the merits of the alle- tional Association of Home Builders, the application of laws, regulations, and gations. the National Association of Realtors, other actions by all levels of government SEC. 3. PURPOSES. and the National Federation of Inde- that adversely affect the value and the abil- The purposes of this Act are to— pendent Businesses, the organ of small ity to make reasonable use of private prop- (1) establish a clear, uniform, and efficient business in the United States. They erty; judicial process whereby aggrieved property also include agricultural interests such (2) certain provisions of sections 1346 and owners can obtain vindication of property as the American Farm Bureau, the 1402 and chapter 91 of title 28, United States rights guaranteed by the fifth and fourteenth Code (commonly known as the Tucker Act), amendments to the United States Constitu- American Forest and Paper Associa- that delineate the jurisdiction of courts tion and this Act; tion, the National Cattlemen’s Beef As- hearing property rights claims, frustrate the (2) amend the Tucker Act, including the re- sociation, and the National Grange. ability of a property owner to obtain full repeal of section 1500 of title 28, United States Just as important, let me point out lief for violation founded upon the fifth and Code; that 133 House sponsors of the last fourteenth amendments of the United States (3) rectify the unduly onerous and expen- year’s House passed bill were former Constitution; sive requirement that an owner of real prop- state and local officeholders. I do not (3) current law— erty, seeking redress under section 1979 of believe that they would have voted for (A) has no sound basis for splitting juris- the Revised Statutes of the United States (42 diction between two courts in cases where U.S.C. 1983) for the infringement of property the bill if the bill would conflict with constitutionally protected property rights rights protected by the fifth and fourteenth local sovereignty. are at stake; amendments of the United States Constitu- Mr. President, we have bent over (B) adds to the complexity and cost of tion, is required to first litigate Federal con- backwards trying to accommodate takings and litigation, adversely affecting stitutional issues in a State court before ob- those expressing concerns about the taxpayers and property owners; taining access to the Federal courts;

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5267

(4) provide for uniformity in the applica- (e) APPEALS.—The United States Court of such inability, as defined under applicable tion of the ripeness doctrine in cases where Appeals for the Federal Circuit shall have land use, zoning, and planning law. constitutional rights to use and enjoy real exclusive jurisdiction of any action filed ‘‘(D) Nothing in this paragraph alters the property are allegedly infringed, by pro- under this section, regardless of whether the substantive law of takings of property, in- viding that a final agency decision may be jurisdiction of such action is based in whole cluding the burden of proof borne by the adjudicated by a Federal court on the merits or part under this section. plaintiff.’’. after— (f) STATUTE OF LIMITATIONS.—The statute (2) PENDENCY OF CLAIMS IN OTHER COURTS.— (A) the pertinent government body denies of limitations for any action filed under this (A) IN GENERAL.—Section 1500 of title 28, a meaningful application to develop the land section shall be 6 years after the date of the United States Code is repealed. in question; and taking of private property. (B) TECHNICAL AND CONFORMING AMEND- (B)(i) the property owner seeks available (g) ATTORNEYS’ FEES AND COSTS.—In MENT.—The table of sections for chapter 91 of waivers and administrative appeals from issuing any final order in any action filed title 28, United States Code, is amended by such denial; and under this section, the court may award striking out the item relating to section (ii) such waiver or appeal is not approved; costs of litigation (including reasonable at- 1500. and torneys’ fees) to any prevailing plaintiff. (b) DISTRICT COURT JURISDICTION.— (5) confirm the proper role of a State or SEC. 6. JURISDICTION OF UNITED STATES COURT (1) CITIZEN ACCESS TO JUSTICE ACTION.—Sec- territory to prevent land uses that are a nui- OF FEDERAL CLAIMS AND UNITED tion 1346(a) of title 28, United States Code, is sance under applicable law. STATES DISTRICT COURTS. amended by adding after paragraph (2) the SEC. 4. DEFINITIONS. (a) UNITED STATES COURT OF FEDERAL following: In this Act, the term— CLAIMS.— ‘‘(3) Any civil action filed under section 5 (1) ‘‘agency action’’ means any action, in- (1) JURISDICTION.—Section 1491(a) of title of the Citizens Access to Justice Act of action, or decision taken by a Federal agen- 28, United States Code, is amended— 1999.’’. cy or other government agency that at the (A) in paragraph (1) by amending the first (2) UNITED STATES AS DEFENDANT.—Section time of such action, inaction, or decision ad- sentence to read as follows: ‘‘The United 1346 of title 28, United States Code, is amend- versely affects private property rights; States Court of Federal Claims shall have ju- ed by adding at the end the following: (2) ‘‘district court’’— risdiction to render judgment upon any ‘‘(h)(1) Any claim brought under subsection (A) means a district court of the United claim against the United States for mone- (a) to redress the deprivation of a right or States with appropriate jurisdiction; and tary relief founded either upon the Constitu- privilege to use and enjoy real property as (B) includes the United States District tion or any Act of Congress or any regula- secured by the Constitution shall be ripe for Court of Guam, the United States District tion of an executive department or upon any adjudication upon a final decision rendered Court of the Virgin Islands, or the District express or implied contract with the United by the United States, that causes actual and Court for the Northern Mariana Islands; States, in cases not sounding in tort, or for concrete injury to the party seeking redress. (3) ‘‘Federal agency’’ means a department, invalidation of any Act of Congress or any ‘‘(2)(A) For purposes of this subsection, a agency, independent agency, or instrumen- regulation of an executive department under final decision exists if— tality of the United States, including any section 5 of the Citizens Access to Justice ‘‘(i) the United States makes a definitive military department, Government corpora- Act of 1999.’’; decision regarding the extent of permissible tion, Government-controlled corporation, or (B) in paragraph (2) by inserting before the uses on the property that has been allegedly other establishment in the executive branch first sentence the following: ‘‘In any case infringed or taken; and of the United States Government; within its jurisdiction, the Court of Federal ‘‘(ii) one meaningful application as defined (4) ‘‘owner’’ means the owner or possessor Claims shall have the power to grant injunc- by applicable law to use the property has of property or rights in property at the time tive and declaratory relief when appro- been submitted but has not been approved the taking occurs, including when— priate.’’; and within a reasonable time, and the party (A) the statute, regulation, rule, order, (C) by adding at the end the following new seeking redress has applied for one appeal guideline, policy, or action is passed or pro- paragraphs: and one waiver which has not been approved mulgated; or ‘‘(3) In cases otherwise within its jurisdic- within a reasonable time, where the applica- (B) the permit, license, authorization, or tion, the Court of Federal Claims shall also ble law of the United States provides a mech- governmental permission is denied or sus- have supplemental jurisdiction, concurrent anism for appeal to or waiver by an adminis- pended; with the courts designated under section trative agency. (5) ‘‘private property’’ or ‘‘property’’ 1346(b), to render judgment upon any related ‘‘(B)(i) The party seeking redress shall not means all interests constituting property, as tort claim authorized under section 2674. be required to submit any application or defined by Federal or State law, protected ‘‘(4) In proceedings within the jurisdiction apply for any appeal or waiver required under the fifth and fourteenth amendments of the Court of Federal Claims which con- under this section, if the district court deter- to the United States Constitution; and stitute judicial review of agency action mines that such action would be futile. (6) ‘‘taking of private property’’, ‘‘taking’’, (rather than de novo proceedings), the provi- ‘‘(ii) In this subparagraph, the term ‘futile’ or ‘‘take’’ means any action whereby re- sions of section 706 of title 5 shall apply. means the inability of an owner of real prop- stricting the ownership, alienability, posses- ‘‘(5)(A) Any claim brought under this sub- erty to seek or obtain approvals to use such sion, or use of private property is an object section to redress the deprivation of a right real property, and the hardship endured by of that action and is taken so as to require or privilege to use and enjoy real property as such inability, as defined under applicable compensation under the fifth amendment to secured by the Constitution, shall be ripe for land use, zoning, and planning law. the United States Constitution, including by adjudication upon a final decision rendered ‘‘(3) Nothing in this subsection alters the physical invasion, regulation, exaction, con- by the United States, that causes actual and substantive law of takings of property, in- dition, or other means. concrete injury to the party seeking redress. cluding the burden of proof borne by the SEC. 5. PRIVATE PROPERTY ACTIONS. ‘‘(B) For purposes of this paragraph, a final plaintiff.’’. (a) IN GENERAL.—An owner may file a civil decision exists if— (c) DISTRICT COURT CIVIL RIGHTS JURISDIC- action under this section to challenge the ‘‘(i) the United States makes a definitive TION; ABSTENTION.—Section 1343 of title 28, validity of any Federal agency action as a decision regarding the extent of permissible United States Code, is amending by adding violation of the fifth amendment to the uses on real property that has been allegedly at the end the following: United States Constitution in a district infringed or taken; and ‘‘(c) Whenever a district court exercises ju- court or the United States Court of Federal ‘‘(ii) one meaningful application as defined risdiction under subsection (a), the court Claims. by applicable law to use the property has shall not abstain from or relinquish jurisdic- (b) CONCURRENT JURISDICTION.—Notwith- been submitted but has not been approved tion to a State court in an action if— standing any other provision of law and not- within a reasonable time, and the party ‘‘(1) no claim of a violation of a State law withstanding the issues involved, the relief seeking redress has applied for one appeal or privilege is alleged; and sought, or the amount in controversy, the and one waiver which has not been approved ‘‘(2) a parallel proceeding in State court district court and the United States Court of within a reasonable time, where the applica- arising out of the same core of operative Federal Claims shall each have concurrent facts as the district court proceeding is not jurisdiction over both claims for monetary ble law of the United States provides a mech- relief and claims seeking invalidation of any anism for appeal to or waiver by an adminis- pending. Act of Congress or any regulation of a Fed- trative agency. ‘‘(d) A district court that exercises juris- eral agency affecting private property rights. ‘‘(C)(i) The party seeking redress shall not diction under subsection (a) in an action in (c) ELECTION.—The plaintiff may elect to be required to submit any application or which the operative facts concern the uses of file an action under this section in a district apply for any appeal or waiver required real property may abstain where the party court or the United States Court of Federal under this section, if the district court deter- seeking redress— Claims. mines that such action would be futile. ‘‘(1) has not submitted a meaningful appli- (d) WAIVER OF SOVEREIGN IMMUNITY.—This ‘‘(ii) In this subparagraph, the term ‘futile’ cation, as defined by applicable law, to use section constitutes express waiver of the sov- means the inability of an owner of real prop- such real property; and ereign immunity of the United States with erty to seek or obtain approvals to use such ‘‘(2) challenges whether an action of the respect to an action filed under this section. real property, and the hardship endured by applicable locality exceeds the authority

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5268 CONGRESSIONAL RECORD — SENATE May 13, 1999 conferred upon the locality under the appli- determination by the district court that cation Act of 1965 to provide for digital cable zoning or planning enabling statute of such action would be futile. education partnerships; to the Com- the State or territory. ‘‘(ii) In this subparagraph, the term ‘futile’ mittee on Health, Education, Labor ‘‘(e)(1) Where the district court has juris- means the inability of an owner of real prop- diction over an action under subsection (a) erty to seek or obtain approvals to use such and Pensions. in which the operative facts concern the uses real property, and the hardship endured by DIGITAL EDUCATION ACT OF 1999 of real property and which cannot be decided such inability, as defined under applicable Mr. COCHRAN. Mr. President, today without resolution of an unsettled question land use, zoning, and planning law. I am proud to introduce the Digital of State law, the district court may certify ‘‘(3) For purposes of this subsection, a final Education Act, a bill to amend title III the question of State law to the highest ap- decision shall not require the party seeking of the Elementary and Secondary Edu- pellate court of that State. After the State redress to exhaust judicial remedies provided cation Act. I am pleased that the dis- appellate court resolves the question cer- by any State or territory of the United tified to it, the district court shall proceed States. tinguished Senator from Massachu- with resolving the merits. ‘‘(g) Nothing in subsection (c), (d), (e), or setts, Mr. KENNEDY, joins me in intro- ‘‘(2) In making a decision whether to cer- (f) alters the substantive law of takings of ducing this legislation to address some tify a question of State law under this sub- property, including the burden of proof borne critical technology issues and the role section, the district court may consider by the plaintiff.’’. of public broadcasting in education. whether the question of State law— SEC. 7. ATTORNEYS FEES FOR LOCALITIES. This bill expands Ready to Learn, a ‘‘(A) will significantly affect the merits of Section 722(b) of the Revised Statutes (42 program of combined successful efforts the injured party’s Federal claim; and U.S.C. 1988(b)) is amended— in early childhood education. It ex- ‘‘(B) is patently unclear. (1) by striking ‘‘In any action’’ and insert- pands MATHLINE, a proven model of ‘‘(f)(1) Any claim or action brought under ing ‘‘(1) Subject to paragraphs (2) and (3), in section 1979 of the Revised Statutes of the any action’’; and teacher professional development, and United States (42 U.S.C. 1983) to redress the (2) by adding at the end the following: it supports production of new digital deprivation of a right or privilege to use and ‘‘(2) In an action arising under section 1979 educational material. The Digital Edu- enjoy real property as secured by the Con- of the Revised Statutes (42 U.S.C. 1983), cation Act includes innovative applica- stitution shall be ripe for adjudication by where the taking of real property is alleged, tions of progressive technology to pro- the district courts upon a final decision ren- a district court, in its discretion, may hold dered by any person acting under color of mote the best practices in teaching and the party seeking redress liable for a reason- bring up to date information to class- any statute, ordinance, regulation, custom, able attorney’s fee and costs where the or usage, of any State or territory of the rooms throughout the country. takings claim is not substantially justified, The Federal Government, State de- United States, that causes actual and con- unless special circumstances make an award crete injury to the party seeking redress. of such fees unjust. Whether or not the posi- partments of education, local commu- ‘‘(2)(A) For purposes of this subsection, a tion of the party seeking redress was sub- nity businesses, and public television final decision exists if— stantially justified shall be determined on stations have made major investments ‘‘(i) any person acting under color of any the basis of any administrative and judicial in educational technology in recent statute, ordinance, regulation, custom, or record, as a whole, which is made in the dis- usage, of any State or territory of the United years. These investments have focused trict court adjudication for which fees and on network infrastructure and com- States, makes a definitive decision regarding other expenses are sought. the extent of permissible uses on the prop- puter hardware. It is time to invest in ‘‘(3) In an action arising under section 1979 instructional resources that will make erty that has been allegedly infringed or of the Revised Statutes (42 U.S.C. 1983) where taken; the taking of real property is alleged, the these new networks relevant and en- ‘‘(ii)(I) one meaningful application, as de- district court shall decide any motion to dis- sure that students and teachers are fined by applicable law to use the property miss such claim on an expedited basis. Where prepared to benefit fully from the new has been submitted but has not been ap- such a motion is granted and the takings technology. proved within a reasonable time, and the claim is dismissed with prejudice, the non- The Ready To Learn Television pro- party seeking redress has applied for one ap- moving party may be liable for a reasonable peal or waiver which has not been approved gram, first authorized in 1994, has made attorney’s fee and costs at the discretion of a unique contribution to ensure that within a reasonable time, where the applica- the district court, unless special cir- ble statute, ordinance, custom, or usage pro- American children start school ‘‘ready cumstances make an award of such fees un- to learn.’’ The program has funded an vides a mechanism for appeal to or waiver by just.’’. an administrative agency; or unprecedented blending of services, in- SEC. 8. DUTY OF NOTICE TO DEFENDANTS. ‘‘(II) one meaningful application, as de- Section 1979 of the Revised Statutes (42 cluding quality children’s educational fined by applicable law, to use the property U.S.C. 1983) is amended— television programming broadcast by has been submitted but has not been ap- (1) by inserting ‘‘(a)’’ before ‘‘Every per- the Public Broadcasting Service, and a proved within a reasonable time, and the dis- son’’; and approval at a minimum specifies in writing variety of outreach services for par- (2) by adding at the end the following: ents, teachers and other care givers. the range of use, density, or intensity of de- ‘‘(b) A party seeking redress under this sec- velopment of the property that would be ap- Ready to Learn outreach programs tion for a taking of real property without have had tremendous success. Local proved, with any conditions therefor, and the the payment of compensation shall not com- party seeking redress has resubmitted an- mence an action in district court before 60 public television stations that sub- other meaningful application taking into ac- days after the date on which written notice scribe to Ready to Learn provide train- count the terms of the disapproval, except has been given to any potential defendant.’’. ing and other services to parents and that— SEC. 9. DUTY OF NOTICE TO OWNERS. care givers of preschoolchildren. Ready ‘‘(aa) if no such reapplication is submitted, Whenever a Federal agency takes an agen- to Learn has grown from 10 public tele- then a final decision shall not have been cy action limiting the use of private prop- reached for purposes of this subsection, ex- vision stations to 130, reaching ap- erty that may be affected by this Act (in- cept as provided in subparagraph (B); and proximately 94 percent of the country. cluding the amendments made by this Act), ‘‘(bb) if the reapplication is not approved Each month Ready to Learn distrib- the agency shall give notice to the owners of within a reasonable time, or if the reapplica- utes over 35,000 books to children and that property explaining their rights under tion is not required under subparagraph (B), this Act and the procedures for obtaining over 900,000 copies of a custom parent/ then a final decision exists for purposes of any compensation that may be due to them care giver magazine, specifically de- this subsection if the party seeking redress under this Act. signed to integrate programming with has applied for one appeal or waiver with re- reading. Ready to Learn is providing spect to the disapproval, which has not been SEC. 10. RULES OF CONSTRUCTION. approved within a reasonable time, where Nothing in this Act shall be construed to the opportunities for children and par- the applicable statute, ordinance, custom, or interfere with the authority of any State to ents to build that foundation for suc- usage provides a mechanism of appeal or create additional property rights. cess. Over 330,000 parents and child care waiver by an administrative agency; and SEC. 11. EFFECTIVE DATE. professionals have been trained in ‘‘(iii) in a case involving the uses of real This Act shall take effect on the date of using television to encourage reading. enactment of this Act and shall apply to any property, where the applicable statute or or- Using Ready to Learn techniques, dinance provides for review of the case by agency action that occurs on or after such date. these adults have nurtured the reading elected officials, the party seeking redress of 4,331,829 children. has applied for but is denied such review. ‘‘(B)(i) The party seeking redress shall not By Mr. COCHRAN (for himself The Mississippi Educational Network be required to submit any application or re- and Mr. KENNEDY) in my home State, targets outreach application, or apply for any appeal or waiv- S. 1029. A bill to amend title III of services to high poverty populations er as required under this subsection, upon the Elementary and Secondary Edu- who are particularly disadvantaged.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5269 The services include basic lessons in ginia, Wisconsin, and Washington. The International Reading Associa- parenting, developmental benchmarks, These stations can transmit several tion stated in February, ‘‘The most ef- health and nutrition, nurturing lit- programming services simultaneously. fective professional development pro- eracy in the home, and using the tele- New applications include a dedicated grams are those planned by teachers vision programs children watch most channel for early childhood education themselves, based on their assessments to reinforce the lessons. and transmission of Internet accessible of their needs as educators and their The families in these communities supplementary information text and students’ needs as learners.’’ often have no reading material in their video. MATHLINE does just that. It is real house. The first book given to a child Today, children’s programs produced teachers, teaching real students, and by Mississippi Ready to Learn is quite by PBS and individual public broad- passing success on to more teachers. likely to be the first book the child has casting stations are among the tele- The MATHLINE demonstration has ever owned. And, while Ready to Learn vision shows most watched by children worked. is designed for prekindergarten chil- and most used in classrooms. Many Our legislation would authorize the teachers and parents credit these pro- dren, these families may have older New Century Program for Distributed grams for stimulating curiosity, edu- children who may be equally in need. Teacher Professional Development. cating, and encouraging continued The local design of Ready to Learn al- Under this new program, the successful learning through reading and other re- lows the Mississippi director, Cas- MATHLINE model will expand to other sources. The increased funding author- sandra Washington, to tailor her work- core curriculum areas, such as lit- ized in this bill will continue the in- shops and even have a few older child erature, science and social studies. It vestment of Ready to Learn resources books on hand for these families. Ms. will also connect the digitized public in producing commercial-free chil- Washington has been very resourceful broadcasting infrastructure with dig- dren’s programming of the highest edu- in her outreach, finding non-tradi- ital education networks at schools, col- tional places for education, such as the cational quality. Thirty years ago, Federal funding leges and universities throughout the Women Infants and Children Distribu- seeded the creation of Sesame Street. nation. Nearly every teacher in the tion Centers throughout Mississippi This carved out a meaningful place for United States will have access to the where families in need come regularly. educational children’s programming as New Century Program. The International Reading Associa- The third element of our legislation tion stated recently, ‘‘By the time chil- analog public television developed. The Digital Education Act stakes a new would authorize the Digital Education dren are exposed to beginning reading Content Collaborative. As a nation, we instruction in kindergarten and first claim in the technological frontier for children and educational broadcasting have made tremendous progress in the grade, they should have a foundation and will ensure that this reinvention of last decade bringing our schools from that assures them early success. Re- television includes a major education the 19th Century to 21st Century tech- cent studies indicate just how critical component for children from the begin- nologically. However, there is still one those positive early experiences are to ning. major element that needs to be in place cognitive development and lifelong The second element of the Digital to make it all work. That is world- reading.’’ Education Act concerns teacher profes- class educational content that rivals Congressionally authorized and Fed- sional development. In 1994, Congress video games for students’ attention, is erally funded research at the National authorized the ‘‘Telecommunications tied to state standards, which teachers Institutes of Health found that when Demonstration Project for Mathe- seamlessly integrate into daily learn- parents read to their young children, it matics,’’ which has supported a project ing activities. literally stimulates the brain develop- called MATHLINE. Through ment of the children. A recent Univer- Programs distributed by public MATHLINE, PBS has pioneered a new broadcast stations are used by more sity of Alabama study found that model of teacher professional develop- Ready to Learn families: watch 40 per- classroom teachers than any other be- ment, utilizing a blend of technologies, cause of their high quality and rel- cent less television, watch more edu- including online communications and cation-oriented programming, read evance to the curriculum. A survey video, to provide quality resources and commissioned by the Corporation for more often with their children, read services to teachers of mathematics. longer at each sitting, read for more Public Broadcasting in 1997, found that Through public and private funding, 92 percent of teachers use videos to im- educational and informational pur- PBS MATHLINE developed The Ele- poses, and took their children to librar- prove their lessons and public broad- mentary School Math Project for casting programs were the highest ies and bookstores more often than teachers, grades K–5; The Middle others. rated. However, single channel analog School Math Project for teachers, distribution limited station services to Using the best research tested infor- grades 5–8; The High School Math mation available, Ready To Learn has a few hours per day of linear video Project: Focus on Algebra for teachers, broadcasts. driven the development of two major, grades 7–12; and The Algebraic Think- Digital broadcasting will dramati- commercial-free broadcast series for ing Math Project for teachers, grades cally increase and improve the types of young children. The first, ‘‘Dragon 3–8. Tales,’’ will begin airing this fall and Over 5,000 math teachers in 40 States services local public broadcasting sta- will be integrated with carefully de- and the District of Columbia have par- tions can offer schools. One of the most signed home and school resources to ticipated in MATHLINE. These innova- exciting is the ability to broadcast develop reading skills in young chil- tive teaching techniques have taught multiple video channels and data infor- dren. more than 1.3 million students. mation simultaneously. A vast library The Digital Education Act will build Three separate external evaluators of instructional video materials could on the early successes of Ready to have certified that MATHLINE is mak- be distributed on full time, continuous Learn. It will authorize funding to in- ing a positive impact on the way teach- channels and it could be available on crease station grants, produce new out- ers teach. For example, an evaluation demand, when teachers and students reach and training activities, and gen- of the Middle School Math Project by need it. Digitally produced programs erate more services for parents and Rockman, et al. found, ‘‘The impact of will allow local stations broadcast care givers, so that more children start PBS MATHLINE is clear. It has influ- flexibility and new interactive content school truly ready to learn. enced how teachers see themselves and that matches state standards and fits The Digital Education Act provides helped them create a powerful and en- local curriculums. for the demonstration of early child- riching mathematics environment in As Members of the United States hood education digital applications their classrooms * * * The gap between Senate, working to reauthorize the with public television stations that are belief and performance is narrowing programs our elementary and sec- technologically ready. Currently, there * * * The combination of viewing, com- ondary schools depend upon, we are are digital broadcast public television municating, and doing seems to have also looking for successful models that stations in Mississippi, Massachusetts, resulted in substantive changes in lead to true educational reform and im- Missouri, Oregon, Pennsylvania, Vir- teaching.’’ provement.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5270 CONGRESSIONAL RECORD — SENATE May 13, 1999 The Digital Education Act takes the cial-free broadcast programs for young chil- ‘‘(10) Demand for Ready To Learn Tele- best of educational technology pro- dren that are of the highest possible edu- vision Program outreach and training has in- graming; improves those proven to cational quality. Program funding has also creased dramatically, with the base of par- work; and places renewed confidence in been used to create hundreds of valuable in- ticipating Public Broadcasting Service mem- education’s most trusted and success- terstitial program elements that appear be- ber stations growing from a pilot of 10 sta- tween national and local public television tions to nearly 130 stations in 5 years. ful content development partners. programs to provide developmentally appro- ‘‘(11) Federal policy played a crucial role in Mr. President, I am proud to be asso- priate messages to children and caregiving the evolution of analog television by funding ciated with the public broadcasting advice to parents. the television program entitled ‘Sesame community, and I am proud of their ‘‘(5) Through the Nation’s 350 local public Street’ in the 1960’s. Federal policy should commitment to our earliest learners. I television stations, these programs and pro- continue to play an equally crucial role for hope more Senators will join us in sup- gramming elements reach tens of millions of children in the digital television age. porting this important education legis- children, their parents, and caregivers with- ‘‘SEC. 3302. READY-TO-LEARN. lation. out regard to their economic circumstances, ‘‘(a) IN GENERAL.—The Secretary is author- Mr. President, I ask unanimous con- location, or access to cable. In this way, pub- ized to award grants to or enter into consent that a copy of the bill be printed lic television is a partner with Federal pol- tracts or cooperative agreements with eligible entities described in section 3303(b) to de- in the RECORD. icy to make television an instrument, not an velop, produce, and distribute educational There being no objection, the bill was enemy, of preschool children’s education and early development. and instructional video programming for ordered to be printed in the RECORD, as preschool and elementary school children follows: ‘‘(6) The Ready to Learn Television Pro- gram extends beyond the television screen. and their parents in order to facilitate the S. 1029 Funds from the Ready to Learn Television achievement of the National Education Be it enacted by the Senate and House of Rep- Program have funded thousands of local Goals. ‘‘(b) AVAILABILITY.—In making such resentatives of the United States of America in workshops organized and run by local public grants, contracts, or cooperative agree- Congress assembled, television stations, almost always in associa- SECTION 1. SHORT TITLE. ments, the Secretary shall ensure that eligi- tion with local child care training agencies ble entities make programming widely avail- This Act may be cited as the ‘‘Digital Edu- or early childhood development profes- cation Act of 1999’’. able, with support materials as appropriate, sionals, to help child care professionals and to young children, their parents, childcare SEC. 2. REVISION OF PART C OF TITLE III. parents learn more about how to use tele- workers, and Head Start providers to in- Part C of title III of the Elementary and vision effectively as a developmental tool. crease the effective use of such program- Secondary Education Act of 1965 (20 U.S.C. These workshops have trained more than ming. 6921 et seq.) is amended to read as follows: 320,000 parents and professionals who, in ‘‘SEC. 3303. EDUCATIONAL PROGRAMMING. ‘‘PART C—READY-TO-LEARN DIGITAL turn, serve and support over 4,000,000 chil- ‘‘(a) AWARDS.—The Secretary shall award TELEVISION dren across the Nation. grants, contracts, or cooperative agreements ‘‘SEC. 3301. FINDINGS. ‘‘(7)(A) The Ready to Learn Television Pro- under section 3302 to eligible entities to— ‘‘Congress makes the following findings: gram has published and distributed millions ‘‘(1) facilitate the development directly, or ‘‘(1) In 1994, Congress and the Department of copies of a quarterly magazine entitled through contracts with producers of children collaborated to make a long-term, meaning- ‘PBS Families’ that contains— and family educational television program- ful and public investment in the principle ‘‘(i) developmentally appropriate games ming, of— that high-quality preschool television pro- and activities based on Ready to Learn Tele- ‘‘(A) educational programming for pre- gramming will help children be ready to vision programming; school and elementary school children; and learn by the time the children entered first ‘‘(ii) parenting advice; ‘‘(B) accompanying support materials and grade. ‘‘(iii) news about regional and national ac- services that promote the effective use of ‘‘(2) The Ready to Learn Television Pro- tivities related to early childhood develop- such programming; gram through the Public Broadcasting Serv- ment; and ‘‘(2) facilitate the development of program- ice (PBS) and local public television stations ‘‘(iv) information about upcoming Ready ming and digital content especially designed has proven to be an extremely cost-effective to Learn Television activities and programs. for nationwide distribution over public tele- national response to improving early child- ‘‘(B) The magazine described in subpara- vision stations’ digital broadcasting chan- hood development and helping parents, care- graph (A) is published 4 times a year and dis- nels and the Internet, containing Ready to givers, and professional child care providers tributed free of charge by local public tele- Learn-based children’s programming and re- learn how to use television as a means to vision stations in English and in Spanish sources for parents and caregivers; and help children learn, develop, and play cre- (PBS para la familia). ‘‘(3) enable eligible entities to contract atively. ‘‘(8) Because reading and literacy are cen- with entities (such as public telecommuni- ‘‘(3) Independent research shows that par- tral to the ready to learn principle Ready to cations entities and those funded under the ents who participate in Ready to Learn Learn Television stations also have received Star Schools Act) so that programs devel- workshops are more critical consumers of and distributed millions of free age-appro- oped under this section are disseminated and television and their children are more active priate books in their communities as part of distributed— viewers. A University of Alabama study the Ready to Learn Television Program. (A) to the widest possible audience appro- showed that parents who had attended a Each station receives a minimum of 200 priate to be served by the programming; and Ready to Learn workshop read more books books each month for free local distribution. (B) by the most appropriate distribution and stories to their children and read more Some stations are now distributing more technologies. minutes each time than nonattendees. The than 1,000 books per month. Nationwide, ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to parents did more hands-on activities related more than 300,000 books are distributed each receive a grant, contract, or cooperative to reading with their children. The parents year in low-income and disadvantaged neigh- agreement under subsection (a), an entity engaged in more word activities and for more borhoods free of charge. shall be— minutes each time. The parents read less for ‘‘(9) In 1998, the Public Broadcasting Serv- ‘‘(1) a public telecommunications entity entertainment and more for education. The ice, in association with local colleges and that is able to demonstrate a capacity for parents took their children to libraries and local public television stations, as well as the development and national distribution of bookstores more than nonattendees. For par- the Annenberg Corporation for Public Broad- educational and instructional television pro- ents, participating in a Ready to Learn casting Project housed at the Corporation gramming of high quality for preschool and workshop increases their awareness of and for Public Broadcasting, began a pilot pro- elementary school children; and interest in educational dimensions of tele- gram to test the formal awarding of a Cer- ‘‘(2) able to demonstrate a capacity to con- vision programming and is instrumental in tificate in Early Childhood Development tract with the producers of children’s tele- having their children gain exposure to more through distance learning. The pilot is based vision programming for the purpose of devel- educational programming. Moreover, 6 on the local distribution of a 13-part video oping educational television programming of months after participating in Ready to courseware series developed by Annenberg high quality for preschool and elementary Learn workshops, parents who attended gen- Corporation for Public Broadcasting and school children. erally had set rules for television viewing by WTVS Detroit entitled ‘The Whole Child’. ‘‘(c) CULTURAL EXPERIENCES.—Program- their children. These rules related to the Louisiana Public Broadcasting, Kentucky ming developed under this section shall re- amount of time the children were allowed to Educational Television, Maine Public Broad- flect the recognition of diverse cultural ex- watch television daily, the hours the chil- casting, and WLJT Martin, Tennessee, work- periences and the needs and experiences of dren were allowed to watch television, and ing with local and State regulatory agencies both boys and girls in engaging and pre- the tasks or chores the children must have in the childcare field, have participated in paring young children for schooling. accomplished before the children were al- the pilot program with a high level of suc- ‘‘SEC. 3304. DUTIES OF SECRETARY. lowed to watch television. cess. The certificate program is ready for na- ‘‘The Secretary is authorized— ‘‘(4) The Ready to Learn (RTL) Television tionwide application using the Public Broad- ‘‘(1) to award grants, contracts, or coopera- Program is supporting and creating commer- casting Service’s Adult Learning Service. tive agreements to eligible entities described

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5271 in section 3303(b), local public television sta- ‘‘(1) the programming that has been devel- classrooms. This approach allows teachers to tions, or such public television stations that oped directly or indirectly by the eligible en- update their skills on their own schedules are part of a consortium with 1 or more tity, and the target population of the pro- through video, while providing online inter- State educational agencies, local edu- grams developed; action with peers and master teachers to re- cational agencies, local schools, institutions ‘‘(2) the support materials that have been inforce that learning. This integrated, self- of higher education, or community-based or- developed to accompany the programming, paced approach breaks down the isolation of ganizations of demonstrated effectiveness, and the method by which such materials are classroom teaching while making standards- for the purpose of— distributed to consumers and users of the based best practices available to all partici- ‘‘(A) addressing the learning needs of programming; pants. young children in limited English proficient ‘‘(3) the means by which programming de- ‘‘(2) MATHLINE was developed specifically households, and developing appropriate edu- veloped under this section has been distrib- to disseminate the first national voluntary cational and instructional television pro- uted, including the distance learning tech- standards for teaching and learning as devel- gramming to foster the school readiness of nologies that have been utilized to make pro- oped by the National Council of Teachers of such children; gramming available and the geographic dis- Mathematics (NCTM). During 3 years of ac- ‘‘(B) developing programming and support tribution achieved through such tech- tual deployment, more than 5,800 teachers materials to increase family literacy skills nologies; and have participated for at least a full year in among parents to assist parents in teaching ‘‘(4) the initiatives undertaken by the eli- the demonstration. These teachers, in turn, their children and utilizing educational tele- gible entity to develop public-private part- have taught more than 1,500,000 students cu- vision programming to promote school readi- nerships to secure non-Federal support for mulatively. ness; and the development, distribution and broadcast ‘‘(3)(A) In the first 3 years of the ‘‘(C) identifying, supporting, and enhanc- of educational and instructional program- MATHLINE project, the Public Broadcasting ing the effective use and outreach of innova- ming. Service used the largest portion of the funds tive programs that promote school readiness; ‘‘(b) REPORT TO CONGRESS.—The Secretary provided under this part— and shall prepare and submit to the relevant ‘‘(i) to produce video-based models of class- ‘‘(D) developing and disseminating training committees of Congress a biannual report room teaching; materials, including— which includes— ‘‘(ii) to produce and disseminate extensive ‘‘(i) interactive programs and programs ‘‘(1) a summary of activities assisted under accompanying print materials; adaptable to distance learning technologies section 3303(a); and ‘‘(iii) to organize and host professionally that are designed to enhance knowledge of ‘‘(2) a description of the training materials moderated, year-long, online learning com- children’s social and cognitive skill develop- made available under section 3304(1)(D), the munities; and ment and positive adult-child interactions; manner in which outreach has been con- ‘‘(iv) to train the Public Broadcasting and ducted to inform parents and childcare pro- Service stations to deploy MATHLINE in ‘‘(ii) support materials to promote the ef- viders of the availability of such materials, their local communities. In fiscal year 1998, fective use of materials developed under sub- and the manner in which such materials the Public Broadcasting Service added an ex- paragraph (B) among parents, Head Start have been distributed in accordance with tensive Internet-based set of learning tools providers, in-home and center-based daycare such section. for teachers’ use with the video modules and printed materials, and the Public Broad- providers, early childhood development per- ‘‘SEC. 3307. ADMINISTRATIVE COSTS. casting Service expanded the online re- sonnel, elementary school teachers, public ‘‘With respect to the implementation of sources available to teachers through Inter- libraries, and afterschool program per- section 3303, eligible entities receiving a net-based discussion groups and a national sonnel caring for preschool and elementary grant, contract, or cooperative agreement listserv. school children; from the Secretary may use not more than 5 ‘‘(B) To extend Federal funds, the Public ‘‘(2) to establish within the Department a percent of the amounts received under such Broadcasting Service has experimented with clearinghouse to compile and provide infor- section for the normal and customary ex- various fee models for teacher participation, mation, referrals, and model program mate- penses of administering the grant, contract, with varying results. Using fiscal year 1998 rials and programming obtained or developed or cooperative agreement. Federal funds and private money, participa- under this part to parents, child care pro- ‘‘SEC. 3308. DEFINITION. tion in MATHLINE will increase by 10,000 viders, and other appropriate individuals or ‘‘For the purposes of this part, the term MATHLINE scholarships to preservice and entities to assist such individuals and enti- ‘distance learning’ means the transmission inservice teachers. The Public Broadcasting ties in accessing programs and projects of educational or instructional programming Service and its participating member sta- under this part; and to geographically dispersed individuals and tions will distribute scholarships in each ‘‘(3) to coordinate activities assisted under groups via telecommunications. congressional district in the United States, this part with the Secretary of Health and ‘‘SEC. 3309. AUTHORIZATION OF APPROPRIA- with teachers serving disadvantaged popu- Human Services in order to— TIONS. lations given priority for the scholarships. ‘‘(A) maximize the utilization of quality ‘‘(a) IN GENERAL.—There are authorized to ‘‘(4) Independent evaluations indicate that educational programming by preschool and be appropriated to carry out this part, teaching improves and students benefit as a elementary school children, and make such $50,000,000 for fiscal year 2000, and such sums result of the MATHLINE program. programming widely available to federally as may be necessary for each of the 4 suc- ‘‘(5) The MATHLINE program is ready to funded programs serving such populations; ceeding fiscal years. be expanded to reach many more teachers in and ‘‘(b) FUNDING RULE.—Not less than 60 per- more subject areas. The New Century Pro- ‘‘(B) provide information to recipients of cent of the amounts appropriated under sub- gram for Distributed Teacher Professional funds under Federal programs that have section (a) for each fiscal year shall be used Development will link the digitized public major training components for early child- to carry out section 3303.’’. broadcasting infrastructure with education hood development, including programs under networks by working with the program’s dig- the Head Start Act and Even Start, and SEC. 3. REVISION OF PART D OF TITLE III. Part D of title III of the Elementary and ital membership, and Federal and State State training activities funded under the agencies, to expand the successful Child Care Development Block Grant Act of Secondary Education Act of 1965 (20 U.S.C. 6951 et seq.) is amended to read as follows: MATHLINE model. Tens of thousands of 1990, regarding the availability and utiliza- teachers will have access to the New Century ‘‘PART D—THE NEW CENTURY PROGRAM tion of materials developed under paragraph Program for Distributed Teacher Profes- FOR DISTRIBUTED TEACHER PROFES- (1)(D) to enhance parent and child care pro- sional Development, to advance their teach- SIONAL DEVELOPMENT vider skills in early childhood development ing skills and their ability to integrate tech- and education. ‘‘SEC. 3401. FINDINGS. nology into teaching and learning. The New ‘‘SEC. 3305. APPLICATIONS. ‘‘Congress makes the following findings: Century Program for Distributed Teacher ‘‘Each entity desiring a grant, contract, or ‘‘(1) Since 1995, the Telecommunications Professional Development also will leverage cooperative agreement under section 3302 or Demonstration Project for Mathematics (as the Public Broadcasting Service’s historic 3304 shall submit an application to the Sec- established under this part pursuant to the relationships with higher education to im- retary at such time, in such manner, and ac- Improving America’s Schools Act of 1994) (in prove preservice teacher training. companied by such information as the Sec- this section referred to as ‘MATHLINE’) has ‘‘SEC. 3402. PROJECT AUTHORIZED. retary may reasonably require. allowed the Public Broadcasting Service to ‘‘The Secretary is authorized to make ‘‘SEC. 3306. REPORTS AND EVALUATION. pioneer and refine a new model of teacher grants to a nonprofit telecommunications ‘‘(a) ANNUAL REPORT TO SECRETARY.—An professional development for kindergarten entity, or partnership of such entities, for eligible entity receiving funds under section through grade 12 teachers. MATHLINE uses the purpose of carrying out a national tele- 3302 shall prepare and submit to the Sec- video modeling of standards-based lessons, communications-based program to improve retary an annual report which contains such combined with professionally facilitated on- teaching in core curriculum areas. The pro- information as the Secretary may require. line learning communities of teachers, to gram authorized by this part shall be de- At a minimum, the report shall describe the help mathematics teachers from elementary signed to assist elementary school and sec- program activities undertaken with funds re- school through secondary school adopt and ondary school teachers in preparing all stu- ceived under section 3302, including— implement standards-based practices in their dents for achieving State content standards.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5272 CONGRESSIONAL RECORD — SENATE May 13, 1999 ‘‘SEC. 3403. APPLICATION REQUIRED. ‘‘(6) Digital broadcasting can contribute to to the Secretary at such time, in such man- ‘‘(a) IN GENERAL.—Each nonprofit tele- the improvement of schools and student per- ner, and accompanied by such information as communications entity, or partnership of formance as follows: the Secretary may reasonably require. such entities, desiring a grant under this ‘‘(A) Broadcast of multiple video channels ‘‘SEC. 3705. MATCHING REQUIREMENT. part shall submit an application to the Sec- and data information simultaneously. ‘‘An eligible entity receiving a grant under retary. Each such application shall— ‘‘(B) Data can be transmitted along with this part shall contribute to the activities ‘‘(1) demonstrate that the applicant will the video content enabling students to inter- assisted under this part non-Federal match- use the public broadcasting infrastructure act, access additional information, commu- ing funds equal to not less than 100 percent and school digital networks, where available, nicate with featured experts, and contribute of the amount of the grant. Matching funds to deliver video and data in an integrated their own knowledge to the subject. may include funds provided for the transi- service to train teachers in the use of stand- ‘‘(C) Both the video and data can be stored tion to digital broadcasting, as well as in- ards-based curricula materials and learning on servers and made available on demand to kind contributions. technologies; teachers and students. ‘‘SEC. 3706. ADMINISTRATIVE COSTS. ‘‘(2) assure that the project for which as- ‘‘(7) Teachers depend on public television sistance is sought will be conducted in co- ‘‘With respect to the implementation of stations as a primary source of high quality this part, entities receiving a grant under operation with appropriate State edu- video material. The material has not always cational agencies, local educational agen- this part from the Secretary may use not been as accessible or adaptable to the cur- more than 5 percent of the amounts received cies, national, State or local nonprofit public riculum as teachers would prefer. Moreover, telecommunications entities, and national under the grant for the normal and cus- direct student interaction with the material tomary expenses of administering the grant. education professional associations that was difficult. have developed content standards in the sub- ‘‘SEC. 3707. AUTHORIZATION OF APPROPRIA- ‘‘(8) Public television stations and State TIONS. ject areas; networks will soon have the capability of ‘‘(3) assure that a significant portion of the ‘‘There are authorized to be appropriated creating and distributing interactive digital to carry out this part, $25,000,000 for fiscal benefits available for elementary schools and content that can be directly matched to secondary schools from the project for which year 2000, and such sums as may be necessary State standards and available to teachers assistance is sought will be available to for each of the 4 succeeding fiscal years.’’. and students on demand to fit their local schools of local educational agencies which curriculum. Mr. KENNEDY. Mr. President, it is a have a high percentage of children counted ‘‘(9) Interactive digital education content privilege to join Senator COCHRAN in for the purpose of part A of title I; and will be an important component of Federal sponsoring the ‘‘Digital Education Act ‘‘(4) contain such additional assurances as support for States in setting high standards the Secretary may reasonably require. of 1999.’’ I commend him for his leader- and increasing student performance. ‘‘(b) APPROVAL OF APPLICATIONS; NUMBER ship in improving technology for chil- OF SITES.—In approving applications under ‘‘SEC. 3702. DIGITAL EDUCATION CONTENT COL- dren and families, so that more chil- this section, the Secretary shall assure that LABORATIVE. dren come to school ready to learn. the program authorized by this part is con- ‘‘(a) IN GENERAL.—The Secretary is authorized to award grants to or enter into con- In the early 1990’s, Dr. Ernest Boyer, ducted at elementary school and secondary the distinguished former leader of the school sites in at least 15 States. tracts or cooperative agreements with eligible entities described in section 3703(b) to de- Carnegie Foundation, gave compelling ‘‘SEC. 3404. AUTHORIZATION OF APPROPRIA- TIONS. velop, produce, and distribute educational testimony to the Senate Labor Com- ‘‘There are authorized to be appropriated and instructional video programming that is mittee about the appallingly high num- to carry out this part, $20,000,000 for the fis- designed for use by kindergarten through ber of children who enter school with- cal year 2000, and such sums as may be nec- grade 12 schools and based on State stand- out the skills to prepare them for ards. essary for each of the 4 succeeding fiscal learning. Their lack of preparation pre- years.’’. ‘‘(b) AVAILABILITY.—In making the grants, contracts, or cooperative agreements, the sented enormous obstacles to their SEC. 4. ADDITION OF PART F TO TITLE III. Title III of the Elementary and Secondary Secretary shall ensure that eligible entities ability to learn effectively in school, Education Act of 1965 (20 U.S.C. 6801 et seq.) enter into multiyear content development and seriously impaired their long-term is amended by adding at the end the fol- collaborative arrangements with State edu- achievement. lowing: cational agencies, local educational agen- In response, Congress enacted the cies, institutions of higher education, busi- Ready-to-Learn program in 1992, and ‘‘PART F—DIGITAL EDUCATION CONTENT nesses, or other agencies and organizations. COLLABORATIVE two years later its promise was so ‘‘SEC. 3703. EDUCATIONAL PROGRAMMING. ‘‘SEC. 3701. FINDINGS. ‘‘(a) AWARDS.—The Secretary shall award great that we extended it for five ‘‘Congress makes the following findings: grants, contracts, or cooperative agreements years. Because of the Department of ‘‘(1) Over the past several years, both the under this part to eligible entities to— Education and the Corporation for Federal and State governments have made ‘‘(1) facilitate the development of edu- Public Broadcasting, the Ready-to- significant investments in computer tech- cational programming that shall— Learn initiative became an innovative nology and telecommunications in the Na- ‘‘(A) include student assessment tools to tion’s schools. Tremendous progress has been and effective program. By linking the give feedback on student performance; power of television to the world of made in wiring classrooms, equipping the ‘‘(B) include built-in teacher utilization classrooms with multimedia computers, and and support components to ensure that books, many more children have been connecting the classrooms to the Internet. teachers understand and can easily use the enabled to become good readers much ‘‘(2) There is a great need for aggregating content of the programming with group in- more quickly. high quality, curriculum-based digital construction or for individual student use; Many children who enter school tent for teachers and students to easily ac- ‘‘(C) be created for, or adaptable to, State without the necessary basic skills are cess and use in order to meet the State content standards; and soon placed in a remedial program, standards for student performance. ‘‘(D) be capable of distribution through ‘‘(3) Under Federal Communications Com- which is costly for school systems. It is digital broadcasting and school digital net- even more costly, however, for the stu- mission policy, public television stations and works. State networks are mandated to convert ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to dents who face a bleaker future. from analog broadcasting to digital broad- receive a grant, contract, or cooperative Today, by the time they enter school, casting by 2003. agreement under subsection (a), an entity the average child will have watched ‘‘(4) Most local public television stations shall be a local public telecommunications 4,000 hours of television. That is rough- and State networks provide high quality entity as defined by section 397(12) of the ly the equivalent of four years of video programs, and teacher professional de- Communications Act of 1934 that is able to velopment, as a part of their mission to school. demonstrate a capacity for the development For far too many youngsters, this is serve local schools. Programs distributed by and distribution of educational and instruc- public broadcast stations are used by more tional television programming of high qual- wasted time—time consuming ‘‘empty classroom teachers than any other because ity. calories’’ for the brain. Instead, that of their high quality and relevance to the ‘‘(c) COMPETITIVE BASIS.—Grants under this time could be spent reading, writing, curriculum. However analog distribution has part shall be awarded on a competitive basis and learning. Through Ready-to-Learn limited kindergarten through grade 12 serv- as determined by the Secretary. television programming, children can ices to a few hours per day of linear video ‘‘(d) DURATION.—Each grant under this part obtain substantial education benefits shall be awarded for a period of 3 years in broadcasts on a single channel. that turn T.V. time into learning time. ‘‘(5) The new capacity of digital broad- order to allow time for the creation of a sub- casting, can dramatically increase and im- stantial body of significant content. As a result of Ready-to-Learn tele- prove the types of services public broad- ‘‘SEC. 3704. APPLICATIONS. vision, millions of children and fami- casting stations can offer kindergarten ‘‘Each eligible entity desiring a grant lies have access to high-quality tele- through grade 12 schools. under this part shall submit an application vision produced by public television

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5273 stations across the country. Tens of and community-based organizations content and curriculum through video thousands of parents and child-care such as Head Start, Even Start, and and digital programs that will enable providers have learned how to be better the Reach Out & Read Program at Bos- students to meet high state standards. role models, to reinforce learning, and ton Medical Center, Ready-to-Learn Local public telecommunications agen- to be more active participants in chil- trainers are reaching many low-income cies will create the programs, so that dren’s learning from programs funded families with media and literacy infor- teachers can teach more effectively to through Ready-to-Learn. mation. the state standards and assess how well For many low-income families, the In Worcester, the Clark Street Devel- children are learning. workshops, books, and television shows opmental Learning School offers a Again, I commend Senator COCHRAN funded through this program are a family literacy program that uses for his leadership, and I urge my col- vital factor in preparing children to Reading Rainbow or Arthur in every leagues to join us in support of this im- read. These programs help parents and session with families. In addition, the portant legislation, so that many more child-care providers teach children the school has now expanded its efforts to children can come to school ready to basics, preparing them to enter school create an adult literacy center in the learn. ready to learn and ready to succeed. school. Many of the parents involved in Ready-to-Learn provides 6.5 hours of the Ready-to-Learn project now attend By Mr. BROWNBACK (for him- non-violent educational programming the adult education program there. self, Mr. HELMS, Mr. BURNS, Mr. a day. These hours include some of the Similar successes are happening ROBERTS, Mr. FITZGERALD, and best programs available to children, in- across the nation. Since 1994, the spon- Mr. LUGAR): cluding Arthur, Barney & Friends, Mis- sors of Ready-to-Learn workshops have S. 1032. A bill to permit ships built in ter Rogers’ Neighborhood, The Puzzle given away 1.5 million books. Their foreign countries to engage in coast- Place, Reading Rainbow, and Sesame program has grown from 10 television wise trade in the transport of certain Street. stations in 1994 to 130 television sta- products; to the Committee on Com- One of the most successful aspects of tions today. They have conducted over merce, Science, and Transportation. Ready-to-Learn is that it helps parents 8,500 workshops reaching 186,000 par- FREEDOM TO TRANSPORT ACT OF 1999 work more effectively with their chil- ents and 146,000 child care providers, ∑ Mr. BROWNBACK. Mr. President, dren. Parents who participate in who have in turn affected the lives of today I am reintroducing legislation Ready-to-Learn workshops are more over four million children. that will expand capacity and increase thoughtful consumers of television, The ‘‘Digital Education Act of 1999’’ competition within the domestic trans- and their children are more active we are introducing today will continue portation system. This legislation, viewers. These parents have more this high-quality children’s television which will allow foreign built ships to hands-on activities with their children, programming. Equally important, it transport bulk commodities, forest and they read more often with their will take this valuable service into the products, and livestock between U.S. children. They read less often for en- next century through digital tele- ports, will help to expand the overall tertainment, and more often for edu- vision, a powerful resource for deliv- capacity by allowing ship operators to cation. They take their children more ering additional information through expand their fleets through obtaining often to libraries and bookstores. affordable ships. The workshops provided by the television programs. The Digital Education Act will also Currently, Section 27 of the Mer- Ready-to-Learn program are consid- increase the authorization of funds for chant Marine Act of 1920, commonly re- ered the best of their kind. It also Ready-to-Learn programs from $30 mil- ferred to as the Jones Act, requires brings needed literacy services to par- lion to $50 million a year, enabling that merchandise being transported on ents and children at food distribution these programs to reach even more water between U.S. ports travel on U.S. centers, homeless shelters, employ- built, U.S. flagged, and U.S. citizen ment centers, and supermarkets. families and children with these needed owned vessels that are documented by Many of the innovations under services. the Coast Guard for such carriage. The Ready-to-Learn have come from local The Digital Education Act also au- stations. WGBH in Boston is one of the thorizes $20 million for high-quality bill I am introducing today, The Free- nation’s leaders in public broadcasting. teacher professional development. dom to Transport Act of 1999, does not It created the Reading Rainbow, and Building on the success of the seek to repeal the Jones Act. Rather, it Where in the World is Carmen San MATHLINE program, the bill will ex- provides very targeted modification— Diego, which are leaders in educational pand the program to include materials to allow foreign built ships to carry programming across the country. for helping teachers to teach to high bulk cargo in domestic trade. These Last year, WGBH hosted 34 Ready-to- state standards in core subject areas. ships would have to register in the Learn workshops in Massachusetts. Participating stations make the United States and comply with all U.S. 1,100 parents and 265 child-care pro- teachers workshops available through laws, including Jones Act ownership viders and teachers attended. These districts, schools, and even on the and crewing requirements. parents and providers in turn worked teachers’ own television sets. In this The current law makes it infeasible with 3,400 children, who are now better way, at their own pace, and in their for domestic coastwise shipments of prepared to succeed in their schools. own time, teachers can review the ma- agricultural commodities to occur on WGBY of Springfield is the mainstay terials, observe other teachers at work, bulk shipping vessels. This is largely of literacy services for Western Massa- and reflect on their own practices. because the cost of purchasing a ship in chusetts. This station trained 250 home They can consider ways to improve the United States is as much as three day-care providers, who serve 2,500 their teaching, and make adjustments times higher than it can be obtained on children. A video lending library to their own practices. Teachers will the world market. As a result, there makes PBS materials available to also receive essential help in inte- has been little capital infusion into the teachers to use in their classroom. grating technology into their teaching. domestic Jones Act fleet for many Workshop participants receive train- Teachers themselves are very sup- years. As a consequence, the cost of ing on using children’s programs as the portive of the contribution that tele- transport on bulk Jones Act vessels, if starting point for educational activi- vision can make to their classrooms. they are available at all, is prohibi- ties. Participants receive free books. 88% of teachers surveyed in 1997 by the tively high. For some, these are the only books Corporation for Public Broadcasting Agriculture is a pillar to the Kansas they have ever owned. They receive the said that quality television used in the economy, and an efficient transpor- PBS Families magazine, in English or classroom helped them be more cre- tation is critical to American agri- Spanish, and they also receive the ative, 92% said that it helped them be culture. Laws that raise the cost of broadcasting schedules. Each of these more effective in the classroom. conducting business and impede effi- resources builds on the learning that Finally, the Act will create a new cient means for transporting product begins with viewing the PBS programs. ‘‘Digital Education Content Collabo- have a negative impact on farmers Through partnerships with the Mas- rative,’’ with an authorization of $25 around the country, including Kansas. sachusetts Office of Child Care Services million. Its goal is to stimulate quality Moreover, the cost of transporting

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5274 CONGRESSIONAL RECORD — SENATE May 13, 1999 goods is always a proportionately high them, who own them, and who are em- California does not have a computer cost of the delivered product for bulk ployed by industries who buy transpor- system in place by 2002, it will lose commodities, but especially now as tation services. It is a win-win-win-win over $109 million annually in federal grain prices are at the lowest levels proposal. funds. seen in years. Having means to the I hope my colleagues will join me in It is simply unfair to levy a $4 billion most cost-effective and efficient means reducing stifling government regula- penalty against California for not hav- for transporting product is now, more tion and support this important bill.∑ ing a State Disbursement Unit, when than ever, critical to American farm- the State’s failure to establish the unit ers. By Mrs. FEINSTEIN: is a direct result of a computer failure If ocean transportation between U.S. S. 1033. A bill to amend title IV of the for which the State is already being pe- ports were more efficient, more prod- Social Security Act to coordinate the nalized. uct might be delivered to its destina- penalty for the failure of a State to op- The Child Support Penalty Fairness tion by ocean rather than by rail. For erate a State child support disburse- Act would provide that States could example, the poultry and pork pro- ment unit with the alternative penalty not be penalized for failure to develop ducers in the grain deficit southeastern procedure for failures to meet data centralized disbursement units, if they United States could bring in grain by processing requirements; to the Com- are already paying a penalty for com- ocean through the Great Lakes rather mittee on Finance. puter-related problems. than by across the country by railroad. CHILD SUPPORT PENALTY FAIRNESS ACT Under this bill, California would still Since little of this type of trade cur- Mrs. FEINSTEIN. Mr. President, have to pay a significant penalty for rently occurs, this could have the ef- today I am introducing the Child Sup- its computer-related troubles. More- fect of increasing the overall capacity port Penalty Fairness Act. This impor- over, if California gets a statewide of the domestic transportation infra- tant legislation will remedy a flaw in computer system in place, but still structure. That would make more rail- federal child support laws that could fails to operate a centralized disburse- cars available for transport in places cost California $4 billion annually. ment unit, the State would be subject like Kansas, particularly during the On April 30, the Department of to additional severe penalties. This harvest season when there is often a Health and Human Services announced provides powerful incentive for the shortage of available cars. Further- its intent to reject the State of Califor- State to develop both a computer sys- more, more efficient coastwise trans- nia’s plan for child and spousal support tem, and a central disbursement unit, portation would bring down prices for because California does not have a cen- quickly. trade to Hawaii, Puerto Rico, and Alas- tralized ‘‘State Disbursement Unit’’ I believe that this bill is propor- ka, which oftentimes find it less expen- that distributes child support collec- tionate and fair. It will prompt the sive to purchase products from other tions to families. The mandatory pen- State of California to develop a State countries than to pay the inflated costs alty for this failure is loss of all federal Disbursement Unit in a timely fashion, of shipping from the mainland U.S. child support administrative funding, without placing aid to low income chil- I am aware that the maritime indus- which amounts to $300 million a year. dren and families at risk. It is simply try has supported the Jones Act as a In addition, because the 1996 welfare the right thing to do. I hope that my protection of domestic industry for reform law requires states to have an colleagues will take up and pass the many years, and resists any change to approved child support plan in order to Child Support Penalty Fairness Act as the current law. However, despite the receive the Temporary Assistance to quickly as possible. ‘‘protective’’ nature of the Jones Act, Needy Families block grant, California Mr. President, I ask unanimous con- it has protected very little. In the last could lose its entire TANF block grant sent that the full text of the bill be 50 years the merchant marine has lost of $3.7 billion a year. printed in the RECORD. 40,000 jobs and over 60 shipyards have In other words, California faces a $4 There being no objection, the bill was closed since 1987. In my view this legis- billion annual penalty for its failure to ordered to be printed in the RECORD, as lation would not only benefit the cus- operate a State Disbursement Unit. follows: This so-called ‘‘nuclear penalty’’ is tomers of transportation services, but S. 1033 would also inject new life into an in- completely unjust and out of proportion. It will devastate the State of Be it enacted by the Senate and House of Rep- dustry that has missed out on the un- resentatives of the United States of America in precedented growth that the rest of the California’s ability to serve low-income Congress assembled, economy has enjoyed in the last gen- children and families—both families on SECTION 1. SHORT TITLE. eration. I want to work with the mari- welfare, and families who need child This Act may be cited as the ‘‘Child Sup- time industry to address their concerns support so that they can stay off wel- port Penalty Fairness Act’’. and look forward to their eventual sup- fare. The penalty also will cripple the SEC. 2. ALTERNATIVE PENALTY PROCEDURE FOR port of this legislation, which I envi- State’s budget, seriously harming the FAILURE TO OPERATE STATE DIS- sion will help them as much as it will largest economy in this nation. BURSEMENT UNIT. help agricultural shippers. I am not questioning the value of a (a) IN GENERAL.—Section 455(a)(4) of the I would like to point out that the leg- State Disbursement Unit, or Califor- Social Security Act (42 U.S.C. 655(a)(4)) is islation as introduced enjoys broad nia’s need to develop one. On the con- amended by adding at the end the following: ‘‘(E) The Secretary may not disapprove a support not only in the agriculture in- trary, I am urging Governor Davis and State plan under section 454 against a State dustry, but also among many indus- the State legislature to come up with a with respect to a failure to comply with sec- tries that ship bulk commodities—in- plan to develop a State Disbursement tion 454(27) for a fiscal year as long as the cluding oil, coal, clay, and steel. Addi- Unit as quickly as possible. But I do State is receiving a penalty under this para- tionally, those engaged in commerce not believe that poor families should graph with respect to a failure to comply with the non-contiguous U.S. are sup- be severely punished because the State with either section 454(24)(A) or 454(24)(B) for portive, including the Puerto Rico has not gotten its act together. the fiscal year.’’ Manufacturers Association, the Hawaii Moreover, California’s failure to de- (b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if Shippers Council, and the Alaska Jones velop a State Disbursement Unit is a included in the amendments made by section Act Reform Coalition. Finally, the Na- direct result of its failure to develop a 101 of the Child Support Performance and In- tional Taxpayers Union and Americans statewide computer system that tracks centive Act of 1998. for Tax Reform support this as a meas- child support cases—and California is ure that would save consumers over $14 already paying a penalty for the com- By Mr. AKAKA (for himself, Ms. billion annually. puter failure. SNOWE, Mrs. MURRAY, and Ms. A healthy maritime industry in- The computer system penalty, which COLLINS): creases competitiveness, lowers costs, Congress established just last year, is S. 1034. A bill to amend title XVIII of and improves service for customers of fair and proportionate. More impor- the Social Security Act to increase the transportation. It creates jobs in the tantly, it rises over time, giving Cali- amount of payment under the Medicare U.S. not only for the people who crew fornia a powerful incentive to get a program for pap smear laboratory the ships, but for those who repair computer system up and running. If tests; to the Committee on Finance.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5275 INVESTMENT IN WOMEN’S HEALTH ACT OF 1999 clined by 70 percent due in large part the test is twice that amount: $14.60 Mr. AKAKA. Mr. President, today to the use of this cancer detection per test. The bill we introduce today, marks the 116th birthday of Dr. George measure. Evidence shows that the like- The Investment in Women’s Health Papanicolaou, who developed one of lihood of survival when cervical cancer Act, will raise the Medicare reimburse- the most effective cancer screening is detected in its earliest stage is al- ment rate for Pap smears to at least tests in medical history—the Pap most 100 percent, if treatment and fol- $14.60 per test. smear. Cervical cancer was one of the low-up is timely. If the Pap smear is to Women understand the usefulness leading causes of cancer deaths in continue as an effective cancer screen- and life-saving benefit of the Pap women in the United States 50 years ing tool, it must remain widely avail- smear. The U.S. Centers for Disease ago and it is still a major killer of able and reasonably priced for all Control and Prevention reported last women worldwide. I rise today to intro- women. Adequate payment is necessary year that 95 percent of women age 18 duce the Investment in Women’s to ensure women’s continued access to years old and over have received a Pap Health Care Act, a bipartisan bill to in- quality Pap smears. smear at some point in their lives. And crease the reimbursement for Pap I urge my colleagues to support this 85 percent of women age 18 years and smear laboratory tests under the Medi- important bipartisan legislation. Mr. older across the country have received care program. I am pleased to be joined President, I also ask consent the text a Pap smear within the last 3 years. by my colleagues—Senators SNOWE, of my bill be included in the RECORD. Unfortunately, the artificially low MURRAY and COLLINS. There being no objection, the bill was reimbursement rate threatens both our The inadequacy of current lab test ordered to be printed in the RECORD as country’s local clinical laboratories reimbursement was brought to my at- follows: and the health of women across the tention by pathologists who alerted me S. 1034 country. Pathologists are increasingly to the significant cost-payment dif- Be it enacted by the Senate and House of Rep- concerned that low Medicare reim- ferential for Pap smear testing in Ha- resentatives of the United States of America in bursement for Pap smears will force waii. According to the American Pa- Congress assembled, them to stop providing the service and thology Foundation, Hawaii is one of SECTION 1. SHORT TITLE. to ship the slides to large out-of-state the 23 States where the cost of per- This Act may be cited as the ‘‘Investment laboratories. Shipping the slides to forming the test greatly exceeds the in Women’s Health Act of 1999’’. non-local, large-scale laboratories— Medicare payment. In Hawaii, the cost SEC. 2. INCREASE IN PAYMENT AMOUNT FOR PAP ‘‘Pap mills’’—reduces quality control, SMEAR LABORATORY TESTS. ranges between $13.04 and $15.80. Yet brings up continuity of care issues, and the Medicare reimbursement rate is (a) IN GENERAL.—Section 1833(h) of the So- cial Security Act (42 U.S.C. 13951(h)) is puts women at risk of higher rates of only $7.15. ‘‘false positives’’ or ‘‘false negatives.’’ The large disparity between the re- amended by adding at the end the following: ‘‘(7) In no case shall payment under the fee imbursement level and the actual cost Providing Pap smears locally facili- schedule established under paragraph (1) for tates the likelihood of follow-up by a of performing the test may force labs the laboratory test component of a diag- in Hawaii and around the Nation to pathologist, comparison of a patient’s nostic or screening pap smear be less than Pap smear to cervical biopsy, and fa- discontinue Pap smear testing. The $14.60.’’. cilitates better communication and below-cost reimbursement may compel (b) EFFECTIVE DATE.—The amendment some labs to process tests faster and in made by subsection (a) shall apply with re- consultation between the patient’s pa- higher volume to improve cost effi- spect to laboratory tests furnished on or thologist and attending physician or ciency. This situation increases the after January 1, 2000. clinician. When Pap smears are shipped risk of inaccurate results and can se- Ms. SNOWE. Mr. President, I rise out of the local community these vital verely handicap patient outcomes. today to join my colleague from Ha- comparisons are much more difficult to This bill would increase the a reim- waii, Senator AKAKA, in introducing complete and are more prone to incon- bursement rate for Pap smear labwork the Investment in Women’s Health Act. sistencies and error. from its current $7.15 to $14.60—the na- Today we celebrate the 116th birth- Inadequate reimbursement for Pap tional average cost of the test. This day of Dr. George Papanicolaou, the smears provided through Medicare rate is important because it establishes physician who developed the Pap threatens not only a woman’s health a benchmark for many private insur- smear. In the 50 years since Dr. Papani- but the financial stability of the lab- ers. colaou first began using this test, the oratory as well. If a lab is forced to Last year, we were successful in hav- cervical cancer mortality rate has de- continue to subsidize Medicare Pap ing language included in the omnibus clined by an astonishing 70 percent. smears they will eventually either stop appropriations conference report recog- There is no question that this test is providing the Medicare service or go nizing the large disparity between the the most effective cancer screening out of business—and neither option is costs incurred to provide the screening tool yet developed. The Pap smear can acceptable. Finally, local laboratories tests and the amount paid by Medicare. detect abnormalities before they de- have a proven track record of providing The conferees noted that data from velop into cancer. Having an annual better service for the patients. A Pap laboratories nationwide indicates that Pap smear is one of the most impor- smear is less likely to get lost in a the cost of providing the test averages tant things a woman can do to help local lab than among the tens of thou- $13.00 to $17.00, with the costs in some prevent cervical cancer. sands of other tests in a ‘‘Pap mill’’ areas being higher. Accordingly, con- Congress has recognized the incom- and cytotechnicians have better super- ferees urged the Health Care Financing parable contribution of the Pap smear vision by a pathologist in smaller lab- Administration to increase Medicare in preventing cervical cancer and nine oratories than in large volume oper- reimbursement for Pap smear screen- years ago directed Medicare to begin ations. ing. Although HCFA has indicated a covering preventive Pap smears. Medi- The Pap test has contributed im- willingness to increase this payment, I care beneficiaries are eligible for one measurably to the fight against cer- am concerned that the adjustment the test every three years, although a more vical cancer. We cannot risk erasing agency is considering may be signifi- frequent interval is allowed for women our advancements in this fight because cantly less than the costs incurred by at high risk of developing cervical can- of low Medicare reimbursement. I urge most laboratories in providing this cer. And through the Balanced Budget my colleagues to join us. service. Therefore, my colleagues and I Act of 1997, Congress expanded the Pap are compelled to reintroduce legisla- smear benefit to also include a screen- By Mr. FEINGOLD (for himself tion that would implement what we being pelvic exam once every 3 years. and Mr. BINGAMAN): lieve to be an appropriate increase. But the Medicare reimbursement S. 1035. A bill to establish a program Mr. President, no other cancer rate is artificially low and does not ac- to provide grants to expand the avail- screening procedure is as effective for curately reflect the true cost of pro- ability of public health dentistry pro- early detection of cancer as the Pap viding this vital test. The current grams in medically underserved areas, smear. Over the last 50 years, the inci- Medicare rate of reimbursement is health professional shortage areas, and dence of cervical cancer deaths has de- $7.15, though the mean national cost of other Federally-defined areas that lack

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5276 CONGRESSIONAL RECORD — SENATE May 13, 1999 primary dental services; to the Com- ceived dental care. As you can see from Health Resources and Services Admin- mittee on Health, Education, Labor, this chart, in 13 Wisconsin counties, istration through which community and Pensions. fewer than 10 percent of Medicaid en- health centers and local health depart- DENTAL HEALTH ACCESS EXPANSION ACT rollees received dental care. According ments in designated dental health pro- Mr. FEINGOLD. Mr. President, I rise to Wisconsin’s state dental director, fessionals shortage areas can apply for today to introduce legislation to ad- Dr. Warren LeMay, 80 percent of tooth funding to assist in the hiring of pri- dress a troubling—but little recog- decay is found in the poorest 25 percent mary care dentists. Strengthening lo- nized—public health problem in this of children. Given the effectiveness of cally run dental access programs en- country, and that’s access to dental dental health care in preventing dental sures a safety net for these vitally im- health. disease—particularly the combination portant services. Unlike many public health problems, of check-ups, fluoride, and sealants— The bill also creates a grant program there are clinically proven techniques the access problems are simply unac- to give bonus payments to dentists in to prevent or delay the progression of ceptable. shortage areas who devote at least 25 dental health problems. These proven And the impact of so many people percent of their practice to Medicaid techniques are not only more cost-ef- going without dental care is dev- patients. More than 90 percent of fective, but also are relatively simple if astating. Those of us who have ever America’s dentists are in private prac- done early. I’m specifically referring to had a toothache remember how excru- tice, and incentive payments for den- the use of fluoride and dental sealants. ciating that pain can be, making it dif- tists to increase their Medicaid prac- The combination of fluoride and ficult if not impossible to work, go to tice helps to bring needy patients into school or otherwise go about our busi- sealants is so effective against tooth the dental care mainstream. decay that it has been likened to a ness. For those Americans who lack ac- Finally, the bill requires that HRSA cess to dental services, however, the ‘‘magic potion.’’ In fact, an article in work with the Association of State and toothache is more than a bad mem- Public Health Reports called the ‘‘one- Territorial Dental Directors and other two combination of fluoride and ory—it is the here and now. Mr. President, imagine you had a organizations interested in expanding sealants . . . similar to that of vaccina- child, a daughter, in need of dental dental health access to simplify the tions.’’ process for designating dental shortage With such an effective prevention services. But you lack insurance, and cannot afford to pay out-of-pocket to areas. Right now the system is so com- method in place, one might assume plicated that states simply don’t have that dental disease is becoming in- see a dentist. Or you may have Med- icaid, but the nearest dentist is more the resources to fill out the paperwork creasingly rare in this country. But needed to get the designation. that’s not the case, Mr. President, be- than 2 hours away, and you don’t own a car. Since your child hasn’t received Mr. President, the Dental Health Ac- cause, in order to receive these preven- the preventive care treatments, she has cess Expansion Act is meant to com- tive treatments—this ‘‘magic potion’’ a lot of untreated tooth decay—decay plement existing initiatives—such as against dental disease—you need to see that leads to infection, fevers, stomach Health Professions Training Program a dentist, and there simply are not aches, and, worst of all, debilitating expansions of general dentistry enough dentists to provide these basic pain, making it almost impossible for residencies, and the National Health services to everyone who needs them. her to concentrate in school. She may Service Corps scholarship program—to As of September 30 of last year, the also develop speech difficulties, since increase access to primary care dental United States had 1,116 dental health she may lack the teeth necessary to services in underserved communities. I professions shortage areas, or Dental form certain words and sounds. When have supported these and other pro- HPSA’s according to the Health Re- you try to get her emergency dental grams in the past, and will continue to sources and Services Administration. services, you find that the few dentists do so. My legislation is also meant to The chart I have here shows the coun- in the area have waiting lists of two complement the excellent oral health ties in Wisconsin that have areas des- months or more. initiatives proposed by my colleague, ignated as shortage areas, but every Mr. President, one mother, from Senator BINGAMAN of New Mexico. I am single state in our Nation has a portion Rhinelander, WI—which is in Oneida thankful for the good work he has done designated as a dental shortage area. County in the northern part of my in increasing awareness about this There are proven methods for pre- state—called me to tell me about her 8- issue, and look forward to working venting dental disease, yet 1,116 com- year-old daughter in just that situa- with him to increase access to dental munities across our country—particu- tion. He daughter was in excruciating health services. larly underserved rural and inner-city pain because of a severe toothache, but Through the legislation I am pro- communties—do not have enough den- the one dental provider in the area had posing, we can increase the number of tists to provide simple preventive serv- a waiting list of several weeks, so that dentists providing care to underserved ices. Barriers to dental care are par- mother had no choice but to take her communities, and in doing so strength- ticularly acute among lower income child to the nearest hospital emer- en our nation’s existing network of families, Medicaid enrollees, and the gency room, where the child was given Community Health Centers and local uninsured. Studies indicate that the painkillers to use until she could be health departments. prevalence of dental disease increases seen by a dentist. Whereas routine pri- Advances in dentistry have given us as income decreases. In many areas, mary dental care could have prevented the tools to eradicate most dental dis- there simply are not enough dentists to this decay altogether, this mother had eases—what we need now is to provide provide basic treatment to all who to take her young child to the hospital people with access to dental care so need them, and although there is a fed- emergency room for prescription pain- that they can receive the simple pre- eral method for designating such areas killers in order to make the wait before ventive treatments they need, and as dental health professional shortage seeing the dentist bearable. that’s what my legislation can help us areas (DHPSA’s) to become eligible for Mr. President, the unfortunate re- achieve. additional funding, the designation ality is that I hear such stories from process can be so tedious that State my constituents on a regular basis, and By Mr. KOHL (for himself, Mr. dental directors simply lack the re- I have heard enough to know that it’s DODD, and Mr. ROCKEFELLER): sources to complete the necessary doc- time to stop this needless suffering S. 1036. A bill to amend parts A and umentation. from dental disease by increasing ac- D of title IV of the Social Security Act To illustrate this problem of under- cess to dental care. to give States the option to pass counting shortage areas, as of Sep- The legislation I am introducing through directly to a family receiving tember 30 of last year, only eight coun- today, the Dental Health Access Ex- assistance under the temporary assist- ties in Wisconsin had portions des- pansion Act, will establish take three ance to needy families program all ignated as DHPSA’s according to the important steps to promote access to child support collected by the State Health Resources and Services Admin- dental health services: and the option to disregard any child istration (HRSA), but statewide only 23 First, the bill creates a federal grant support that the family receives in de- percent of Medicaid enrollees had re- program to be administered by the termining a family’s eligibility for, or

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5277 amount of, assistance under that pro- the child support owed to them. In ad- cant accounting and paperwork bur- gram; to the Committee on Finance. dition, we know that 23 million chil- dens on the states. They are also cost- CHILDREN FIRST CHILD SUPPORT REFORM ACT dren are owed more than $43 billion in ly. Data from the Federal Office of OF 1999 outstanding support. Clearly, the vital Child Support demonstrates that near- Mr. KOHL. Mr. President, I rise importance of child support in keeping ly 20 percent of program expenditures today to introduce legislation, along families off of assistance remains as are spent simply processing payments. with my colleagues Senator DODD of true today as when the program began. States are required to maintain a com- Connecticut and Senator ROCKEFELLER In a world with TANF time limits, it plicated set of accounts to determine of West Virginia, to provide more re- has never been more important. And whether support collected should be sources to America’s children and fam- with these figures in mind, it is not un- paid to the family or kept by the gov- ilies by encouraging more parents to thinkable that some policymakers may ernment. These complex accounting live up to their child support obliga- have or might still consider this pro- rules depend on whether the family tions. My legislation, the Children gram as a means of recovering welfare ever received public assistance, the First Child Support Reform Act, would expenditures. date a family begins and ends assist- enhance the options and incentives But I am convinced that that think- ance, whether the non-custodial parent available to states to allow more child ing must change, if not be cast off en- is current on payments or owes arrears, support to be paid directly to the fami- tirely, because, simply put, times have the method of collection and other fac- lies to whom it is owed and not be changed. The welfare reform law of tors. counted against public assistance bene- 1996, which I supported, paved the way We know that we have already asked fits. My legislation will help assure for time limits and work requirements much of the states in the realm of au- tomation, systems integration and wel- more noncustodial parents that the that provide clear and compelling in- fare law child support enforcement ad- child support they pay will actually centives for families to enter the work- justments. We hope and believe these contribute to the wellbeing of their force and find a way to stay there. improvements will lead to better col- child, rather than the government, and Open ended, unconditional public sup- lection rates. Now we have a chance to also help reduce administrative bur- port is no longer a reality, and our goal and responsibility as policymakers, simplify and improve distribution of dens on the state. support. What could be simpler than a As my colleagues know, since its in- now more than ever before, is to give distribution system in which child sup- ception in 1975, our Federal-State Child families the tools and resources they port collected would automatically be need to prepare for and ultimately sur- Support Enforcement Program has delivered to the children to whom it is vive the day when they are without been tasked with collecting child sup- owed? A distribution system in which port for families receiving public as- public assistance. child support agencies would distribute We fundamentally changed welfare, sistance and other families that re- current support and arrears to both now we fundamentally reexamine the quest help in enforcing child support. welfare and non-welfare families in ex- central role of child support in helping Toward this end, the program works to actly the same way? establish paternity and legally binding families as they struggle to become Mr. President, child support financ- support orders, while collecting and and remain self-sufficient. To this end, ing must be addressed in the near fu- disbursing funds on behalf of families we’ve made some, but not nearly ture. First, our current distribution so that children receive the support enough, progress. Under the welfare re- scheme is out of step with the philos- they need to grow up in healthy, nur- form law, states will eventually be re- ophy of current welfare policy. We turing surroundings. quired to distribute state-collected must move the child support program But on one crucial point, the current child support arrears owed to the fam- from cost-recovery to service delivery program does not truly work on behalf ily before paying off arrears owed to for all families. Second, the current fi- of families and, perhaps more impor- the state and Federal governments for nancing scheme is no longer workable. tantly, actually works against fami- welfare expenditures. In addition, TANF caseloads are decreasing dra- lies. states were provided with some ability matically, even as overall child sup- Under current law, if a family is not to continue or expand the $50 pass- port caseloads are increasing. There- on public assistance, support collected through that had been required under fore, while the system needs additional by the Child Support Enforcement Pro- previous law. But only one state—my resources, the portion of the caseload gram is generally sent directly to the homestate of Wisconsin—has opted to that produces those resources is de- family. However, and this is the crux of let families retain all support paid. As creasing. We must put the child sup- the problem, support collected on be- you know, Wisconsin has been a leader port program on a sound financial foot- half of families receiving public assist- and national model in the area of wel- ing that confirms a strong Federal and ance is kept by the State and Federal fare reform. Under Wisconsin’s welfare state commitment to the program and Governments as reimbursement for program, child support counts as in- gives states additional flexibility to welfare expenditures. Thus, for fami- come in determining financial eligi- put more resources into the hands of lies on public assistance, the child sup- bility for welfare assistance, but once children and let families keep more of port program ends up benefiting the fi- eligibility is established, the child sup- their own money. nancial interests of the government, port income is disregarded in calcu- Let me strongly affirm that by advo- rather than their children. lating program benefits. In other cating an expanded passthrough and The research shows that many non- words, families are allowed to keep disregard approach, I am absolutely custodial parents are discouraged from their own money. Non-custodial par- not advocating a disinvestment in our paying child support because they real- ents can be assured that their con- child support system by either the Fed- ize and resent the fact that their pay- tribution counts and that their child eral government or the states. Our ments go to the government rather support payments go to their children. commitment to this program must re- than benefiting their children directly. And both parents are presented with a main strong and steadfast. I am work- In addition, some custodial parents are realistic picture of what that support ing to expand the passthrough for the skeptical about working with the child means in the life of their child. reasons that I’ve explained, but I am support agency to secure payments I worked with Wisconsin to secure also committed to paying for it in a re- since the funds are generally not for- the waivers necessary to pursue this sponsible way. Not knowing what the warded to them. Obviously, these innovative policy and want to provide proposal will cost today necessarily re- builtin program obstacles to reliable, the other states with additional flexi- quires that we keep ourselves open to timely child support payments serve to bility and options so that they can fol- adjustments as the debate proceeds. undermine the program’s intended low Wisconsin’s example. That said, it is time for us to envi- goals of promoting self-sufficiency and In addition to helping families, the sion a child support program that truly personal responsibility. expanded passthrough and disregard serves families and works to advance, Mr. President, we know that an esti- approach also has significant benefits not undermine, the TANF policy goals mated 800,000 families would not need on the administrative side. The current of self-sufficiency and personal respon- public assistance if they could count on distribution requirements place signifi- sibility with which it is inextricably

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5278 CONGRESSIONAL RECORD — SENATE May 13, 1999 combined. Because assistance is now (2) AUTHORITY TO CLAIM PASSED THROUGH rently limited or nonexistent, and to time-limited, we must give families the AMOUNT FOR PURPOSES OF TANF MAINTENANCE set us on a course to removing MTBE tools to survive in a world without OF EFFORT REQUIREMENTS.—Section in all other areas of the nation. public help, a world where they must 409(a)(7)(B)(i)(I)(aa) of the Social Security MTBE has been used in the blending rely on their own resources. In that Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by inserting ‘‘, and, in the case of a State of gasoline since the 1970s, but its use equation, we all know that child sup- that elects under section 457(g) to distribute increased dramatically following the port is fundamental. Letting as many any amount so collected directly to the fam- passage of the Clean Air Act Amend- as 5 years go by with child support pay- ily, any amount so distributed (regardless of ments of 1990. In regions of the country ments either not being or accuring to whether the State also disregards that with particularly poor air quality, in- the state rather than the family does amount under section 408(a)(12) in deter- cluding Southern California and Sac- nothing to advance those goals. mining the eligibility of the family for, or ramento, the Act required the use of Mr. President, it’s time to put our the amount of, such assistance)’’ before the reformulated gasoline. children first and envision a child sup- period. Under the Act, reformulated gasoline port program that truly serves fami- (b) STATE OPTION TO DISREGARD CHILD SUP- PORT COLLECTED FOR PURPOSES OF DETER- must contain 2% oxygenate by weight. lies. We can do that by passing this leg- MINING ELIGIBILITY FOR, OR AMOUNT OF, Today, about 70% of the gasoline sold islation to improve the public system, TANF ASSISTANCE.—Section 408(a) of the So- in California contains 2% oxygen by let families keep more of their own cial Security Act (42 U.S.C. 608(a)) is amend- weight due to this requirement. While money, and make child support truly ed by adding at the end the following: other oxygenates like ethanol may be meaningful in the everyday lives of ‘‘(12) STATE OPTION TO DISREGARD CHILD used to meet this 2% requirement, the children on public assistance. SUPPORT IN DETERMINING ELIGIBILITY FOR, OR ready availability of MTBE and its AMOUNT OF, ASSISTANCE.— Mr. President, I ask unanimous con- chemical properties made it the oxy- ‘‘(A) OPTION TO DISREGARD CHILD SUPPORT sent that the text of the bill be printed genate of choice among most oil com- in the RECORD. FOR PURPOSES OF DETERMINING ELIGIBILITY.— panies. There being no objection, the bill was A State to which a grant is made under section 403 may disregard any part of any While the oxygenate of choice, how- ordered to be printed in the RECORD, as amount received by a family as a result of a ever, MTBE is also classified as a pos- follows: child support obligation in determining the sible human carcinogen. Moreover, S. 1036 family’s income for purposes of determining when MTBE enters groundwater, it Be it enacted by the Senate and House of the family’s eligibility for assistance under Representatives of the United States of America moves through the water very fast and the State program funded under this part. very far. Once there, MTBE resists de- in Congress assembled, ‘‘(B) OPTION TO DISREGARD CHILD SUPPORT SECTION 1. SHORT TITLE. IN DETERMINING AMOUNT OF ASSISTANCE.—A grading in the environment. We know This Act may be cited as the ‘‘Children State to which a grant is made under section very little about how long it takes to First Child Support Reform Act of 1999’’. 403 may disregard any part of any amount re- break down to the point that it be- SEC. 2. DISTRIBUTION AND TREATMENT OF ceived by a family as a result of a child sup- comes harmless. We do know that at CHILD SUPPORT COLLECTED BY port obligation in determining the amount of even very low levels, MTBE causes THE STATE. assistance that the State will provide to the water to take on the taste and odor of (a) STATE OPTION TO PASS ALL CHILD SUP- family under the State program funded PORT COLLECTED DIRECTLY TO THE FAMILY.— turpentine—rendering it undrinkable. under this part.’’. That is, it makes water smell and (1) IN GENERAL.—Section 457 of the Social (c) MAINTENANCE OF EFFORT REQUIRE- Security Act (42 U.S.C. 657) is amended— MENT.—Section 454 of the Social Security taste so bad that people won’t drink it. (A) in subsection (a), by striking ‘‘(e) and Act (42 U.S.C. 654) is amended— I first became aware of the signifi- (f)’’ and inserting ‘‘(e), (f), and (g)’’; and (1) in paragraph (32), by striking ‘‘and’’ at cance of the threat MTBE posed to (B) by adding at the end the following: the end; drinking water following the discovery ‘‘(g) STATE OPTION TO PASS THROUGH ALL (2) in paragraph (33), by striking the period SUPPORT COLLECTED TO THE FAMILY.— that MTBE had contaminated drinking and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—At State option, subject water wells in Santa Monica. Ulti- (3) by adding at the end the following: to paragraph (2), and subsections (a)(4), (b), mately, Santa Monica was forced to ‘‘(34) provide that, if the State elects to (e), (d), and (f), this section shall not apply distribute support directly to a family in ac- close drinking water wells that sup- to any amount collected on behalf of a fam- cordance with section 457(g), the State share plied approximately half of its drink- ily as support by the State and any amount of expenditures under this part for a fiscal ing water due to that contamination. so collected shall be distributed to the fam- year shall not be less than an amount equal Clean up of Santa Monica’s drinking ily. to the highest amount of such share ex- water supply continues today under ‘‘(2) INCOME PROTECTION REQUIREMENT.—A pended for fiscal year 1995, 1996, 1997, or 1998 State may not elect the option described in the oversight of the Environmental (determined without regard to any amount paragraph (1) unless the State also elects Protection Agency (EPA) at significant expended that was eligible for payment (through an amendment to the State plan cost. under section 455(a)(3)).’’. submitted under section 402(a)) to disregard (d) CONFORMING AMENDMENT.—Section Following that discovery, I held a any amount so collected and distributed for 457(f) of the Social Security Act (42 U.S.C. California field hearing of the Senate purposes of determining the amount of as- 657(f)) is amended by striking ‘‘Notwith- Committee on Environment and Public sistance that the State will provide to the standing’’ and inserting ‘‘AMOUNTS COL- Works, of which I am a member, on the family under the State program funded LECTED ON BEHALF OF CHILDREN IN FOSTER issue of MTBE contamination. Based under part A pursuant to section CARE.—Notwithstanding’’. 408(a)(12)(B). upon the testimony I received at that (e) EFFECTIVE DATE.—The amendments hearing, I became convinced that ‘‘(3) OPTION TO PASS THROUGH AMOUNTS COL- made by this section take effect on October LECTED PURSUANT TO A CONTINUED ASSIGN- 1, 1999. MTBE posed a significant threat to MENT.—At State option, any amount col- drinking water not only in California, lected pursuant to an assignment continued By Mrs. BOXER: but nationwide. Shortly after the hear- under subsection (b) may be distributed to S. 1037. A bill to amend the Toxic ing, I wrote what would be one of many the family in accordance with paragraph (1). Substances Control Act to provide for a letters to the Administrator of EPA ‘‘(4) RELEASE OF OBLIGATION TO PAY FED- gradual reduction in the use of methyl urging her to take action to remove ERAL SHARE.—If a State that elects the option described in paragraph (1) also elects to tertiary butyl ether, and for other pur- this threat to the nation’s drinking disregard under section 408(a)(12)(B) at least poses; to the Committee on Environ- water supply. 50 percent (determined, at the option of the ment and Public Works. While EPA has taken many laudable State, in the aggregate or on a case-by-case Mrs. BOXER. Mr. President, today I actions to speed the remediation of basis) of the total amount annually collected am pleased to introduce legislation to MTBE contaminated drinking water, it and distributed to all families in accordance nationally phase-out the use of the fuel has been slow to respond to my calls with paragraph (1) for purposes of deter- oxygenate methyl tertiary butyl ether for a nationwide MTBE phase-out. EPA mining the amount of assistance for such (MTBE). My bill provides for a priority maintains that it lacks the legal au- families under the State program funded phase-out schedule designed to imme- under part A, the State is released from— thority to phase-out the use of this ‘‘(A) calculating the Federal share of the diately prohibit MTBE use in areas harmful gasoline additive. amounts so distributed and disregarded; and where it is leaking into ground and In the face of this federal inaction, ‘‘(B) paying such share to the Federal Gov- surface waters, to prevent the spread of and since the discovery of MTBE con- ernment.’’. MTBE to areas where its use is cur- tamination in Santa Monica and my

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5279 hearing in California, revelations of There being no objection, the bill was program to participate in that pro- MTBE contamination in California and ordered to be printed in the RECORD, as gram, and for other purposes; to the the nation have proliferated. In June follows: Committee on Veterans Affairs. 1998, the Lawrence Livermore National S. 1037 GI EDUCATION OPPORTUNITY ACT OF 1999 Laboratory estimated that MTBE is Be it enacted by the Senate and House of ∑ Mr. FRIST. Mr. President, I rise leaking from over 10,000 underground Representatives of the United States of America today to offer legislation that will as- storage tanks in California alone. Po- in Congress assembled, sist the men and women serving in our tential clean up costs associated with SECTION 1. USE OF METHYL TERTIARY BUTYL armed forces in attaining an education. MTBE contamination in my state ETHER. The GI Education Opportunity Act is range between $1 to $2 billion. Reports Section 6 of the Toxic Substances Control targeted at a group serving in our mili- of MTBE contamination in the north- Act (15 U.S.C. 2605) is amended by adding at the end the following: tary that has been forgotten since the eastern United States are also now be- ‘‘(f) USE OF METHYL TERTIARY BUTYL passage of the Montgomery GI Bill. Be- coming more common, and several ETHER.— fore the GI Bill was enacted in 1985, state legislatures have introduced leg- ‘‘(1) PROHIBITION ON USE IN SPECIFIED NON- new servicemen were invited to partici- islation to phase-out or ban MTBE use. ATTAINMENT AREAS.—Effective beginning pate in a program called the Veterans’ This flurry of activity in the north- January 1, 2000, a person shall not use meth- Educational Assistance Program, or eastern states follows upon the first yl tertiary butyl ether in an area of the VEAP. This program offered only a state action to prohibit the use of United States that is not a specified non- modest return on the service member’s MTBE. Specifically, on March 26, 1999, attainment area that is required to meet the investment and, as a consequence, pro- California Governor Gray Davis pro- oxygen content requirement for reformulated gasoline established under section vided little assistance to men and vided that MTBE use in California will 211(k) of the Clean Air Act (42 U.S.C. 7545(k)). women in the armed services who be prohibited after December 31, 2002. ‘‘(2) PROHIBITION ON USE IN AREAS OF LEAK- wanted to pursue additional education. While the action in California and AGE.—If the Administrator finds that methyl It was and is inferior to the Mont- several other states to begin to address tertiary butyl ether is leaking into ground gomery GI Bill that every new service- the MTBE problem is certainly to be water or surface water in an area, the Ad- man is offered today. commended, I believe it demonstrates ministrator may immediately prohibit the The GI Education Opportunity Act a failure of federal policymakers to de- use of methyl tertiary butyl ether in the would allow active duty members of sign a national solution to what is area. the armed services who entered the ‘‘(3) UPGRADING OF UNDERGROUND STORAGE clearly a national problem. service after December 31, 1976 and be- The legislation I introduce today TANKS.—In enforcing the requirement that underground storage tanks be upgraded in fore July 1, 1985 and who are or were would provide that solution. accordance with section 280.21 of title 40, otherwise eligible for the Veterans’ First, my bill empowers the Environ- Code of Federal Regulations, the Adminis- Educational Assistance Program to mental Protection Agency (EPA) to trator shall focus enforcement of the re- participate in the Montgomery GI Bill. immediately prohibit MTBE use in quirement on areas described in paragraph This group of military professionals areas where the additive is leaking into (2). largely consists of the mid-career and ground or surface waters. In my view, ‘‘(4) USE OF METHYL TERTIARY BUTYL ETHER senior noncommissioned officer ranks we must swiftly stop the use of MTBE IN GASOLINE.— of our services—the exact group that in areas where we know we’ve got leak- ‘‘(A) INTERIM PERIOD.— new recruits have as mentors and leading underground storage tanks. That’s ‘‘(i) PHASED REDUCTION.— ers. If we really believe in the impor- just common sense. ‘‘(I) IN GENERAL.—The Administrator shall Second, my bill prohibits the use of promulgate regulations to require— tance of providing our servicemen and ‘‘(aa) by January 1, 2001, a 1⁄3 reduction in women with the education opportuni- MTBE after January 1, 2000 in areas the quantity of methyl tertiary butyl ether around the nation where the use of ties afforded by the Montgomery GI that may be used in gasoline; and Bill, it is critical that we offer all serv- oxygenates like MTBE is not required 2 ‘‘(bb) by January 1, 2002, a ⁄3 reduction in ice members the opportunity to par- by law. It has been recently revealed the quantity of methyl tertiary butyl ether that oil companies have been adding that may be used in gasoline. ticipate of they choose. It is important to remember that significant quantities of MTBE to gaso- ‘‘(II) BASIS FOR REDUCTIONS.—Reductions line in the San Francisco area even under subclause (I) shall be based on the much of the impetus for the creation of though oxygenates like MTBE are not quantity of methyl tertiary butyl ether in the Montgomery GI Bill was that the required to be used in that area. Not- use in gasoline in the United States as of the Veterans’ Educational Assistance Pro- date of enactment of this subsection. withstanding California’s MTBE phase- gram was not doing the job. It was not ‘‘(ii) LABELING.—During the period begin- providing sufficient assistance for out, such MTBE use may legally con- ning on the date of enactment of this sub- tinue throughout California until the young men and women to go to college. section and ending December 31, 2002, the Ad- It was expensive for them to partici- state phase-out deadline of December ministrator shall require any person selling 31, 2002. gasoline that contains methyl tertiary butyl pate, and provided little incentive for As we face an estimated $1 to $2 bil- ether at retail to prominently label the fuel young men and women to enter the lion in MTBE clean up costs in Cali- dispensing system for the gasoline with a no- military. The Montgomery GI Bill of- fornia alone, I believe we must swiftly tice that the gasoline contains methyl ter- fers those serving in the military a sig- take steps to prevent the spread of tiary butyl ether. nificant increase in benefits over its ‘‘(B) PROHIBITION.—Effective beginning predecessor and has been one of the MTBE contamination to areas where January 1, 2003, a person shall not use meth- its use is currently limited and is in no most important recruiting tools over yl tertiary butyl ether in gasoline.’’. the last decade. It is essential that ac- sense required under the law. SEC. 2. STUDY OF EFFECTS OF FUEL COMPO- Third, the bill prohibits MTBE use NENTS. tive military still covered under VEAP nationwide after January 1, 2003, and Not later than July 31, 2000, the Adminis- but not by the Montgomery GI Bill be provides for specific binding percentage trator of the Environmental Protection brought into the fold. reductions of MTBE use in the interim. Agency shall— The injustice that my bill attempts Finally, the bill requires EPA to con- (1) conduct a study of the behavior, tox- to address is that new recruits are eli- duct an environmental and health ef- icity, carcinogenicity, health effects, and gible for a better education program fects study of ethanol use as a fuel ad- biodegradability, in air and water, of eth- than the noncommissioned officers re- anol, olefins, aromatics, benzene, and alkyl- sponsible for their training and well- ditive. ate; and I am hopeful that my House and Sen- (2) report the results of the study to Con- being. Expanding Montgomery Bill eli- ate colleagues can act quickly to en- gress. gibility to those currently eligible for sure the passage of my legislation to VEAP would, in many cases, help mid- provide a nationwide solution to the By Mr. FRIST: career and senior noncommissioned of- nationwide problem of MTBE contami- S. 1041. A bill to amend title 38, ficers, who are the backbone of our nation. United States Code, to permit certain force and set the example for younger I ask unanimous consent that the members of the Armed Forces not cur- troops, become better educated. This full text of my legislation be printed in rently participating in the Mont- legislation is modest in its scope and the RECORD. gomery GI Bill educational assistance approach, but is enormously important

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5280 CONGRESSIONAL RECORD — SENATE May 13, 1999 for the individual attempting to better importing more oil than we produce. particularly since natural gas con- himself through education. Moreover, This is not a healthy situation for sumption is expected to grow rapidly in this legislation sends a meaningful shaping our foreign policy agenda. If the near future, and, unlike oil, nat- message to those serving to protect the our domestic industry is to survive, ural gas is not imported. American interest that Congress cares. then Congress needs to act now to pro- Mr. President, this legislation is long S. 4, the Soldiers, Sailors, Airmen, and vide tax incentives to encourage en- overdue, and I appreciate the support Marines Bill of Rights Act which I was ergy production in America. of Senator BREAUX and my other col- proud to cosponsor was an enormous To reverse these trends and increase leagues who are cosponsoring the bill. step in this direction, and my legisla- our energy independence, I have Most importantly, I urge my other col- tion complements that effort. worked on a bipartisan basis to develop leagues, particularly those from non- Some of the common sense provisions the Domestic Energy Production Secu- energy producing states, to join with of The GI Education Opportunity Act rity and Stabilization Act. The bill us in supporting this effort. America are: 1. Regardless of previous enroll- provides tax incentives in our signifi- simply has too much at stake to stand ment or disenrollment in the VEAP, cant areas to ensure that our domestic by and let our domestic oil and gas in- active military personnel may choose energy infrastructure is not decimated dustry jobs and infrastructure be lost to participate in the GI Bill. 2. Partici- during prolonged periods of low energy to the whims of the world markets.∑ ∑ pation for VEAP-eligible members in prices. Mr. BREAUX. Mr. President, I am the GI Bill is to be based on the same First, the legislation would provide a pleased to join with the distinguished ‘‘buy in requirements’’ as are currently $3 dollar a barrel tax credit, on the Senator from the State of Texas. Sen- applicable to any new GI Bill partici- first three barrels that can offset the ator HUTCHINSON, in introducing the pant. For example, an active duty cost of keeping marginal wells oper- Domestic Energy Production Security member is required to pay $100 a month ating during periods of critically low and Stabilization Act. I believe it is for twelve months in order to be eligi- oil and gas prices. Marginal wells are legislation all of our colleagues should ble for the Montgomery GI Bill. The those that produce 15 barrels a day or support. First, I’d like to outline the problem same would be required of someone less. There are close to 500,000 such and then discuss how this legislation previously eligible for VEAP. 3. Any wells across the U.S. that collectively helps address it. Oil prices may be in active duty member who has pre- produce 20 percent of America’s oil, the early stages of recovery, but over viously declined participation in the GI more oil than we import from Saudi the last 17 months, a glut in the world bill may also participate. 4. There will Arabia. market forced crude oil prices down to be a one year period of eligibility for Second, the bill would provide some relief from the alternative minimum their lowest inflation-adjusted levels in enrollment. 50 years. The Independent Petroleum I believe that if we are to maintain tax (AMT), again during prolonged pe- Association of America estimates that, the best trained, and most capable riods of low energy prices. In a time of since November 1997, when the price of military force in the world, we must be financial crisis for the oil and gas in- oil began to decline, more than 136,000 committed to allowing the people that dustry, this tax has had the effect of crude oil wells and more than 57,000 comprise our armed forces to pursue exacerbating the impact of low commodity prices and driving even more natural gas wells have been shut down. further education opportunities. I be- The U.S. petroleum industry last producers out of business. The AMT lieve that this modest legislation will year lost almost 30,000 jobs because of was enacted to ensure that companies have a positive effect on morale and falling crude prices, according to the give our noncommissioned officers ad- reporting large financial income paid American Petroleum Institute’s annual ditional opportunities for self-improve- at least some level of taxes. Unfortu- report. Despite the recent rise in oil ment and life-long learning. I ask for nately, for the oil and gas industry, the prices, job losses continue. Another my colleagues support in this effort.∑ AMT has only served to make a bad 3,600 jobs were lost between February situation worse. and March. This brings the loss since By Mrs. HUTCHISON (for herself, Third, Mr. President, this legislation December 1997 to about 54,400 jobs, a Mr. BREAUX, Mr. DOMENICI, Mr. would change the net income limita- decline of 16 percent. In the first three BINGAMAN, Mr. LOTT, Ms. LAN- tion on percentage depletion by elimi- months of 1999, losses amounted to DRIEU, Mr. COCHRAN, Mr. THOM- nating the 65 percent taxable income about 24,000 jobs, or a drop of almost 8 AS, Mr. BROWNBACK, and Mr. limitation. Carried-over percentage de- percent. GRAMM): pletion could also be carried back ten Mr. President, independent producers S. 1042. A bill to amend the Internal years. This would enable companies to account for almost a third of Gulf of Revenue Code of 1986 to encourage do- fully utilize their percentage depletion Mexico oil production on the outer con- mestic oil and gas production, and for allowance, which many have not been tinental shelf (OCS), and almost half of other purposes; to the Committee on able to do since the onset of the oil and natural gas production. According to Finance. gas crisis. the Minerals Management Service, on DOMESTIC ENERGY PRODUCTION SECURITY AND Finally, Mr. President, this bill a per-day basis, the OCS accounts for STABILIZATION ACT brings the U.S. Tax Code in line with 27 percent of the nation’s natural gas ∑ Mrs. HUTCHISON. Mr. President, I the present-day realities of the oil and production and 20 percent of the na- am pleased today to introduce with my gas industry by allowing oil and gas ex- tion’s crude oil production. In 1997, pro- colleague from Louisiana, Senator ploration (geological and geophysical) duction on the federal OCS off Lou- BREAUX, the Domestic Energy Produc- costs to be expensed rather than cap- isiana resulted in $2.9 billion or 83 per- tion Security and Stabilization Act. italized, and by allowing delay rental cent of the $3.5 billion royalties re- This bill represents a necessary and lease payments to be deducted in the ceived for all of the OCS. It is not dif- workable proposal to ensure that the year in which they are paid, rather ficult to see that as domestic produc- United States does not lose even more than when the oil is actually pumped. tion falls, so will federal royalty re- of its energy independence. Even the Treasury Department has ceipts. Mr. President, the oil and gas indus- tacitly endorsed these proposed And, let’s not forget the thousands of try in this country is in a state of un- changes as making for sound economic jobs created in non-energy sectors to precedented crisis. Over the last year- and tax policy. service the energy industry: com- and-a-half, oil and gas prices have been Taken together, these four major tax puters, steel and other metals, trans- a historic lows. This has led to the provisions will help the job-creating oil portation, financial and other service closing of over 200,000 domestic oil and and gas sector of the economy to with- industries. When domestic oil and gas gas wells, has brought new exploration stand the volatility of the inter- production increases, so does the num- to a virtual standstill, and has cost an national oil and gas markets. We sim- ber of jobs created in all these sectors. estimated quarter of a million Amer- ply must not allow our nation to be- This legislation will provide mar- ican jobs. come even more dependent on foreign ginal well tax credits, alternative min- Not only is this an economic issue, it oil. Nor can we afford to shut-down our imum tax relief, expensing of geologi- is also a national security issue. We are domestic gas production capability, cal and geophysical costs and delay

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5281 rental payments and other measures to leagues in the introduction of legisla- technology now accounts for over one- encourage domestic oil and gas production which we believe will provide third of our economic growth. The esti- tion. It is a safety net. The bill’s provi- critically needed relief and assistance mates are that advanced, high-speed sions phase in and out as oil prices fall to our beleaguered domestic oil indus- Internet services, once fully deployed, and rise between $17 and $14 per barrel try. will grow to a $150 billion a year mar- and natural gas prices fall and rise be- Our bill contains a number of incen- ket. tween $1.86 and $1.56 per thousand cubic tives designed to increase domestic What this means is simple: Ameri- feet. It will provide a permanent mech- production of oil and gas. The decline cans with access to high-speed Internet anism to help our domestic producers in domestic oil production has resulted service will get the best of what the cope with substantial and unexpected in the estimated loss of more than Internet has to offer in the way of on- declines in world energy prices. 40,000 jobs in the oil and gas industry line commerce, advanced interactive Let’s examine how one aspect of this since the crash of oil prices at the end educational services, telemedicine, bill—marginal well production—affects of 1997. Our legislation will not only telecommuting, and video-on-demand. this nation. A marginal well is one put people back to work, it will revi- But what it also means is that Ameri- that producers 15 barrels of oil per day talize domestic energy production and cans who don’t have access to high- or 60,000 cubic feet of natural gas or decrease our dependence on imports. speed Internet service won’t enjoy less. Low prices hit marginal wells es- I have sought relief for the oil and these same advantages. pecially hard because they typically gas industry from a number of sources Mr. President, Congress cannot stand have low profit margins. While each this year. As a member of the Senate idly by and allow that to happen. well produces only a small amount, Budget Committee, I strongly opposed Advanced high-speed data service finally gives us the means to assure that marginal wells account for almost 25 the $4 billion tax which the Clinton all Americans really are given a fair percent of the oil and 8 percent of the budget proposed to levy on the oil in- shake in terms of economic, social, and natural gas produced in the conti- dustry. As my colleagues know, that educational opportunities. Information nental United States. The United tax is now dead. Age telecommunications can serve as a States has more than 500,000 marginal Earlier this year I contacted Sec- great equalizer, eliminating the dis- wells that collectively produce nearly retary of State Madeleine Albright and advantages of geographic isolation and 700 million barrels of oil each year. urged her to conduct a thorough review socioeconomic status that have carried These marginal wells contribute nearly of our current policy which permits over from the Industrial Age. But un- $14 billion a year in economic activity. Iraq to sell $5.25 billion worth of oil less these services are available to all every six months. The revenue gen- The marginal well industry is respon- Americans on fair and affordable erated from such sales is supposed to sible for more than 38,000 jobs and sup- terms, Industrial Age disadvantages ports thousands of jobs outside the in- be used to purchase food and medicine will be perpetuated, not eliminated, in dustry. but reports make it clear that Saddam the Information Age. The National Petroleum Council is a Hussein has diverted these funds from As things now stand, however, the federal advisory committee to the Sec- their intended use and that they are availability of advanced high-speed retary of Energy. Its sole purpose is to being used to prop up his murderous re- data service on fair and affordable advise, inform, and make recommenda- gime. The United States should not be terms is seriously threatened. Cur- tions to the Secretary of Energy on a party to such a counterproductive rently, only 2 percent of all American any matter requested by the Secretary policy. homes are served by networks capable with relating to oil and natural gas or Senator HUTCHISON and I earlier this of providing high-speed data service. Of to the oil and natural gas industries. year introduced legislation which con- this tiny number, most get high-speed The National Petroleum Council’s 1994 tained a series of tax law changes in- Internet access through cable modems. Marginal Well Report said that: tended to spur marginal well produc- This is a comparatively costly service Preseving marginal wells is central to our tion. The legislation which we intro- —about $500 per year —and most cable energy security. Neither government nor the duce today contains those provisions as modem subscribers are unable to use industry can set the global market price of well as others, such as reducing the im- their own Internet service provider un- crude oil. Therefore, the nation’s internal pact of the Alternative Minimum Tax less they also buy the same service cost structure must be relied upon for pre- (AMT) on the oil and gas industry and serving marginal well contributions. from the cable system’s own Internet relaxing the existing constraints on service provider. This arrangement The 1994 Marginal Well Report went on use of the allowance for percentage de- puts high-speed Internet service be- to recommend a series of tax code pletion. yond the reach of Americans not served modifications including a marginal I am looking forward to working by cable service, and limits the choices well tax credit and expensing key cap- with my colleagues in an effort to available to those who are. ital expenditures. The Independent Pe- enact the legislation as soon as pos- If this situation is allowed to con- troleum Association of America esti- sible.∑ tinue, many Americans who live in re- mates that as many of half the esti- mote areas or who don’t make a lot of mated 140,000 marginal wells closed in By Mr. MCCAIN: money won’t get high-speed Internet the last 17 months could be lost for S. 1043. A bill to provide freedom service anywhere near as fast as others good. from regulation by the Federal Com- will. And, given how critical high-speed Mr. President, the facts speak for munications Commission for the Inter- data service is becoming to virtually themselves. The U.S. share of total net; to the Committee on Commerce, every segment of our everyday lives, world crude oil production fell from 52 Science, and Transportation. creating advanced Internet ‘‘haves’’ percent in 1950 to just 10 percent in f and ‘‘have nots’’ will perpetuate the 1997. At the same time, U.S. depend- very social inequalities that our laws ence on foreign oil has grown from 36 THE INTERNET REGULATORY FREEDOM ACT otherwise seek to eliminate. percent in 1973 (the time of the Arab oil This need not happen. Our nation’s embargo) to about 56 percent today. Mr. MCCAIN. Mr. President, I rise local telephone company lines go to al- That makes the U.S. more vulnerable today to introduce The Internet Regu- most every home in America, and local than ever—economically and mili- latory Freedom Act of 1999. This legis- telephone companies are ready and tarily—to disruptions in foreign oil lation will help assure that the enor- willing to upgrade them to provide ad- supplies. This legislation will provide a mous benefits of advanced tele- vanced high-speed data service. mechanism to help prevent a further communications services are accessible They are ready and willing, Mr. decline in domestic energy production to all Americans, no matter where they President, but they are not able—at and preserve a vital domestic indus- live, what they do, or how much they least, not as fully able as the cable try.∑ earn. companies are. That’s because the local ∑ Mr. GRAMM. Mr. President, I am Advanced telecommunications is a telephone companies operate under pleased to join Senator KAY BAILEY critical component of our economic unique legal and regulatory restric- HUTCHISON and a number of other col- and social well-being. Information tions. These restrictions are designed

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5282 CONGRESSIONAL RECORD — SENATE May 13, 1999 to limit their power in the local voice that high-speed data services will be icy of the United States to assure that all telephone market, but they are mis- widely available and affordable. That’s Americans have the opportunity to benefit takenly being applied to the entirely what I want, that’s what consumers de- from access to advanced Internet service at different advanced data market. And as serve, and that’s what this legislation affordable rates by eliminating regulation that impedes the competitive deployment of a result, their ability to build out these will do. advanced broadband data networks. networks and offer these services is The first is the fact that the high- ‘‘(b) FREEDOM FROM REGULATION; LIMITA- significantly circumscribed. speed cable modem service being rolled TIONS ON COMMISSION’S AUTHORITY.—Notwith- Mr. President, it’s very expensive for out by AT&T on many of the nation’s standing any other provision, including sec- to build high-speed data networks. Un- cable television systems favors its own tion 271, of this Act, nothing in this Act ap- necessary regulation increases this al- proprietary Internet service provider, plies to, or grants authority to Commission ready-steep cost and thereby limits the which limits consumer choice. Al- with respect to— ‘‘(1) the imposition of wholesale discount deployment of services to people and though AT&T’s cable customers can obligations on bulk offerings of advanced places that might otherwise receive access AOL or other Internet service services to providers of Internet services or them—and many of them are people providers of their own choice, they telecommunications carriers under section and places that won’t otherwise be must first pass through, and pay for, 251(c)(4), or the duty to provide as network served. This legislation will get rid of AT&T’s own Internet service provider, elements, under section 251(c)(3), the facili- this unnecessary regulation, thereby @Home. The fact that it typically ties and equipment used exclusively to pro- facilitating the buildout of the ad- costs around $500 a year to subscribe to vide Internet services; ‘‘(2) technical standards or specifications vanced data networks necessary to give @Home is a big disincentive to paying for the provisions of Internet services; or more Americans access to high-speed even more to access another service ‘‘(3) the provision of Internet services. Internet service at a cheaper price and provider. ‘‘(c) INTERNET SERVICES DEFINED.—In this with a greater array of service possi- The second problem is every bit as section, the term ‘Internet services’ means bilities. troubling. Even though cable sub- services, other than voice-only telecommuni- That’s called ‘‘competition,’’ Mr. scribers have only limited choice in ac- cation services, that consist of, or include— President, and some people don’t like cessing high-speed Internet service, 98 ‘‘(1) the transmission of writing, signs, signals, pictures, or sounds by means of the it very much. AT&T, for example, owns percent of Americans are even worse Internet or any other network that includes cable TV giant TCI and its proprietary off, because they aren’t served by any Internet protocol-based or other packet- Internet service provider @Home. network that can carry high-speed switched or equivalent technology, including AT&T doesn’t face the same regulatory Internet services. the facilities and equipment exclusively used restrictions as the telephone compa- Obviously, Mr. President, telephone to provide those services; and nies do, and AT&T will fight furiously networks serve almost everybody, and ‘‘(2) the transmission of data between a to retain these restrictions so that it the large telephone companies very user and the Internet or such other network. ‘‘(d) ISP NOT A PROVIDER OF INTRASTATE can continue to enjoy the ‘‘first-move’’ much want to convert their networks COMMUNICATION SERVICES.—A provider of advantage it now has in the market for and make these services available to Internet services may not be considered to high-speed Internet service. So will subscribers who might not otherwise be a carrier providing intrastate communica- other local telephone company com- get them, especially in rural and low- tion service described in section 2(b)(1) be- petitors such as MCI/Worldcom, many income areas, and also provide com- cause it provides Internet services.’’. of whom, like AT&T, prefer gaming the petitive alternatives for AT&T’s cable regulatory process to competing in the modem subscribers. But, although By Mr. KENNEDY: marketplace. AT&T can roll out cable modem service S. 1044. A bill to require coverage for They’re right about one thing, Mr. in a virtually regulation-free environ- colorectal cancer screenings; to the President—competition sure isn’t nice. ment, federal regulation significantly Committee on Health, Education, It’s tough. Some companies win, and impedes the ability of telephone com- Labor, and Pensions. some companies lose. But the impor- panies to do the same thing. THE ELIMINATE COLORECTAL CANCER ACT OF 1999 tant thing to me is this: with competi- Mr. President, this is blatantly un- ∑ Mr. KENNEDY. Mr. President, today tion, consumers win. fair to the telephone companies—but we are introducing a bill that will re- The 1996 Telecommunications Act ef- that’s not the worst of it. The benefits quire all private insurers to provide fectively nationalized telephone indus- of business development, employment, coverage for screening tests for try competition. That’s one of the and economic growth will go where the colorectal cancer. More than 56,000 many reasons I voted against it. As advanced data networks go. If these Americans die from colon cancer each subsequent events have shown, the Act benefits go to urbanized, high-income year and we know that the vast major- has been a complete and utter failure areas first, the resulting disparities ity of these tragedies could have been insofar as most Americans are con- may well be difficult, if not impossible, prevented by early detection and treat- cerned. All the average consumer has to equalize. ment. gotten are higher prices for many ex- Mr. President, I ask unanimous con- Millions of Americans are at risk of isting services, with little or no new sent the text of the bill be printed in contracting colon cancer during their competitive offerings. Most of the ad- the RECORD. lifetime. Persons over age 50 are par- vantages have accrued to gigantic, con- There being no objection, the bill was ticularly vulnerable, and so are family stantly-merging telecommunications ordered to be printed in the RECORD, as members of those who have had this companies and the big business cus- follows: illness. Effective treatments are well- tomers they serve. S. 1043 established for this disease, but it must Mr. President, we must not let this Be it enacted by the Senate and House of Rep- be detected early in order for the treat- misguided law produce the same mis- resentatives of the United States of America in ment to be successful. begotten results when it comes to mak- Congress assembled, Unfortunately, fewer than 20 percent ing high-speed data services available SECTION 1. SHORT TITLE. of Americans take advantage of the and affordable to all Americans. The This Act may be cited as the ‘‘Internet routine screening tests that can iden- service is too important, and the Regulatory Freedom Act of 1999’’. tify those who have the disease or who stakes are too high. SECTION 2. PURPOSE. are at risk. Too many physicians fail Even the former Soviet Union man- The purpose of this Act is to eliminate un- to recommend or even mention it. The aged to recognize that centralized plan- necessary regulation that impedes making cost of screening those at risk is minor ning was a flat failure, and abandoned advanced Internet service available to all Americans at affordable rates. compared to the savings gained by re- it decades ago. It’s time we started ducing the overall costs of treatment, SECTION 3. PROVISIONS OF INTERNET SERVICES. doing the same with centralized com- Part I of title II of the Communications suffering, lost productivity, and pre- petition planning under the 1996 Act, Act of 1934 (47 U.S.C. 201 et seq.) is amended mature death. and advanced data services are the best by adding at the end thereof the following: As many colon cancer survivors have place to start. Unfettered competition, ‘‘SEC. 231. PROVISION OF INTERENT SERVICES. told us, early recognition and treat- not federally-micromanaged regula- ‘‘(a) POLICY.—Since Internet services are ment are essential to winning this bat- tion, is the best way of making sure inherently interstate in nature, it is the pol- tle. Over 90% of people who have been

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5283 diagnosed as a result of these screening recovery in serious personal injury discount. This strikes at the heart of tests and then treated for this cancer cases. All too often a lump sum meant the security Congress intended when it have resumed active and productive to last for decades or even a lifetime created structured settlements.’’ lives. swiftly eroded away. Structured settle- The legislation we are introducing People on Medicare already have the ments have proven to be a very valu- would impose a substantial penalty tax right to these screening tests. The leg- able tool. They provide long-term fi- on a factoring company that purchases islation we are introducing today will nancial security in the form of an as- the structured settlement payments extend the same benefit to everyone sured stream of payments to persons from the injured victim. This is a pen- else who has private insurance cov- suffering serious, often profoundly dis- alty, not a tax increase. Similar pen- erage. Under our proposal, coverage for abling, physical injuries. These pay- alties are imposed in a variety of other screening tests will be available to ments enable the recipients to meet contexts in the Internal Revenue Code anyone over age 50, and also to younger ongoing medical and basic living ex- to discourage transactions that under- persons who are at risk for the disease penses without having to resort to the mine Code provisions, such as private or who have specific symptoms. The social safety net. foundation prohibited transactions and type of tests and frequency of tests Congress has adopted special tax greenmail. The factoring company would be determined by the doctor and rules to encourage and govern the use would pay the penalty only if it en- the patient. This is a very reasonable of structured settlements in physical gages in the transaction that Congress and cost-effective measure that is es- injury cases. By encouraging the use of has sought to discourage. An exception sential to prevent thousands of unnec- structured settlements Congress is provided for genuine court-approved essary deaths. sought to shield victims and their fam- hardship cases to protect the limited Our bill has already received support ilies from pressures to prematurely dis- instances where a true hardship war- and endorsements from all the major sipate their recoveries. Structured set- rants the sale of future structured set- gastrointestinal professional organiza- tlement payments are non-assignable. tlement payments. tions, the American Cancer Society, This is consistent with worker’s com- This bipartisan legislation, which is the American Gastroenterological As- pensation payments and various types supported by the Treasury Depart- sociation, the Cancer Research Foun- of federal disability payments which ment, should be enacted as soon as pos- dation of America, the American Soci- are also non-assignable under applica- sible to stem this growing nationwide ety for Gastrointestinal Endoscopy, ble law. In each case, this is done to problem. the American Society of Colon and preserve the injured person’s long-term Mr. President, I ask unanimous con- Rectal Surgeons, STOP Colon and Rec- financial security. sent that a copy of the bill, a summary tal Cancer Foundation, the United I am very concerned that in recent of the legislation and the article from Ostomy Association, the Colon Cancer months there has been sharp growth in U.S. News & World Report be printed in so-called structured settlement fac- Alliance, Cancer Care, Inc., and the the RECORD. American Association of Homes and toring transactions. In these trans- There being no objection, the mate- Services for the Aging. actions, companies induce injured vic- rials were ordered to be printed in the tims to sell off future structured set- A companion bill is being introduced RECORD, as follows: in the House with the bipartisan lead- tlement payments for a steeply-dis- S. 1045 ership of my respected colleagues, Con- counted lump sum, thereby unraveling Be it enacted by the Senate and House of gresswomen LOUISE SLAUGHTER and the structured settlement and the crucial long-term financial security that Representatives of the United States of America CONNIE MORELLA. They have rightly in Congress assembled, emphasized that this disease is one it provides to the injured victim. These SECTION 1. SHORT TITLE; AMENDMENT OF 1986 that affects women as much as men. I factoring company purchases directly CODE. look forward to working with them and contravene the intent and policy of (a) SHORT TITLE.—This Act may be cited as my colleagues here in the Senate to get Congress in enacting the special struc- the ‘‘Structured Settlement Protection this very important protective legisla- tured settlement tax rules. The Treas- Act’’. tion passed.∑ ury Department shares these concerns (b) AMENDMENT OF 1986 CODE.—Except as and has included a similar proposal in otherwise expressly provided, whenever in By Mr. CHAFEE (for himself, Mr. the Administration’s FY 2000 budget. this Act an amendment or repeal is ex- BAUCUS, Mr. GRASSLEY, Mr. An article in the January 25 issue of pressed in terms of an amendment to, or re- ROCKEFELLER, Mr. BREAUX, Mr. U.S. News & World Report highlights peal of, a section or other provision, the reference shall be considered to be made to a KERREY, and Mr. ROBB): the growing problem of structured set- S. 1045. A bill to amend the Internal section or other provision of the Internal tlement purchases. Orion Olson was Revenue Code of 1986. Revenue Code of 1986 to impose an ex- bitten by a dog when he was three SEC. 2. IMPOSITION OF EXCISE TAX ON PERSONS cise tax on persons who acquire struc- years old. The dog bite caused him vi- WHO ACQUIRE STRUCTURED SET- tured settlement payments in factoring sion and neurological problems. The TLEMENT PAYMENTS IN FACTORING transactions, and for other purposes; to settlement resulting from his lawsuit TRANSACTIONS. the Committee on Finance. called for Mr. Olson to receive $75,000 Subtitle E is amended by adding at the end the following new chapter: STRUCTURED SETTLEMENT PROTECTION ACT in periodic payments once he turned 18. Mr. CHAFEE. Mr. President, today I Unfortunately, Mr. Olson was lured ‘‘CHAPTER 55—STRUCTURED am introducing the Structured Settle- into selling his payments for a lump SETTLEMENT FACTORING TRANSACTIONS ment Protection Act, together with sum payment of $16,100. Within six ‘‘Sec. 5891. Structured settlement factoring Senators BAUCUS, GRASSLEY, ROCKE- months this money was gone and Mr. transactions. FELLER, BREAUX, and KERREY of Ne- Olson was living in a car. ‘‘SEC. 5891. STRUCTURED SETTLEMENT FAC- braska. Companion legislation has been Last year, the National Spinal Cord TORING TRANSACTIONS. introduced in the House as H.R. 263, Injury Association wrote to the Chair- ‘‘(a) IMPOSITION OF TAX.—There is hereby man of the Finance Committee strong- imposed on any person who acquires directly sponsored by Representatives CLAY or indirectly structured settlement payment SHAW and PETE STARK and a broad bi- ly supporting the legislation. They rights in a structured settlement factoring partisan group of Members of the stated: [o]ver the past 16 years, struc- transaction a tax equal to 50 percent of the House Ways and Means Committee. tured settlements have proven to be an factoring discount as determined under sub- The Act protects structured settle- ideal method for ensuring that persons section (c)(4) with respect to such factoring ments and the injured victims who are with disabilities, particularly minors, transaction. the recipients of the structured settle- are not tempted to squander resources ‘‘(b) EXCEPTION FOR COURT-APPROVED ment payments from the problems designed to last years or even a life- HARDSHIP.—The tax under subsection (a) time. That is why the National Spinal shall not apply in the case of a structured caused by a growing practice known as settlement factoring transaction in which structured settlement factoring. Cord Injury Association is so deeply the transfer of structured settlement pay- Structured settlements were devel- concerned about the emergence of comment rights is— oped because of the pitfalls associated panies that purchase payments in- ‘‘(1) otherwise permissible under applicable with the traditional lump sum form of tended for disabled persons at drastic law, and

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5284 CONGRESSIONAL RECORD — SENATE May 13, 1999 ‘‘(2) undertaken pursuant to the order of toring transaction of amounts received by The excise tax under the Act would apply the relevant court or administrative author- the structured settlement recipient.’’ to the factoring of structured settlements in ity finding that the extraordinary, unantici- SEC. 3. TAX INFORMATION REPORTING OBLIGA- tort cases and in workers’ compensation. A pated, and imminent needs of the structured TIONS. structured settlement factoring transaction settlement recipient or the recipient’s Subpart B of part III of subchapter A of subject to the excise tax is broadly defined spouse or dependents render such a transfer chapter 61 is amended by adding at the end under the Act as a transfer of structured set- appropriate. the following new section: tlement payment rights (including portions ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘SEC. 6050T. REPORTING REQUIREMENTS RE- of payments) made for consideration by tion— GARDING STRUCTURED SETTLE- means of sale, assignment, pledge, or other MENT FACTORING TRANSACTIONS. ‘‘(1) STRUCTURED SETTLEMENT.—The term form of alienation or encumbrance for con- ‘structured settlement’ means an arrange- ‘‘(a) IN GENERAL.—In the case of a transfer sideration. of structured settlement payment rights in a ment— 2. EXCEPTION FROM EXCISE TAX FOR GENUINE, structured settlement factoring trans- ‘‘(A) established by— COURT-APPROVED HARDSHIP action— ‘‘(i) suit or agreement for the periodic pay- The stringent excise tax would be coupled ‘‘(1) described in section 5891(b) and of ment of damages excludable from the gross with a limited exception for genuine, court- which the person making the structured set- income of the recipient under section approved financial hardship situations. The tlement payments has actual notice and 104(a)(2), or excise tax would apply to factoring compa- knowledge, such person shall make such re- ‘‘(ii) agreement for the periodic payment of nies in all structured settlement factoring turn and furnish such written statement to compensation under any workers’ compensa- transactions except those in which the trans- the acquirer of the structured settlement tion act that is excludable from the gross in- fer of structured settlement payment rights payment rights as would be applicable under come of the recipient under section 104(a)(1), (1) is otherwise permissible under applicable the provisions of section 6041 (except as pro- and Federal and State law and (2) is undertaken vided in subsection (c) of this section), or ‘‘(B) where the periodic payments are— pursuant to the order of a court (or where ‘‘(2) subject to tax under section 5891(a) ‘‘(i) of the character described in subpara- applicable, an administrative authority) and of which the person making the struc- graphs (A) and (B) of section 130(c)(2), and finding that the extraordinary, unantici- tured settlement payments has actual notice ‘‘(ii) payable by a person who is a party to pated, and imminent needs of the structured and knowledge, such person shall make such the suit or agreement or to the workers’ settlement recipient or his or her spouse or return and furnish such written statement to compensation claim or by a person who has dependents render such a transfer appro- the acquirer of the structured settlement assumed the liability for such periodic pay- priate. payment rights at such time, and in such ments under a qualified assignment in ac- This exception is intended to apply to the manner and form, as the Secretary shall by cordance with section 130. limited number of cases in which a genuinely regulations prescribe. ‘‘(2) STRUCTURED SETTLEMENT PAYMENT extraordinary, unanticipated, and imminent ‘‘(b) COORDINATION WITH OTHER PROVI- RIGHTS.—The term ‘structured settlement hardship has actually arisen and been dem- SIONS.—The provisions of this section shall onstrated to the satisfaction of a court (e.g., payment rights’ means rights to receive pay- apply in lieu of any other provisions of this serious medical emergency for a family ments under a structured settlement. part to establish the reporting obligations of member). In addition, as a threshold matter, ‘‘(3) STRUCTURED SETTLEMENT FACTORING the person making the structured settlement the transfer of structured settlement pay- TRANSACTION.—The term ‘structured settle- payments in the event of a structured settlement factoring transaction’ means a transfer ment factoring transaction. The provisions ment rights must be permissible under appli- of structured settlement payment rights (in- of section 3405 regarding withholding shall cable law, including State law. The hardship cluding portions of structured settlement not apply to the person making the struc- exception under this legislation is not in- payments) made for consideration by means tured settlement payments in the event of a tended to override any Federal or State law of sale, assignment, pledge, or other form of structured settlement factoring transaction. prohibition or restriction on the transfer of encumbrance or alienation for consideration. ‘‘(c) DEFINITION.—For purposes of this sec- the payment rights or to authorize factoring ‘‘(4) FACTORING DISCOUNT.—The term ‘faction, the term ‘acquirer of the structured of payment rights that are not transferable toring discount’ means an amount equal to settlement payment rights’ shall include any under Federal or State law. For example, the the excess of— person described in section 7701(a)(1).’’ States in general prohibit the factoring of ‘‘(A) the aggregate undiscounted amount of SEC. 4. EFFECTIVE DATE. workers’ compensation benefits. In addition, structured settlement payments being ac- The amendments made by this Act shall be State laws often prohibit or directly restrict quired in the structured settlement factoring effective with respect to structured settle- transfers of recoveries in various types of transaction, over ment factoring transactions (as defined in personal injury cases, such as wrongful death ‘‘(B) the total amount actually paid by the section 5891(c)(3) of the Internal Revenue and medical malpractice. acquirer to the person from whom such Code of 1986, as added by this Act) occurring The relevant court for purposes of the structured settlement payments are ac- after the date of enactment of this Act. hardship exception would be the original quired. court which had jurisdiction over the under- ‘‘(5) RELEVANT COURT OR ADMINISTRATIVE SUMMARY OF THE STRUCTURED SETTLEMENT lying action or proceeding that was resolved AUTHORITY.—The term ‘relevant court or ad- PROTECTION ACT by means of the structured settlement. In ministrative authority’ means— 1. STRINGENT EXCISE TAX ON PERSONS WHO AC- the event that no action had been brought ‘‘(A) the court (or where applicable, the ad- QUIRE STRUCTURED SETTLEMENT PAYMENTS prior to the settlement, the relevant court ministrative authority) which had jurisdic- IN FACTORING TRANSACTIONS would be that which would have had jurisdiction over the claim that is the subject of the tion over the underlying action or pro- Factoring company purchases of struc- structured settlement or which would have ceeding that was resolved by means of the tured settlement payments so directly sub- jurisdiction by reason of the residence of the structured settlement, or vert the Congressional policy underlying structured settlement recipient. In those ‘‘(B) in the event that no action or pro- structured settlements and raise such seri- ceeding was brought, a court (or where appli- ous concerns for the injured victims that it limited instances in which an administrative cable, the administrative authority) which— is appropriate to impose a stringent excise authority adjudicates, resolves, or otherwise ‘‘(i) would have had jurisdiction over the tax against the amount of the discount re- has primary jurisdiction over the claim (e.g., claim that is the subject of the structured flected in the factoring transaction (subject the Vaccine Injury Compensation Trust settlement, or to a limited exception described below for Fund), the hardship matter would be the ‘‘(ii) has jurisdiction by reason of the resi- genuine court-approved hardships). Accord- province of that applicable administrative dence of the structured settlement recipient. ingly, the Act would impose on the factoring authority. ‘‘(d) COORDINATION WITH OTHER PROVI- company that acquires structured settle- 3. NEED TO PROTECT TAX TREATMENT OF SIONS.— ment payments directly or indirectly from ORIGINAL STRUCTURED SETTLEMENT ‘‘(1) IN GENERAL.—In any case where the the injured victim an excise tax equal to 50 In the limited instances of extraordinary applicable requirements of sections 72, 130, percent of the difference between (i) the and unanticipated hardship determined by and 461(h) were satisfied at the time the total amount of the structured settlement court order to warrant relief under the hard- structured settlement was entered into, the payments purchased by the factoring com- ship exception, adverse tax consequences subsequent occurrence of a structured settle- pany, and (ii) the heavily-discounted lump should not be visited upon the other parties ment factoring transaction shall not affect sum paid by the factoring company to the in- to the original structured settlement. In ad- the application of the provisions of such sec- jured victim. dition, despite the anti-assignment provi- tions to the parties to the structured settle- Similar to the stiff excise taxes imposed on sions included in the structured settlement ment (including an assignee under a quali- prohibited transactions in the private foun- agreements and the applicability of a strin- fied assignment under section 130) in any dation and pension contexts—which can gent excise tax on the factoring company, taxable year. range as high as 100 to 200 percent—this there may be a limited number of non-hard- ‘‘(2) REGULATIONS.—The Secretary is au- stringent excise tax is necessary to address ship factoring transactions that still go for- thorized to prescribe such regulations as the very serious public policy concerns ward. If the structured settlement tax rules may be necessary to clarify the treatment in raised by structured settlement factoring under I.R.C. Sections 72, 130 and 461(h) had the event of a structured settlement fac- transactions. been satisfied at the time of the structured

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5285 settlement, the original tax treatment of the place, the payor would be obligated to make large damage awards. In 1982, seeking to pre- other parties to the settlement—i.e., the set- such return and to furnish such written vent accident victims from frittering away tling defendant (and its liability insurer) and statement to the payment recipient at such large sums intended to provide for them over the Code section 130 assignee—should not be time, and in such manner and form, as the their lifetimes, Congress instituted tax jeopardized by a third party transaction that Secretary of the Treasury shall by regula- breaks for those who agreed to receive their occurs years later and likely unbeknownst to tions provide. In these instances, the payor money over a period of years. But now, con- these other parties to the original settle- may have incomplete information regarding tends Montana Sen. Max Baucus, a sponsor ment. the factoring transaction, and hence a tai- of that legislation, the careful planning that Accordingly, the Act would clarify that if lored reporting procedure under Treasury goes into the structuring of these payments the structured settlement tax rules under regulations is necessary. ‘‘can be unraveled in an instant by a fac- I.R.C. Sections 72, 130, and 461(h) had been The person making the structured settle- toring company offering quick cash at a satisfied at the time of the structured settlement payments would not be subject to any steep discount.’’ ment, the section 130 exclusion of the as- tax reporting obligation if that person A number of advanced-funding companies signee, the section 461(h) deduction of the lacked such actual notice and knowledge of compete for their share of future payments settling defendant, and the Code section 72 the factoring transaction. Under the Act, for that include more than $5 billion in struc- status of the annuity being used to fund the purposes of the reporting obligations, the tured settlements awarded each year. The largest buyer is Wentworth, handling an es- periodic payments would remain undis- term acquirer of the structured settlement timated half of all such transactions. Based turbed. That is, the assignee’s exclusion of payment rights’’ would be broadly defined to in Philadelphia, the firm began by financing income under Code section 130 arising from include an individual, trust, estate, partner- nursing homes and long-term care facilities. satisfaction of all of the section 130 qualified ship, company, or corporation. In 1992 it started buying settlements that assignment rules at the time the structured The provisions of section 3405 regarding auto-accident victims were owed by the state settlement was entered into years earlier withholding would not apply to the person of New Jersey. Since then, Wentworth has would not be challenged. Similarly, the set- making the structured settlement payments completed more than 15,000 structured-settling defendant’s deduction under Code sec- in the event that a structured settlement tlement transactions with an approximate tion 461(h) of the amount paid to the as- factoring transaction occurs. total value of $370 million. signee to assume the liability would not be 5. EFFECTIVE DATE The deals work like this: A structured-set- challenged. Finally, the status under Code The provisions of the Act would be effec- tlement recipient who wants to sell, say, section 72 of the annuity being used to fund tive with respect to structured settlement $50,000 in future payments, will not get a the periodic payments would remain undis- factoring transactions occurring after the limp sum of $50,000. That’s because, as a re- turbed. date of enactment of the Act. sult of inflation, money schedule to be paid The Act provides the Secretary of the years from now is worth less today. For- Treasury with regulatory authority to clar- [From U.S. News & World Report, Jan. 25, mulas based on such factors as inflation and ify the treatment of a structured settlement 1999] the date that payments begin are used to de- recipient who engages in a factoring trans- termine the ‘‘present value’’ of the future SETTLING FOR LESS action. This regulatory authority is provided payments. The seller is, in essence, bor- to enable Treasury to address issues raised SHOULD ACCIDENT VICTIMS SELL THEIR rowing a lump sum that is paid back with regarding the treatment of future periodic MONTHLY PAYOUTS? the insurance company payments. The inter- payments received by the structured settle- (By Margaret Mannix) est on the borrowed sum is called the ‘‘dis- ment recipient where only a portion of the Orion Olson has had his share of hard count rate.’’ payments has been factored away, the treat- knocks. When he was a 3 year old, a dog bite Wentworth and other advanced-funding ment of the lump sum received in a factoring caused him vision and neurological prob- companies say they are providing a valuable transaction qualifying for the hardship ex- lems, as well as injuries requiring plastic service because structured settlements have ception, and the treatment of the lump sum surgery. In his teens, he dropped out of high a basic flaw: They are not flexible. Consumer received in the non-hardship situation. It is school and wound up homeless. But he had needs change, they note, and a fixed monthly intended that where the requirements of sec- hope. On his 18th birthday, the Minneapolis payment does not. Wentworth points to an tion 130 are satisfied at the time the struc- man was to start receiving the first of five Ohio woman who sold the company a $500 tured settlement is entered into, the exist- periodic payments totaling $75,000 from a portion of her monthly payments for six ence of the hardship exception to the excise lawsuit stemming from the dog attack. He years when her bills were piling up and her tax under the Act shall not be construed as received the first installment of $7,500, but home mortgage was about to be foreclosed. giving rise to any concern over constructive the money didn’t last long. She received instant cash of $21,000, at a dis- receipt of income by the injured victim at So when Olson saw a television ad for a fi- count rate of 15.8 percent. The customer, the time of the structured settlement. nance company named J. G. Wentworth & who did not wish to be identified, says she is 4. TAX INFORMATION REPORTING OBLIGATIONS Co. that provided cash to accident victims, grateful to Wentworth for advancing her the WITH RESPECT TO A STRUCTURED SETTLE- he saw a way to get his life back on track. money when her insurance company would MENT FACTORING TRANSACTION He agreed to sell his remaining future pay- not. ‘‘The insurance companies just don’t understand,’’ she says, ‘‘When I needed their The Act would clarify the tax reporting ob- ments of $67,500 to Wentworth for a lump help, they were not there.’’ Likewise, a New ligations of the person making the struc- sum of $16,100. ‘‘I needed money,’’ says Olson, York quadriplegic, who also did not want to tured settlement payments in the event that now 20 years old. ‘‘If I could get the money be named, says he secured funds from Went- a structured settlement factoring trans- out like they were saying on TV, I wouldn’t worth at a 12 percent discount rate to expand action occurs. The Act adopts a new section have to worry about being on the street any- his won business and, as a result, is more more.’’ Within six months, however, Olson of the Code that is intended to govern the successful than ever. ‘‘It was definitely had spent all the money and was living in a payor’s tax reporting obligations in the worth it for me,’’ he ways. event of a factoring transaction. car. He now wishes he had waited for his reg- But other customers are not as satisfied. In the case of a court-approved transfer of ular payments. New York City resident Raymond White lost structured settlement payments of which the Olson may be financially unsophisticated, part of one leg when we has struck by a sub- person making the payments has actual no- but he is also caught up in a burgeoning, and way train in 1990. A lawsuit led to a settle- tice and knowledge, the fact of the transfer unregulated, new industry that specializes in ment that guaranteed White a monthly pay- and the identity of the acquirer clearly will converting periodic payments into fast cash. ment of $1,100, with annual cost-of-living in- be known. Accordingly, it is appropriate for Also known as factoring companies, these creases of 3 percent. In 1996, White, who did the person making the structured settlement firms can be a godsend to accident victims, not have a job, wanted cash to buy a car and payments to make such return and to fur- lottery winners, and others who have guar- pay medical bills. So he turned to Went- nish such tax information statement to the anteed future incomes but need immediate worth, selling portions of his monthly pay- new recipient of the payments as would be funds. But like a modern-day Esau trading ments for the next 15 years in six different applicable under the annuity information re- his inheritance for a bowl of soup, the un- transactions. porting procedures of Code section 6041 (e.g., wary consumer may be selling future suste- Altogether White gave up future payments form 1099–R), because the payor will have the nance for cheap. A growing number of federal totaling $198,000. He received a total of information necessary to make such return and state legislators, as well as several at- $54,000 in return, but the money, which he and to furnish such statement. torneys general, contend that factoring com- used for living expenses, is now gone. He Despite the anti-assignment restrictions panies charge usurious interest rates, fail to bought a car, but it has been repossessed. He applicable to structured settlements and the properly disclose terms, and take advantage bought a plot of land in Florida, but lost it applicability of a stringent excise tax, there of desperate people. ‘‘It’s unconscionable,’’ to foreclosure. With debts mounting, he now may be a limited number of non-hardship says Minnesota Attorney General Mike relies partially on public assistance to get factoring transactions that still go forward. Hatch. ‘‘They are really preying upon the by. ‘‘Unfortunately I was so overwhelmed In these instances, if the person making the vulnerable.’’ with debt and striving for a better life that structured settlement payments has actual Frittering away. Critics further allege that I went along with it,’’ says White. ‘‘In re- notice and knowledge that a structured set- factoring companies undermine the very law ality, what I was doing was accumulating tlement factoring transaction has taken that Congress passed to help beneficiaries of more debt for myself.’’

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5286 CONGRESSIONAL RECORD — SENATE May 13, 1999 Some Wentworth customers say they that. In exchange, Hicks received $37,500, judge approves the transaction. Wentworth might have realized the repercussions of which he admits he quickly spent on fur- notes that more than 100 such sales have their transactions had the contracts been niture, clothes, and other items. When Went- been approved. At the same time, several clearer about the long-term costs. Jerry worth failed to receive a check from the in- state attorneys general are examining the Magee of Magnolia, Miss., who has filed a surance company that pays Hicks the annu- factoring industry’s practices. ‘‘You have got class action suit against the company, is one ity, it secured a judgment against him for to worry about people who have a debili- of them. In a mortgage contract, for in- the entire amount of the deal—$71,000. tating injury,’’ says Joseph Goldberg, senior stance, lending laws require that consumers No clue. To collect, Wentworth garnisheed deputy attorney general for Pennsylvania. see their interest rate and the total amount Metropolitan Life, meaning that Metropoli- ‘‘The injury is never going away and they of money they will be paying over the life of tan Life was supposed to start sending have no real means of income and probably the loan. By contrast, Magee’s lawyer says, Hicks’s monthly checks to Wentworth. It did no means of employment.... If they give neither the effective interest rate nor the not—the company won’t say why—and that monthly payment up, it could have seri- total amount of the transaction was clearly Hicks, who was supposed to be getting $1,000 ous consequences.’’ Voicing similar concerns, spelled out in the 13-page contract or in the back from Wentworth, was left with nothing. disability groups like the National Spinal 25 other documents Wentworth required him ‘‘When the money stopped, I had no clue Cord Injury Association, which now refuses to sign. Wentworth says it has been revising what was going on,’’ says Hicks, who had to to accept factoring companies’ advertise- its documents to make them easier to under- rely on family and friends until the two comments in its magazine, are warning members stand. panies settled their differences in court. about the hazards of cashing out. The asso- Change of address. While the factoring Hicks now wishes he had never gotten in- ciation is ‘‘deeply concerned about the emer- transaction itself is complex, the transfer of volved with Wentworth. ‘‘They make you gency of companies that purchase payments payments is simple. The structured settle- think you are doing the right thing in the intended for disabled persons at a drastic dis- ment recipient instructs the insurance com- long run,’’ says Hicks, ‘‘but you are really count,’’ says its executive director, Thomas pany to change his or her address to that of messing up your life.’’ Countee. the factoring company. The check remains Wentworth makes liberal use of confes- While opinions are divided about the valid- in the recipient’s name, and the factoring sion-of-judgment clauses even though they ity of factoring transactions, both sides company uses a power of attorney, granted are illegal in consumer transactions in the agree that regulation of the secondary mar- by the recipient, to cash it. company’s home state of Pennsylvania. The ket is necessary. As in Illinois, Connecticut This roundabout method is used because Federal Trade Commission also bans the and Kentucky have passed laws requiring a insurance companies say structured pay- clauses as an unfair practice in consumer- judge’s approval of advanced-funding deals, ments should not be sold. Most settlement credit transactions. The clauses are allow- as well as fuller disclosure of costs. Faced contracts specify that payments cannot be able in business transactions in Pennsyl- with mounting criticism, Wentworth this ‘‘assigned,’’ and the Internal Revenue Serv- vania if they are accompanied by a state- week will announce its pledge to submit ice says that payments ‘‘cannot be acceler- ment of business purpose. So in each case every request for purchase of a settlement to ated, deferred, increased or decreased.’’ Sell- Wentworth certifies that the agreements a court for approval. Other states are ex- ing payments, the insurance companies say, ‘‘were not entered into for family, personal, pected to address the issue this year, and in amounts to accelerating them. And that may or household purposes.’’ Congress, Rep. Clay Shaw, a Florida Repub- threaten the claimant’s tax break. Insurance Such language is used in affidavits despite lican, has reintroduced a measure that would companies say that if their annuitants start cases like that of Davinia Willis, a 24-year- tax factoring transactions. selling their payments, the social good that old resident of Richmond, Calif., who entered The factoring companies respond to all justifies the tax break disappears. Ironically, into a transaction with Wentworth in 1996 to these efforts by also calling for better disclo- they make this argument even though some stop her house from being foreclosed upon sure from the primary market—the insur- insurance companies themselves are not and to repair wheelchair ramps—clearly, she ance companies, attorneys, and brokers that making counteroffers to factoring compa- says, personal uses. In a class action lawsuit set up the structured settlements in the first nies, accelerating payments to their own against the company, she cites the confes- place. Factoring companies argue that struc- claimants. Berkshire Hathaway Life Insur- sion of judgment as one reason why the con- tured settlements are not always as generous ance Co., for example, recently offered a tract is ‘‘illegal, usurious, and unconscion- as they are represented to be. ‘‘We challenge claimant a lump sum of $59,000, beating able.’’ Wentworth says the clauses are nec- insurance companies and their brokers to Wentworth’s offer of $45,000. The IRS has not essary to keep its customers from reneging take the same pledge.’’ said Michael Good- formally addressed the tax issues, but the on their agreements. man, Wentworth’s executive vice president. U.S. Department of the Treasury has rec- In the end, the controversy over factoring Whatever the outcome of the debate, con- ommended a tax on factoring transactions to companies comes down to a fundamental dis- sumers thinking about selling their future discourage them. agreement over the definition of their busi- payments are well advised to take a hard Insurance companies also worry about hav- ness. The factoring companies say they are look at what they are getting into. ing to pay twice. Last year, a judge ruled an not subject to usury or consumer-credit dis- ∑ Mr. BAUCUS. Mr. President, I am insurance company was obligated to pay a closure laws because they are not, in fact, workers’ compensation recipient his month- lenders. ‘‘We don’t make loans,’’ declares An- pleased to join today with Senator ly payments because the factoring trans- drew Hillman, Wentworth’s general counsel. CHAFEE and a bipartisan group of our action he entered into was invalid under ‘‘We buy assets.’’ But some state attorneys colleagues from the Finance Com- Florida’s workers’ compensation statute. general say these transactions differ very lit- mittee in introducing the Structured For their part, the factoring companies tle, if at all, from loans and perhaps should Settlement Protection Act. argue that even though the claimants do not be classified as such. That way, says Shirley Companion legislation has been in- own the annuities—the insurance companies Sarna, chief of the New York attorney gen- troduced in the House (H.R. 263) by do—the factoring companies can buy the eral’s consumer fraud and protection bureau, Representatives CLAY SHAW and PETE ‘‘right to receive’’ the payments. the law could prevent factoring companies STARK. The House legislation is co- Insurance companies are getting wise to from charging discount rates that she says these factoring deals—CNA, a Chicago-based in some cases have exceeded 75 percent. sponsored by a broad bipartisan group insurer, noticed that annuitants from all Wentworth says its average rate is 16 per- of Members of the House Ways and over the country were changing their ad- cent, and several factoring companies insist Means Committee. dresses to Wentworth’s Philadelphia post of- their rates would be much lower if insurance The Treasury Department supports fice box—and some are trying to stop the companies did not make it expensive from this bipartisan legislation transactions. Some insurance companies, for them to complete the deals. ‘‘By getting the I speak today as the original Senate example, refuse to honor change-of-address insurance companies to process the address sponsor of the structured settlement requests or redirect the payments back to changes, it would overnight transform our tax rules that Congress enacted in 1982. the annuitant after the deal is done. But re- discount rates from high teens to the single I rise because of my very grave concern directing a payment can cause serious con- digits,’’ says Jeffrey Grieco, managing direc- that the recent emergence of struc- sequences for the claimant. In Wentworth’s tor of Stone Street Capital, an advanced- case, the company has each customer sign a funding firm in Bethesda, Md. tured settlement factoring trans- clause called a ‘‘confession of judgment,’’ Who is right and who is wrong is being actions—in which favoring companies which allows the factoring company to sue hammered out in courtrooms and state- buy up the structured settlement pay- customers quickly for default when their houses across the country. The insurance ments from injured victims in return payments are not received; customers also companies were heartened last summer when for a deeply-discounted lump sum— waive the right to defend themselves. a Kentucky judge denied four of Wentworth’s complete undermines what Congress Christopher Hicks, a 20-year-old accident garnishment actions, saying the purchase intended when we enacted these struc- victim from Oklahoma City, learned the ef- agreements the customers signed were nei- fects of that clause the hard way. In 1997, ther valid nor legal. But other courts have tured settlement tax rules. Hicks signed over to Wentworth half of his ruled differently. In introducing the original 1982 legis- $2,000 monthly payments for the next 32 In Illinois, a new state law says that struc- lation, I pointed to the concern over months and $1,500 for the 26 months after tured settlements can be sold as long as a the premature dissipation of lump sum

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5287 recoveries by seriously-injured victims That is why the National Spinal Cord This provision was included in the and their families: Injury Association and the American Robb amendment to S. 254, the Violent In the past, these awards have typically Association of Persons With Disabil- and Repeat Juvenile Offender Account- been paid by defendants to successful plain- ities (AAPD) actively support the legis- ability and Rehabilitation Act of 1999, tiffs in the form of a single payment settle- lation we are introducing today. The which was unfortunately tabled earlier ment. This approach has proven unsatisfac- National Spinal Cord Injury Associa- this week. tory, however, in many cases because it as- tion stated in a recent letter to Chair- The problem of mental illness sumes that injured parties will wisely man- plagues an alarming number of youth, age large sums of money so as to provide for man ROTH of the Finance Committee their lifetime needs. In fact, many of these that the Spinal Cord Injury Associa- who too often find themselves caught successful litigants, particularly minors, tion is ‘‘deeply concerned about the up in the juvenile justice system. have dissipated their awards in a few years emergency of companies that purchase While overall crime rates in this coun- and are then without means of support. [CON- payments intended for disabled persons try have been in decline for the past GRESSIONAL RECORD (daily ed.) 12/10/81, at at drastic discount. This strikes at the few years, we have seen alarming in- S15005.] heart of the security Congress intended creases in the number of serious and I introduced the original legislation when it created structured settle- violent crimes committed by minors. to encourage structured settlements ments.’’ Each year, more than two million because they provide a better ap- As a long-time supporter of struc- youngsters under the age of 18 are ar- proach, as I said at the time: ‘‘Periodic tured settlements and an architect of rested. What’s more, statistics show payment settlements, on the other the Congressional policy embodied in that thirty percent of these young peo- hand, provide plaintiffs with a steady the structured settlement tax rules, I ple will commit another crime within a income over a long period of time and cannot stand by as this structured set- year of their initial arrest. insulate them from pressures to squan- tlement factoring problem continues to Often, society views these young peo- der their awards.’’ (Id.) mushroom across the country, leaving ple, who have turned to crime at such Thus, our focus in enacting these tax injured victims without financial an early age, as a ‘‘lost cause’’ or sim- rules in section 104(a)(2) and 130 of the means for the future and forcing the ply beyond hope of rehabilitation. The Internal Revenue Code was to encour- injured victims onto the social safety said fact that often gets overlooked is age and govern the use of structured net—precisely the result that we were that many of these youngsters are bat- settlements in order to provide long- seeking to avoid when we enacted the tling with a serious emotional or men- term financial security to seriously-in- structured settlement tax rules. tal disorder that winds up manifesting jured victims and their families and to Accordingly, I am pleased to join itself in criminal behavior. We cannot insulate them from pressures to squan- with Senator CHAFEE in introducing condone this behavior, yet, we as a so- der their awards. the Structured Settlement Protection ciety have failed to dedicate the re- Over the almost two decades since we Act. The legislation would impose a sources necessary to bring these chil- enacted these tax rules, structured set- substantial penalty tax on a factoring dren back from the edge of self-de- tlements have proven to be a very ef- company that purchases structured struction. fective means of providing long-term settlement payments from an injured The legislation I am introducing financial protection to persons with se- victim. There is ample precedent today would help local agencies to co- rious, long-term physical injuries throughout the Internal Revenue Code, ordinate the array of mental health, through an assured stream of payments such as the tax-exempt organization substance abuse, vocational, and edu- designed to meet the victim’s ongoing area, for the use of penalties to dis- cation services a youngster may need expenses for medical care, living, and courage transactions that undermine to successfully transition back into the family support. Structured settlements existing provisions of the Code. I would mainstream. Once a youth has been are voluntary agreements reached be- stress that this is a penalty, not a tax through the juvenile or criminal jus- tween the parties that are negotiated increase—the factoring company only tice system, we need to do all we can to by counsel and tailored to meet the pays the penalty if it undertakes the prevent a similar incident. If these specific medical and living needs of the factoring transaction that Congress is children have been identified as having victim and his or her family, often seeking to discourage because the a mental or emotional disorder, they with the aid of economic experts. This transaction thwarts a clear Congres- need to have access to appropriate process may be overseen by the court, sional policy. Under the Act, the impo- treatment and services while they are particularly in minor’s cases. Often, sition of the penalty would be subject incarcerated, but perhaps more impera- the structured settlement payment to an exception for court-approved tively when they leave incarceration. stream is for the rest of the victim’s hardship cases to protect the limited Turning these young people out on the life to ensure that future medical ex- instances of true hardship of the vic- street with no services to facilitate penses and the family’s basic living tim. their transition does not help these needs will be met and that the victim I urge my colleagues that the time to children and does not help society as a will not outlive his or her compensa- act is now, to stem as quickly as pos- whole. tion. sible these harsh consequences that Studies have found the rate of men- I now find that all of this careful structured settlement factoring trans- tal disorder is two to three times high- planning and long-term financial secu- actions visit upon seriously-injured er among the juvenile offender popu- rity for the victim and his or her fam- victims and their families.∑ lation than among youth in the general ily can be unraveled in an instant by a population. According to a 1994 Depart- factoring company offering quick cash By Mr. REED: ment of Justice study, 73 percent of ju- at a steep discount. What happens next S. 1046. A bill to amend title V of the venile offenders reported mental health month or next year when the lump sum Public Health Service Act to revise and problems and 57 percent reported past from the factoring company is gone, extend certain programs under the au- treatment for their condition. In addi- and the stream of payments for future thority of the Substance Abuse and tion, it is estimated that over 60 per- financial support is no longer coming Mental Health Service Administration, cent of youth in the juvenile justice in? These structured settlement fac- and for other purposes; to the Com- system have substance abuse disorders, toring transactions place the injured mittee on Health, Education, Labor, compared to 22 percent in the general victim in the very predicament that and Pensions. population. the structured settlement was intended WRAP AROUND SERVICES FOR DETAINED OR In an effort to bring desperately to avoid. INCARCERATED YOUTH ACT OF 1999 needed mental health services to this Court records show that across the Mr. REED. Mr. President, I rise terribly underserved population, my country factoring companies are buy- today to introduce legislation that legislation would authorize the Sub- ing up future structured settlement would help local communities coordi- stance Abuse and Mental Health Serv- payments from persons who are quad- nate services for juvenile offenders who ices Administration (SAMHSA), in col- riplegic, paraplegic, have traumatic are leaving the juvenile justice system laboration with the Departments of brain injuries or other grave injuries. and returning to their communities. Justice and Education, to administer a

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5288 CONGRESSIONAL RECORD — SENATE May 13, 1999 competitive grant program that re- I am pleased to introduce this legis- to determine what is in their con- sponds to the array of social and edu- lation today. The provisions outlined sumers’ best interests. Let me speak cational needs of children who are in this bill will help community agen- now about some of the key provisions leaving the juvenile justice system. cies to coordinate services, which will of the Administration’s legislation. These cooperative ‘‘wrap-around prevent these troubled juveniles from There are several important compo- services’’ would enable juvenile justice committing additional crimes and fall- nents of the Administration’s legisla- agencies to work together with edu- ing into a life on the fringes of society. tion that I strongly support. For exam- cational and health agencies to provide It is in our best interest to take re- ple, it proposes to repeal the Public transitional services for youth who sponsibility for these teens instead of Utility Holding Company Act (PUHCA) have had contact with the juvenile jus- turning our backs on them at such a and the Public Utility Regulatory Poli- tice system, in order to decrease the critical stage. cies Act of 1978 (PURPA), two anti- likelihood that these young people will competitive laws that cost consumers commit additional criminal offenses. By Mr. MURKOWSKI (for himself billions of dollars every year in above- These services, which would be tar- and Mr. BINGAMAN) (by re- market electric rates. If we do nothing geted toward youth offenders who have quest): else, repeal of PUHCA and PURPA serious emotional disturbances or are S. 1047. A bill to provide for a more would materially advance competition at risk of developing such disturbances, competitive electric power industry and reduce electric rates to consumers. could include diagnostic and evalua- and for other purposes; to the Com- The Administration’s legislation also tion services, substance abuse treat- mittee on Energy and Natural Re- shows a clear interest in addressing ment, outpatient mental health care, sources. several contentious issues left out in medication management, intensive S. 1048. A bill to provide for a more their bill in the last Congress. For ex- home-based therapy, intensive day competitive electric power industry, ample, the Administration’s legislation treatment services, respite care, and and for other purposes, to the Com- includes provisions that will begin the therapeutic foster care. mittee on Finance. debate on what to do about the Federal I think it is important for my col- COMPREHENSIVE ELECTRICITY COMPETITION AND utilities—the Federal power marketing leagues to note that this proposal is TAX ACTS administrations and the Tennessee modeled after existing programs with a Mr. MURKOWSKI. Mr. President, at Valley Authority. The Administra- proven record of success. For instance, the request of the Administration, Sen- tion’s legislation also takes a signifi- my home state of Rhode Island is one ator BINGAMAN and I are introducing cant step forward by addressing the of four states (the others include Cali- the President’s proposed electricity very difficult issue of creating a level fornia, Wisconsin, and Virginia) that legislation. The Administration’s legis- playing field between municipal and has sought to target teens who have lation is being introduced as two sepa- private utilities—the tax-exempt mu- been diagnosed with a serious emo- rate bills because Title X of their pro- nicipal bond issue. This is an issue that tional disturbance and provide them posed legislation amends the Internal must be dealt with. The Administra- with the services they need to get back Revenue Code. I will speak first with tion’s bill also addresses reliability and on track. respect to the restructuring portion of it makes all wholesale transmission The Rhode Island Department of the Administration’s legislation, Titles open access, two very important mat- Youth and Families last year initiated I through IX. ters. Also of note is the Administra- a statewide program called ‘‘Project Mr. President, I am not introducing tion’s recognition of the need to deal Hope’’, for youth ages 12 to 18 with se- the restructuring portion of the Ad- with the high cost of electricity in rious emotional disturbances who are ministration’s legislation because I rural communities. Senator DASCHLE in the process of transitioning from the support it—I do not. Some of its provi- and I have introduced legislation to Rhode Island Training School back sions I agree with, but many of its key deal with this problem, and the Admin- into their communities. The goal of the provisions I am opposed to. Instead, I istration’s legislation incorporates partnership is to develop a single, com- am introducing the Administration’s part of our bill. munity-based system of care for these legislation in order to initiate the de- There are, however, several provi- children to reduce the likelihood that bate in the hope that through the legis- sions in the Administration’s legisla- they will re-offend. The program brings lative process Congress can craft legis- tion that I am opposed to. First, I do a core set of services to these young lation that will enjoy bipartisan sup- not support its Federal retail competi- people that includes health care, sub- port and will benefit consumers. tion mandate which overrides State stance abuse treatment, educational/ At the outset, let me observe that law. I see no need for this. The States vocational services, domestic violence our electric power industry isn’t bro- are moving aggressively to implement and abuse support groups, recreational ken. We have the finest electric system retail competition in a manner and a programs, and day care services. A key in the world bar none. Our electric util- time frame that benefits consumers. component in the program’s strategy is ities have done an excellent job sup- According to the DOE’s Energy Infor- to engage young people and their fami- plying electricity to the consumers of mation Administration, twenty States lies in the planning and implementa- this Nation. As a result, today elec- have already enacted restructuring leg- tion of these transition services. tricity is both reliable and reasonably- islation or issued a comprehensive reg- A similar program that has been in priced. But that isn’t to say that im- ulatory order. More than half the U.S. operation in Milwaukee, Wisconsin provements cannot, and should not, be population live in these twenty States. since 1994 has reported a 40 percent de- made. I believe that consumers will Again according to DOE’s Energy In- cline in the number of felonies com- benefit through enhanced competition. formation Administration, twenty- mitted and a 30% decrease in mis- The key question we face is: Should we eight of the remaining thirty States demeanors after providing comprehen- try to enhance competition through in- are in the process of deciding what is in sive services to children with serious creased reliance on the free market, or the best interests of its residents. Ac- emotional disorders for one year. through increased use of government cordingly I ask: With States making This legislation would provide states regulation? I think the answer is self such good progress on retail competi- with the resources and flexibility to evident. tion what need is there for a Federal start filing a critical service gap for Although deregulation is our goal, mandate—assuming such a mandate is youngsters who are leaving the juve- some regulation will remain necessary Constitutional? Moreover, because the nile justice system and re-entering to protect consumers. However, such Administration’s proposed mandate their communities. The provisions of regulation should not be made the ex- would apply even to the twenty States adequate transitional and aftercare clusive jurisdiction of the Federal gov- that have already acted, I am con- services to prevent recidivism is essen- ernment, as some have suggested. The cerned that such a Federal mandate tial to reducing the societal costs asso- retail market has traditionally been would upset the progress these States ciated with juvenile delinquency, pro- the jurisdiction of the States, and it have made. In this connection, I am moting teen health, and fostering safe should remain that way. States are the not convinced that the Administra- communities. closest to the people, and are best able tion’s ‘‘opt-out’’ provision will in fact

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5289 protect consumers from the adverse havoc in the financial markets and rather than competition. Now, however, eco- consequences of Federally-mandated could undermine the financial stability nomic forces are beginning to forge a new retail competition. of many municipalities. At the same era in the electricity industry, one in which Second, the bill’s so-called ‘‘renew- time, public power should be obtain a generation prices will be determined pri- able portfolio mandate’’ is also a sig- marily by the market rather than by legisla- competitive advantage in the open tion and regulation. Consequently, Federal nificant problem. For reasons that I do marketplace based on the federal sub- electricity laws need to be updated so that not understand, the Administration sidy that flows from the ability to they stimulate, rather than stifle, competi- has decided to exclude hydroelectric issue tax-exempt debt. tion. power from the definition of renewable The Administration’s proposal at- In this new era of retail competition, con- energy, even though hydro is this Na- tempts to resolve this issue by prohib- sumers will choose their electricity supplier. tion’s most significant renewable en- iting public power facilities from The Administration estimates that con- ergy source. Without hydroelectric issuing new tax-exempt bonds for gen- sumers will save $20 billion a year. Competi- erating facilities and transmission fa- tion will also spark innovation in the Amer- power being counted, to meet this new ican economy and create new industries, Federal mandate ‘‘renewable’’ genera- cilities. However, tax exempt debt jobs, products, and services, just as tele- tion would have to increase to 7.5 per- could be issued for new distribution fa- communications reform spawned cellular cent by the year 2010. Clearly, an im- cilities. In addition, the Administra- phones and other new technologies. possibility. tion’s proposal ensures that out- Competition also will benefit the environ- Third, I am also troubled with the standing bonds would not lose their ment. The market will reward a generator Administration’s so-called ‘‘public ben- tax-exempt status if transmission fa- that wrings as much energy as possible from efits’’ fund. It puts a Federal $3 billion cilities violate the private use rules be- every unit of fuel. More efficient fuel use means lower emissions. In addition, competi- per year tax on electric consumers, cause of a FERC order requiring non- tion provides increased opportunities to sell that a Federal board gets to spend for discriminatory open access to such fa- energy efficiency services and green power. vaguely defined public purposes. It also cilities. Outstanding debt for genera- Moreover, CECA’s renewable portfolio stand- appears to require a matching $3 bil- tion would not lose it’s tax-exempt sta- ard and enhanced public benefit funding will lion per year State expenditure. At the tus if the private use rules were trig- lead to substantial environmental benefits. very outset, this eats up a very large gered simply because the entity en- The following are key provisions of CECA: share of the claimed consumer savings tered into a contract in response to a All electric consumers would be able to choose their electricity supplier by January resulting from enactment of the Ad- marketplace based on competition. 1, 2003, but a State or unregulated coopera- ministration’s bill. Mr. President, I am not endorsing tive or municipal utility may opt out of re- Finally, the Administration’s bill every concept in the tax portion of the tail competition if it believes its consumers also contains numerous new Federal Administration’s proposal. I believe it would be better off under the status quo or oversight, regulatory and environ- is a good starting point for discussion an alternative retail competition plan. mental programs, many of which give of how we transition from a regulated States would be encouraged to allow the the Federal Energy Regulatory Com- environment to a free market competi- recovery of prudently incurred, legitimate, mission major oversight—much of tive landscape. It is my hope that the and verifiable retail stranded costs that cannot be reasonably mitigated. which comes at the expense of the public power and the investor owned The regions served by the Tennessee Val- States. There are far too many of these utilities will sit down and come to a ley Authority and the Federal Power Mar- in the Administration’s legislation to reasonable compromise on how to re- keting Administrations would have greater identify and discuss here. Some of solve the tax issues affecting the indus- access to alternative sources of power. these may be worthwhile, but clearly try. My door is always open to hear all All consumers would have the opportunity many are not. Each will have to be sides on this issue and see whether we to reap the full benefits of competition, be- carefully scrutinized and will have to can fix the problems that exist in the cause CECA would require retail suppliers to provide information regarding the service be justified on their own merits if it is tax code so that competition in the in- being offered; provide the Federal Trade to be included in a final bill. I will dustry becomes a reality. Commission with the authority to prevent speak now about the tax provisions of Mr. President, the introduction of ‘‘slamming’’ and ‘‘cramming;’’ require States the Administration’s proposed legisla- the Administration’s bill is just the be- to consider implementing anti-redlining re- tion which I am introducing as a sepa- ginning of a very long and arduous quirements; allow for aggregation; authorize rate measure. process. I hope to be able to work with the establishment of an electricity consumer Mr. President, at the request of the the electric power industry, my Repub- database to help consumers compare various Administration I am also introducing lican and Democratic colleagues to offers, and establish a Model Retail Supplier the portion of their electricity restruc- both the Finance Committee and the Code for States. All users of the interstate transmission turing bill that deals with tax-exempt Energy and Natural Resources Com- grid would be subject to mandatory reli- debt issued by municipal utilities. This mittee, and DOE Secretary Richardson ability standards. The Federal Energy Regu- is Title X of the Administration’s pro- to craft legislation that will benefit latory Commission (FERC) would approve posed legislation. In addiition, the Ad- consumers and our Nation. and oversee an organization that would de- ministration’s bill clarifies the tax Mr. President, I ask unanimous con- velop and enforce these standards. rules regarding contributions to nu- sent that the Administration’s trans- FERC would have the authority to require clear decommissioning costs. mittal letter and section-by-section utilities to turn over operational control of transmission facilities to an independent re- Mr. President, if consumers and busi- analysis be printed in the RECORD. gional system operator. nesses are to maximize the full benefits There being no objection, the items A Renewable Portfolio Standard would be of open competition in this industry it were ordered to be printed in the established to ensure that by 2010 at least 7.5 will be necessary for all electricity pro- RECORD, as follows: percent of all electricity sales consist of gen- viders to interconnect their families THE SECRETARY OF ENERGY, eration from non-hydroelectric renewable into the entire electric grid. Unfortu- Washington, DC, April 15, 1999. energy sources. nately, this system efficiency is sig- Hon. AL GORE, A Public Benefits Fund would be estab- nificantly impaired because of current President of the Senate, lished to provide matching funds of up to $3 billion per year to States and Indian tribes tax law rules that effectively preclude Washington, DC. DEAR MR. PRESIDENT: Enclosed is proposed for low-income energy assistance, energy-ef- public power entities—entities that fi- legislation, the Comprehensive Electricity ficiency programs, consumer information, nanced their facilities with tax-exempt Competition Act (CECA), that will reduce and the development and demonstration of bonds—from participating in State electricity costs, benefit the economy, and emerging technologies, particularly renew- open access restructuring plans, with- improve the environment by promoting com- able energy technologies. A rural safety net out jeopardizing the exempt status of petition and consumer choice in the elec- would be created if significant adverse eco- their bonds. tricity industry. nomic effects on rural areas have occurred or No one wants to see bonds issued to The basic Federal regulatory framework will occur as a result of electric industry re- for the electric power industry was estab- structuring. finance public power become retro- lished with the enactment in 1935 of the Pub- Indian tribes would receive additional sup- actively taxable because a munici- lic Utility Holding Company Act and Title II port through the creation of a grant’s pro- pality chooses to participate in a state of the Federal Power Act. These statutes are gram, the establishment of an Energy Policy open access plan. That would cause premised upon State-regulated monopolies and Programs Office of the Department of

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5290 CONGRESSIONAL RECORD — SENATE May 13, 1999

Energy, and special incentives for renewable SECTION-BY-SECTION ANALYSIS OF THE COM- ing that its low-income residential con- energy production on Indian lands. PREHENSIVE ELECTRICITY COMPETITION ACT sumers have service comparable to its other Barriers would be removed in order to en- TITLE I. RETAIL ELECTRIC SERVICE residential consumers and that all retail courage combined heat and power and dis- Section 101. Retail competition electric suppliers in the State share equi- tributed power technologies. tably any costs necessary to provide such This provision would amend the Public The Environmental Protection Agency service. would be given authority for interstate ni- Utility Regulatory Policies Act of 1978 Section 203. Unfair trade practices trogen oxides trading to facilitate attain- (PURPA) to require each distribution utility ment of the ambient air quality standard for to permit all of its retail customers to pur- This section would amend the Federal ozone in the eastern United States. chase power from the supplier of their choice Trade Commission Act to establish slam- Federal electricity laws would be modern- by January 1, 2003, but would permit a State ming and cramming in supplying electricity ized to achieve the right balance of competi- regulatory authority (with respect to a dis- as unfair trade practices punishable by the tion without market abuse by repealing out- tribution utility for which it has ratemaking Federal Trade Commission (FTC). Under this dated laws including the Public Utility Hold- authority) or a non-regulated utility to opt section, a person may not submit or change, ing Company Act of 1935 and the ‘‘must buy’’ out if it finds, on the basis of a public pro- in violation of procedures established by the provision of the Public Utility Regulatory ceeding, that consumers of the utility would FTC, a retail electric customer’s selection of Policies Act of 1978 and by giving FERC en- be served better by the current monopoly a retail electric supplier. Also, a person may hanced authority to address market power. system or an alternative retail competition not charge a retail electric customer for a A separate bill being transmitted today plan. particular service, except in accordance with would change Federal tax law to address cer- The section also would enunciate a Federal procedures established by the FTC. tain tax-exempt bonds, nuclear decommis- policy that utilities should be able to recover Section 204. Residential electricity consumer sioning costs, class life for distributed power prudently incurred, legitimate, and database facilities, and to provide a temporary tax verifiable retail stranded costs that cannot This section would amend PURPA to au- credit for combined heat and power facili- be mitigated reasonably, but States and non- thorize the Secretary of Energy to establish ties. regulated utilities would continue to deter- a database containing information to help We urge the prompt enactment of CECA to mine whether to provide for retail stranded provide lower prices, a cleaner environment, residential electric consumers compare the costs recovery. If States and non-regulated offers of various retail electric suppliers. and increased technical innovation and effi- utilities are considering implementation of ciency. retail competition, they would also be re- Section 205. Model retail supplier code The Omnibus Budget Reconciliation Act quired to consider providing assistance for This section would amend PURPA to au- requires that all revenue and direct spending electric utility workers who may become or thorize the Secretary of Energy to develop legislation meet a pay-as-you-go (PAYGO) have become unemployed as a result of the for State use a model code for the regulation requirement. That is, no such bill should re- implementation of retail competition. If a of retail electricity suppliers for the protec- sult in net budget costs: and if it does, it State or non-regulated utility decides to im- tion of electric consumers. could contribute to a sequester if it is not pose a stranded cost charge, it would be re- Section 206. Model electric utility worker code fully offset. This proposal affects direct quired to consider reducing that charge if spending and receipts; therefore, it is subject This section would amend PURPA to au- the charge results from the use of on-site ef- to the PAYGO requirement. The net PAYGO thorize the Secretary of Energy to develop ficient or renewable generation. This section effect of this bill is currently estimated to be for State use a model code setting standards does not retrocede to States authority over a net cost of $60 million in FY 2000 and a net for electric utility workers to ensure that Federal enclaves. savings of $274 million from FY 2000 to FY electric utilities are operated safely and reli- 2004. Section 102. Authority to impose reciprocity ably. The proposals to provide an investment tax requirements TITLE III—FACILITATING STATE AND REGIONAL credit for combined heat and power and to This section would amend PURPA to per- REGULATION deny tax-exempt status for new electric util- mit a State that has filed a notice indicating Section 301. Clarification of State and Federal ity bonds except for distribution related exit is implementing retail competition to pro- authority over retail transmission services penses, are included in the President’s FY hibit a distribution utility that is not under Subsection (a) would clarify that the Fed- 2000 Budget. The Budget contains proposals the ratemaking authority of the State and eral Power Act (FPA) does not prevent for mandatory spending reductions and in- that has not implemented retail competition States and nonregulated distribution utili- creases in receipts that are sufficient to fi- from directly or indirectly selling electricity ties from ordering retail competition or im- nance these proposals. to the consumers covered by the State’s no- posing conditions, such as a fee, on the re- This estimate is preliminary and subject to tice. This section also would permit a non- ceipt of electric energy by an ultimate cus- change. regulated utility that has filed a notice of re- tomer within the State. This section also The pay-as-you-go effect of this draft bill tail competition to prohibit any other util- would clarify the Federal Energy Regulatory is: ity that has not implemented retail competi- Commission’s (FERC) authority over tion from directly or indirectly selling elec- unbundled retail transmission. FISCAL YEAR tricity to the consumers covered by the non- Subsection (b) would reinforce FERC’s au- [In millions of dollars] regulated utility’s notice. thority to require public utilities to provide Section 103. Aggregation for purchase of retail 1999 2000 2001 2002 2003 2004 open access transmission services and permit electric energy recovery of stranded costs. This section also Tax Provisions: This section would amend PURPA to en- Revenue Effect 1 .... ¥1 ¥60 ¥88 ¥90 ¥22 34 would provide retroactive effect to Commis- sure that electricity customers and entities sion Order No. 888 and clarify FERC’s au- Renewable Portfolio acting on their behalf, subject to legitimate thority to order retail transmission service Standards: and non-discriminatory State requirements, Offsetting receipts ...... ¥5 ¥9 ¥9 ¥9 ¥9 to complete an authorized retail sale. Outlays ...... 5 9 9 9 9 would be allowed to acquire retail electric Subsection (c) would extend FERC’s juris- energy on an aggregate basis if they are diction over transmission services to munic- Net Cost ...... served by one or more distribution utilities Public Benefits Fund ipal and other publicly-owned utilities and and Electricity Reli- for which a notice of retail competition has cooperatives. ability Organization: been filed. Subsection (d) would give the Secretary of Offsetting receipts ...... ¥3,005 ¥3,005 ¥3,005 ¥3,005 Outlays ...... 2,505 3,005 3,005 3,005 TITLE II. CONSUMER PROTECTION Agriculture intervention rights in FERC Section 201. Consumer information rulemakings that directly affect a coopera- Net Cost ...... ¥500 ...... tive with loans made or guaranteed under This section would amend PURPA to per- the Rural Electrification Act of 1936. Total Net Cost 1 60 ¥412 90 22 ¥34 mit the Secretary of Energy to require all suppliers of electricity to disclose informa- Section 302. Interstate compacts on regional 1 For tax provisions, a ‘‘+’’ is a revenue gain; a ‘‘¥’’ is a revenue loss. transmission planning These proposals have been fully offset in the President’s budget. tion on price, terms, and conditions; the type of energy resource used to generate the elec- This section would amend the FPA to per- The Office of Management and Budget ad- tric energy; and the environmental at- mit FERC to approve interstate compacts vises that there is no objection to the pres- tributes of the generation, including air that establish regional transmission plan- entation of this legislation to the Congress emissions characteristics. This requirement ning agencies if the agencies meet certain and that its enactment would be in accord would be enforceable by the Federal Trade criteria relating to their governance. with the program of the President. Commission and by individual States. If you require any additional information, Section 303. Backup authority to impose a please call me or have a member of your Section 202. Access to electric service for low- charge on an ultimate consumer’s receipt of staff contact Mr. John C. Angell, Assistant income consumers electric energy Secretary for Congressional and Intergovern- This section would amend PURPA to re- This section would amend the FPA to rein- mental Affairs, at (202) 586–5450. quire a State regulatory authority or non- force FERC’s authority to provide a back-up Yours sincerely, regulated distribution utility that files a no- for the recovery of retail stranded costs if a BILL RICHARDSON. tice of retail competition to consider assur- State or a non-regulated utility has filed a

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5291 retail competition notice and concludes that PURPA. Existing contracts would be pre- would be open to all entities that use the such charges are appropriate but lacks au- served, and the other provisions of section bulk-power system and would be required for thority to impose a charge on the con- 210 would continue to apply. all entities critical to system reliability. sumer’s receipt of electric energy. Section 405. Interconnections for certain The Electric Reliability Organization would Section 304. Authority to establish and require facilities be authorized to delegate authority to one or independent regional system operation This section would amend PURPA to re- more Affiliated Regional Reliability Enti- This section would amend section 202 of quire a distribution utility to allow a com- ties, which could implement and enforce the the FPA by permitting FERC to establish an bined heat and power or a distributed power standards within a region. entity for independent operation, planning, facility to interconnect with it if the facility Section 602. Electricity outage investigation and control of interconnected transmission is located in the distribution utility’s service This section would amend the Department facilities and to require a utility to relin- territory and complies with rules issued by of Energy Organization Act to establish in quish control over operation of its trans- the Secretary of Energy and related safety the Department of Energy a board to inves- mission facilities to an independent regional and power quality standards. tigate and determine the causes of a major system operator. Section 406. Rural and remote communities bulk-power system failure in the United TITLE IV—PUBLIC BENEFITS electrification grants States. Section 401. Public benefits fund This section would amend the Rural Elec- Section 603. Additional transmission capacity This section would amend PURPA by es- trification Act of 1936 to authorize the Sec- This section would amend PURPA to give tablishing a Public Benefits Fund adminis- retary of Agriculture, in consultation with the Secretary of Energy authority to call tered by a Joint Board that would disburse the Secretary of Energy, to provide grants and chair a meeting of representatives of matching funds to participating States and for the purpose of increasing energy effi- States in a region in order to discuss provi- tribal governments to carry out programs ciency, lowering or stabilizing electric rates sion of additional transmission capacity and that support affordable electricity service to to end users, or providing or modernizing related concerns. low-income customers; implement energy electric facilities for rural and remote com- conservation and energy efficiency measures TITLE VII—ENVIRONMENTAL PROTECTION munities and Indian tribes. and energy management practices; provide Section 701. Nitrogen oxides cap and trade consumer education; and develop emerging Section 407. Indian tribe assistance program electricity generation technologies. Funds This section would amend the Energy Pol- This section would clarify Environmental for the Federal share would be collected icy Act of 1992 to require the Secretary of Protection Agency authority to require a from generators, which, as a condition of Energy to establish a grant and technical as- cost-effective interstate trading system for interconnection with facilities of any trans- sistance program to assist Indian tribes to nitrogen oxide pollutant reductions address- mitting utility, would pay to the transmit- meet their electricity needs. Among other ing the regional transport contributions ting utility a charge, not to exceed one mill things, the program could provide assistance needed to attain and maintain the National per kilowatt-hour. The transmitting utility in planning and constructing electricity gen- Ambient Air Quality Standards for ozone. then would pay the collected amounts to a eration, transmission, and distribution fa- TITLE VIII—FEDERAL POWER SYSTEMS fiscal agent for the Fund. States and tribal cilities. governments would have the flexibility to Subtitle A—Tennessee Valley Authority Section 408. Office of Indian Energy Policy and decide whether to seek funds and how to al- (TVA) Programs locate funds among public purposes. In addi- Section 801. Definition tion, a rural safety net would be created if This section would authorize the Secretary Section 802. Application of Federal Power Act of Energy to establish an office within the the Secretary of Energy determines, in con- This section would subject TVA to rel- Department of Energy to coordinate and im- sultation with the Secretary of Agriculture, evant provisions of the FPA for purposes of plement energy, energy management, and that significant adverse economic effects on TVA’s transmission system, but would pro- energy conservation programs for Indian rural areas have occurred or will occur as a vide that any determination of the Commis- tribes. result of electric restructuring. sion would be subject to any other laws ap- Section 402. Federal renewable portfolio Section 409. Southeast Alaska electrical power plicable to TVA, including the requirement standard This section would authorize appropria- that TVA recover its costs. This section would amend PURPA to es- tions as necessary to ensure the availability Section 803. Antitrust coverage tablish a Federal Renewable Portfolio Stand- of adequate electric power to the greater This section would subject TVA to the ard (RPS) to guarantee that a minimum Ketchikan area in southeast Alaska, includ- antitrust laws effective January 1, 2003, ex- level of renewable generation is developed in ing an intertie. the United States. The RPS would require cept that TVA would not be liable for civil TITLE V—REGULATION OF MERGERS AND damages or attorney’s fees. electricity sellers to have renewable credits CORPORATE STRUCTURE based on a percentage of their electricity Section 804. TVA power sales Section 501. Reform of holding company sales. The seller would receive credits by This section would permit TVA, effective regulation under PUHCA generating power from non-hydroelectric re- January 1, 2003, to sell electric power at newable technologies, such as wind, solar, This section would repeal the Public Util- wholesale to any person. With regard to sales biomass, or geothermal generation; pur- ity Holding Company Act of 1935 (PUHCA). at retail, this section would permit TVA to chasing credits from renewable generators; In addition, FERC and State regulatory com- sell (1) to existing customers or (2) to cus- or a combination of these, but would receive missions would be given greater access to tomers of an existing wholesale customer of twice the number of credits if the power was the books and records of holding companies TVA, if the distributor has firm power pur- generated on Indian lands. The RPS require- and affiliates. chases from TVA of 50 percent or less of its ment for 2000–2004 would be set at the cur- Section 502. Electric company mergers total retail sales, or if the distributor agrees rent ratio of RPS-eligible generation to re- This section would amend the FPA by con- that TVA can sell power to the customer. tail electricity sales. Between 2005–2009, the ferring on FERC jurisdiction over the merger Section 805. Renegotiation of long-term power Secretary of Energy would determine the re- or consolidation of electric utility holding contracts quired annual percentage, which would be companies and generation-only companies. greater than the baseline percentage but less This section would require TVA to renego- This section also would streamline FERC’s tiate its long-term power contracts with re- than 7.5%. In 2010–2015, the percentage would review of mergers. In addition, this section be 7.5%. The RPS credits would be subject to spect to the remaining term; the length of would require that FERC consider the effect the termination notice; the amount of power a cost cap of 1.5 cents per kilowatt hour, ad- a merger could have on wholesale and retail justed for inflation. a distributor may purchase from a supplier electric generation markets. other than TVA beginning January 1, 2003, Section 403. Net metering Section 503. Remedial measures for market and access to the TVA transmission system This section would amend PURPA by re- power for that power; and stranded cost recovery. quiring all retail electric suppliers to make This section would amend the FPA to au- This section would require that, if the par- available to consumers ‘‘net metering serv- thorize FERC to remedy market power in ties are unable to reach agreement within ice,’’ through which a consumer would offset wholesale markets. This section also would the one year, they would submit the issues in purchases of electric energy from the sup- authorize FERC, upon petition from a State, dispute to the Federal Regulatory Commis- plier with electric energy generated by the sion for final resolution. consumer at a small on-site renewable gener- to remedy market power in retail markets. ating facility and delivered to the distribu- TITLE VI—ELECTRICITY RELIABILITY Section 806. Stranded cost recovery tion system. This section also would clarify Section 601. Electric reliability organization and This section would provide the Commission that States are not preempted under Federal oversight with the authority to provide TVA with law from requiring a retail electric supplier This section would amend the FPA to give stranded cost recovery to make available net metering service. FERC authority to approve and oversee an Section 807. Conforming amendments Section 404. Reform of section 210 of PURPA Electric Reliability Organization to pre- This section would make conforming This section would repeal prospectively the scribe and enforce mandatory reliability amendments to the Tennessee Valley Au- ‘‘must buy’’ provision of section 210 of standards. Membership in the organization thority Act.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5292 CONGRESSIONAL RECORD — SENATE May 13, 1999 Subtitle B—Bonneville Power Section 903. Antitrust savings clause In considering the administration’s Administration This section would provide that nothing in proposals, Congress should look to Section 811. Definitions this Act would supersede the operation of areas that complement the states’ on- Section 812. Application of Federal Power Act the antitrust laws. going restructuring activities, while This section would subject Bonneville to Section 904. Elimination of antitrust review by leaving the key decisions on retail relevant provisions of the FPA for purposes the Nuclear Regulatory Commission competition to state and local authori- of Bonneville’s transmission system, but This section would eliminate Nuclear Reg- ties. Let me mention three areas for would provide that any determination of the ulatory Commission antitrust review of an federal concern. First, I believe Con- Commission would be subject to a list of con- application for a license to construct or op- ditions, including a requirement that the erate a commercial utilization or production gress should remove federal impedi- rates and charges are sufficient to recover facility. ments to states that chose to imple- existing and future Federal investment in Section 905. Environmental law savings clause ment retail competition. Second, we the Bonneville Transmission System. This section would provide that nothing in should take steps to improve the regu- Section 813. Surcharge on transmission rates to this Act would alter environmental require- lation of interstate transmission and recover otherwise nonrecoverable costs ments of Federal or State law. assure the continued security and reli- This section would require the Commission Section 906. Generating plant efficiency study ability of the nation’s grid. And third, to establish a mechanism that would enable This section would amend the Department Congress should ensure that fair com- the Administrator to place a surcharge on of Energy Organization Act to require the petition can operate at both the whole- rates or charges for transmission services Secretary of Energy to issue a report on the sale and retail levels. These are the over the Bonneville Transmission System efficiency of new and existing electric gener- issues that only Congress can address. under limited circumstances in order to re- ating facilities before and after electric com- cover power costs unable to be recovered petition is in effect. Mr. President, Congress should not through power revenues in time to meet Section 907. Conforming amendments dwell any longer on whether retail Bonneville’s cost recovery requirements. TITLE X—AMENDMENTS TO INTERNAL REVENUE competition is good or bad, or whether Section 814. Complaints CODE or not it will benefit all consumers— This section would clarify that the PMAs Section 1001. Treatment of bonds issued to the states are already making these de- may file complaints with the Commission. finance output facilities cisions. It should be clear to all sen- Section 815. Review of Commission orders This section would amend the Internal ators that retail competition for elec- This section would clarify that the PMAs Revenue Code to clarify the status of tax-ex- tric power generation is quickly be- may file a rehearing request or may appeal a empt bonds used to finance utility facilities coming a reality. Nearly half of the Commission order. owned by municipalities. The section would states have now enacted restructuring Section 816. Conforming amendments grandfather current tax treatment for bonds legislation. Last month, New Mexico This section would make conforming that exist already, continue to permit public enacted restructuring legislation that amendments to the FPA, the Federal Colum- utilities to issue tax-exempt bonds in the fu- will soon bring retail competition in ture for new electricity distribution facili- bia River Transmission System Act, the Pa- electricity to my state. cific Northwest Regional Preference Act, the ties, and eliminate their ability in the future Pacific Northwest Electric Power Planning to issue tax-exempt bonds for new trans- The consensus is growing on the need and Conservation Act, and the Bonneville mission and generation facilities. for federal legislation focused narrowly Project Act. Section 1002. Nuclear decommissioning costs on wholesale transactions, interstate Subtitle C—Western Area Power Administra- This section would amend the Internal transmission, and reliability. Mr. tion (WAPA) and Southwestern Power Ad- Revenue Code to clarify that an investor- President, this is not a simple question ministration (SWPA) owned utility could take a tax deduction for of ‘‘de-regulation’’ versus ‘‘re-regula- Section 821. Definitions the amount paid into a qualified nuclear de- tion;’’ this is about keeping America’s Section 822. Application of Federal Power Act commissioning fund for any taxable year, notwithstanding the elimination of ‘‘cost of high-tension grid system secure, reli- This section would subject SWPA and service’’ ratemaking. able, and economical. The federal role WAPA to relevant provisions of the FPA for Section 1003. Depreciation treatment of in regulating interstate commerce in purposes of the transmission systems of electric power is clear. I hope we will SWPA and WAPA, but would provide that distributed power property any determination of the Commission would This section would amend the Internal move forward soon to resolve, at a min- be subject to a list of conditions, including a Revenue Code of 1986 to clarify that distrib- imum, the critical federal issues. requirement that the rates and charges are uted power facilities have a tax life of 15 Rather than commenting here on the sufficient to recover existing and future Fed- years. pros and cons of any particular provi- eral investment in the transmission systems. Section 1004. Tax credit for combined heat and sion in the president’s bill, I will wait power system property Section 823. Surcharge on transmission rates to until the administration has a fair op- recover otherwise nonrecoverable costs This section would amend the Internal Revenue Code to provide an 8 percent invest- portunity to explain the bill to the En- This section would require the Commission ergy Committee in a legislative hear- to establish a mechanism that would enable ment credit for qualified combined heat and the Administrator to place a surcharge on power (CHP) systems placed in service in cal- ing. I know the committee already has rates or charges for transmission services endar years 2000 through 2002. The measure a very full plate, but I hope the Chair- over the SWPA or WAPA Transmission Sys- would apply to large CHP systems that have man will find time to hold a hearing tem when necessary in order to recover a total energy efficiency exceeding 70 per- soon on this important topic. cent and to smaller systems that have a power costs unable to be recovered through Mr. President, Congress still has power revenues in time to meet SWPA’s or total energy efficiency exceeding 60 percent. time to pass vital federal electricity WAPA’s cost recovery requirements. ∑ Mr. BINGAMAN. Mr. President, at legislation, but we’ve got to get the Section 824. Conforming amendments the request of the administration, I am process underway promptly. I hope the This section would make conforming today joining with my good friend Sen- administration’s proposals will help amendments to the Department of Energy ator MURKOWSKI, the Chairman of the fuel interest in the Senate. Today Organization Act and the Reclamation Re- Energy and Natural Resources Com- America has the world’s best electric form Act of 1982. mittee, to introduce the president’s power system. Let’s not wait until seri- TITLE IX—OTHER PROVISIONS electricity restructuring legislation. Section 901. Treatment of nuclear The administration has presented ous problems develop to begin making decommissioning costs in bankruptcy Congress a fully comprehensive set of the needed changes in federal regula- This section would amend the Bankruptcy legislative proposals. For the first time tion. Electricity is too important to Act to provide that decommissioning costs we have detailed provisions on every the nation to leave critical federal ∑ be a nondischargeable priority claim. major issue affecting the electricity in- issues unresolved. Section 902. Energy Information Administration dustry as it moves into the new world study of impacts of competition in electricity By Mr. MURKOWSKI: markets of competition. Significantly, the president’s comprehensive proposals S. 1049. A bill to improve the admin- This section would amend the Department of Energy Organization Act to direct the En- include a framework for the transition istration of oil and gas leases on Fed- ergy Information Administration to collect of the Bonneville Power Administra- eral land, and for other purposes; to and publish information on the impacts of tion and the Tennessee Valley Author- the Committee on Energy and Natural wholesale and retail competition. ity into the new competitive arena. Resources.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5293 FEDERAL OIL AND GAS LEASE MANAGEMENT natural gas easier, the projected 50% isting ‘‘net receipts sharing’’ program IMPROVEMENT ACT OF 1999 increase in the need for natural gas by for the costs of programmatic planning the year 2010 will not be met without activities on federal lands unrelated to By Mr. MURKOWSKI: severe price shocks for American citi- mineral leasing activities. This would S. 1050. A bill to amend the Internal zens. stop creative legal interpretations by Revenue Code of 1986 to provide incen- The price of oil today is high enough the Department of Interior like that tives for gas and oil producers, and for for investment in the U.S. by those which charged Utah for the govern- other purposes; to the Committee on who will or can still invest in our do- ment’s secret planning which resulted Finance. mestic oil and gas economy. However, in the creation of an enormous Na- ENERGY SECURITY TAX POLICY ACT OF 1999 the fact is that the fundamentals for tional Monument in that State. This Mr. MURKOWSKI. Mr. President, the investment in America are not good. type of creative accounting under- production of oil and gas in the United Access to prospective areas is severely mines the respect of the citizenry in States is fast becoming a thing of the restricted, environmental costs are ex- their governmental institutions, and past. I am introducing two bills today tremely high and production rates with this bill, we will plug this leak in to halt, and if possible, reverse that from U.S. wells are liable to be quite the public trust. trend. low, in comparison to other areas in The legislation also assists States by The economic consequences of the the world. dropping the requirement that their 1973 oil embargo were severe and long The U.S. is a mature and high cost share of mineral leasing on federal lasting. Whole sectors of our economy oil producing region of the world. In re- lands within their borders be reduced underwent significant changes and dis- sponse to a changing world oil market, by the government’s costs of admin- locations. Parts of the United States other producing countries are under- istering mineral leasing if a State opts were plunged into recession which re- taking changes in their government to assume the federal government’s remained for a decade as they adjusted to policies to attract and retain economic sponsibility for regulation of oil and the fluctuations and insecurity of en- investment in what they properly con- gas activities. ergy supplies in the 1970’s. At the time sider to be an important national in- In order to speed development of se- of the embargo, imports made up 36% dustry. cure sources of domestic oil and gas by of our oil consumption. For example, the United Kingdom making federal practices more com- Our foreign policy was modified to has undertaken a significant regu- petitive with the rest of the world, I reflect our growing dependence and latory reform effort to speed, simplify have included in the bill certain provi- protecting oil-producing regions of the and provide certainty to investments sions which are intended to correct fed- world took on a new importance. By in their energy industry. They are ac- eral practices which are hastening the the time of the Gulf War of 1990–91, oil tively reviewing their tax and royalty flight of oil and gas development cap- imports were roughly 50%. systems to adjust them to the new re- ital to foreign shores. Today, the United States depends alities of the world energy markets. One recurring criticism from those upon foreign sources for some 56% of Colombia, likewise, is undertaking who would like to invest in America’s our supply. This is despite Corporate major reductions in royalties to at- domestic energy development is the Average Fuel Efficiency (CAFE) stand- tract and retain investment. These na- uncertainty they encounter when they ards for cars which have almost dou- tions and others have determined that do business with their own federal gov- bled gas mileage. This is despite the they must compete with the rest of the ernment. In order to make investment creation of the Department of Energy. world for investment capital, and are decisions, they must have some cer- This is despite the untold billions of thus moving to make their nations tainty about when they might reason- dollars which have been invested by more attractive to such investment. ably be expected to be able to actually U.S. industry in energy-saving equip- The U.S. lags far behind. take possession of, and invest capital ment and processes in order to remain The first of the bills I am introducing in, a federal lease. Moreover, the gov- competitive in a world economy. is identical to a measure being intro- ernment is increasingly charging po- If no changes are made in federal pol- duced in the U.S. House of Representa- tential lessees for governmental activi- icy to protect our domestic oil and gas tives by Congresswoman BARBARA ties before they have any reasonable industry—the ‘‘pilot light’’ of our na- CUBIN, Chairman of the Subcommittee expectation of being granted a lease. tion’s economy and security upon on Energy and Mineral Resources. It This is akin to charging customers just which all productive enterprise de- makes significant changes in the oil to stand in line to buy a lottery ticket pends—our future indeed may be bleak. and gas leasing policies of the United for a drawing which may never be held. The Department of Energy predicts States, by simplifying procedures and This is absurd, and is a clear signal to 68% dependency on foreign oil by the granting more certainty for those who potential investors that the U.S. cares year 2010. This is just shy of a doubling choose to invest in our domestic en- little about whether the investment is of our oil imports since the embargo of ergy business. made here or abroad. This legislation 1973. This legislation grants States the op- will reverse that signal and provide the In two recent hearings the Senate tion of assuming federal regulation of certainty that investors need. Energy & Natural Resources Com- oil and gas leases within their borders, Additionally, my legislation would mittee examined the state of the do- after a federal decision to lease is establish reasonable and responsible mestic oil and gas industries and their made. States already perform identical time frames for the government to re- future. What we learned has been the functions on their lands, and this spond to requests for permits. If le- impetus for my introduction of these would standardize regulatory functions gally-required analyses could not be bills today. within a State’s borders. The States undertaken by the government within During the past 18 months, 136,000 are closer than the federal government a reasonable time, the applicant could U.S. oil wells and 57,000 gas wells have to oil and gas leasing activities within be offered the opportunity to contract been shut in. 50,000 men and women their borders, and are best positioned for such analyses by an independent throughout the United States have lost to make timely and responsible regu- party for the government’s use. My bill their jobs in these industries—15% of latory decisions. In return for opting to would allow the applicant to receive a all employees. With operating oil rigs assume the specified federal respon- credit against royalties due from even- at an all-time low and new investment sibilities for these activities, the tual production in the area for such in the U.S. drying up, the future for do- States would receive payment of up to costs, in recognition of the fact that mestic production of oil and gas is 50% of the costs currently assessed the more rapidly lands are leased and grim. them by the federal government for put into oil or gas production, the While the consumption of natural gas these functions. Federal ownership of more revenues the government will re- is favored by the Administration as a the lands would continue. ceive and the quicker it will receive it. means to reduce emissions, unless An important part of this legislation My legislation also sets fair but rigid changes are made now in federal policy clarifies that the federal government performance deadlines for the comple- to make production and delivery of can no longer charge States via the ex- tion of federal lease decision-making.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5294 CONGRESSIONAL RECORD — SENATE May 13, 1999 One of the most frequent concerns I credit against royalties due the federal and it’s AMT liability would be only hear from small companies throughout government against capital expendi- 26.4 percent. Mr. President, that is not the country in the oil and gas pro- tures during times of lowered oil and the way the AMT was designed to ducing business is the snail-like pace of gas prices. If a landlord discovered that work. federal decision-making. Customers of his rental units were vacant because My bill tackles this problem head-on. government services deserve a ‘‘yes’’ or they were overpriced compared to the It eliminates the AMT preferences for ‘‘no’’, instead of the endless series of competition, he would drop the price to intangible drilling costs, percentage ‘‘maybes’’ to which they have become attract renters. The federal govern- depletion, and the depreciation adjust- accustomed. They deserve no less, and ment should do the same. ment for oil and gas assets. In addition, I seek to correct that deficiency before The legislation would also adjust the it eliminates the impact of intangible all oil and gas investment flees our definition of what constitutes a ‘‘mar- drilling costs, depletion and deprecia- shores. ginal’’ oil well, and allow for suspen- tion on oil and gas assets from the ad- Coordination among federal land sions of leases at the lessee’s option justed current earnings adjustment. Fi- management agencies over leasing when oil prices dip precipitously. nally, the proposal allows the enhanced policies is also long overdue. The bill This bill is a comprehensive attempt oil recovery credit and the Section 29 requires the Secretaries of the Interior to bring some of our mineral leasing credit to be used to offset the AMT. and Agriculture to report to Congress laws and regulations up-to-date with In addition to trying to resolve the with recommendations explaining the the realities of today’s world energy AMT problems that face the industry, I most efficient means of eliminating du- markets. Our domestic industry is have adopted a portion of a bill intro- plication of effort and inconsistent pol- dying on the vine because of a com- duced by Senator Kay Bailey icy between the Bureau of Land Man- bination of governmental actions and Hutchison that attempts to maintain agement and the Forest Service with inactions, complex regulation and out- viable independent producers and ensure that marginal wells stay in oper- respect to the treatment of oil and gas dated governmental approaches to this ation. Marginal wells are those that leases. important part of our national econ- produce less than 15 barrels a day. In The U.S. government and the public omy. We need to take steps to make reality they produce on average about deserve to have the best knowledge sure that the ‘‘pilot light’’ of our econ- 2.2 barrels of oil a day. While individ- possible about our domestic supplies of omy does not go out, and it is my belief ually these wells may not seem like energy. The legislation I am intro- that this legislation will go a long way important components of our domestic ducing today initiates a modern, to ensuring its continuing contribu- energy supply, together they produce science-based energy inventory process tions to our nation’s strength. as much oil as the United States im- to be undertaken by the Secretary of Mr. President, the second measure ports from Saudia Arabia. To maintain Interior and the Director of the U.S. that I am introducing today will re- these marginal wells, the legislation Geological Survey. Technology for de- dress some of the unfair tax penalties includes a marginal well tax credit of termining oil and gas availability has that hinder the continued development $3.00 per barrel in order to prolong revolutionized the private sector; it is and modernization of a domestic oil marginal domestic oil and gas well pro- time for this quantum leap information and gas industry. In particular the leg- duction. to be used by the government. islation focuses on aspects of the alter- Mr. President, in an effort to stimu- I am particularly happy to include as native minimum tax (AMT) that have a late enhanced recovery of oil and Title 4 of the bill a provision that Sen- perverse effect on the industry, espe- thereby increase U.S. production, my ator DON NICKLES recently introduced cially when energy prices are low. legislation enlarges the definition of as S. 924, concerning federal royalty Mr. President, in adopting the AMT enhanced oil recovery by including hor- certainty. This would put an end to the in 1986, Congress stated that its pur- izontal drilling in areas of Alaska seemingly intractable problem that has pose was to ‘‘serve one overriding ob- where the only feasible method of re- sprung up between lessees and the De- jective: to ensure that no taxpayer covering some oil is to use such meth- partment of Interior over the issue of with substantial economic income can ods. In Alaska, it is just not economi- where oil is to be valued for royalty avoid significant tax liability by using cally feasible to search for oil by mov- purposes. While other nations around exclusions, deductions and credits.’’ ing drilling platforms from area to the world are taking steps to become Yet the unintended consequence of the area. Instead, the oil companies at- more competitive for energy invest- AMT is that companies with high fixed tempt to locate oil by using a single ments by changing laws to encourage costs, such as the oil and gas industry, drilling platform and employing hori- investment and provide certainty to can face higher effective AMT tax rates zontal drilling techniques to search for possible investors, this recent back- when the price of oil is low than when oil. My legislation recognizes these door royalty increase by the Adminis- the price is high. In other words, when economic realities and encourages fur- tration has sent a strong signal to do- oil and gas companies are struggling to ther development of horizontal drilling mestic producers that they are no cope with low world prices, the AMT techniques so that we can recover oil longer welcome here. Title 4 merely serves to impose a tax penalty simply more feasibly. clarifies what congress has been saying because prices are low. Finally, Mr. President, this second all along—that oil should be valued for Let me give you an example of the measure addresses a problem that has royalty purposes at or near the lease. perverse effect of the AMT. If the price recently arisen with natural gas gath- This clarification is absolutely essen- of oil is $10 a barrel and an oil and gas ering lines. These lines are used to tial if consumers are to receive the 30 company sells 100,000 barrels of oil, the transport natural gas from the well- trillion cubic feet of gas the Adminis- company’s revenues would be $1 mil- head to a central processing facility for tration says they will demand in a dec- lion. If its production costs were processing before it can be transported ade at a cost they can afford. $500,000, its gross profits would be via trunk lines to an end user such as The final title of the legislation will $500,000. If the company took advan- a distribution facility. The Federal En- serve as a strong signal to our domes- tage of percentage depletion and other ergy Regulatory Commission (FERC) tic industry that we value the jobs oil and gas incentives, it could reduce exempts gas processor gather lines they provide for our neighbors and the it’s taxable income to $100,000 and owe from FERC jurisdiction because they investment they make right here at $35,000 in taxes. However, because the are classified as gas gathering equip- home. It recognizes that when world oil AMT takes back many of these oil and ment that is part of the production fa- prices make investments in American gas incentives, the same company cility, not pipeline transportation energy production uncompetitive with would be subject to a $90,000 AMT. That under FERC rules. foreign investments, the U.S. will ad- is a 90 percent tax rate. IRS has taken the position that these just our take from the current direct By contrast, assuming the same fixed lines should be depreciated over a 15 royalty to a system which promotes costs and incentives, if the price of oil year period if they are owned and oper- jobs and investment in down times and was $20 a barrel and the company had ated by an entity that does not produce increases royalty and U.S. production $1.1 million in taxable income, its reg- oil or gas transported in the line. How- later. Specifically, it calls for a 20% ular tax rate would only be 35 percent ever, if gas transported in the line is

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5295 owned by the producer, the line can be under the Constitution of the Interstate (ii) submerged land on the outer Conti- depreciated over 7 years. Compact to Conserve Oil and Gas; nental Shelf (as defined in section 2 of the Mr. President, this rule does not (2) under the guidance of the Interstate Oil Outer Continental Shelf Lands Act (43 U.S.C. make sense. The depreciable life of an and Gas Compact Commission, States have 1331)). established effective regulation of the oil (3) OIL AND GAS CONSERVATION AUTHORITY.— asset should depend on the use of the and natural gas industry and subject their The term ‘‘oil and gas conservation author- asset and not who owns the asset. For programs to periodic peer review through the ity’’ means the agency or agencies in each that reason, my legislation clarifies Commission; State responsible for regulating for con- that these gathering lines are depre- (3) it is significantly less expensive for servation purposes operations to explore for ciable over 7 years no matter who the State governments than for the Federal Gov- and produce oil and natural gas. owner of the pipeline is. ernment to regulate oil and gas lease oper- (4) PROJECT.—The term ‘‘project’’ means Mr. President, there are many other ations on Federal land; an activity by a lessee, an operator, or an op- (4) significant cost savings could be tax changes that have been proposed to erating rights owner to explore for, develop, achieved, with no reduction in environ- produce, or transport oil or gas resources. assist the oil and gas industry. It is my mental protection or in the conservation of (5) SECRETARY.—The term ‘‘Secretary’’ view that the proposals I have offered oil and gas resources, by having the Federal means— will, over the long term, improve the Government defer to State regulation of oil (A) the Secretary of the Interior, with re- health of the industry in the most cost- and gas lease operations on Federal land; spect to land under the administrative juris- effective manner. (5) State governments carry out regulatory diction of the Department of the Interior; I ask unanimous consent that the oversight on Federal, State, and private and land; oil and gas companies operating on text of the two bills be printed in the (B) the Secretary of Agriculture, with re- Federal land are burdened with the addi- spect to land under the administrative juris- RECORD. tional cost and time of duplicative oversight diction of the Department of Agriculture. There being no objection, the bills by both Federal and State conservation au- (6) SURFACE USE PLAN OF OPERATIONS.—The were ordered to be printed in the thorities; additional cost savings could be term ‘‘surface use plan of operations’’ means RECORD, as follows: achieved within the private sector by having a plan for surface use, disturbance, and rec- S. 1049 the Secretary defer to State regulation; lamation. (6) the Federal Government is presently SEC. 4. NO PROPERTY RIGHT. Be it enacted by the Senate and House of cast in opposing roles as a mineral owner Representatives of the United States of America Nothing in this Act gives a State a prop- and regulator; State regulation of oil and gas erty right or interest in any Federal lease or in Congress assembled, operations on Federal land would eliminate land. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. this conflict of interest; (a) SHORT TITLE.—This Act may be cited as (7) it remains the responsibility of the Sec- TITLE I—STATE OPTION TO REGULATE the ‘‘Federal Oil and Gas Lease Management retary of the Interior to carry out the Fed- OIL AND GAS LEASE OPERATIONS ON Improvement Act of 1999’’. eral policy set forth in the Mining and Min- FEDERAL LAND (b) TABLE OF CONTENTS.—The table of con- erals Policy Act of 1970 (30 U.S.C. 21a) to fos- SEC. 101. TRANSFER OF AUTHORITY. tents of this Act is as follows: ter and encourage private sector enterprise (a) NOTIFICATION.—Not before the date that Sec. 1. Short title; table of contents. in the development of economically sound is 180 days after the date of enactment of Sec. 2. Findings and purposes. and stable domestic mineral industries, and this Act, a State may notify the Secretary of Sec. 3. Definitions. the orderly and economic development of do- its intent to accept authority for regulation Sec. 4. No property right. mestic mineral resources and reserves, in- of operations, as described in subparagraphs cluding oil and gas resources; and (A) through (K) of subsection (b)(2), under oil TITLE I—STATE OPTION TO REGULATE (8) resource management analyses and sur- and gas leases on Federal land within the OIL AND GAS LEASE OPERATIONS ON veys conducted under the conservation laws State. FEDERAL LAND of the United States benefit the public at (b) TRANSFER OF AUTHORITY.— Sec. 101. Transfer of authority. large and are an expense properly borne by (1) IN GENERAL.—Effective 180 days after Sec. 102. Activity following transfer of au- the Federal Government. the Secretary receives the State’s notice, authority. (b) PURPOSES.—The purposes of this Act thority for the regulation of oil and gas leas- TITLE II—USE OF COST SAVINGS FROM are— ing operations is transferred from the Sec- STATE REGULATION (1) to transfer from the Secretary to each retary to the State. Sec. 201. Compensation for costs. State in which Federal land is present au- (2) AUTHORITY INCLUDED.—The authority Sec. 202. Exclusion of costs of preparing thority to regulate oil and gas operations on transferred under paragraph (1) includes— planning documents and anal- leased tracts and related operations as fully (A) processing and approving applications yses. as if the operations were occurring on pri- for permits to drill, subject to surface use Sec. 203. Receipt sharing. vately owned land; agreements and other terms and conditions (2) to share the costs saved through more determined by the Secretary; TITLE III—STREAMLINING AND COST efficient State enforcement among State (B) production operations; REDUCTION governments and the Federal treasury; (C) well testing; Sec. 301. Applications. (3) to prevent the imposition of unwar- (D) well completion; Sec. 302. Timely issuance of decisions. ranted delays and recoupments of Federal (E) well spacing; Sec. 303. Elimination of unwarranted denials administrative costs on Federal oil and gas (F) communization; and stays. lessees; (G) conversion of a producing well to a Sec. 304. Reports. (4) to effect no change in the administra- water well; Sec. 305. Scientific inventory of oil and gas tion of Indian land; and (H) well abandonment procedures; reserves. (5) to ensure that funds deducted from the (I) inspections; TITLE IV—FEDERAL ROYALTY States’ net receipt share are directly tied to (J) enforcement activities; and CERTAINTY administrative costs related to mineral leas- (K) site security. Sec. 401. Definitions. ing on Federal land. (c) RETAINED AUTHORITY.—The Secretary Sec. 402. Amendment of Outer Continental SEC. 3. DEFINITIONS. shall— Shelf Lands Act. In this Act: (1) retain authority over the issuance of Sec. 403. Amendment of Mineral Leasing (1) APPLICATION FOR A PERMIT TO DRILL.— leases and the approval of surface use plans Act. The term ‘‘application for a permit to drill’’ of operations and project-level environ- Sec. 404. Indian land. means a drilling plan including design, me- mental analyses; and chanical, and engineering aspects for drilling (2) spend appropriated funds to ensure that TITLE V—ROYALTY REINVESTMENT IN a well. timely decisions are made respecting oil and AMERICA (2) FEDERAL LAND.— gas leasing, taking into consideration mul- Sec. 501. Royalty incentive program. (A) IN GENERAL.—The term ‘‘Federal land’’ tiple uses of Federal land, socioeconomic and Sec. 502. Marginal well production incen- means all land and interests in land owned environmental impacts, and the results of tives. by the United States that are subject to the consultations with State and local govern- Sec. 503. Suspension of production on oil and mineral leasing laws, including mineral re- ment officials. gas operations. sources or mineral estates reserved to the SEC. 102. ACTIVITY FOLLOWING TRANSFER OF SEC. 2. FINDINGS AND PURPOSES. United States in the conveyance of a surface AUTHORITY. (a) FINDINGS.—Congress finds that— or nonmineral estate. (a) FEDERAL AGENCIES.—Following the (1) State governments have a long and suc- (B) EXCLUSION.—The term ‘‘Federal land’’ transfer of authority, no Federal agency cessful history of regulation of operations to does not include— shall exercise the authority formerly held by explore for and produce oil and gas; the spe- (i) Indian land (as defined in section 3 of the Secretary as to oil and gas lease oper- cial role of the States was recognized by the Federal Oil and Gas Royalty Manage- ations and related operations on Federal Congress in 1935 through its ratification ment Act of 1982 (30 U.S.C. 1702)); or land.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5296 CONGRESSIONAL RECORD — SENATE May 13, 1999

(b) STATE AUTHORITY.— TITLE III—STREAMLINING AND COST lease issuance and unwarranted restrictions (1) IN GENERAL.—Following the transfer of REDUCTION on lease operations are eliminated from the authority, each State shall enforce its own SEC. 301. APPLICATIONS. administration of oil and gas leasing on Fed- oil and gas conservation laws and require- (a) LIMITATION ON COST RECOVERY.—Not- eral land. ments pertaining to transferred oil and gas withstanding sections 304 and 504 of the Fed- (b) LAND DESIGNATED FOR MULTIPLE USE.— lease operations and related operations with eral Land Policy and Management Act of (1) IN GENERAL.—Land designated as avail- due regard to the national interest in the ex- 1976 (43 U.S.C. 1734, 1764) and section 9701 of able for multiple use under Bureau of Land pedited, environmentally sound development title 31, United States Code, the Secretary Management resource management plans of oil and gas resources in a manner con- shall not recover the Secretary’s costs with and Forest Service leasing analyses shall be sistent with oil and gas conservation prin- respect to applications and other documents available for oil and gas leasing without ciples. relating to oil and gas leases. lease stipulations more stringent than re- (2) APPEALS.—Following a transfer of au- (b) COMPLETION OF PLANNING DOCUMENTS strictions on surface use and operations im- thority under section 101, an appeal of any AND ANALYSES.— posed under the laws (including regulations) decision made by a State oil and gas con- (1) IN GENERAL.—The Secretary shall com- of the State oil and gas conservation author- servation authority shall be made in accord- plete any resource management planning ity unless the Secretary includes in the deci- ance with State administrative procedures. documents and analyses not later than 90 sion approving the management plan or leas- (c) PENDING ENFORCEMENT ACTIONS.—The days after receiving any offer, application, ing analysis a written explanation why more Secretary may continue to enforce any pend- or request for which a planning document or stringent stipulations are warranted. ing actions respecting acts committed before analysis is required to be prepared. (2) APPEAL.—Any decision to require a the date on which authority is transferred to (2) PREPARATION BY APPLICANT OR LESSEE.— more stringent stipulation shall be adminis- a State under section 101 until those pro- If the Secretary is unable to complete the tratively appealable and, following a final ceedings are concluded. document or analysis within the time pre- agency decision, shall be subject to judicial (d) PENDING APPLICATIONS.— scribed by paragraph (1), the Secretary shall review. (1) TRANSFER TO STATE.—All applications notify the applicant or lessee of the oppor- (c) REJECTION OF OFFER TO LEASE.— respecting oil and gas lease operations and tunity to prepare the required document or (1) IN GENERAL.—If the Secretary rejects an related operations on Federal land pending analysis for the agency’s review and use in offer to lease on the ground that the land is before the Secretary on the date on which decisionmaking. unavailable for leasing, the Secretary shall authority is transferred under section 101 (c) REIMBURSEMENT FOR COSTS OF NEPA provide a written, detailed explanation of shall be immediately transferred to the oil ANALYSES, DOCUMENTATION, AND STUDIES.— the reasons the land is unavailable for leas- and gas conservation authority of the State If— ing. in which the lease is located. (1) adequate funding to enable the Sec- (2) PREVIOUS RESOURCE MANAGEMENT DECI- (2) ACTION BY THE STATE.—The oil and gas retary to timely prepare a project-level anal- SION.—If the determination of unavailability conservation authority shall act on the ap- ysis required under the National Environ- is based on a previous resource management plication in accordance with State laws (in- mental Policy Act of 1969 (42 U.S.C. 4321 et decision, the explanation shall include a cluding regulations) and requirements. seq.) with respect to an oil or gas lease is not careful assessment of whether the reasons TITLE II—USE OF COST SAVINGS FROM appropriated; and underlying the previous decision are still STATE REGULATION (2) the lessee, operator, or operating rights persuasive. owner voluntarily pays for the cost of the re- SEC. 201. COMPENSATION FOR COSTS. (3) SEGREGATION OF AVAILABLE LAND FROM quired analysis, documentation, or related UNAVAILABLE LAND.—The Secretary may not (a) IN GENERAL.—Subject to the avail- study; ability of appropriations, the Secretary shall reject an offer to lease land available for the Secretary shall reimburse the lessee, op- compensate any State for costs incurred to leasing on the ground that the offer includes erator, or operating rights owner for its carry out the authorities transferred under land unavailable for leasing, and the Sec- costs through royalty credits attributable to section 101. retary shall segregate available land from the lease, unit agreement, or project area. (b) PAYMENT SCHEDULE.—Payments shall unavailable land, on the offeror’s request fol- be made not less frequently than every quar- SEC. 302. TIMELY ISSUANCE OF DECISIONS. lowing notice by the Secretary, before acting (a) IN GENERAL.—The Secretary shall enter. on the offer to lease. sure the timely issuance of Federal agency (c) COST BREAKDOWN REPORT.—Each State (d) DISAPPROVAL OR REQUIRED MODIFICA- decisions respecting oil and gas leasing and seeking compensation shall report to the TION OF SURFACE USE PLANS OF OPERATIONS operations on Federal land. Secretary a cost breakdown for the authori- AND APPLICATION FOR PERMIT TO DRILL.—The (b) OFFER TO LEASE.— ties transferred. Secretary shall provide a written, detailed (1) DEADLINE.—The Secretary shall accept (d) LIMITATION ON AMOUNT.— explanation of the reasons for disapproving or reject an offer to lease not later than 90 (1) IN GENERAL.—Compensation to a State or requiring modifications of any surface use days after the filing of the offer. may not exceed 50 percent of the Secretary’s plan of operations or application for permit (2) FAILURE TO MEET DEADLINE.—If an offer allocated cost for oil and gas leasing activi- to drill. is not acted upon within that time, the offer ties under section 35(b) of the Act of Feb- (e) EFFECTIVENESS OF DECISION.—A decision shall be deemed to have been accepted. ruary 25, 1920 (commonly known as the of the Secretary respecting an oil and gas (c) APPLICATION FOR PERMIT TO DRILL.— ‘‘Mineral Leasing Act’’) (30 U.S.C. 191(b)) for lease shall be effective pending administra- (1) DEADLINE.—The Secretary and a State tive appeal to the appropriate office within the State for fiscal year 1997. that has accepted a transfer of authority (2) ADJUSTMENT.—The Secretary shall ad- the Department of the Interior or the De- under section 101 shall approve or disapprove partment of Agriculture unless that office just the maximum level of cost compensa- an application for permit to drill not later tion at least once every 2 years to reflect grants a stay in response to a petition satis- than 30 days after receiving a complete ap- fying the criteria for a stay established by any increases in the Consumer Price Index plication. (all items, United States city average) as section 4.21(b) of title 43, Code of Federal (2) FAILURE TO MEET DEADLINE.—If the ap- Regulations (or any successor regulation). prepared by the Department of Labor, using plication is not acted on within the time pre- SEC. 304. REPORTS. 1997 as the baseline year. scribed by paragraph (1), the application SEC. 202. EXCLUSION OF COSTS OF PREPARING shall be deemed to have been approved. (a) IN GENERAL.—Not later than March 31, PLANNING DOCUMENTS AND ANAL- (d) SURFACE USE PLAN OF OPERATIONS.— 2000, the Secretaries shall jointly submit to YSES. The Secretary shall approve or disapprove a the President of the Senate and the Speaker Section 35 of the Act of February 25, 1920 surface use plan of operations not later than of the House of Representatives a report ex- (30 U.S.C. 191(b)) is amended by adding at the 30 days after receipt of a complete plan. plaining the most efficient means of elimi- end the following: (e) ADMINISTRATIVE APPEALS.— nating overlapping jurisdiction, duplication ‘‘(6) The Secretary shall not include, for (1) DEADLINE.—From the time that a Fed- of effort, and inconsistent policymaking and the purpose of calculating the deduction eral oil and gas lessee or operator files a no- policy implementation as between the Bu- under paragraph (1), costs of preparing re- tice of administrative appeal of a decision or reau of Land Management and the Forest source management planning documents and order of an officer or employee of the Depart- Service. analyses for areas in which mineral leasing ment of the Interior or the Forest Service re- (b) RECOMMENDATIONS.—The report shall is excluded or areas in which the primary ac- specting a Federal oil and gas Federal lease, include recommendations on statutory tivity under review is not mineral leasing the Secretary shall have 2 years in which to changes needed to implement the report’s and development.’’. issue a final decision in the appeal. conclusions. SEC. 203. RECEIPT SHARING. (2) FAILURE TO MEET DEADLINE.—If no final SEC. 305. SCIENTIFIC INVENTORY OF OIL AND Section 35(b) of the Act of February 25, 1920 decision has been issued within the time pre- GAS RESERVES. (30 U.S.C. 191(b)) is amended by striking scribed by paragraph (1), the appeal shall be (a) IN GENERAL.—Not later than March 31, ‘‘paid to States’’ and inserting ‘‘paid to deemed to have been granted. 2000, the Secretary of the Interior, in con- States (other than States that accept a SEC. 303. ELIMINATION OF UNWARRANTED DENI- sultation with the Director of the United transfer of authority under section 101 of the ALS AND STAYS. States Geological Survey, shall publish, Federal Oil and Gas Lease Management Act (a) IN GENERAL.—The Secretary shall en- through notice in the Federal Register, a of 1999)’’. sure that unwarranted denials and stays of science-based national inventory of the oil

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5297 and gas reserves and potential resources un- the payment in value or amount is cal- (4) offshore gas wells producing less than derlying Federal land and the outer Conti- culated from a point away from the lease, 1,200 million British thermal units per day. nental Shelf. the payment shall be adjusted for quality SEC. 503. SUSPENSION OF PRODUCTION ON OIL (b) CONTENTS.—The inventory shall— and location differentials, and the lessee AND GAS OPERATIONS. (1) indicate what percentage of the oil and shall be allowed reimbursements at a reason- (a) IN GENERAL.—Any person operating an gas reserves and resources is currently available commercial rate for transportation (in- oil well under a lease issued under the Act of able for leasing and development; and cluding transportation to the point where February 25, 1920 (commonly known as the (2) specify the percentages of the reserves the production is put in marketable condi- ‘‘Mineral Leasing Act’’) (30 U.S.C. 181 et seq.) and resources that are on— tion), marketing, processing, and other serv- or the Mineral Leasing Act for Acquired (A) land that is open for leasing as of the ices beyond the lease through the point of Lands (30 U.S.C. 351 et seq.) may submit a date of enactment of this Act that has never sale, other disposition, or delivery;’’. notice to the Secretary of the Interior of sus- been leased; SEC. 403. AMENDMENT OF MINERAL LEASING pension of operation and production at the (B) land that is open for leasing or develop- ACT. well. ment subject to no surface occupancy stipu- Section 17(c) of the Act of February 25, 1920 (b) PRODUCTION QUANTITIES NOT A FAC- lations; and (30 U.S.C. 226(c)) (commonly known as the TOR.—A notice under subsection (a) may be (C) land that is open for leasing or develop- ‘‘Mineral Leasing Act’’), is amended by add- submitted without regard to per day produc- ment subject to other lease stipulations that ing at the end the following: tion quantities at the well and without re- have significantly impeded or prevented, or ‘‘(3) ROYALTY DUE IN VALUE.— gard to the requirements of subsection (a) of are likely to significantly impede or prevent, ‘‘(A) IN GENERAL.—Royalty due in value section 3103.4–4 of title 43 of the Code of Fed- development; and shall be based on the value of oil or gas pro- eral Regulations (or any successor regula- (3) indicate the percentage of oil and gas duction at the lease in marketable condition) respecting the granting of such relief, resources that are not available for leasing tion, and the royalty due in amount shall be except that the notice shall be submitted to or are withdrawn from leasing. based on the royalty share of production at an office in the Department of the Interior (c) PUBLIC COMMENT.— the lease. designated by the Secretary of the Interior. (1) IN GENERAL.—The Secretary of the Inte- ‘‘(B) CALCULATION OF VALUE OR AMOUNT (c) PERIOD OF RELIEF.—On submission of a rior shall invite public comment on the in- FROM A POINT AWAY FROM A LEASE.—If the notice under subsection (a) for an oil well, ventory to be filed not later than September payment in value or amount is calculated the operator of the well may suspend oper- 30, 2000. from a point away from the lease— ation and production at the well for a period (2) RESOURCE MANAGEMENT DECISIONS.—Spe- ‘‘(i) the payment shall be adjusted for qual- beginning on the date of submission of the cifically, the Secretary of the Interior shall ity and location differentials; and notice and ending on the later of— invite public comment on the effect of Fed- ‘‘(ii) the lessee shall be allowed reimburse- (1) the date that is 2 years after the date on eral resource management decisions on past ments at a reasonable commercial rate for which the suspension of operation and pro- and future oil and gas development. transportation (including transportation to duction commences; or (d) REPORT.— the point where the production is put in (2) the date on which the cash price of West (1) IN GENERAL.—Not later than March 31, marketable condition), marketing, proc- Texas Intermediate crude oil, as posted on 2001, the Secretary of the Interior shall sub- essing, and other services beyond the lease the Dow Jones Commodities Index chart is mit to the President of the Senate and the through the point of sale, other disposition, greater than $15 per barrel for 90 consecutive Speaker of the House of Representatives a or delivery;’’. pricing days. report comprised of the revised inventory SEC. 404. INDIAN LAND. and responses to the public comments. This title shall not apply with respect to S. 1050 (2) CONTENTS.—The report shall specifi- Indian land. Be it enacted by the Senate and House of cally indicate what steps the Secretaries be- TITLE V—ROYALTY REINVESTMENT IN Representatives of the United States of America lieve are necessary to increase the percent- AMERICA in Congress assembled, age of land open for development of oil and SECTION 1. SHORT TITLE. gas resources. SEC. 501. ROYALTY INCENTIVE PROGRAM. (a) IN GENERAL.—To encourage exploration This Act may be cited as the ‘‘Energy Se- TITLE IV—FEDERAL ROYALTY CERTAINTY and development expenditures on Federal curity Tax Policy Act of 1999’’. SEC. 401. DEFINITIONS. land and the outer Continental Shelf for the SEC. 2. ELIMINATION OF CERTAIN AMT PREF- In this title: development of oil and gas resources when ERENCES FOR OIL AND GAS ASSETS. (1) MARKETABLE CONDITION.—The term the cash price of West Texas Intermediate (a) DEPLETION.—Section 57(a)(1) of the In- ‘‘marketable condition’’ means lease produc- crude oil, as posted on the Dow Jones Com- ternal Revenue Code of 1986 (relating to de- tion that is sufficiently free from impurities modities Index chart is less than $18 per bar- pletion) is amended by striking the second and otherwise in a condition that the pro- rel for 90 consecutive pricing days or when sentence and inserting the following: ‘‘This duction will be accepted by a purchaser natural gas prices as delivered at Henry Hub, paragraph shall not apply to any deduction under a sales contract typical for the field or Louisiana, are less than $2.30 per million for depletion computed in accordance with area. British thermal units for 90 consecutive section 613A.’’ (2) REASONABLE COMMERCIAL RATE.— days, the Secretary shall allow a credit (b) INTANGIBLE DRILLING COSTS.—Section (A) IN GENERAL.—The term ‘‘reasonable against the payment of royalties on Federal 57(a)(2)(E) of the Internal Revenue Code of commercial rate’’ means— oil production and gas production, respec- 1986 (relating to exception for independent (i) in the case of an arm’s-length contract, tively, in an amount equal to 20 percent of producers) is amended to read as follows: the actual cost incurred by the lessee; or the capital expenditures made on explo- ‘‘(E) TERMINATION OF APPLICATION TO OIL (ii) in the case of a non-arm’s-length con- ration and development activities on Federal AND GAS PROPERTIES.—In the case of any tax- tract— oil and gas leases. able year beginning after December 31, 1998, (I) the rate charged in a contract for simi- (b) NO CREDITING AGAINST ONSHORE FED- this paragraph shall not apply in the case of lar services in the same area between parties ERAL ROYALTY OBLIGATIONS.—In no case any oil or gas property.’’ with opposing economic interests; or shall such capital expenditures made on (c) EFFECTIVE DATE.—The amendments (II) if there are no arm’s-length contracts Outer Continental Shelf leases be credited made by this section shall apply to taxable for similar services in the same area, the against onshore Federal royalty obligations. years beginning after December 31, 1998. just and reasonable rate for the transpor- SEC. 502. MARGINAL WELL PRODUCTION INCEN- SEC. 3. DEPRECIATION ADJUSTMENT NOT TO tation service rendered by the lessee or les- TIVES. APPLY TO OIL AND GAS ASSETS. see’s affiliate. To enhance the economics of marginal oil (a) IN GENERAL.—Subparagraph (B) of sec- (B) DISPUTES.—Disputes between the Sec- and gas production by increasing the ulti- tion 56(a)(1) of the Internal Revenue Code of retary and a lessee over what constitutes a mate recovery from marginal wells when the 1986 (relating to depreciation adjustments) is just and reasonable rate for such service cash price of West Texas Intermediate crude amended to read as follows: shall be resolved by the Federal Energy Reg- oil, as posted on the Dow Jones Commodities ‘‘(B) EXCEPTIONS.—This paragraph shall ulatory Commission. Index chart is less than $18 per barrel for 90 not apply to— SEC. 402. AMENDMENT OF OUTER CONTINENTAL consecutive pricing days or when natural gas ‘‘(i) property described in paragraph (1), (2), SHELF LANDS ACT. prices are delivered at Henry Hub, Louisiana, (3), or (4) of section 168(f), or Section 8(b)(3) of the Outer Continental are less than $2.30 per million British ther- ‘‘(ii) property used in the active conduct of Shelf Lands Act (43 U.S.C. 1337(b)(3)) is mal units for 90 consecutive days, the Sec- the trade or business of exploring for, ex- amended by striking the semicolon at the retary shall reduce the royalty rate as pro- tracting, developing, or gathering crude oil end and adding the following: duction declines for— or natural gas.’’ ‘‘Provided: That if the payment is in value (1) onshore oil wells producing less than 30 (b) DEPRECIATION ADJUSTMENT FOR PUR- or amount, the royalty due in value shall be barrels per day; POSES OF ADJUSTED CURRENT EARNINGS.— based on the value of oil or gas production at (2) onshore gas wells producing less than Paragraph (4)(A) of section 56(g) of such Code the lease in marketable condition, and the 120 million British thermal units per day; (relating to adjustments based on adjusted royalty due in amount shall be based on the (3) offshore oil well producing less than 300 current earnings) is amended by adding at royalty share of production at the lease; if barrels of oil per day; and the end the following new clause:

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5298 CONGRESSIONAL RECORD — SENATE May 13, 1999

‘‘(vi) OIL AND GAS PROPERTY.—In the case of ‘‘(B) the sum of the credits allowable under well shall not be treated as qualified crude property used in the active conduct of the subpart A and section 27.’’ oil production or qualified natural gas pro- trade or business of exploring for, extracting, (2) CONFORMING AMENDMENTS.— duction to the extent production from the developing, or gathering crude oil or natural (A) Section 53(d)(1)(B)(iii) of such Code is well during the taxable year exceeds 1,095 gas, the amount allowable as depreciation or amended by inserting ‘‘as in effect on the barrels or barrel equivalents. amortization with respect to such property date of the enactment of the Energy Secu- ‘‘(B) PROPORTIONATE REDUCTIONS.— shall be determined in the same manner as rity Tax Policy Act of 1999,’’ after ‘‘(i) SHORT TAXABLE YEARS.—In the case of for purposes of computing the regular tax.’’ ‘‘29(b)(6)(B),’’. a short taxable year, the limitations under (c) EFFECTIVE DATE.—The amendments (B) Section 55(c)(2) of such Code is amend- this paragraph shall be proportionately re- made by this section shall apply to taxable ed by striking ‘‘29(b)(6),’’. duced to reflect the ratio which the number years beginning after December 31, 1998. (c) EFFECTIVE DATE.—The amendments of days in such taxable year bears to 365. SEC. 4. REPEAL CERTAIN ADJUSTMENTS BASED made by this section shall apply to taxable ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE ON ADJUSTED CURRENT EARNINGS years beginning after December 31, 1998. YEAR.—In the case of a well which is not ca- RELATING TO OIL AND GAS ASSETS. SEC. 6. TAX CREDIT FOR MARGINAL DOMESTIC pable of production during each day of a tax- (a) INTANGIBLE DRILLING COSTS.—Clause (i) OIL AND NATURAL GAS WELL PRO- able year, the limitations under this para- of section 56(g)(4)(D) of the Internal Revenue DUCTION. graph applicable to the well shall be propor- Code of 1986 (relating to certain other earn- (a) CREDIT FOR PRODUCING OIL AND GAS tionately reduced to reflect the ratio which ings and profits adjustments) is amended by FROM MARGINAL WELLS.—Subpart D of part the number of days of production bears to striking the second sentence and inserting IV of subchapter A of chapter 1 of the Inter- the total number of days in the taxable year. the following: ‘‘In the case of any oil or gas nal Revenue Code of 1986 (relating to busi- ‘‘(3) DEFINITIONS.— well, this clause shall not apply to amounts ness credits) is amended by adding at the end ‘‘(A) MARGINAL WELL.—The term ‘marginal paid or incurred in taxable years beginning the following new section: well’ means a domestic well— after December 31, 1998.’’ ‘‘SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS ‘‘(i) the production from which during the (b) DEPLETION.—Clause (ii) of section FROM MARGINAL WELLS. taxable year is treated as marginal produc- 56(g)(4)(F) of the Internal Revenue Code of ‘‘(a) GENERAL RULE.—For purposes of section under section 613A(c)(6), or 1986 (relating to depletion) is amended to tion 38, the marginal well production credit ‘‘(ii) which, during the taxable year— read as follows: for any taxable year is an amount equal to ‘‘(I) has average daily production of not ‘‘(ii) EXCEPTION FOR OIL AND GAS WELLS.—In the product of— more than 25 barrel equivalents, and the case of any taxable year beginning after ‘‘(1) the credit amount, and ‘‘(II) produces water at a rate not less than December 31, 1998, clause (i) (and subpara- ‘‘(2) the qualified crude oil production and 95 percent of total well effluent. graph (C)(i)) shall not apply to any deduction the qualified natural gas production which is ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude for depletion computed in accordance with attributable to the taxpayer. oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ section 613A.’’ ‘‘(b) CREDIT AMOUNT.—For purposes of this have the meanings given such terms by sec- (c) EFFECTIVE DATE.—The amendments section— tion 613A(e). made by this section shall apply to taxable ‘‘(1) IN GENERAL.—The credit amount is— ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- years beginning after December 31, 1998. ‘‘(A) $3 per barrel of qualified crude oil pro- rel equivalent’ means, with respect to nat- SEC. 5. ENHANCED OIL RECOVERY CREDIT AND duction, and ural gas, a conversion ratio of 6,000 cubic feet CREDIT FOR PRODUCING FUEL ‘‘(B) 50 cents per 1,000 cubic feet of quali- of natural gas to 1 barrel of crude oil. FROM A NONCONVENTIONAL fied natural gas production. ‘‘(d) OTHER RULES.— SOURCE ALLOWED AGAINST MIN- ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- IMUM TAX. ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- PAYER.—In the case of a marginal well in (a) ENHANCED OIL RECOVERY CREDIT AL- CREASE.— ‘‘(A) IN GENERAL.—The $3 and 50 cents which there is more than one owner of oper- LOWED AGAINST REGULAR AND MINIMUM ating interests in the well and the crude oil TAX.— amounts under paragraph (1) shall each be reduced (but not below zero) by an amount or natural gas production exceeds the limita- (1) ALLOWING CREDIT AGAINST MINIMUM tion under subsection (c)(2), qualifying crude TAX.—Subsection (c) of section 38 of the In- which bears the same ratio to such amount (determined without regard to this para- oil production or qualifying natural gas pro- ternal Revenue Code of 1986 (relating to limi- duction attributable to the taxpayer shall be tation based on amount of tax) is amended graph) as— ‘‘(i) the excess (if any) of the applicable determined on the basis of the ratio which by redesignating paragraph (3) as paragraph taxpayer’s revenue interest in the produc- (4) and by inserting after paragraph (2) the reference price over $14 ($1.56 for qualified natural gas production), bears to tion bears to the aggregate of the revenue in- following new paragraph: terests of all operating interest owners in ‘‘(3) SPECIAL RULES FOR ENHANCED OIL RE- ‘‘(ii) $3 ($0.33 for qualified natural gas production). the production. COVERY CREDIT.— ‘‘(2) OPERATING INTEREST REQUIRED.—Any ‘‘(A) IN GENERAL.—In the case of the en- The applicable reference price for a taxable credit under this section may be claimed hanced oil recovery credit— year is the reference price for the calendar only on production which is attributable to ‘‘(i) this section and section 39 shall be ap- year preceding the calendar year in which the holder of an operating interest. the taxable year begins. plied separately with respect to the credit, ‘‘(3) PRODUCTION FROM NONCONVENTIONAL ‘‘(B) INFLATION ADJUSTMENT.—In the case and SOURCES EXCLUDED.—In the case of produc- ‘‘(ii) in applying paragraph (1) to the cred- of any taxable year beginning in a calendar tion from a marginal well which is eligible it— year after 2000, each of the dollar amounts for the credit allowed under section 29 for ‘‘(I) subparagraphs (A) and (B) thereof shall contained in subparagraph (A) shall be in- the taxable year, no credit shall be allowable not apply, and creased to an amount equal to such dollar under this section unless the taxpayer elects ‘‘(II) the limitation under paragraph (1) (as amount multiplied by the inflation adjust- not to claim the credit under section 29 with modified by subclause (I)) shall be reduced ment factor for such calendar year (deter- respect to the well.’’ by the credit allowed under subsection (a) for mined under section 43(b)(3)(B) by sub- (b) CREDIT TREATED AS BUSINESS CREDIT.— the taxable year (other than the enhanced stituting ‘1999’ for ‘1990’). Section 38(b) of the Internal Revenue Code of oil recovery credit). ‘‘(C) REFERENCE PRICE.—For purposes of 1986 (relating to current year business credit) ‘‘(B) ENHANCED OIL RECOVERY CREDIT.—For this paragraph, the term ‘reference price’ is amended by striking ‘‘plus’’ at the end of purposes of this subsection, the term ‘en- means, with respect to any calendar year— paragraph (11), by striking the period at the hanced oil recovery credit’ means the credit ‘‘(i) in the case of qualified crude oil pro- end of paragraph (12) and inserting ‘‘, plus’’, allowable under subsection (a) by reason of duction, the reference price determined and by adding at the end the following new section 43(a).’’. under section 29(d)(2)(C), and paragraph: (2) CONFORMING AMENDMENT.—Subclause ‘‘(ii) in the case of qualified natural gas ‘‘(13) the marginal oil and gas well produc- (II) of section 38(c)(2)(A)(ii) of such Code is production, the Secretary’s estimate of the tion credit determined under section amended by inserting ‘‘or the enhanced oil annual average wellhead price per 1,000 cubic 45D(a).’’. recovery credit’’ after ‘‘employment credit’’. feet for all domestic natural gas. (c) CREDIT ALLOWED AGAINST REGULAR AND (b) CREDIT FOR PRODUCING FUEL FROM A ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL MINIMUM TAX.— NONCONVENTIONAL SOURCE.— GAS PRODUCTION.—For purposes of this sec- (1) IN GENERAL.—Subsection (c) of section (1) ALLOWING CREDIT AGAINST MINIMUM tion— 38 of the Internal Revenue Code of 1986 (re- TAX.—Section 29(b)(6) of the Internal Rev- ‘‘(1) IN GENERAL.—The terms ‘qualified lating to limitation based on amount of tax), enue Code of 1986 is amended to read as fol- crude oil production’ and ‘qualified natural as amended by section 5(a)(1), is amended by lows: gas production’ mean domestic crude oil or redesignating paragraph (4) as paragraph (5) ‘‘(6) APPLICATION WITH OTHER CREDITS.—The natural gas which is produced from a mar- and by inserting after paragraph (3) the fol- credit allowed by subsection (a) for any tax- ginal well. lowing new paragraph: able year shall not exceed— ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION ‘‘(4) SPECIAL RULES FOR MARGINAL OIL AND ‘‘(A) the regular tax for the taxable year WHICH MAY QUALIFY.— GAS WELL PRODUCTION CREDIT.— and the tax imposed by section 55, reduced ‘‘(A) IN GENERAL.—Crude oil or natural gas ‘‘(A) IN GENERAL.—In the case of the mar- by produced during any taxable year from any ginal oil and gas well production credit—

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5299 ‘‘(i) this section and section 39 shall be ap- ‘‘(I) at an inclination of at least 70 degrees The proposed legislation would ex- plied separately with respect to the credit, off the vertical, and tend the Strategic Petroleum Reserve and ‘‘(II) for a distance in excess of 1,000 feet.’’ and International Energy Program au- (c) CONFORMING AMENDMENT.—Clause (iii) ‘‘(ii) in applying paragraph (1) to the cred- thorities to September 30, 2003. It it— of section 43(c)(2)(A) of the Internal Revenue ‘‘(I) subparagraphs (A) and (B) thereof shall Code of 1986 is amended to read as follows: would also delete or amend certain pro- not apply, and ‘‘(iii) with respect to which— visions which are outdated or unneces- ‘‘(II) the limitation under paragraph (1) (as ‘‘(I) in the case of a tertiary recovery sary. modified by subclause (I)) shall be reduced method, the first injection of liquids, gases, I ask unanimous consent that the bill by the credit allowed under subsection (a) for or other matter commences after December and the executive communication the taxable year (other than the marginal oil 31, 1990, and which accompanied the proposal be ‘‘(II) in the case of a qualified horizontal and gas well production credit). printed in the RECORD. drilling method, the implementation of the ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- There being no objection, the mate- TION CREDIT.—For purposes of this sub- method begins after December 31, 1998.’’ section, the term ‘marginal oil and gas well (d) EFFECTIVE DATE.—The amendments rials were ordered to be printed in the production credit’ means the credit allow- made by this section shall apply to taxable RECORD, as follows: able under subsection (a) by reason of sec- years ending after December 31, 1998. S. 1051 tion 45D(a).’’. SEC. 8. NATURAL GAS GATHERING LINES TREAT- Be it enacted by the Senate and House of Rep- (2) CONFORMING AMENDMENTS.— ED AS 7-YEAR PROPERTY. resentatives of the United States of America in (A) Subclause (II) of section 38(c)(2)(A)(ii) (a) IN GENERAL.—Subparagraph (C) of sec- Congress assembled, of such Code, as amended by section 5(a)(2), tion 168(e)(3) of the Internal Revenue Code of SECTION 1. This Act may be cited as the is amended by striking ‘‘or the enhanced oil 1986 (relating to classification of certain ‘‘Energy Policy and Conservation Act recovery credit’’ and inserting ‘‘the en- property) is amended by redesignating clause Amendments’’. hanced oil recovery credit, or the marginal (ii) as clause (iii) and by inserting after SEC. 2. Section 2 of the Energy Policy and oil and gas well production credit’’. clause (i) the following new clause: Conservation Act (42 U.S.C. 6201) is amend- (B) Subclause (II) of section 38(c)(3)(A)(ii) ‘‘(ii) any natural gas gathering line, and’’. ed— of such Code, as added by section 5(a)(1), is (b) NATURAL GAS GATHERING LINE.—Sub- (a) in paragraph (1) by striking ‘‘standby’’ amended by inserting ‘‘or the marginal oil section (i) of section 168 of the Internal Rev- and ‘‘, subject to congressional review, to and gas well production credit’’ after ‘‘recov- enue Code of 1986 is amended by adding at impose rationing, to reduce demand for en- ery credit’’. the end the following new paragraph: ergy through the implementation of energy (d) COORDINATION WITH SECTION 29.—Sec- ‘‘(15) NATURAL GAS GATHERING LINE.—The conservation plans, and’’; and tion 29(d) of the Internal Revenue Code of term ‘natural gas gathering line’ means the (b) by striking paragraphs (3) and (6). 1986 (relating to other definitions and special pipe, equipment, and appurtenances used to SEC. 3. Section 3 of the Energy Policy and rules) is amended by adding at the end the deliver natural gas from the wellhead to the Conservation Act (42 U.S.C. 6202) is amended following new paragraph: point at which such gas first reaches— in paragraph (8) by inserting ‘‘or inter- ‘‘(9) ELECTION NOT TO TAKE CREDIT.—No ‘‘(A) a gas processing plant, national’’ before ‘‘energy supply shortage’’. credit shall be allowed under subsection (a) ‘‘(B) an interconnection with an interstate SEC. 4. Title I of the Energy Policy and with respect to production from any mar- natural-gas company (as defined in section Conservation Act (42 U.S.C. 6211–6251) is ginal well (as defined in section 45D(c)(3)(A)) 2(6) of the Natural Gas Act (15 U.S.C. amended— if the taxpayer elects to not have this sec- 717a(6))), or (a) by striking section 102 (42 U.S.C. 6211) tion apply to such well.’’ ‘‘(C) an interconnection with an intrastate and its heading; (e) CLERICAL AMENDMENT.—The table of transmission pipeline.’’ (b) by striking section 104(b)(1); sections for subpart D of part IV of sub- (c) EFFECTIVE DATE.—The amendments chapter A of chapter 1 of the Internal Rev- (c) in section 105 (42 U.S.C. 6213)— made by this section shall apply to property (1) by amending subsection (e) to read as enue Code of 1986 is amended by adding at placed in service before, on, or after the date the end the following new item: follows— of the enactment of this Act. ‘‘On or after December 31, 2000, the Sec- ‘‘45D. Credit for producing oil and gas retary shall establish a program for setting from marginal wells.’’ By Mr. MURKOWSKI (for himself the terms of joint bidding by any person for (f) EFFECTIVE DATE.—The amendments and Mr. BINGAMAN (by re- made by this section shall apply to produc- the right to explore for and develop crude tion in taxable years ending after the date of quest)): oil, natural gas, natural gas liquids, sulphur, the enactment of this Act. S. 1051. A bill to amend the Energy and other minerals located on Outer Conti- SEC. 7. ALLOWANCE OF ADDITIONAL ENHANCED Policy and Conservation Act to man- nental Shelf lands. The program shall con- OIL RECOVERY METHOD. age the Strategic Petroleum Reserve sider the goals of ensuring a fair return, en- (a) IN GENERAL.—Clause (i) of section more effectively, and for other pur- couraging timely and efficient resource de- 43(c)(2)(A) of the Internal Revenue Code of poses; to the Committee on Energy and velopment, and other goals as the Secretary deems appropriate. Conditions under which 1986 (defining qualified enhanced oil recovery Natural Resources. project) is amended to read as follows: joint bidding will be permitted or restricted ‘‘(i) which involves the application (in ac- ENERGY POLICY AND CONSERVATION ACT will be established through regulation.’’; cordance with sound engineering principles) AMENDMENTS (2) by adding subsection (f) to read as fol- of— Mr. MURKOWSKI. Mr. President, lows— ‘‘(I) one or more tertiary recovery methods pursuant to an executive communica- ‘‘(f) Subsections (a) though (d) of this sec- (as defined in section 193(b)(3)) which can tion referred to the Committee on En- tion shall expire on the effective date of the reasonably be expected to result in more ergy and Natural Resources, at the re- program established by the Secretary pursu- than an insignificant increase in the amount quest of the Department of Energy, I ant to subsection (e).’’. (d) by striking section 106 (42 U.S.C. 6214) of crude oil which will ultimately be recov- introduce a bill cited as the ‘‘Energy ered, or and its heading; ‘‘(II) a qualified horizontal drilling method Policy and Conservation Act Amend- (e) by amending section 151(b) (42 U.S.C. which can reasonably be expected to result ments.’’ The bill would amend and ex- 6231) to read as follows: in more than an insignificant increase in the tend certain authorities in the Energy ‘‘(b) It is the policy of the United States to amount of crude oil which will ultimately be and Policy Conservation Act which ei- provide for the creation of a Strategic Petro- recovered or lead to the discovery or delinea- ther have expired or will expire Sep- leum Reserve for the storage of up to 1 bil- tion of previously undeveloped accumula- tember 30, 1999. I would like to submit lion barrels of petroleum products to reduce tions of crude oil,’’ a copy of the transmittal letter and the the impact of disruptions in supplies of pe- (b) QUALIFIED HORIZONTAL DRILLING METH- troleum products, to carry out obligations of OD.—Section 43(c)(2) of the Internal Revenue text of the bill and ask that it be print- the United States under the international Code of 1986 (relating to qualified enhanced ed in the RECORD. I do this on behalf of energy program, and for other purposes as oil recovery project) is amended by adding at myself and Senator BINGAMAN. provided for in this Act.’’; the end the following new subparagraph: The Act was passed in 1975. Title I of (f) in section 152 (42 U.S.C. 6232)— ‘‘(C) QUALIFIED HORIZONTAL DRILLING METH- the Act authorized the creation and (1) by striking paragraphs (1), (3) and (7), OD.—For purposes of this paragraph— maintenance of the Strategic Petro- and ‘‘(i) IN GENERAL.—The term ‘qualified hori- leum Reserve that would be used to (2) in paragraph (11) by striking ‘‘;such zontal drilling method’ means the drilling of mitigate shortages during an oil supply term includes the Industrial Petroleum Re- a horizontal well in order to penetrate hy- serve, the Early Storage Reserve, and the drocarbon bearing formations located north disruption. Title II contains authori- Regional Petroleum Reserve’’. of latitude 54 degrees North. ties essential for meeting key United (g) by striking section 153 (42 U.S.C. 6233) ‘‘(ii) HORIZONTAL WELL.—The term ‘hori- States obligations to the International and its heading; zontal well’ means a well which is drilled— Energy Agency. (h) in section 154 (42 U.S.C. 6234)—

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5300 CONGRESSIONAL RECORD — SENATE May 13, 1999 (1) by amending subsection (a) to read as (1) in subsection (a), by striking all before ‘‘(2) an estimate of the schedule and cost to follows: the dash and inserting the following— complete planned equipment upgrade or cap- ‘‘(a) A Strategic Petroleum Reserve for the ‘‘(a) The Secretary may acquire, place in ital investment in the Reserve, including up- storage of up to 1 billion barrels of petro- storage, transport, or exchange’’; grades and investments carried out as part of leum products shall be created pursuant to (2) in subsection (a)(1) by striking all after operational maintenance or extension of life this part.’’; ‘‘Federal lands’’; activities; (2) by amending subsection (b) to read as (3) in subsection (b), by striking, ‘‘includ- ‘‘(3) an identification of any life-limiting follows: ing the Early Storage Reserve and the Re- conditions or operational problems at any ‘‘(b) The Secretary, in accordance with this gional Petroleum Reserve’’ and by striking Reserve facility, and proposed remedial ac- part, shall exercise authority over the devel- paragraph (2); and tions including an estimate of the schedule opment, operation, and maintenance of the (4) by striking subsections (c), (d), (e) and and cost of implementing those remedial ac- Reserve.’’; and (g); tions; (3) by striking subsections (c), (d), and (e); (p) in section 161 (42 U.S.C. 6241)— ‘‘(4) a description of current withdrawal (i) by striking section 155 (42 U.S.C. 6235) (1) by striking ‘‘Distribution of the Re- and distribution rates and capabilities, and and its heading; serve’’ in the title of this section and insert- an identification of any operational or other (j) by striking section 156 (42 U.S.C. 6236) ing ‘‘Sale of Petroleum Products’’; limitations on those rates and capabilities; and its heading; (2) in subsection (a), by striking ‘‘draw- ‘‘(5) a listing of petroleum product acquisi- (k) by striking section 157 (42 U.S.C. 6237) down and distribute’’ and inserting ‘‘draw tions made in the preceding year and and its heading; down and sell petroleum products in’’; planned in the following year, including (l) by striking section 158 (42 U.S.C. 6238) (3) by striking subsections (b), (c), and (f); quantity, price, and type of petroleum; and its heading; (4) by amending subsection (d)(1) to read as ‘‘(6) A summary of the actions taken to de- (m) by amending the heading for section follows: velop, operate, and maintain the Reserve; 159 (42 U.S.C. 6239) to read, ‘‘Development, ‘‘(d)(1) Drawdown and sale of petroleum ‘‘(7) a summary of the financial status and Operation, and Maintenance of the Reserve’’; products from the Strategic Petroleum Re- financial transactions of the Strategic Pe- (n) in section 159 (42 U.S.C. 6239)— serve may not be made unless the President troleum Reserve and Strategic Petroleum (1) by striking subsections (a), (b), (c), (d), has found drawdown and sale are required by Reserve Petroleum Accounts for the year. and (e); a severe energy supply interruption or by ob- ‘‘(8) a summary of expenses for the year, (2) by striking subsections (f), to read as ligations of the United States under the and the number of Federal and contractor follows: international energy program.’’; employees; ‘‘(f) In order to develop, operate, or main- (5) by amending subsection (e) to read as ‘‘(9) the status of contracts for develop- tain the Strategic Petroleum Reserve, the follows: ment, operation, maintenance, distribution, Secretary may: ‘‘(e)(1) The Secretary shall sell petroleum and other activities related to the implemen- ‘‘(1) issue rules, regulations, or orders; products withdrawn from the Strategic Pe- tation of this part; ‘‘(2) acquire by purchase, condemnation, or troleum Reserve at public sale to the highest ‘‘(10) a summary of foreign oil storage otherwise, land or interests in land for the qualified bidder in the amounts, for the pe- agreements and their implementation sta- location of storage and related facilities; riod, and after a notice of sale considered ap- tus; ‘‘(3) construct, purchase, lease, or other- propriate by the Secretary, and without re- ‘‘(11) any recommendations for supple- wise acquire storage and related facilities; gard to Federal, State, or local regulations mental legislation or policy or operational ‘‘(4) use, lease, maintain, sell or otherwise controlling sales of petroleum products. changes the Secretary considers necessary or dispose of land or interests in land, or of ‘‘(2) The Secretary may cancel in whole or appropriate to implement this part.’’; storage and related facilities acquired under in part any offer to sell petroleum products (s) in section 166 (42 U.S.C. 6246) by striking this part, under such terms and conditions as as part of any drawdown and sale under this ‘‘for fiscal year 1997.’’; the Secretary considers necessary or appro- Section.’’; and (t) in section 167 (42 U.S.C. 6247)— priate; (6) in subsection (g)— (1) in subsection (b)— ‘‘(5) acquire, subject to the provisions of (A) by amending paragraph (1) to read as (A) by inserting ‘‘for test sales of petro- section 160, by purchase, exchange, or other- follows— leum products from the Reserve,’’ after wise, petroleum products for storage in the ‘‘(g)(1) The Secretary shall conduct a con- ‘‘Strategic Petroleum Reserve,’’, and by in- Strategic Petroleum Reserve; tinuing evaluation of the drawdown and serting ‘‘for’’ before ‘‘the drawdown’’ and in- ‘‘(6) store petroleum products in storage fa- sales procedures. In the conduct of an eval- serting ‘‘, sale,’’ after ‘‘drawdown’’; cilities owned and controlled by the United uation, the Secretary is authorized to carry (B) by striking paragraph (1); and States or in storage facilities owned by oth- out a test drawdown and sale or exchange of (C) in paragraph (2), by striking ‘‘after fis- ers if those facilities are subject to audit by petroleum products from the Reserve. Such a cal year 1982’’; and the United States; test drawdown and sale or exchange may not (2) by striking subsection (e); ‘‘(7) execute any contracts necessary to de- exceed 5,000,000 barrels of petroleum prod- (u) in section 171 (42 U.S.C. 6249)— velop, operate, or maintain the Strategic Pe- ucts.’’; (1) by amending subsection (b)(2)(B) to read troleum Reserve; (B) by striking paragraphs (2) and (6A), as follows: ‘‘(8) bring an action, when the Secretary striking the subparagraph designator ‘‘(B)’’ ‘‘(B) the Secretary notifies each House of considers it necessary, in any court having in paragraph (6), and by deleting the last the Congress of the determination and iden- jurisdiction over the proceedings, to acquire sentence of paragraph (6); tifies in the notification the location, type, by condemnation any real or personal prop- (C) in paragraph (4), by striking ‘‘90’’ and and ownership of storage and related facili- erty, including facilities, temporary use of inserting ‘‘95’’; ties proposed to be included, or the volume, facilities, or other interests in land, together (D) in paragraph (5), by striking ‘‘draw- type, and ownership of petroleum products with any personal property located on or down and distribution’’ and inserting ‘‘test’’; proposed to be stored, in the Reserve, and an used with the land;’’ and and estimate of the proposed benefits.’’; (3) in subsection (g)— (E) in paragraph (8), by striking ‘‘draw- (2) in subsection (b)(3), by striking ‘‘dis- (A) by striking ‘‘implementation’’ and in- down and distribution’’ and inserting ‘‘test’’; tribution of’’ and inserting ‘‘sale of petro- serting ‘‘development’’; and (7) insubsection (h)— leum products from’’; (B) by striking ‘‘Plan’’; (A) in paragraph (1) by striking ‘‘dis- (v) in section 172 (42 U.S.C. 6249a), by strik- (4) by striking subsections (h) and (i); tribute’’ and inserting ‘‘sell petroleum prod- ing subsections (a) and (b); (5) by amending subsection (j) to read as ucts from’’; (w) by striking section 173 (42 U.S.C. 6249b) follows: (B) in paragraph (2) by striking ‘‘In no case and its heading; and ‘‘(j) If the Secretary determines expansion may the Reserve’’ and inserting ‘‘Petroleum (x) in section 181 (42 U.S.C. 6251), by strik- beyond 680,000,000 barrels of petroleum prod- products from the Reserve may not’’; and ing ‘‘September 30, 1999’’ each time it ap- uct inventory is appropriate, the Secretary (C) in paragraph (3) by striking ‘‘distribu- pears and inserting ‘‘September 30, 2003’’. tion’’ each time it appears and inserting shall submit a plan for expansion to the Con- SEC. 5. Title II of the energy Policy and gress.’’; and ‘‘sale’’; Conservation Act (42 U.S.C. 6211–6251) is (q) by striking section 164 (42 U.S.C. 6244) (6) by amending subsection (l) to read as amended— follows: and its heading; (a) by striking Part A (42 U.S.C. 6261 (r) by amending section 165 (42 U.S.C. 6245) ‘‘(l) During a drawdown and sale of Stra- through 6264) and its heading; tegic Petroleum Reserve petroleum prod- and its heading to read as follows (b) by adding at the end of section 256(h), ucts, the Secretary may issue implementing ‘‘ANNUAL REPORT ‘‘There are authorized to be appropriated for rules, regulations, or orders in accordance ‘‘Sec. 165. The Secretary shall report annu- fiscal years 1999 through 2003, such sums as with section 553 of title 5, United States ally to the President and the Congress on ac- may be necessary.’’ Code, without regard to rulemaking require- tions taken to implement this part. This re- (c) by striking Part C (42 U.S.C. 6281 ments in section 523 of this Act, and section port shall include— through 6282) and its heading; and 501 of the Department of Energy Organiza- ‘‘(1) the status of the physical capacity of (d) in section 281 (42 U.S.C. 6285), by strik- tion Act (42 U.S.C. 7191).’’; the Reserve and the type and quantity of pe- ing ‘‘September 30, 1999’’ each time it ap- (o) in section 160 (42 U.S.C. 6240)— troleum products in the Reserve; pears and inserting ‘‘September 30, 2003’’.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5301 SEC. 6. The Table of Contents for the En- American Samoa. The legislation tricts with the headquarters located in ergy Policy and Conservation Act is amend- would also have established a mecha- Hawaii and then in Guam. The TTPI ed— nism for the extension of federal immi- was the only ‘‘strategic’’ trusteeship (a) by striking the items relating to sec- gration laws if the government of the with review by the Security Council tions 102, 106, 153, 155, 156, 157, 158, and 164; (b) by amending the item relating to sec- Northern Marianas proved unable or rather than the General Assembly of tion 159 to read as follows: ‘‘Development, unwilling to adopt and enforce an ef- the United Nations. The Navy adminis- Operation, and maintenance of the Re- fective immigration system. The legis- tered the Trusteeship, together with serve.’’; lation that I am introducing today Guam, until 1951, when administrative (c) by amending the item relating to sec- does not include any provisions dealing jurisdiction was transferred to the De- tion 161 to read as follows: ‘‘Drawdown and with wages. I continue to believe that partment of the Interior. The Northern Sale of Petroleum Products’’ an industry committee is preferable to Marianas, however, were returned to (d) by amending the item relating to sec- outright extension of federal wage Navy jurisdiction from 1952–1962. In tion 165 to read as follows: ‘‘Annual Report’’ rates, but the Northern Marianas, the 1963, administrative headquarters were THE SECRETARY OF ENERGY, Administration, and some of my co- moved to Saipan. Washington, DC, March 15, 1999. sponsors would prefer to have that de- With the establishment of the Con- Hon. AL GORE, bate on another vehicle. gress of Micronesia in 1965, efforts to President of the Senate, Immigration, however, is at the reach an agreement on the future polit- Washington, DC. heart of the problems facing the North- ical status of the area began. Attempts DEAR MR. PRESIDENT: Enclosed is a legisla- ern Marianas. This legislation reflects to maintain a political unity within tive proposal cited as the ‘‘Energy Policy the recommendation of the Committee the TTPI were unsuccessful, and each and Conservation Act Amendments.’’ This on Energy and Natural Resources last of the administrative districts (Kosrae proposal would amend and extend certain au- Congress. What appears on the surface eventually separated from Pohnpei Dis- thorities in the Energy Policy and Conserva- tion Act (Act) which either have expired or to be a prosperous diversified economy trict in the Carolines) sought to retain will expire September 30, 1999. Not all sec- in the Northern Marianas, is in fact a its separate identity. Four of the dis- tions of the current act are proposed for ex- far more fragile economy that is be- tricts became the Federated States of tension. coming ever more dependent on a sys- Micronesia, the Marshalls became the The Act was passed in 1975. Title I author- tem of imported labor. Unemployment Republic of the Marshall Islands, and ized the creation and maintenance of the among US residents remains high and Palau became the Republic of Palau, Strategic Petroleum Reserve that would the public sector is rapidly becoming all sovereign countries in free associa- mitigate shortages during an oil supply dis- the only source of employment for US tion with the United States under ruption. Title II contains authorities essential for meeting key United States obliga- citizens residing in the Marianas. The Compacts of Free Association. The tions to the International Energy Agency. public sector workforce has doubled Marianas had sought reunification This is our method of coordinating energy over the past several years and payroll with Guam and US territorial status emergency response programs with other is the largest expense of the govern- from the beginning of the Trusteeship. countries. These programs are currently au- ment. The recent downturn in tourism Separate negotiations with the Mari- thorized until September 30, 1999. as a result of economic problems in anas began in December, 1972 and con- The proposed legislation would extend the Asia has only served to aggravate the cluded in 1975. Strategic Petroleum Reserve and Inter- In 1976, Congress approved a Cov- national Energy Program authorities to Sep- situation in the Marianas, increase the tember 30, 2003. It would also amend or de- pressures on public sector employment, enant to Establish a Commonwealth of lete certain provisions which are outdated or and tighten the dependence of the Mar- the Northern Mariana Islands in Polit- unnecessary. ianas on imported labor for the private ical Union with the United States (PL The proposed legislation and a sectional sector, mainly garment manufacturing. 94–241). The Covenant had been ap- analysis are enclosed. The Commonwealth of the Northern proved in a United Nations observed The Office of Management and Budget ad- Mariana Islands (CNMI) is a three hun- plebescite in the Northern Mariana Is- vises that enactment of this proposal would dred mile archipelago consisting of lands and formed the basis for the ter- be in accord with the program of the Presi- fourteen islands stretching north of mination of the United Nations Trust- dent. We look forward to working with the Congress toward enactment of this legisla- Guam. The largest inhabited islands eeship with respect to the Northern tion. are Saipan, Rota, and Tinian. Magellan Mariana Islands in 1986 together with Sincerely, landed at Saipan in 1521 and the area the Republic of the Marshall Islands BILL RICHARDSON. was controlled by Spain until the end and the Federated States of Micro- of the Spanish American War. Guam, nesia. Prior to termination, those pro- By Mr. MURKOWSKI (for him- the southernmost of the Marianas, was visions of the Covenant that were not self, Mr. AKAKA, and Mr. BINGA- ceded to the United States following inconsistent with the status of the area MAN): the Spanish-American War and the bal- (such as extension of US sovereignty) S. 1052. A bill to implement further ance sold to Germany together with were made applicable by the US as Ad- the Act (Public Law 94–241) approving the remainder of Spain’s possessions in ministering Authority. Upon termi- the Covenant to Establish a Common- the Caroline and Marshall Islands. nation of the Trusteeship, the CNMI wealth of the Northern Mariana Islands Japan seized the area during World became a territory of the United States in Political Union with the United War I and became the mandatory and its residents became United States States of America, and for other pur- power under a League of Nations Man- citizens. Under the terms of the Cov- poses; to the Committee on Energy and date for Germany’s possessions north enant certain federal laws would be in- Natural Resources. of the equator on December 17, 1920. By applicable in the CNMI, including min- NORTHERN MARIANA ISLANDS COVENANT the 1930’s Japan had developed major imum wage to take into consideration IMPLEMENTATION ACT portions of the area and begun to for- the relative economic situation of the ∑ Mr. MURKOWSKI. Mr. President, tify the islands. Guam was invaded by islands and their relation to other east today I am introducing a modified Japanese forces from Saipan in 1941. Asian countries. version of legislation that the Com- The Marianas were secured after heavy Although the population of the CNMI mittee on Energy and Natural Re- fighting in 1944 and the bases on Tinian was only 15,000 people in 1976 when the sources reported to the Senate last were used for the invasion of Okinawa Covenant went into effect, the popu- Congress to address various problems and for raids on Japan, including the lation now exceeds 60,000 and US citi- that have arisen in the Commonwealth nuclear missions on Hiroshima and Na- zens are a minority. The resident popu- of the Northern Mariana Islands. As re- gasaki. In 1947, the Mandated islands lation is probably about 24,000 with ported by the Committee last Congress, were placed under the United Nations about 28,000 alien workers and esti- the legislation would have created an trusteeship system as the Trust Terri- mates of at least 10,000 illegal aliens. industry committee to establish min- tory of the Pacific Islands (TTPI) and Permits for non-resident workers were imum wage levels similar to commit- the United States was appointed as the reported at 22,500 for 1994, the largest tees that had been created for other Administering Authority. The area was category being for manufacturing. territories and that still exist for divided into six administrative dis- Tourism has climbed from about 230,000

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5302 CONGRESSIONAL RECORD — SENATE May 13, 1999 visitors in 1987 to almost 600,000 in 1994. was negotiated, had a limited private temporary alien labor) grew from 9,599 Total revenues for the CNMI for 1993 sector economy and was under the in 1980 to 32,522 in 1990. Manufacturing were estimated at $157 million. overall Trust Territory minimum grew from 1.9% of the workforce in 1980 The 1995 census statistics from the wage, which was considerably lower to 21.9% in 1990, only slightly behind Commonwealth list unemployment at than the federal minimum wage. The construction which grew from 16.8% to 7.1%, with CNMI born at 14.2% and Asia Marianas also had been a closed secu- 22.2% in the same time frame. The con- born at 4.5%. Since no guest workers rity area until the early 1960’s, further struction numbers track a major in- should be on island without jobs, the limiting development. Congress fully crease in hotel construction. At the 4.5% suggests a serious problem in the expected that the Marianas would es- same time, increases in the minimum CNMI. The 14.2% local unemployment tablish its own schedule and would, wage were halted although wages paid suggests that either guest workers are within a reasonable time frame, raise to U.S. citizens (mainly public sector taking jobs from local residents, or the minimum wages as the local economy and management) exceeded federal lev- wage rates or types of occupation are grew. At the time of the Covenant, els. not adequate to attract local workers. Guam’s local minimum wage exceeded In 1993, in response to Congressional The Covenant established a unique the federal levels, and the Committee concerns, the CNMI stated that it pro- system in the CNMI under which the anticipated that the Northern Mari- posed to enact legislation to raise the local government controlled immigra- anas would mirror the history of wage rates from $2.15 to federal levels tion and minimum wage levels and also Guam. by stages and that legislation would be had the benefit of duty and quota free Shortly after the Covenant went into enacted to prevent any abuse of work- entry of manufactured goods under the effect, the CNMI began to experience a ers. provisions of General Note 3(a) of the growth in tourism and a need for work- Repeated allegations of violations of Harmonized Tariff Schedules. The Sec- ers in both the tourist and construc- applicable federal laws relating to tion by Section analysis of the Com- tion industries. Interest also began to worker health and safety, concerns mittee Report on the Covenant pro- grow in the possibility of textile pro- with respect to immigration problems, vides in part: duction. Initial interest was in produc- including the admission of undesirable Section 503.—This section deals with cer- tion of sweaters made of cotton, wool aliens, and reports of worker abuse, es- tain laws of the United States which are not and synthetic fibers. The CNMI, like pecially in the domestic and garment now applicable to the Northern Mariana Is- the other territories, except for Puerto lands and provides that they will remain in- worker sectors, led to the inclusion of applicable except in the manner and to the Rico, is outside the U.S. customs terri- a $7 million set aside in appropriations extent that they are made applicable by spe- tory but can import products manufac- in 1994 to support federal agency pres- cific legislation enacted after the termi- tured in the territory duty free pro- ence in the CNMI. The Administration nation of the Trusteeship. These laws are: vided that the products meet a certain was not prepared to commit agency re- The Immigration and Naturalization Laws value added amount under General sources to the CNMI absent the fund- (subsection (a)). The reason this provision is Note 3(a) of the Tariff Schedules (then ing, but with an agreement for reim- included is to cope with the problems which called Headnote 3(a)). The first com- unrestricted immigration may impose upon bursement, the Department of the Inte- small island communities. Congress is aware pany began operation in October, 1983 rior reported to the Committee on of those problems. . . . It may well be that and within a year was joined by two April 24, 1995 that: these problems will have been solved by the other companies. Total employment 1) $3 million would be used by the time of the termination of the Trusteeship for the three firms was 250 of which 100 CNMI for a computerized immigration Agreement and that the Immigration and were local residents. At the time, identification and tracking system and Nationality Act containing adequate protec- Guam had a single firm, Sigallo-Pac, for local projects; tive provisions can then be introduced to the also engaged in sweater manufacture 2) $2.2 million would be used by the Northern Mariana Islands. . . . The same consideration applies to the in- with 275 workers, all of whom, how- Department of Justice to strengthen troduction of the Minimum Wage Laws. ever, were U.S. citizens. law enforcement, including the hiring (Subsection (c)). Congress realizes that the Attempts by territories to develop of an additional FBI agent and Assist- special conditions prevailing in the various textile or apparel industries have tradi- ant US Attorney; territories require different treatment. . . . tionally met resistence from Stateside 3) $1.6 million would be used by Labor In these circumstances, it would be inappro- industries. The use of alien labor in the for two senior investigators as well as priate to introduce the Act to the Northern CNMI intensified that concern, and ef- for training; and Mariana Islands without preliminary stud- forts began in 1984 to sharply cut back 4) $200,000 would be used by Treasury ies. There is nothing which would prevent or eliminate the availability of duty for assistance in investigating viola- the Northern Mariana Islands from enacting their own Minimum Wage Legislation. More- free treatment for the territories. The tions of federal law with respect to over, as set forth in section 502(b), the activi- concerns also complicated Senate con- firearms, organized crime, and counter- ties of the United States and its contractors sideration of the Compacts of Free As- feiting. in the Northern Mariana Islands will be sub- sociation in 1985 and led to a delay of In addition, the report recommended ject to existing pertinent Federal Wages and several months in floor consideration that federal law be enacted to phase in Hours Legislation. (S. Rept. 94–433, pp.77–78) when some Members sought to attach the current CNMI minimum wage rates The Committee anticipated that by textile legislation to the Compact leg- to the federal minimum wage level in the termination of the Trusteeship, the islation. By 1986, conditions led the As- 30 cent increments (as then provided by federal government would have found sistant Secretary, Territorial and CNMI legislation), end mandatory as- some way of preventing a large influx International Affairs of the Depart- sistance to the CNMI when the current of persons into the Marianas, recog- ment of the Interior to write the Gov- agreement was fulfilled, continue an- nizing the Constitutional limitations ernor on the situation and that nual support of federal agencies at a $3 on restrictions on travel. In part, the ‘‘[w]ithout timely and effective action million/year level (which would include Covenant attempted to deal with that to reverse the current situation, I must funding for a detention facility that possibility by enacting a restraint on consider proposing Congressional en- meets federal standards), and possible land alienation for twenty-five years, actment of U.S. Immigration and Natu- extension of federal immigration laws. subject to extension by the CNMI. The ralization requirements for the NMI’’. During the 104th Congress, the Sen- minimum wage issue was more dif- By 1990, the population of the CNMI ate passed S. 638, legislation supported ficult, especially in light of the Com- was estimated at 43,345 of whom only by the Administration, that in part mittee’s experience in the Pacific. The 16,752 had been born in the CNMI. Of would have enacted the phase in of the extension of minimum wage to Kwaja- the 26,593 born elsewhere, 2,491 had en- CNMI minimum wage rate to US levels lein was a proximate cause of the over- tered from 1980–1984, 2,591 had entered in 30 cent increments. No action was crowding at Ebeye in the Kwajalein in 1985 or 1986, 6,438 had entered in 1987 taken by the House, and, in the in- Atoll as hundreds of Marshallese or 1988, and 12,955 had entered in 1989 or terim, the CNMI delayed the scheduled moved to the small island in hope of 1990. Of the population in 1990, 21,332 increases and then instituted a limited obtaining a job at the Missile Range. were classified as Asian. The labor increase of 30 cents/hour except for the The CNMI, at the time the Covenant force (all persons 16+ years including garment and construction industries

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5303 where the increase was limited to 15 tration to provide a drafting service of ment of the Interior provided formal cents/hour. The legislation also re- the language needed to implement the Administration opposition to legisla- quired the Commonwealth ‘‘to cooper- recommendations in the annual report tion that would have extended federal ate in the identification and, if nec- and informed the Governor of the Com- minimum wage rates to Samoa stating essary, exclusion or deportation from monwealth of the request and that the that ‘‘[i]mposition of the United States the Commonwealth of the Northern Committee intended to consider the mainland minimum wage on American Mariana Islands of persons who rep- legislation after the Commonwealth Samoa would have a serious, perhaps resent security or law enforcement had an opportunity to review it. The devastating effect on the territorial risks to the Commonwealth of the drafting service was not provided until economy and jobs’’. The industry com- Northern Mariana Islands or the October 6, 1997 and was introduced on mittee for Samoa set rates for 1996 that United States.’’ (Section 4 of S. 638) At October 8, 1997, shortly before the elec- ranged from $2.45/hour for local govern- the same time that Congress began to tions in the CNMI. The Committee de- ment employees to $3.75/hour for the consider legislation on minimum wage ferred hearings so as not to intrude un- subclass of stevedoring and lighterage. and immigration issues, concern over necessarily into local politics and to Wages for the canneries was set at the commitment of federal agencies to allow the CNMI an opportunity to re- $3.10/hour. administer and enforce those federal view and comment on the legislation While the economic situation of the laws already applicable to the CNMI after the local elections. CNMI is considerably different from led the Committee to include a provi- The U.S. Commission on Immigra- that of American Samoa, it is not abso- sion in S. 638 that the annual report on tion Reform conducted a site visit to lutely clear that all segments of all in- the law enforcement initiative also in- the Northern Marianas in July 1997 and clude: ‘‘(6) the reasons why Federal dustries in the CNMI are capable of issued a report which, in general, sup- sustaining federal minimum wage agencies are unable or unwilling to ports the need to address immigration. rates. Unlike American Samoa, the fully and effectively enforce Federal The report, however, also raises some minimum wage issue in the CNMI ap- laws applicable within the Common- concerns with the extension of US im- pears to involve only temporary non- wealth of the Northern Mariana Islands migration laws. The report found prob- immigrant workers. All U.S. citizens unless such activities are funded by the lems in the CNMI ‘‘ranging from bu- resident in the CNMI appear to be earn- Secretary of the Interior.’’ (Section 3 reaucratic inefficiencies to labor ing at or above federal minimum wage of S. 638) abuses to an unsustainable economic, levels. The CNMI completed a min- In February, 1996, I led a Committee social and political system that is anti- imum wage analysis in April 1997 by trip to the CNMI. We met with local thetical to most American values’’ but the HayGroup. The analysis rec- and federal officials as well as inspect- ‘‘a willingness on the part of some ommended against a change in current ing a garment factory and meeting CNMI officials and business leaders to wage rates for at least three years and with Bangladesh security guards who address the various problems’’. The re- planning to accommodate growth. An had not been paid and who were living port expressed some concerns over the in substandard conditions. Their living industry committee would be able to extension of federal immigration laws, conditions were intolerable. There was assess the merits of claims by indi- but that absent the threat of federal no running water, no workable toilets, vidual industries and structure a sys- extension, ‘‘the CNMI is unlikely on its the shack—and that is being kind—was tem that takes into account the indi- own to correct the problems inherent in deplorable condition. As I said at the vidual needs of particular industries or in its immigration system’’. The report time, this was a condition that should sub-classes. recommended that specific benchmarks never exist on American soil. It existed for an effective immigration system be As I stated earlier, I believe that an in the shadow of the Hyatt Hotel. industry committee is the proper ap- I raised my concerns with the Gov- negotiated and that the ‘‘benchmarks should be codified in statute, with pro- proach. I have not included the provi- ernor and with other officials in sion in this legislation due to the oppo- Saipan. We were assured that correc- vision for immediate imposition of federal law if the benchmarks are not met sition of the Northern Marianas, the tive action would be taken. Those as- Administration, and several of my col- surances, especially those dealing with within the prescribed time.’’ Specifi- cally the report recommended that leagues. The Northern Marianas be- minimum wages, seem to have dis- lieves that it can avoid becoming en- appeared as soon as our plane was air- ‘‘[s]hould the CNMI fail to negotiate expeditiously and in good faith, or re- tangled in the federal minimum wage borne. As a result of the meetings and legislation pending in Congress. I don’t continued expressions of concern over nege on the negotiated agreements, we agree that imposition of federal law by share their belief, but this is their conditions, the Committee held an choice. oversight hearing on June 26, 1996 to Congress would be required.’’ (Empha- The Committee conducted a hearing review the situation in the CNMI. At sis in original) on March 31, 1998 on S. 1275 and S. 1100, the hearing, the acting Attorney Gen- While the outright exception from similar legislation introduced by Sen- eral of the Commonwealth requested the minimum wage provisions of fed- ator AKAKA and others. The Committee that the Committee delay any action eral law in the Covenant is an anom- on legislation until the Commonwealth aly, so also was the direct phase in to heard from the Administration, the could complete a study on minimum federal levels contained in the legisla- government of the CNMI, workers and wage and promised that the study tion as transmitted by the Administra- representatives of the local industry, would be completed by January. That tion. Congress has generally recognized as well as public witnesses. At a busi- timing would have enabled the Com- the different economic circumstances ness meeting of the Committee on May mittee to revisit the issue in the April- of the territories and provided for a 20, 1998, the legislation was amended May 1997 period after the Administra- ‘‘special industry committee’’. The ob- and then ordered to be favorably re- tion had transmitted its annual report jective of an industry committee is to ported to the Senate. Unfortunately, on the law enforcement initiative. set wage rates by industry ‘‘to reach as the Senate did not take action on the While the CNMI Study was not finally rapidly as is economically feasible measure prior to adjournment. transmitted until April, the Adminis- without substantially curtailing em- The portion of the Committee tration did not transmit its annual re- ployment the objective of the [federal] amendment that I am introducing port, which was due in April, until minimum wage rate’’ (29 U.S.C. 208(a)). today provides for full extension of the July. On May 30, 1997, the President The committees may make classifica- Immigration and Nationality Act con- wrote the Governor of the Northern tions within industries. Such commit- tingent on the Attorney General find- Marianas that he was concerned over tees were established for Puerto Rico ing that 1) the Northern Marianas does activities in the Commonwealth and and the Virgin Islands in 1940 and con- not possess the institutional capacity had concluded that federal immigra- tinued until Congress provided for step to administer an effective system of tion, naturalization, and minimum increases in 1977 for the remaining cov- immigration control or 2) the Northern wage laws should apply. ered industries. An industry committee Marianas does not have a genuine com- Given the reaction that followed the has been applicable in American mitment to enforce the system. Nei- President’s letter, I asked the Adminis- Samoa since 1956. In 1992, the Depart- ther I nor the Committee question the

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5304 CONGRESSIONAL RECORD — SENATE May 13, 1999 commitment of the current adminis- wage. We should now have sufficient Asian mainland in about five years. tration of the Northern Marianas to at- experience to assess whether the Mari- That, by the way, is well within the tempt to rectify the problems that led anas is capable of providing the pre- transition period contemplated under to this legislation, but we are mindful clearance for any persons who attempt the legislation submitted by the Ad- that commitments have been made in to enter the Marianas. The Immigra- ministration last year. The legislation the past and then ignored. We also rec- tion Commission concluded that they will actually have little or no effect on ognized that the Commisssion on Im- are not capable of undertaking such the industry that the Administration migration Reform and others have con- prescreening and clearance because is targeting. I should also note that the cluded that some of the problem is they do not have the resources of the Bank of Hawaii, in its economic study structural and that a local government federal government through the State also concluded that the garment indus- simply may not have the capability to Department. The United States rou- try in the Marianas was not likely to maintain an effective immigration pro- tinely does prescreening in foreign last. Other studies have also come to gram within our federal system. As a countries as part of our visa process. that conclusion. The Administration result, the Committee adopted a provi- The situation that I saw with the Ban- has made it clear that they hope the ef- sion that will take effect without fur- gladesh workers should never have hap- fect of this legislation will be the end ther Congressional action if the req- pened and would not have happened of the garment industry in the Mari- uisite findings are made. The Com- had federal immigration laws and pro- anas. Given both the studies and the mittee viewed this as a last oppor- cedures been in place and enforced. Re- Administration’s objective, I do have a tunity for the local government and ports of other workers who arrive only question about why the President’s provided that the Attorney General to find no jobs would also never hap- budget claims about $187 million per must promptly issue standards so that pen. A particularly troubling aspect of year in additional revenues from the the Marianas is on full notice of what the current situation in the Northern enactment of the amendments to Gen- will be required. Marianas is the level of unemployment eral Note 3(a). If there is no industry, If, however, it does become necessary among guest workers. There should be there will be no imports, and there will to extend federal law, the Committee no unemployment among the guest be no revenues. also adopted amendments to the bill as workers. If there are no jobs, then the The problem is that the Administra- introduced to ensure that those indus- workers should not be present. These tion does not seem to comprehend that tries, especially construction, that de- are legitimate immigration related the Marianas is the United States. It is pend on temporary workers for tem- issues. They do not necessarily lead to not a foreign country. The failure of porary jobs will have full access to a federal takeover, but they are legiti- the Administration to enforce federal alien labor as necessary. The Com- mate issues and it serves no purpose to laws has led to a climate conducive to mittee was mindful of the concern by distort history and pretend that the worker abuse and to some sense within the hotel industry over access to work- current situation was the goal of the the Marianas that federal laws will not ers, and accordingly adopted a provi- Covenant negotiators. That does not be applied. On the other side, a large sion that would permit the transition make the Marianas corrupt, but if ac- population of workers without full civil provisions to be extended for additional curate, it points out that this Com- rights also offers the opportunity for five year periods as long as necessary. mittee was correct when it stated that people to exploit the situation. I am The Committee amendment required we would need to make changes in the not happy with either side of this de- the Attorney General and the Sec- immigration laws prior to termination bate. The cries for federal takeover are retary of Labor to consult with the of the Trusteeship so that they could too strident and too partisan to ring Northern Marianas one year prior to be extended to the Marianas. true. The defense is simply unaccept- the expiration of the transition period, The report of the Immigration Com- able. In the middle are the workers and at 5-year intervals thereafter, to mission also raises legitimate ques- who apparently no one cares about, ex- determine whether the provisions will tions about the availability of asylum cept for their value in being put on discontinue to be needed. The Committee and the lack of civil rights since the play in the media. and I fully expect that any uncertainty Marianas is using temporary workers Complicating consideration of this be resolved in favor of the Northern for permanent jobs, thereby denying legislation, however, is the Adminis- Marianas. If the provisions are ex- workers the rights they would have if tration’s somewhat lackluster response tended, a similar consultation will admitted into the US with a right of to the flood of illegal entries into occur in the fourth year of the exten- residency. That needs to be addressed. Guam from China. These individuals sion to decide if further extensions are The Commission also expresses some are being smuggled into Guam by boat. warranted. grave concerns over outright extension Most of the aliens come from the China The Committee reluctantly adopted of the Immigration laws and questions mainland from Fujian Province, but these provisions because it believes the willingness or commitment of the some have sought entry from the that conditions in the Northern Mari- INS to devote the personnel or re- Northern Marianas. So far this year, anas leave no alternative. Extension of sources to effective administration. over 800 illegal aliens have been appre- additional federal laws, however, will While I fully expect the INS to support hended either in Guam or attempting not resolve the problems if federal the Administration position in our to reach Guam. agencies do not maintain their present hearings on this legislation, I also Earlier this year I met with the Gov- commitment to administration and en- share that concern. We do not need to ernor of Guam. He expressed his frus- forcement of federal law. A continu- make a bad local problem an equally tration with the Immigration and Nat- ation of local efforts by the present ad- bad federal one. uralization Service for diverting reve- ministration of the Northern Marianas I also think that the focus on the nues from Guam to the mainland. The will also be necessary. garment industry by the Administra- result was that Guam had to assume Although the legislation contains the tion and most of the critics of the situ- the costs of incarceration for these one-year grace period contained in the ation in the Northern Marianas is aliens. An article in the Pacific Daily Committee amendment from last Con- somewhat shortsighted. The advan- News on Sunday May 9 suggested that gress, the one year has expired. The tages that the Marianas can provide as many as 2,000 illegal aliens may al- record of the Northern Marianas, and garment manufacturers in terms of ready be in Guam. Only after the situa- the status of local legislation, will de- duty and quota free treatment expire tion became even worse and the na- termine whether and on what terms with the implementation of the multi- tional media began to draw attention federal laws should be extended. The fibre agreement. The suggestion in the to what was happening, did the White action earlier this year by the North- Administration’s task force report last House become involved. As a result of ern Marianas to lift the moratorium on year that these jobs will move to the that involvement, the Administration entry permits for new workers is par- mainland if the garment industry is has finally begun to pay some atten- ticularly troubling. curtailed in the Marianas is simply tion and is beginning to dedicate re- There are legitimate questions con- wrong. Those jobs in all likelihood are sources to the interdiction of these cerning immigration and minimum temporary until they move back to the aliens. The Administration plans to

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5305 send three more Coast Guard vessels the arguments that the Administration amend the Internal Revenue Code of and two C–130 aircraft to Guam and ap- made in support of the extension of fed- 1986 to phase out the estate and gift parently will reimburse the local gov- eral legislation. That contradiction taxes over a 10-year period. ernment for its expenditures on behalf will also need to be explored. It appears S. 39 of federal agencies. That response was from press reports that the Adminis- At the request of Mr. STEVENS, the too long in coming. Parenthetically, I tration plans to consider claims of asy- name of the Senator from California would note that INS did not care about lum, but given the peculiar situation of [Mrs. FEINSTEIN] was added as a co- extending immigration laws to the refugees from mainland China, it will sponsor of S. 39, a bill to provide a na- Northern Marianas until after the be interesting to see how those claims tional medal for public safety officers Readers Digest and other publications are processed. who act with extraordinary valor above began to question the Administration’s I am also aware of suggestions in the call of duty, and for other purposes. commitment to human rights and the Guam that we need to amend the im- S. 61 White House became concerned with its migration laws to prevent the claim of At the request of Mr. DEWINE, the image. asylum on Guam. Congressman Under- name of the Senator from South Da- A continuing concern for my Com- wood has introduced legislation to that kota [Mr. DASCHLE] was added as a co- mittee over the years has been the re- effect already. I think we need to be sponsor of S. 61, a bill to amend the luctance of Executive Branch agencies, very careful in considering legislation Tariff Act of 1930 to eliminate disincen- specifically the INS, to treat the Mari- to extend the immigration laws to the tives to fair trade conditions. anas as part of the United States. Up Northern Marianas that we do not cre- until last Congress, the INS resisted ate an even larger problem than the S. 219 any attempt to extend the immigration one we already have in Guam. Guam is At the request of Mr. MOYNIHAN, the laws to the Northern Mariana Islands. a single island, about 33 miles by 12 name of the Senator from Montana That resistance was not based on pol- miles. The Commonwealth of the [Mr. BAUCUS] was added as a cosponsor icy grounds or from a belief that the Northern Mariana Islands is an archi- of S. 219, a bill to authorize appropria- Northern Marianas was operating an pelago of fourteen islands three hun- tions for the United States Customs effective immigration system, but from dred miles long. If we can not ade- Service. the narrow administrative concern of quately patrol Guam, how are we going S. 313 not wanting to dedicate the personnel to patrol the entire Marianas? That At the request of Mr. SHELBY, the and resources. I must admit that I have also is a question that will need to be name of the Senator from Pennsyl- some apprehension over how solid the answered before we move this legisla- vania [Mr. SPECTER] was added as a co- recent conversion of the INS is. Last tion. sponsor of S. 313, a bill to repeal the Congress, they testified in support of Before the opponents of this legisla- Public Utility Holding Company Act of the Administration’s proposal to ex- tion start their celebration, I want to 1935, to enact the Public Utility Hold- tend the immigration laws. They prom- repeat that I find the conditions and ing Company Act of 1999, and for other ised the Committee that they would circumstances in the Northern Mari- purposes. dedicate the necessary resources to en- anas to be unacceptable. I have serious S. 395 sure successful implementation. Now concerns over this legislation, but At the request of Mr. ROCKEFELLER, we see that they are unwilling to dedi- something needs to be done. I am will- the name of the Senator from Virginia cate the resources in Guam, where fed- ing to consider modifications to the [Mr. ROBB] was added as a cosponsor of eral immigration laws already apply, legislation. Last year I included provi- S. 395, a bill to ensure that the volume until they are directed to do so by the sions to guarantee both construction of steel imports does not exceed the av- White House. The situation in the Mar- and tourism sectors access to sufficient erage monthly volume of such imports ianas may be sufficiently problematic workers, and I am willing to revisit during the 36-month period preceding that we will have to go forward with those provisions or consider other July 1997. the legislation despite my reservations. changes to support the economy of the S. 409 I intend to closely examine the INS Northern Marianas. At some point, At the request of Mr. KENNEDY, the when we schedule hearings on this leg- however, the Marianas needs to take a name of the Senator from Pennsyl- islation. hard look at the structure of their I also am concerned over the Admin- vania [Mr. SPECTER] was added as a co- economy. They can not continue in- sponsor of S. 409, a bill to authorize istration’s decision to use the Northern definitely with the public sector being Marianas as a holding area for illegal qualified organizations to provide tech- the only source of employment for US nical assistance and capacity building aliens who are intercepted at sea. On residents. They need to provide a fu- May 8, the Coast Guard intercepted a services to microenterprise develop- ture for their children. The federal gov- ment organizations and programs and Taiwanese vessel with 80 people sus- ernment needs to ensure that federal pected of trying to illegally enter to disadvantaged entrepreneurs using laws are enforced and that they are ap- funds from the Community Develop- Guam. The vessel was escorted to plied in a manner that recognizes the Tinian in the Northern Mariana Is- ment Financial Institutions Fund, and unique circumstances of this island for other purposes. lands. Apparently the Administration community. I support as much local S. 472 made that decision because the federal authority and control as is possible. immigration laws do not apply in the There are certain functions, however, At the request of Mr. GRASSLEY, the Marianas and that makes it easier to that only the federal government can name of the Senator from Vermont repatriate the aliens and prevent them effectively perform. There are also cer- [Mr. JEFFORDS] was added as a cospon- from claiming asylum. If we extend the tain rights that every individual who sor of S. 472, a bill to amend title XVIII immigration laws, as one portion of the works and resides in the United States of the Social Security Act to provide Administration wants, we will frus- should expect to be guaranteed. This certain medicare beneficiaries with an trate the interdiction and repatriation legislation will provide an opportunity exemption to the financial limitations program being pursued by another por- for the Committee to see that those re- imposed on physical, speech-language tion of the Administration. The Com- sponsibilities are performed and that pathology, and occupational therapy mittee will need to sort this out during those rights are protected.∑ services under part B of the medicare program, and for other purposes. our hearings. I also will look forward f to an explanation of why the use of S. 566 Tinian in the Northern Marianas ADDITIONAL COSPONSORS At the request of Mr. LUGAR, the avoids claims of asylum. The asylum S. 38 name of the Senator from South Da- requirements are matters of inter- At the request of Mr. CAMPBELL, the kota [Mr. JOHNSON] was added as a co- national obligation and federal policy. names of the Senator from Pennsyl- sponsor of S. 566, a bill to amend the In fact, the failure of the Northern vania [Mr. SANTORUM] and the Senator Agricultural Trade Act of 1978 to ex- Marianas to deal with asylum issues as from Kentucky [Mr. BUNNING] were empt agricultural commodities, live- a matter of local legislation was one of added as cosponsors of S. 38, a bill to stock, and value-added products from

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5306 CONGRESSIONAL RECORD — SENATE May 13, 1999 unilateral economic sanctions, to pre- motor fuel excise taxes on railroads deter violent gang crime, and for other pare for future bilateral and multilat- and inland waterway transportation purposes. eral trade negotiations affecting which remain in the general fund of the AMENDMENT NO. 335 United States agriculture, and for Treasury. At the request of Mr. HATCH, the other purposes. S. 847 name of the Senator from Arizona [Mr. S. 642 At the request of Ms. MIKULSKI, the MCCAIN] was added as a cosponsor of At the request of Mr. GRASSLEY, the name of the Senator from Louisiana amendment No. 335 proposed to S. 254, names of the Senator from Maine [Ms. [Ms. LANDRIEU] was added as a cospon- a bill to reduce violent juvenile crime, COLLINS] and the Senator from Ohio sor of S. 847, a bill to amend title XVIII promote accountability by rehabilita- [Mr. DEWINE] were added as cosponsors of the Social Security Act to exclude tion of juvenile criminals, punish and of S. 642, a bill to amend the Internal clinical social worker services from deter violent gang crime, and for other Revenue Code of 1986 to provide for coverage under the medicare skilled purposes. Farm and Ranch Risk Management Ac- nursing facility prospective payment f counts, and for other purposes. system. SENATE RESOLUTION 101—EX- S. 676 S. 881 PRESSING THE SENSE OF THE At the request of Mr. CAMPBELL, the At the request of Mr. BENNETT, the SENATE ON AGRICULTURAL name of the Senator from Minnesota name of the Senator from New Hamp- TRADE NEGOTIATIONS [Mr. GRAMS] was added as a cosponsor shire [Mr. GREGG] was added as a co- of S. 676, a bill to locate and secure the sponsor of S. 881, a bill to ensure con- Mr. FITZGERALD (for himself, Mr. return of Zachary Baumel, a citizen of fidentiality with respect to medical GRASSLEY, Mr. ROBERTS, and Mr. the United States, and other Israeli records and health care-related infor- ASHCROFT) submitted the following res- soldiers missing in action. mation, and for other purposes. olution; which was referred to the Committee on Finance: S. 687 S. 903 S. RES. 101 At the request of Mr. HARKIN, the At the request of Mr. KOHL, the name names of the Senator from Delaware of the Senator from Nevada [Mr. REID] Whereas the United States is the world’s largest exporter of agricultural commodities [Mr. BIDEN], the Senator from North was added as a cosponsor of S. 903, a and products; Dakota [Mr. CONRAD], the Senator from bill to facilitate the exchange by law Whereas 96 percent of the world’s con- North Dakota [Mr. DORGAN], the Sen- enforcement agencies of DNA identi- sumers live outside the United States; ator from Wisconsin [Mr. FEINGOLD], fication information relating to violent Whereas the profitability of the United the Senator from South Dakota [Mr. offenders, and for other purposes. States agricultural sector is dependent on a JOHNSON], and the Senator from Ne- S. 941 healthy export market; and Whereas the next round of multilateral vada [Mr. REID] were added as cospon- At the request of Mr. WYDEN, the sors of S. 687, a bill to direct the Sec- trade negotiations is scheduled to begin on name of the Senator from South Da- November 30, 1999: Now, therefore, be it retary of Defense to eliminate the kota [Mr. DASCHLE] was added as a co- Resolved, That the Senate supports and backlog in satisfying requests of sponsor of S. 941, a bill to amend the strongly encourages the President to adopt former members of the Armed Forces Public Health Service Act to provide the following trade negotiating objectives: for the issuance or replacement of mili- for a public response to the public (1) The initiation of a comprehensive round tary medals and decorations. health crisis of pain, and for other pur- of multilateral trade negotiations that— (A) covers all goods and services; S. 763 poses. (B) continues to reform agricultural and At the request of Mr. THURMOND, the S. 1007 food trade policy; name of the Senator from Arkansas At the request of Mr. JEFFORDS, the (C) promotes global food security through [Mr. HUTCHINSON] was added as a co- names of the Senator from Hawaii [Mr. open trade; and sponsor of S. 763, a bill to amend title AKAKA] and the Senator from Cali- (D) increases trade liberalization in agri- 10, United States Code, to increase the fornia [Mrs. FEINSTEIN] were added as culture and food. minimum Survivor Benefit Plan basic cosponsors of S. 1007, a bill to assist in (2) The simultaneous conclusion of the negotiations for all sectors. annuity for surviving spouses age 62 the conservation of great apes by sup- and older, and for other purposes. (3) The adoption of the framework estab- porting and providing financial re- lished under the Uruguay Round Agreements S. 765 sources for the conservation programs for the agricultural negotiations conducted At the request of Ms. COLLINS, the of countries within the range of great in 1999 to ensure that there are no product or name of the Senator from Connecticut apes and projects of persons with dem- policy exceptions. [Mr. LIEBERMAN] was added as a co- onstrated expertise in the conservation (4) The establishment of a 3-year goal for sponsor of S. 765, a bill to ensure the ef- of great apes. the conclusion of the negotiations by Decem- ber 2002. ficient allocation of telephone num- SENATE CONCURRENT RESOLUTION 9 (5) The elimination of all export subsidies bers. At the request of Ms. SNOWE, the and tightening of rules for circumvention of S. 783 name of the Senator from Virginia [Mr. export subsidies. At the request of Mrs. FEINSTEIN, the ROBB] was added as a cosponsor of Sen- (6) The elimination of all nontariff barriers name of the Senator from Nevada [Mr. ate Concurrent Resolution 9, a concur- to trade. BRYAN] was added as a cosponsor of S. rent resolution calling for a United (7) The transition of domestic agricultural 783, a bill to limit access to body armor States effort to end restrictions on the support programs to a form decoupled from agricultural production, as the United States by violent felons and to facilitate the freedoms and human rights of the has already done under the Agricultural donation of Federal surplus body armor enclaved people in the occupied area of Market Transition Act (7 U.S.C. 7201 et seq.). to State and local law enforcement Cyprus. (8) The commercially meaningful reduction agencies. SENATE RESOLUTION 59 or elimination of bound and applied tariffs, S. 791 At the request of Mr. LAUTENBERG, and the mutual elimination of restrictive At the request of Mr. KERRY, the the name of the Senator from Idaho tariff barriers, on an accelerated basis. (9) The improved administration of tariff name of the Senator from Maryland [Mr. CRAPO] was added as a cosponsor rate quotas. [Ms. MIKULSKI] was added as a cospon- of Senate Resolution 59, a resolution (10)(A) The elimination of state trading en- sor of S. 791, a bill to amend the Small designating both July 2, 1999, and July terprises; or Business Act with respect to the wom- 2, 2000, as ‘‘National Literacy Day.’’ (B) the adoption of policies that ensure en’s business center program. AMENDMENT NO. 328 operational transparency, the end of dis- S. 820 At the request of Mr. WELLSTONE, his criminatory pricing practices, and competition for state trading enterprises. At the request of Mr. CHAFEE, the name was added as a cosponsor of (11) The maintenance of sound science and name of the Senator from Indiana [Mr. amendment No. 328 proposed to S. 254, risk assessment for sanitary and LUGAR] was added as a cosponsor of S. a bill to reduce violent juvenile crime, phytosanitary measures. 820, a bill to amend the Internal Rev- promote accountability by rehabilita- (12) The assurance of market access for enue Code of 1986 to repeal the 4.3-cent tion of juvenile criminals, punish and biotechnology products, with the regulation

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5307 of the products based solely on sound tural tariff assessed by other World veniles and juveniles described in subpara- science. Trade Organization members exceeds 40 graph (A), except that this subparagraph (13) The accelerated resolution of trade dis- percent. This situation is clearly unfair does not include the imparting or inter- putes and prompt enforcement of dispute and certainly depresses U.S. agricul- change of sounds or noises that cannot rea- panels of the World Trade Organization. sonably be considered to be speech; and (14) The provision of food security for im- tural commodity prices. Accordingly, ‘‘(25) to the extent that segments of the porting nations by ensuring access to sup- this issue must be addressed in the juve-’’. plies through a commitment by World Trade next round. Organization member countries not to re- I look forward to working with my ASHCROFT AMENDMENT NO. 342 strict or prohibit the export of agricultural colleagues on policies to tear down Mr. ASHCROFT proposed an amend- products. international trade barriers and ensure ment to the bill S. 254, supra; as fol- (15) The resolution of labor and environ- that our agricultural trade surplus ex- mental issues in a manner that facilitates, lows: pands and remains strong. This resolu- rather than restricts, agricultural trade. To be inserted at the appropriate place: (16) The establishment of World Trade Or- tion is the first step toward ensuring that agriculture is a top priority of the TITLE l. RESTRICTING JUVENILE ganization rules that will allow developing ACCESS TO CERTAIN FIREARMS countries to graduate, using objective eco- Administration during the next round nomic criteria, to full participation in, and of multilateral trade negotiations. SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY obligations under, the World Trade Organiza- I want to recognize and commend my JUVENILES. (a) JUVENILE WEAPONS PENALTIES.—Sec- tion. colleagues, Senators GRASSLEY, ROB- ∑ tion 924(a) of title 18, United States Code, is Mr. FITZGERALD. Mr. President, I ERTS, and ASHCROFT, for joining me as amended— rise today along with my colleagues, original co-sponsors of this resolution. (1) in paragraph (4) by striking ‘‘Whoever’’ Senators GRASSLEY, ROBERTS, and This resolution should enjoy bipartisan at the beginning of the first sentence, and in- ASHCROFT, to submit a resolution ex- support, and I urge my colleagues to serting in lieu thereof, ‘‘Except as provided pressing the sense of the Senate re- join me in co-sponsoring this legisla- in paragraph (6) of this subsection, who- garding the next round of agricultural tion important to our nation’s farm- ever’’; and trade negotiations. As a member of the ∑ (2) in paragraph (6), by amending it to read ers. as follows— Senate Agriculture Committee, I am f ‘‘(6)(A) A juvenile who violates section very concerned about U.S. agri- 922(x) shall be fined under this title, impris- culture’s position in the next round of SENATE RESOLUTION 102—AP- oned not more than 1 year, or both, except— negotiations. This resolution estab- POINTING SENATE LEGAL COUN- ‘‘(i) a juvenile shall be sentenced to proba- lishes clear direction to the Adminis- SEL tion on appropriate conditions and shall not tration as it enters the Seattle nego- By Mr. LOTT submitted the fol- be incarcerated unless the juvenile fails to comply with a condition of probation, if— tiations this November. lowing resolution; which was consid- These process and procedural guide- ‘‘(I) the offense of which the juvenile is ered and agreed to: charged is possession of a handgun, ammuni- lines have been developed through a S. RES. 102 tion, larger capacity ammunition feeding de- consensus process of the Seattle Round Resolved, That the appointment of Patricia vice or a semiautomatic assault weapon in Agricultural Committee (SRAC). SRAC Mack Bryan, of Virginia, to be Senate Legal violation of section 922(x)(2); and represents over 70 agricultural organi- Counsel, made by the President pro tempore ‘‘(II) the juvenile has not been convicted in zations—from the Farm Bureau to the of the Senate on May 13, 1999, shall become any court of an offense (including an offense National Oilseed Processors Associa- effective as of June 1, 1999, and the term of under section 922(x) or a similar State law, tion of Kraft Foods. This diverse group service of the appointee shall expire at the but not including any other offense con- of agriculturalists have spent many end of the 107th Congress. sisting of conduct that if engaged in by an adult would not constitute an offense) or ad- hours developing these principles to en- f judicated as a juvenile delinquent for con- sure that our international agriculture AMENDMENTS SUBMITTED duct that if engaged in by an adult would markets remain strong, open and fair constitute an offense; or for our nation’s farmers. ‘‘(ii) a juvenile shall be fined under this The U.S. agricultural sector is one of title, imprisoned not more than 20 years, or VIOLENT AND REPEAT JUVENILE the only segments of our economy that both, if— OFFENDER ACCOUNTABILITY consistently produces a trade surplus. ‘‘(I) the offense of which the juvenile is AND REHABILITATION ACT OF In fact, our agricultural surplus to- charged is possession of a handgun, ammuni- 1999 tion, large capacity ammunition feeding de- taled $27.2 billion in 1996. However, we vice or a semiautomatic assault weapon in must not rest on our laurels; the violation of section 922(x)(2); and United States Department of Agri- LANDRIEU AMENDMENT NO. 341 ‘‘(II) during the same course of conduct in culture projects that our agricultural violating section 922(x)(2), the juvenile vio- trade surplus in 1999 will dwindle to ap- (Ordered to lie on the table.) lated section 922(q), with the intent to carry proximately $12 billion. We must not Ms. LANDRIEU submitted an amend- or otherwise possess or discharge or other- let this trend continue. ment intended to be proposed by her to wise use the handgun, ammunition, large ca- Free and open international markets the bill (S. 254) to reduce violent juve- pacity ammunition feeding device or a semi- are vital to my home state. Illinois’ nile crime, promote accountability by automatic assault weapon in the commission of a violent felony. 76,000 farms cover more than 28 million rehabilitation of juvenile criminals, punish and deter violent gang crime, ‘‘(B) A person other than a juvenile who acres—nearly 80 percent of Illinois. Our knowingly violates section 922(x)— farm product sales generate nine bil- and for other purposes; as follows: ‘‘(i) shall be fined under this title, impris- lion dollars annually and Illinois ranks On page 129, strike lines 5 and 6, and insert oned not more than 1 year, or both; and third in agricultural exports. In fiscal the following: ‘‘ernment or combination ‘‘(ii) if the person sold, delivered, or other- year 1997 alone, Illinois agricultural ex- thereof; wise transferred a handgun, ammunition, ports totaled $3.7 billion and created ‘‘(24) provide that juveniles alleged to be or large capacity ammunition feeding device or found to be delinquent of an act that, if com- a semiautomatic assault weapon to a juve- 57,000 jobs for our state. Needless to mitted by an adult, would be a misdemeanor nile knowing or having reasonable cause to say, agriculture makes up a significant offense, and juveniles charged with or con- know that the juvenile intended to carry or portion of my state’s economy, and a victed of such an offense, will not be detailed otherwise possess or discharge or otherwise healthy export market for these prod- or confined in any institution in which they use the handgun, ammunition, large capac- ucts is important to my constituents. have— ity ammunition feeding device or semiauto- As you know, farm commodity prices ‘‘(A) any physical contact (or proximity matic assault weapon in the commission of a have recently been in a slump. This sit- that provides an opportunity for physical violent felony, shall be fined under this title, uation makes open debate on agricul- contact) with juveniles who are alleged to be imprisoned not more than 20 years, or both. tural trade and the Seattle round even or found to be delinquent of an act that, if ‘‘(C) For purposes of this paragraph a ‘vio- committed by an adult, would constitute a lent felony’ means conduct as described in more timely and necessary. While the felony offense, or who are charged with or section 924(e)(2)(B) of this title. average tariff assessed by the United convicted of such an offense; or ‘‘(D) Except as otherwise provided in this States on agricultural products is less ‘‘(B) the opportunity for the imparting or chapter, in any case in which a juvenile is than five percent, the average agricul- interchange of speech by or between such ju- prosecuted in a district court of the United

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5308 CONGRESSIONAL RECORD — SENATE May 13, 1999 States, and the juvenile is subject to the clause (i), a juvenile may possess and use a SEC. 502. BAN ON IMPORTING LARGE CAPACITY penalties under clause (ii) of paragraph (A), handgun, ammunition, large capacity ammu- AMMUNITION FEEDING DEVICES. the juvenile shall be subject to the same nition feeding device or a semiautomatic as- Section 922(w) of title 18, United States laws, rules, and proceedings regarding sen- sault rifle with the prior written approval of Code, is amended— tencing (including the availability of proba- the juvenile’s parent or legal guardian, if (1) in paragraph (1), by striking ‘‘(1) Except tion, restitution, fines, forfeiture, imprison- such approval is on file with the adult who is as provided in paragraph (2)’’ and inserting ment, and supervised release) that would be not prohibited by Federal, State or local law ‘‘(1)(A) Except as provided in subparagraph applicable in the case of an adult. No juve- from possessing a firearm or ammunition (B)’’; nile sentenced to a term of imprisonment and that person is directing the ranching or (2) in paragraph (2), by striking ‘‘(2) Para- shall be released from custody simply be- farming activities of the juvenile. graph (1)’’ and inserting ‘‘(B) Subparagraph cause the juvenile reaches the age of 18 ‘‘(B) a juvenile who is a member of the (A)’’; years.’’. Armed Forces of the United States or the (3) by inserting before paragraph (3) the (b) UNLAWFUL WEAPONS TRANSFERS TO JU- National Guard who possesses or is armed following new paragraph (2): VENILES.—Section 922(x) of title 18, United with a handgun, ammunition, large capacity States Code, is amended to read as follows: ammunition feeding device or semiauto- ‘‘(2) It shall be unlawful for any person to ‘‘(x)(1) It shall be unlawful for a person to matic assault weapon in the line of duty; import a large capacity ammunition feeding sell, deliver, or otherwise transfer to a per- ‘‘(C) a transfer by inheritance of title (but device.’’; and son who the transferor knows or has reason- not possession) of a handgun, ammunition, (4) in paragraph (4)— able cause to believe is a juvenile— large capacity ammunition feeding device or (A) by striking ‘‘(1)’’ each place it appears ‘‘(A) a handgun; a semiautomatic assault weapon to a juve- and inserting ‘‘(1)(A)’’; and ‘‘(B) ammunition that is suitable for use nile; or (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. only in a handgun; ‘‘(D) the possession of a handgun, ammuni- SEC. 503. PROHIBITION ON TRANSFER TO AND ‘‘(C) a semiautomatic assault weapon; or tion, large capacity ammunition feeding de- POSSESSION BY JUVENILES OF ‘‘(D) a large capacity ammunition feeding vice or a semiautomatic assault weapon SEMIAUTOMATIC ASSAULT WEAP- device. taken in lawful defense of the juvenile or ONS AND LARGE CAPACITY AMMUNI- ‘‘(2) It shall be unlawful for any person who other persons in the residence of the juvenile TION FEEDING DEVICES. is a juvenile to knowingly possess— or a residence in which the juvenile is an in- Section 922(x) of title 18, United States ‘‘(A) a handgun; vited guest. Code, is amended— ‘‘(B) ammunition that is suitable for use ‘‘(4) A handgun, ammunition, large capac- (1) in paragraph (1)— only in a handgun; ity ammunition feeding device or a semi- (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(C) a semiautomatic assault weapon; or automatic assault weapon, the possession of at the end; ‘‘(D) a large capacity ammunition feeding which is transferred to a juvenile in cir- (B) in subparagraph (B), by striking the pe- device. cumstances in which the transferor is not in riod at the end and inserting a semicolon; ‘‘(3) This subsection does not apply to— violation of this subsection, shall not be sub- ‘‘(A) a temporary transfer of a handgun, and ject to permanent confiscation by the Gov- ammunition, large capacity ammunition (C) by adding at the end the following: ernment if its possession by the juvenile sub- feeding device or a semiautomatic assault ‘‘(C) a semiautomatic assault weapon; or sequently becomes unlawful because of the weapon to a juvenile or to the possession or ‘‘(D) a large capacity ammunition feeding conduct of the juvenile, but shall be returned use of a handgun, ammunition, large capac- device.’’; to the lawful owner when such handgun, am- ity ammunition feeding device or a semi- (2) in paragraph (2)— munition, large capacity ammunition feed- automatic assault weapon by a juvenile— (A) in subparagraph (A), by striking ‘‘or’’ ing device or semiautomatic assault weapon (i) if the handgun, ammunition, large ca- at the end; is no longer required by the Government for pacity ammunition feeding device or semi- (B) in subparagraph (B), by striking the pe- the purposes of investigation or prosecution. automatic assault weapon are possessed and riod at the end and inserting a semicolon; ‘‘(5) For purposes of this subsection, the used by the juvenile— and term ‘‘juvenile’’ means a person who is less ‘‘(I) in the course of employment, (C) by adding at the end the following: ‘‘(II) in the course of ranching or farming than 18 years of age. ‘‘(C) a semiautomatic assault weapon; or related to activities at the residence of the ‘‘(6)(A) In a prosecution of a violation of ‘‘(D) a large capacity ammunition feeding juvenile (or on property used for ranching or this subsection, the court shall require the device.’’; and farming at which the juvenile, with the per- presence of a juvenile defendant’s parent or (3) in paragraph (3)— mission of the property owner or lessee, is legal guardian at all proceedings. (A) in subparagraph (B), by inserting ‘‘, performing activities related to the oper- ‘‘(B) The court may use the contempt semiautomatic assault weapon, or large ca- ation of the farm or ranch), power to enforce subparagraph (A). pacity ammunition feeding device’’ after ‘‘(III) for target practice. ‘‘(C) The court may excuse attendance of a ‘‘handgun’’; and ‘‘(IV) for hunting, or parent or legal guardian of a juvenile defend- (B) in subparagraph (D), by striking ‘‘or ‘‘(V) for a course of instruction in the safe ant at a proceeding in a prosecution of a vio- ammunition’’ and inserting ‘‘, ammunition, and lawful use of a firearm. lation of this subsection for good cause semiautomatic assault weapon, or large ca- ‘‘(ii) Clause (i) shall apply only if the juve- shown.’’ pacity ammunition feeding device’’. nile’s possession and use of a handgun, am- (7) For purposes of this subsection only, the term ‘‘large capacity ammunition feed- SEC. 504. ENHANCED CRIMINAL PENALTIES FOR munition, large capacity ammunition feed- TRANSFERS OF HANDGUNS, AMMU- ing device or a semiautomatic assault weap- ing device’’ has the same meaning as in sec- NITION, SEMIAUTOMATIC ASSAULT on under this subparagraph are in accord- tion 921(a)(31) of title l and includes similar WEAPONS, AND LARGE CAPACITY ance with State and local law, and the fol- devices manufactured before the effective AMMUNITION FEEDING DEVICES TO lowing conditions are met— date of the Violent Crime Control and Law JUVENILES. ‘‘(I) except when a parent or guardian of Enforcement Act of 1994. Section 924(a)(6)(B) of title 18, United the juvenile is in the immediate and super- SEC. 2. EFFECTIVE DATE. States Code, is amended— visory presence of the juvenile, the juvenile This Act and the amendments made by (1) in clause (i), by striking ‘‘1 year’’ and shall have in the juvenile’s possession at all this Act shall take effect 180 days after the inserting ‘‘5 years’’; and times when a handgun, ammunition, large date of enactment of this Act. (2) in clause (ii)— capacity ammunition feeding device or semi- (A) by inserting ‘‘, semiautomatic assault automatic assault weapon is in the posses- weapon, large capacity ammunition feeding sion of the juvenile, the prior written con- FEINSTEIN (AND OTHERS) device, or’’ after ‘‘handgun’’ both places it sent of the juvenile’s parent or guardian who AMENDMENT NO. 343 appears; and is not prohibited by Federal, State, or local Mrs. FEINSTEIN (for herself, Mr. (B) by striking ‘‘10 years’’ and inserting ‘‘20 law from possessing a firearm or ammuni- CHAFEE, Mr. KENNEDY, Mr. SCHUMER, years’’. tion; and ‘‘(II) during transportation by the juvenile Mr. TORRICELLI, Mr. LEVIN, Mr. DURBIN, SEC. 505. DEFINITION OF LARGE CAPACITY AM- directly from the place of transfer to a place Ms. LANDRIEU, Mrs. MURRAY, Mr. MUNITION FEEDING DEVICE. at which a activity described in clause (i) is INOUYE, and Mr. REED) proposed an Section 921(a)(31) of title 18, United States to take place the firearm shall be unloaded amendment to the bill, S. 254, supra; as Code, is amended by striking ‘‘manufactured and in a locked container or case, and during follows: after the date of enactment of the Violent the transportation by the juvenile of that On page 276, below the matter following Crime Control and Law Enforcement Act of firearm, directly from the place at which line 3, add the following: 1994’’. such an activity took place to the transferor, the firearm shall also be unloaded and in a TITLE V—ASSAULT WEAPONS SEC. 506. EFFECTIVE DATE. locked container or case; or SEC. 501. SHORT TITLE. This Act and the amendments made by ‘‘(III) with respect to employment, ranch- This Act may be cited as the ‘‘Juvenile As- this Act shall take effect 180 days after the ing or farming activities as described in sault Weapon Loophole Closure Act of 1999’’. date of enactment of this Act.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5309 HATCH (AND OTHERS) utes that, if used aggressively to prosecute (d) COVERED JURISDICTIONS.—The jurisdic- AMENDMENT NO. 344 wrongdoers, would significantly reduce both tions specified in this subsection are the fol- the threat of, and the incidence of, criminal lowing 25 jurisdictions: Mr. HATCH (for himself, Mr. CRAIG, gun violence. (1) The 10 jurisdictions with a population Mr. MCCAIN, Mr. SMITH of Oregon Ms. (10) As an example, the Department of Jus- equal to or greater than 100,000 persons that COLLINS, Mr. ABRAHAM, and Ms. SNOWE) tice has the statutory authority in section had the highest total number of violent proposed an amendment to the bill, S. 922(q) of title 18, United States Code, to pros- crimes according to the FBI uniform crime 254, supra; as follows: ecute individuals who bring guns to school report for 1998. (2) The 15 jurisdictions with such a popu- At the appropriate place insert: zones. Although the Administration stated that over 6,000 students were expelled last lation, other than the jurisdictions covered TITLE —EFFECTIVE GUN LAW year for bringing guns to school, the Justice by paragraph (1), with the highest per capita ENFORCEMENT Department reports prosecuting only 8 cases rate of violent crime according to the FBI Subtitle A—Criminal Use of Firearms by under section 922(q) in 1998. uniform crime report for 1998. Felons (11) The Department of Justice is also em- SEC. 404. ANNUAL REPORTS. SEC. 401. SHORT TITLE. powered under section 922(x) of title 18, Not later than 1 year after the date of en- This subtitle may be referred to as the United States Code, to prosecute adults who actment of this Act, and annually thereafter, ‘‘Criminal Use of Firearms by Felons (CUFF) transfer handguns to juveniles. In 1998, the the Attorney General shall submit to the Act’’. Department of Justice reports having pros- Committees on the Judiciary of Senate and House of Representatives a report containing SEC. 402. FINDINGS. ecuted only 6 individuals under this provi- the following information: Congress finds the following: sion. (1) The number of Assistant United States (1) Tragedies such as those occurring re- (12) The Department of Justice’s utiliza- Attorneys hired under the program under cently in the communities of Pearl, Mis- tion of existing prosecutorial power is 1 of this subtitle during the year preceding the sissippi, Paducah, Kentucky, Jonesboro, Ar- the most significant steps that can be taken year in which the report is submitted in kansas, Springfield, Oregon, and Littleton, to reduce the number of criminal acts involving guns, and represents a better re- order to prosecute violations of Federal fire- Colorado are terrible reminders of the vul- arms laws in Federal court. nerability of innocent individuals to random sponse to the problem of criminal violence than the enactment of new, symbolic laws, (2) The number of individuals indicted for and senseless acts of criminal violence. such violations during that year by reason of (2) The United States Congress has re- which, if current Departmental trends hold, would likely be underutilized . the program. sponded to the problem of gun violence by (3) The increase or decrease in the number passing numerous criminal statutes and by SEC. 403. CRIMINAL USE OF FIREARMS BY FEL- of individuals indicted for such violations supporting the development of law enforce- ONS PROGRAM. during that year by reason of the program ment programs designed both to punish the (a) IN GENERAL.—Not later than 90 days when compared with the year preceding that criminal misuse of weapons and also to deter after the date of enactment of this Act, the year. individuals from undertaking illegal acts. Attorney General and the Secretary of the (4) The number of individuals held without (3) In 1988, the Administration initiated an Treasury shall establish in the jurisdictions bond in anticipation of prosecution by rea- innovative program known as Project Achil- specified in subsection (d) a program that son of the program. les. The concept behind the initiative was meets the requirements of subsections (b) (5) To the extent information is available, that the illegal possession of firearms was and (c). The program shall be known as the the average length of prison sentence of the the Achilles heel or the area of greatest vul- ‘‘Criminal Use of Firearms by Felons (CUFF) individuals convicted of violations of Federal nerability of criminals. By aggressively pros- Program’’. firearms laws by reason of the program. ecuting criminals with guns in Federal SEC. 405. AUTHORIZATION OF APPROPRIATIONS. court, the offenders were subject to stiffer (b) PROGRAM ELEMENTS.—Each program established under subsection (a) shall, for the (a) AUTHORIZATION OF APPROPRIATIONS.— penalties and expedited prosecutions. The There are authorized to be appropriated to Achilles program was particularly effective jurisdiction concerned— (1) provide for coordination with State and carry out the program under 403 $50,000,000 in removing the most violent criminals from for fiscal year 2000, of which— our communities. local law enforcement officials in the identification of violations of Federal firearms (1) $40,000,000 shall be used for salaries and (4) In 1991, the Administration expanded its expenses of Assistant United States Attor- efforts to remove criminals with guns from laws; (2) provide for the establishment of agree- neys and Bureau of Alcohol, Tobacco, and our streets with Project Triggerlock. Firearms agents; and Triggerlock continued the ideas formulated ments with State and local law enforcement officials for the referral to the Bureau of Al- (2) $10,000,000 shall be available for the pub- in the Achilles program and committed the lic relations campaign required by 403(c) of Department of Justice resources to the pros- cohol, Tobacco, and Firearms and the United States Attorney for prosecution of persons that section. ecution effort. Under the program, every (b) USE OF FUNDS.— arrested for violations of section 922(a)(6), United States Attorney was directed to form (1) The Assistant United States Attorneys 922(g)(1), 922(g)(2), 922(g)(3), 922(j), 922(q), special teams of Federal, State, and local in- hired using amounts appropriated pursuant 922(k), or 924(c) of title 18, United States vestigators to look for gang and drug cases to the authorization of appropriations in Code, or section 5861(d) or 5861(h) of the In- that could be prosecuted as Federal weapon subsection (a) shall prosecute violations of ternal Revenue Code of 1986, relating to fire- violations. Congress appropriated additional Federal firearms laws in accordance with arms; funds to allow a large number of new law en- section 403(b)(3). (3) require that the United States Attorney forcement officers and Federal prosecutors (2) The Bureau of Alcohol, Tobacco, and designate not less than 1 Assistant United to target these gun and drug offenders. In Firearms agents hired using amounts appro- States Attorney to prosecute violations of 1992, approximately 7048 defendants were priated pursuant to the authorization of ap- Federal firearms laws; prosecuted under this initiative. propriations in subsection (a) shall, to the (4) provide for the hiring of agents for the (5) Since 1993, the number of ‘‘Project maximum extent practicable, concentrate Bureau of Alcohol, Tobacco, and Firearms to Triggerlock’’ type gun prosecutions pursued their investigations on violations of Federal investigate violations of the provisions re- by the Department of Justice has fallen to firearms laws in accordance with section ferred to in paragraph (2) and section approximately 3807 prosecutions in 1998. This 403(b)(4). 922(a)(5) of title 18, United States Code, relat- is a decline of over 40 percent in Federal (3) It is the sense of Congress that amounts ing to firearms; and prosecutions of criminals with guns. made available under this section for the (5) ensure that each person referred to the (6) The threat of criminal prosecution in public education campaign required by sec- United States Attorney under paragraph (2) the Federal criminal justice system works to tion 403(c) should, to the maximum extent be charged with a violation of the most seri- deter criminal behavior because the Federal practicable, be matched with State or local ous Federal firearm offense consistent with system is known for speedier trials and funds or private donations. the act committed. longer prison sentences. (c) AUTHORIZATION OF ADDITIONAL APPRO- (7) The deterrent effect of Federal gun (c) PUBLIC EDUCATION CAMPAIGN.—As part PRIATIONS.—In addition to amounts made prosecutions has been demonstrated recently of the program for a jurisdiction, the United available under subsection (a), there is au- by successful programs, such as ‘‘Project States Attorney shall carry out, in coopera- thorized to be appropriated to the Adminis- Exile’’ in Richmond, Virginia, which resulted tion with local civic, community, law en- trative Office of the United States Courts in a 22 percent decrease in violent crime forcement, and religious organizations, an such sums as may be necessary to carry out since 1994. extensive media and public outreach cam- this subtitle. (8) The Department of Justice’s failure to paign focused in high-crime areas to— Subtitle B—Apprehension and Treatment of prosecute the criminal use of guns under ex- (1) educate the public about the severity of Armed Violent Criminals isting Federal law undermines the signifi- penalties for violations of Federal firearms SEC. 411. APPREHENSION AND PROCEDURAL cant deterrent effect that these laws are laws; and TREATMENT OF ARMED VIOLENT meant to produce. (2) encourage law-abiding citizens to report CRIMINALS. (9) The Department of Justice already pos- the possession of illegal firearms to authori- (a) PRETRIAL DETENTION FOR POSSESSION sesses a vast array of Federal criminal stat- ties. OF FIREARMS OR EXPLOSIVES BY CONVICTED

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5310 CONGRESSIONAL RECORD — SENATE May 13, 1999

FELONS.—Section 3156(a)(4) of title 18, United Representatives a report of information (2) by redesignating subparagraphs (A) and States Code, is amended— gathered under this section during the fiscal (B) as clauses (i) and (ii), respectively; (1) by striking ‘‘or’’ at the end of subpara- year that ended on September 30 of the pre- (3) by inserting after subparagraph (A) the graph (B); ceding year. following: (2) by striking ‘‘and’’ at the end of subpara- (b) SUBJECT OF ANNUAL REPORT.—Not later ‘‘(B) For purposes of subsections (d) and (g) graph (C) and inserting ‘‘or’’; and than 90 days after the date of enactment of of section 922, the term ‘act of violent juve- (3) by adding at the end the following: this Act, the Attorney General shall require nile delinquency’ means an adjudication of ‘‘(D) an offense that is a violation of sec- each component of the Department of Jus- delinquency in Federal or State court, based tion 842(i) or 922(g) (relating to possession of tice, including each United States Attor- on a finding of the commission of an act by explosives or firearms by convicted felons); ney’s Office, to furnish for the purposes of a person prior to his or her eighteenth birth- and’’. the report described in subsection (a), infor- day that, if committed by an adult, would be (b) FIREARMS POSSESSION BY VIOLENT FEL- mation relating to any case presented to the a serious or violent felony, as defined in sec- ONS AND SERIOUS DRUG OFFENDERS.—Section Department of Justice for review or prosecution 3559(c)(2)(F)(i) had Federal jurisdiction 924(a)(2) of title 18, United States Code, is tion, in which the objective facts of the case existed and been exercised (except that sec- amended— provide probable cause to believe that there tion 3559(c)(3)(A) shall not apply to this sub- (1) by striking ‘‘Whoever’’ and inserting has been a violation of section 922 of title 18, paragraph).’’; and ‘‘(A) Except as provided in subparagraph (B), United States Code. (4) in the undesignated paragraph following any person who’’; and (c) ELEMENTS OF ANNUAL REPORT.—With subparagraph (B) (as added by paragraph (3) (2) by adding at the end the following: respect to each case described in subsection of this subsection), by striking ‘‘What con- ‘‘(B) Notwithstanding any other provision (b), the report submitted under subsection stitutes’’ and all that follows through ‘‘this of law, the court shall not grant a proba- (a) shall include information indicating— chapter,’’ and inserting the following: tionary sentence to a person who has more (1) whether in any such case, a decision has ‘‘(C) What constitutes a conviction of such than 1 previous conviction for a violent fel- been made not to charge an individual with a crime or an adjudication of an act of vio- ony or a serious drug offense, committed a violation of section 922 of title 18, United lent juvenile delinquency shall be deter- under different circumstances.’’. States Code, or any other violation of Fed- mined in accordance with the law of the jurisdiction in which the proceedings were Subtitle C—Youth Crime Gun Interdiction eral criminal law; (2) in any case described in paragraph (1), held. Any State conviction or adjudication of SEC. 421. YOUTH CRIME GUN INTERDICTION INI- an act of violent juvenile delinquency that TIATIVE. the reason for such failure to seek or obtain a charge under section 922 of title 18, United has been expunged or set aside, or for which (a) IN GENERAL.— a person has been pardoned or has had civil (1) EXPANSION OF NUMBER OF CITIES.—The States Code; (3) whether in any case described in sub- rights restored, by the jurisdiction in which Secretary of the Treasury shall endeavor to the conviction or adjudication of an act of section (b), an indictment, information, or expand the number of cities and counties di- violent juvenile delinquency occurred shall other charge has been brought against any rectly participating in the Youth Crime Gun not be considered to be a conviction or adju- person, or the matter is pending; Interdiction Initiative (in this section re- dication of an act of violent juvenile delin- (4) whether, in the case of an indictment, ferred to as the ‘‘YCGII’’) to 75 cities or quency for purposes of this chapter,’’. information, or other charge described in counties by October 1, 2000, to 150 cities or (b) PROHIBITION.—Section 922 of title 18, counties by October 1, 2002, and to 250 cities paragraph (3), the charging document con- United States Code, is amended— or counties by October 1, 2003. tains a count or counts alleging a violation (1) in subsection (d)— (2) SELECTION.—Cities and counties se- of section 922 of title 18, United States Code; (A) in paragraph (8), by striking ‘‘or’’ at lected for participation in the YCGII shall be (5) in any case described in paragraph (4) in the end; selected by the Secretary of the Treasury which the charging document contains a (B) in paragraph (9), by striking the period and in consultation with Federal, State and count or counts alleging a violation of sec- at the end and inserting ‘‘; or’’; and local law enforcement officials. tion 922 of title 18, United States Code, (C) by inserting after paragraph (9) the fol- (b) IDENTIFICATION OF INDIVIDUALS.— whether a plea agreement of any kind has lowing: (1) IN GENERAL.—The Secretary of the been entered into with such charged indi- ‘‘(10) has committed an act of violent juve- Treasury shall, utilizing the information vidual; nile delinquency.’’; and provided by the YCGII, facilitate the identi- (6) whether any plea agreement described (2) in subsection (g)— fication and prosecution of individuals ille- in paragraph (5) required that the individual (A) in paragraph (8), by striking ‘‘or’’ at gally trafficking firearms to prohibited indi- plead guilty, to enter a plea of nolo the end; viduals. contendere, or otherwise caused a court to (B) in paragraph (9), by striking the (2) SHARING OF INFORMATION.—The Sec- enter a conviction against that individual comma at the end and inserting ‘‘; or’’; and retary of the Treasury shall share informa- for a violation of section 922 of title 18, (C) by inserting after paragraph (9) the fol- tion derived from the YCGII with State and United States Code; lowing: local law enforcement agencies through on- (7) in any case described in paragraph (6) in ‘‘(10) who has committed an act of violent line computer access, as soon as such capa- which the plea agreement did not require juvenile delinquency,’’. bility is available. that the individual plead guilty, enter a plea (c) EFFECTIVE DATE OF ADJUDICATION PRO- (c) GRANT AWARDS.— of nolo contendere, or otherwise cause a VISIONS.—The amendments made by this sec- (1) IN GENERAL.—The Secretary of the court to enter a conviction against that indi- tion shall only apply to an adjudication of an Treasury shall award grants (in the form of vidual for a violation of section 922 of title act of violent juvenile delinquency that oc- funds or equipment) to States, cities, and 18, United States Code, identification of the curs after the date that is 30 days after the counties for purposes of assisting such enti- charges to which that individual did plead date on which the Attorney General certifies ties in the tracing of firearms and participa- guilty, and the reason for the failure to seek to Congress and separately notifies Federal tion in the YCGII. or obtain a conviction under that section; firearms licensees, through publication in (2) USE OF GRANT FUNDS.—Grants made (8) in the case of an indictment, informa- the Federal Register by the Secretary of the under this part shall be used to— tion, or other charge described in paragraph Treasury, that the records of such adjudica- (A) hire or assign additional personnel for (3), in which the charging document contains tions are routinely available in the national the gathering, submission and analysis of a count or counts alleging a violation of sec- instant criminal background check system tracing data submitted to the Bureau of Al- tion 922 of title 18, United States Code, the established under section 103(b) of the Brady cohol, Tobacco and Firearms under the result of any trial of such charges (guilty, Handgun Violence Prevention Act. YCGII; not guilty, mistrial); and Subtitle F—Juvenile Access to Certain (B) hire additional law enforcement per- (9) in the case of an indictment, informa- Firearms sonnel for the purpose of identifying and ar- tion, or other charge described in paragraph SEC. 451. PENALTIES FOR FIREARM VIOLATIONS resting individuals illegally trafficking fire- (3), in which the charging document did not INVOLVING JUVENILES. arms; and contain a count or counts alleging a viola- (a) PENALTIES FOR FIREARM VIOLATIONS BY (C) purchase additional equipment, includ- tion of section 922 of title 18, United States JUVENILES.—Section 924(a) of title 18, United ing automatic data processing equipment Code, the nature of the other charges States Code, is amended— and computer software and hardware, for the brought and the result of any trial of such (1) in paragraph (4), by striking ‘‘Whoever’’ timely submission and analysis of tracing other charges as have been brought (guilty, and inserting ‘‘Except as provided in para- data. not guilty, mistrial). graph (6), whoever’’; and Subtitle D—Gun Prosecution Data Subtitle E—Firearms Possession by Violent (2) by striking paragraph (6) and inserting SEC. 431. COLLECTION OF GUN PROSECUTION Juvenile Offenders the following: DATA. SEC. 441. PROHIBITION ON FIREARMS POSSES- ‘‘(6) TRANSFER TO OR POSSESSION BY A JUVE- (a) REPORT TO CONGRESS.—On February 1, SION BY VIOLENT JUVENILE OF- NILE.— 2000, and on February 1 of each year there- FENDERS. ‘‘(A) DEFINITIONS OF VIOLENT FELONY.—In after, the Attorney General shall submit to (a) DEFINITION.—Section 921(a)(20) of title this paragraph— the Committees on the Judiciary and on Ap- 18, United States Code, is amended— ‘‘(i) the term ‘juvenile’ has the meaning propriations of the Senate and the House of (1) by inserting ‘‘(A)’’ after ‘‘(20)’’; given the term in section 922(x); and

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5311 ‘‘(ii) the term ‘violent felony’ has the ‘‘(B) ammunition that is suitable for use ‘‘(cc) the adult is directing the ranching or meaning given the term in subsection only in a handgun; or farming activities of the juvenile. (e)(2)(B). ‘‘(C) a semiautomatic assault weapon. ‘‘(5) INNOCENT TRANSFERORS.—A handgun, ‘‘(B) POSSESSION BY A JUVENILE.— ‘‘(3) POSSESSION BY A JUVENILE.—It shall be ammunition, or semiautomatic assault ‘‘(i) IN GENERAL.—Subject to clauses (ii) unlawful for any person who is a juvenile to weapon, the possession of which is trans- and (iii), a juvenile who violates section knowingly possess— ferred to a juvenile in circumstances in 922(x) shall be fined under this title, impris- ‘‘(A) a handgun; which the transferor is not in violation oned not more than 5 years, or both. ‘‘(B) ammunition that is suitable for use under this subsection, shall not be subject to ‘‘(ii) PROBATION.—Unless clause (iii) applies only in a handgun; or permanent confiscation by the Government and unless a juvenile fails to comply with a ‘‘(C) a semiautomatic assault weapon. if its possession by the juvenile subsequently condition of probation, the juvenile may be ‘‘(4) APPLICABILITY.— becomes unlawful because of the conduct of sentenced to probation on appropriate condi- ‘‘(A) IN GENERAL.—This subsection does not the juvenile, but shall be returned to the tions if— apply to— lawful owner when the handgun, ammuni- ‘‘(I) the offense with which the juvenile is ‘‘(i) if the conditions stated in subpara- tion, or semiautomatic assault weapon is no charged is possession of a handgun, ammuni- graph (B) are met, a temporary transfer of a longer required by the Government for the tion, or semiautomatic assault weapon in handgun, ammunition, or semiautomatic as- purposes of investigation or prosecution. violation of section 922(x)(2); and sault weapon to a juvenile or to the posses- ‘‘(6) ATTENDANCE BY PARENT OR LEGAL ‘‘(II) the juvenile has not been convicted in sion or use of a handgun, ammunition, or GUARDIAN AS CRIMINAL PROCEEDINGS.—In a any court of an offense (including an offense semiautomatic assault weapon by a juvenile prosecution of a violation of this subsection, under section 922(x) or a similar State law, if the handgun, ammunition, or semiauto- the court— but not including any other offense con- matic assault weapon is possessed and used ‘‘(A) shall require the presence of a juve- sisting of conduct that if engaged in by an by the juvenile— nile defendant’s parent or legal guardian at adult would not constitute an offense) or ad- ‘‘(I) in the course of employment; all proceedings; judicated as a juvenile delinquent for con- ‘‘(II) in the course of ranching or farming ‘‘(B) may use the contempt power to en- duct that if engaged in by an adult would related to activities at the residence of the force subparagraph (A); and constitute an offense. juvenile (or on property used for ranching or ‘‘(C) may excuse attendance of a parent or ‘‘(iii) SCHOOL ZONES.—A juvenile shall be legal guardian of a juvenile defendant for fined under this title, imprisoned not more farming at which the juvenile, with the permission of the property owner or lessee, is good cause.’’. than 20 years, or both, if— (c) EFFECTIVE DATE.—The amendments ‘‘(I) the offense of which the juvenile is performing activities related to the operation of the farm or ranch); made by this section shall take effect 180 charged is possession of a handgun, ammuni- days after the date of enactment of this Act. tion, or semiautomatic assault weapon in ‘‘(III) for target practice; violation of section 922(x)(2); and ‘‘(IV) for hunting; or Subtitle G—General Firearm Provisions ‘‘(II) during the same course of conduct in ‘‘(V) for a course of instruction in the safe SEC. 461. NATIONAL INSTANT CRIMINAL BACK- violating section 922(x)(2), the juvenile vio- and lawful use of a handgun; GROUND CHECK SYSTEM IMPROVE- lated section 922(q), with the intent to carry ‘‘(ii) a juvenile who is a member of the MENTS. or otherwise possess or discharge or other- Armed Forces of the United States or the (a) EXPEDITED ACTION BY THE ATTORNEY wise use the handgun, ammunition, or semi- National Guard who possesses or is armed GENERAL.— automatic assault weapon in the commission with a handgun, ammunition, or semiauto- (1) IN GENERAL.—The Attorney General of a violent felony. matic assault weapon in the line of duty; shall expedite— ‘‘(C) TRANSFER TO A JUVENILE.—A person ‘‘(iii) a transfer by inheritance of title (but (A) not later than 90 days after the date of other than a juvenile who knowingly vio- not possession) of handgun, ammunition, or enactment of this section, a study of the fea- lates section 922(x)— semiautomatic assault weapon to a juvenile; sibility of developing— ‘‘(i) shall be fined under this title, impris- or ‘‘(i) a single fingerprint convicted offender oned not less than 1 year and not more than ‘‘(iv) the possession of a handgun, ammuni- database in the Federal criminal records sys- 5 years, or both; or tion, or semiautomatic assault weapon taken tem maintained by the Federal Bureau of In- ‘‘(ii) if the person sold, delivered, or other- in lawful defense of the juvenile or other per- vestigation; and wise transferred a handgun, ammunition, or sons against an intruder into the residence (ii) procedures under which a licensed fire- semiautomatic assault weapon to a juvenile of the juvenile or a residence in which the ju- arm dealer may voluntarily transmit to the knowing or having reasonable cause to know venile is an invited guest. National Instant Check System a single digi- that the juvenile intended to carry or other- ‘‘(B) TEMPORARY TRANSFERS.—Clause (i) talized fingerprint for prospective firearms wise possess or discharge or otherwise use shall apply if— transferees; the handgun, ammunition, or semiautomatic ‘‘(i) the juvenile’s possession and use of a (B) the provision of assistance to States, assault weapon in the commission of a vio- handgun, ammunition, or semiautomatic as- under the Crime Identification Technology lent felony, shall be fined under this title sault weapon under this paragraph are in ac- Act of 1998 (112 Stat. 1871), in gaining access and imprisoned not less than 10 and not more cordance with State and local law; and to records in the National Instant Check than 20 years. ‘‘(ii)(I)(aa) except when a parent or guard- System disclosing the disposition of State ‘‘(D) CASES IN UNITED STATES DISTRICT ian of the juvenile is in the immediate and criminal cases; and COURT.—Except as otherwise provided in this supervisory presence of the juvenile, the ju- (C) development of a procedure for the col- chapter, in any case in which a juvenile is venile, at all times when a handgun, ammu- lection of data identifying persons that are prosecuted in a district court of the United nition, or semiautomatic assault weapon is prohibited from possessing a firearm by sec- States, and the juvenile is subject to the in the possession of the juvenile, has in the tion 922(g) of title 18, United States Code, in- penalties under subparagraph (B)(iii), the ju- juvenile’s possession the prior written con- cluding persons adjudicated as a mental de- venile shall be subject to the same laws, sent of the juvenile’s parent or guardian who fective, persons committed to a mental insti- rules, and proceedings regarding sentencing is not prohibited by Federal, State, or local tution, and persons subject to a domestic vi- (including the availability of probation, res- law from possessing a firearm or ammuni- olence restraining order. titution, fines, forfeiture, imprisonment, and tion; and (2) CONSIDERATIONS.—In developing proce- supervised release) that would be applicable ‘‘(bb) during transportation by the juvenile dures under paragraph (1), the Attorney Gen- in the case of an adult. directly from the place of transfer to a place eral shall consider the privacy needs of indi- ‘‘(E) NO RELEASE AT AGE 18.—No juvenile at which an activity described in item (aa) is viduals. sentenced to a term of imprisonment shall be to take place, the firearm is unloaded and in (b) COMPATIBILITY OF BALLISTICS INFORMA- released from custody solely for the reason a locked container or case, and during the TION SYSTEMS.—The Attorney General and that the juvenile has reached the age of 18 transportation by the juvenile of the fire- the Secretary of the Treasury shall ensure years.’’. arm, directly from the place at which such the integration and interoperability of bal- (b) UNLAWFUL WEAPONS TRANSFERS TO JU- an activity took place to the transferor, the listics identification systems maintained by VENILES.—Section 922 of title 18, United firearm is unloaded and in a locked con- the Federal Bureau of Investigation and the States Code, is amended by striking sub- tainer or case; or Bureau of Alcohol, Tobacco, and Firearms section (x) and inserting the following: ‘‘(II) with respect to ranching or farming through the National Integrated Ballistics ‘‘(x) JUVENILES.— activities as described in subparagraph Information Network. ‘‘(1) DEFINITION OF JUVENILE.—In this sub- (A)(i)(II)— (c) FORENSIC LABORATORY INSPECTION.—The section, the term ‘juvenile’ means a person ‘‘(aa) a juvenile possesses and uses a hand- Attorney General shall provide financial as- who is less than 18 years of age. gun, ammunition, or semiautomatic assault sistance to the American Academy of Foren- ‘‘(2) TRANSFER TO JUVENILES.—It shall be weapon with the prior written approval of sic Science Laboratory Accreditation Board unlawful for a person to sell, deliver, or oth- the juvenile’s parent or legal guardian; to be used to facilitate forensic laboratory erwise transfer to a person who the trans- ‘‘(bb) the approval is on file with an adult inspection activities. feror knows or has reasonable cause to be- who is not prohibited by Federal, State, or (d) RELIEF FROM DISABILITY DATABASE.— lieve is a juvenile— local law from possessing a firearm or am- Section 925(c) of title 18, United States Code, ‘‘(A) a handgun; munition; and is amended—

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5312 CONGRESSIONAL RECORD — SENATE May 13, 1999 (1) by striking ‘‘(c) A person’’ and inserting (A) in clause (iii), by striking ‘‘10 years.’’ and (i) of section 842 of this title: shall be the following: and inserting ‘‘12 years; and’’; and punished as provided under subsection (b). ‘‘(c) RELIEF FROM DISABILITIES.— (B) by adding at the end the following: ‘‘(2) The circumstance referred to in para- ‘‘(1) IN GENERAL.—A person’’; and ‘‘(iv) if the firearm is used to injure an- graph (1) is that— (2) by adding at the end the following: other person, be sentenced to a term of im- ‘‘(A) such person knows or has reason to ‘‘(2) DATABASE.—The Secretary shall estab- prisonment of not less than 15 years.’’; and know that such notice or advertisement will lish a database, accessible through the Na- (2) in subsection (h), by striking ‘‘impris- be transported in interstate or foreign com- tional Instant Check System, identifying oned not more than 10 years’’ and inserting merce by computer; or persons who have been granted relief from ‘‘imprisoned not less than 5 years and not ‘‘(B) such notice or advertisement is trans- disability under paragraph (1).’’. more than 10 years’’. ported in interstate or foreign commerce by (e) AUTHORIZATION OF APPROPRIATIONS.— SEC. 504. INCREASED PENALTIES FOR DISTRIB- computer. There are authorized to be appropriated for UTING DRUGS TO MINORS. ‘‘(b) PENALTIES.—Any individual who vio- fiscal year 2000— Section 418 of the Controlled Substances lates, or attempts or conspires to violate, (1) to pay the costs of the Federal Bureau Act (21 U.S.C. 859) is amended— this section shall be fined under this title or of Investigation in operating the National (1) in subsection (a), by striking ‘‘one imprisoned not more than 1 year, and both, Instant Check System, $68,000,000; year’’ and inserting ‘‘3 years’’; and but if such person has one prior conviction (2) for payments to States that act as (2) in subsection (b), by striking ‘‘one under this section, or under the laws of any points of contact for access to the National year’’ and inserting ‘‘5 years’’. State relating to the same offense, such person shall be fined under this title and impris- Instant Check System, $40,000,000; SEC. 505. INCREASED PENALTY FOR DRUG TRAF- (3) to carry out subsection (a)(1), FICKING IN OR NEAR A SCHOOL OR oned for not more than 5 years, but if such $40,000,000; OTHER PROTECTED LOCATION. person has 2 or more prior convictions under (4) to carry out subsection (a)(3), Section 419 of the Controlled Substances this section, or under the laws of any State $25,000,000; Act (21 U.S.C. 860) is amended— relating to the same offense, such person (5) to carry out subsection (b), $1,150,000; (1) in subsection (a), by striking ‘‘one shall be fined under this title and imprisoned and year’’ and inserting ‘‘3 years’’; and not less than 10 years nor more than 20 (6) to carry out subsection (c), $1,000,000. (2) in subsection (b), by striking ‘‘three years. Any organization that violates, or at- (f) INCREASED AUTHORIZATION.—Section years’’ each place that term appears and in- tempts or conspires to violate, this section 102(e)(1) of the Crime Identification Tech- serting ‘‘5 years’’. shall be fined under this title. Whoever, in nology Act of 1998 (42 U.S.C. 14601(e)(1)) is the course of an offense under this section, Subtitle C—Internet Prohibitions amended by striking ‘‘this section’’ and all engages in conduct that results in the death that follows and inserting ‘‘this section— SECTION 430. SHORT TITLE. of a juvenile, herein defined as an individual ‘‘(A) $250,000,000 for fiscal year 1999; This Act may be cited as the ‘‘Internet who has not yet attained the age of 18 years, ‘‘(B) $350,000,000 for each of fiscal years 2000 Firearms and Explosives Advertising Act of shall be punished by death, or imprisoned for through 2003.’’. 1999’’. any term of years or for life. TITLE V—ENHANCED PENALTIES SEC. 431. FINDINGS; PURPOSE. ‘‘(c) DEFENSES.—It is an affirmative de- Congress finds the following: fense against any proceeding involving this SEC. 501. STRAW PURCHASES. (a) Citizens have an individual right, under section if the proponent proves by a prepon- (a) IN GENERAL.—Section 924(a) of title 18, the Second Amendment to the United States derance of the evidence that: United States Code, is amended by adding at Constitution, to Keep and Bear Arms. The ‘‘(1) the advertisement or notice came the end the following: Gun Control Act of 1968 and the Firearms from— ‘‘(7)(A) Notwithstanding paragraph (2), Owners Protection Act of 1986 specifically ‘‘(A) a web site, notice or advertisement whoever knowingly violates section 922(a)(6) state that it is not the intent of Congress to operated or created by a person licensed— for the purpose of selling, delivering, or oth- frustrate the free exercise of that right in ‘‘(i) as a manufacturer, importer, or dealer erwise transferring a firearm, knowing or enacting federal legislation. The free exer- under section 923 of this chapter; or having reasonable cause to know that an- cise of that right includes law abiding fire- ‘‘(ii) under chapter 40 of this title, and other person will carry or otherwise possess arms owners buying, selling, trading, and ‘‘(B) the site, advertisement or notice, ad- or discharge or otherwise use the firearm in collecting guns in accordance with federal, vised the person at least once prior to the of- the commission of a violent felony, shall state, and local laws for whatever lawful use fering of the product, material or informa- be— they deem desirable. tion to the person that sales or transfers of ‘‘(i) fined under this title, imprisoned not (b) The Internet is a powerful information the product or information will be made in more than 15 years, or both; or medium, which has and continues to be an accord with federal, state and local law ap- ‘‘(ii) imprisoned not less than 10 and not excellent tool to educate citizens on the plicable to the buyer or transferee, and such more than 20 years and fined under this title, training, education and safety programs notice includes, in the case of firearms or if the procurement is for a juvenile. available to use firearms safely and respon- ammunition, additional information that ‘‘(B) In this paragraph— sibly. It has, and should continue to develop, firearms transfers will only be made through ‘‘(i) the term ‘juvenile’ has the meaning as a 21st century tool for ‘‘e-commerce’’ and a licensee, and that firearms and ammuni- given the term in section 922(x); and marketing many products, including fire- tion transfers are prohibited to felons, fugi- ‘‘(ii) the term ‘violent felony’ has the arms and sporting goods. Many web sites re- tives, juveniles and other persons under the meaning given the term in subsection lated to these topics are sponsored in large Gun Control Act of 1968 prohibited from re- (e)(2)(B).’’. part, by the sporting firearms and hunting ceiving or possessing firearms or ammuni- (b) EFFECTIVE DATE.—The amendment community. tions; or made by this section shall take effect 180 (c) It is the intent of Congress that this ‘‘(2) the advertisement or notice came days after the date of enactment of this Act. legislation be applied where the Internet is from— SEC. 502. STOLEN FIREARMS. being exploited to violate the applicable ex- ‘‘(A) a web site, notice or advertisement is (a) IN GENERAL.—Section 924 of title 18, plosives and firearms laws of the United operated or created by a person not licensed United States Code, is amended— States. as stated in paragraph (1); and (1) in subsection (a)— ‘‘(B) the site, advertisement or notice, ad- (A) in paragraph (2), by striking ‘‘(i), (j),’’; SEC. 432. PROHIBITIONS ON USES OF THE INTER- NET. vised the person at least once prior to the of- and fering of the product, material or informa- (a) IN GENERAL.—Chapter 44 of title 18, (B) by adding at the end the following: tion to the person that the sales or transfers United States Code, is amended by adding at ‘‘(8) Whoever knowingly violates sub- of the product or information— the end the following: section (i) or (j) of section 922 shall be fined ‘‘(i) will be made in accord with federal, under this title, imprisoned not more than 15 ‘‘§ 931. Criminal firearms and explosives so- state and local law applicable to the buyer or years, or both.’’; licitations transferee, and such notice includes, in the (2) in subsection (i)(1), by striking by strik- ‘‘(a)(1) IN GENERAL.—Any person who, in a case of firearms or ammunition, that fire- ing ‘‘10 years, or both’’ and inserting ‘‘15 circumstance described in paragraph (2), arms and ammunition transfers are prohib- years, or both; and knowingly makes, prints, or publishes, or ited to felons, fugitives, juveniles and other (3) in subsection (l), by striking ‘‘10 years, causes to be made, printed or published, any persons under the Gun Control Act of 1968 or both’’ and inserting ‘‘15 years, or both’’. notice of advertisement seeking or offering prohibited from receiving or possessing fire- (b) SENTENCING COMMISSION.—The United to receive, exchange, buy, sell, produce, dis- arms or ammunition; and States Sentencing Commission shall amend tribute, or transfer— ‘‘(ii) as a term or condition for posting or the Federal sentencing guidelines to reflect ‘‘(A) a firearm knowing that such trans- listing the firearm for sale or exchange on the amendments made by subsection (a). action, if carried out as noticed or adver- the web site for a prospective transferor, the SEC. 503. INCREASE IN PENALTIES FOR CRIMES tised, would violate subsection (a), (d), (g) or web site, advertisement or notice requires INVOLVING FIREARMS. (x) of section 922 of this chapter, or that, in the event of any agreement to sell or Section 924 of title 18, United States Code, ‘‘(B) explosive materials knowing that exchange the firearm pursuant to that post- is amended— such transaction, if carried out as noticed or ing or listing, the firearm be transferred to (1) in subsection (c)(1)(A)— advertised, would violate subsection (a), (d) that person for disposition through a federal

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5313 firearms licensee, where the Gun Control Act contacted the system. If the services of a ture Industry Accountability Commission’’ of 1968 requires the transfer to be made special registrant are used to determine the (in this section referred to as the ‘‘Commis- through a federal firearms licensee.’’. firearms eligibility of the prospective trans- sion’’). ‘‘(b) TECHNICAL AND CONFORMING feree to possesses a firearm, the transferee (d) COMPOSITION.— ADMENDMENTS—The analysis for chapter 44 shall provide the special registrant at the (1) COMPOSITION.—The Commission shall be of title 18, United States Code, is amended by gun show, on a special and limited-purpose composed of 12 members appointed as fol- inserting after the item relating to section form that the Secretary shall prescribe for lows: 930 the following: use by a special registrant— (A) Four members shall be appointed by ‘‘931. ‘‘§ 931. Criminal firearms and explosives ‘‘(I) the name, age, address, and other iden- the President. solicitation.’’. tifying information of the prospective trans- (B) Four members shall be appointed by feree (or, in the case of a prospective trans- the Speaker of the House of Representatives. SEC. 433. EFFECTIVE DATE.— feree that is a corporation or other business (C) Four members shall be appointed by The amendments made by Sections 430–432 entity, the identity and principal and local the Majority Leader of the Senate. shall take effect beginning on the date that places of business of the prospective trans- (2) CHAIRPERSON.—The Chairperson of the is 180 days after of the enactment of this Act. feree); and Commission shall be jointly designated by On page 65, after line 20, insert the fol- the Speaker of the House of Representatives lowing: ‘‘(II) proof of verification of the identity of the prospective transferee as required by sec- and the Majority Leader of the Senate from SEC. ll. APPLICATION OF SECTION 923 (j) AND among the members of the Commission. (m). tion 922(t)(1)(C).‘‘; and (2) paragraph (4) to read as follows: (3) QUALIFICATIONS.—At least one member Notwithstanding any other provision of of the Commission appointed by each of the this Act, section 923 of title 18, United States ‘‘(4) IMMUNITY.— ‘‘(A) DEFINITION.—In this paragraph: President, the Speaker of the House of Rep- Code, as amended by this Act, shall be ap- resentatives, and the Majority Leader of the ‘‘(i) IN GENERAL.—The term ‘qualified civil plied by amending in subsections (j) and (m) Senate shall be the parent of a child under the following: liability action’ means a civil action brought by any person against a person described in the age of 18 years. In subsection (j) amend— (e) COMPREHENSIVE REVIEW.— subparagraph (B) for damages resulting from (1) paragraph (2)(A) and (B) to read as fol- (1) IN GENERAL.—The Commission shall the criminal or unlawful misuse of the fire- lows: conduct a comprehensive review of the mo- arm by the transferee or a third party. ‘‘(A) IN GENERAL.—A temporary location tion picture industry with a focus on juve- ‘‘(ii) EXCLUSIONS.—The term ‘qualified civil referred to in paragraph (1) is a location for nile access to violent, pornographic, or other liability action’ shall not include an action— a gun show, or event in the State specified harmful materials in motion pictures. ‘‘(I) brought against a transferor convicted on the license, at which firearms, firearms (2) ASSESSMENT.—In conducting the review, under section 924(h), or a comparable State accessories and related items may be bought, the Commission shall assess the following: felony law, by a person directly harmed by sold, traded, and displayed, in accordance (A) How the Federal Government and State the transferee’s criminal conduct, as defined with Federal, State, and local laws. and local governments, through their taxing in section 924(h); or ‘‘(B) LOCATIONS OUT OF STATE.—If the loca- power or otherwise, subsidize, facilitate, or ‘‘(II) brought against a transferor for neg- tion is not in the State specified on the li- otherwise reduce the cost to the motion pic- ligent entrustment or negligence per se. cense, a licensee may display any firearm, ture industry of producing violent, porno- ‘‘(B) IMMUNITY.—Notwithstanding any and take orders for a firearm or effectuate graphic, or other harmful materials, and any other provision of law, a person who is— the transfer of a firearm, in accordance with changes that might curtail such assistance. ‘‘(i) a special registrant who performs a this chapter, including paragraph (7) of this (B) How the motion picture industry mar- background check in the manner prescribed subsection.’’; kets its products to children and how such in this subsection at a gun show; ‘‘(C) QUALIFIED GUN SHOWS OR EVENTS.—A marketing can be regulated. ‘‘(ii) a licensee or special licensee who ac- gun show or an event shall qualify as a tem- (C) What standard of civil and criminal li- quires a firearm at a gun show from a non- porary location if— ability currently exist for the products of licensee, for transfer to another nonlicensee ‘‘(i) the gun show or event is one which is the motion picture industry and what stand- in attendance at the gun show, for the pur- sponsored, for profit or not, by an individual, ards would be sufficient to permit victims of pose of effectuating a sale, trade, or transfer national, State, or local organization, asso- such products to seek legal redress against between the 2 nonlicensees, all in the man- ciation, or other entity to foster the col- the producers of such products in cases ner prescribed for the acquisition and dis- lecting, competitive use, sporting use, or any where the content of such products causes, position of a firearm under this chapter; or other legal use of firearms; and exacerbates, or otherwise influences destruc- ‘‘(iii) a nonlicensee person disposing of a ‘‘(ii) the gun show or event has (a) 20 per- tive behavior. firearm who uses the services of a person decent or more firearm exhibitors our of all ex- (D) Whether Federal regulation of the con- scribed in clause (i) or (ii); hibitors; or (b) 10 or more firearms exhibi- tent of motion pictures is appropriate. tors. shall be entitled to immunity from civil li- (E) If and how an excise tax levied on vio- (2) paragraph (3)(C) to read as follows: ability action as described in subparagraphs lent, pornographic, or other harmful motion ‘‘(C) shall be retained at the premises spec- (C) and (D). picture materials might be structured in ified on the license.’’; and ‘‘(C) PROSPECTIVE ACTIONS.—A qualified order— (3) paragraph (7) to read as follows: civil liability action may not be brought in (i) to discourage viewership of such mate- ‘‘(7) NO EFFECT ON OTHER RIGHTS.—Nothing any Federal or State court. rials; and in this subsection diminishes in any manner ‘‘(D) DISMISSAL OF PENDING ACTIONS.—A (ii) to finance measures aimed at limiting any right to display, sell, or otherwise dis- qualified civil liability action that is pend- access to such materials. pose of firearms or ammunition that is in ef- ing on the date of enactment of this sub- (F) What other actions the Federal Govern- fect before the date of enactment of the Fire- section shall be dismissed immediately by ment might take to reduce the quantity of arms Owners’ Protection Act, including the the court.’’. and access to motion pictures containing right of a licensee to conduct firearms trans- violent, pornographic, or other harmful ma- fers and business away from their business BOND AMENDMENT NO. 345 terials. premises with another licensee without re- (f) REPORTS.— (Ordered to lie on the table.) gard to whether the location of the business (1) IN GENERAL.—Not later than one year is in the State specified on the license of ei- Mr. BOND submitted an amendment after the date of the enactment of this Act, ther licensee.’’. intended to be proposed by him to the the Commission shall submit to the Presi- In subsection (m), amend— bill, S. 254, supra; as follows: dent, the Speaker of the House of Represent- (1) paragraph (2)(E)(i) to read as follows: At the appropriate place, insert the fol- atives, and the Majority Leader of the Sen- ‘‘(i) IN GENERAL.—A person not licensed lowing: ate a report on the review conducted under under this section who desires to transfer a SEC. ll. COMMISSION ON ACCOUNTABILITY OF subsection (e). firearm at a gun show in his State of resi- THE MOTION PICTURE INDUSTRY. (2) RECOMMENDATIONS.—The report may in- dence to another person who is a resident of (a) SHORT TITLE.—This section may be clude recommendations of the Commission the same State, and not licensed under this cited as the ‘‘Motion Picture Industry Ac- only if approved by a majority of the mem- section, shall only make such a transfer countability Act’’. bers of the Commission. through a licensee who can conduct an in- (b) PURPOSE.—The purpose of this section (g) POWERS.—The Commission may for the stant background check at the gun show, or is to establish a commission to study the purpose of carrying out this section— directly to the prospective transferee if an motion picture industry and make rec- (1) conduct hearings, take testimony, issue instant background check is first conducted ommendations to Congress and the President subpoenas, and receive such evidence, as the by a special registrant at the gun show on to promote accountability in the motion pic- Commission considers appropriate; the prospective transferee. For any instant ture industry in order to reduce juvenile ac- (2) secure directly from any department or background check conducted at a gun show, cess to violent, pornographic, or other harm- agency of the Federal Government such in- the time period stated in section ful material in motion pictures. formation as may be necessary for the Com- 922(t)(1)(B)(ii) of this chapter shall be 24 (c) ESTABLISHMENT.—There is established a mission to carry out the duties of the Com- hours in a calendar day since the licensee commission to be known as the ‘‘Motion Pic- mission under this section;

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5314 CONGRESSIONAL RECORD — SENATE May 13, 1999 (3) use the United States mails in the same Act of 1965 (20 U.S.C. 8921 et seq.) is amended On page 228, line 11 strike ‘‘and’’. manner and under the same conditions as as follows: On page 228, line 14 strike the period and the departments and agencies of the Federal ‘‘(1) SHORT TITLE.—Section 14601(a) is insert ‘‘; and’’. Government; and amended by replacing ‘‘Gun-Free’’ with On page 228, between lines 14 and 15, insert (4) receive from the Secretary of Com- ‘‘Safe’’, and ‘‘1994’’ with ‘‘1999’’. the following: merce appropriate office space and such ad- ‘‘(2) REQUIREMENTS.—Section 14601(b)(1) is ‘‘(4) PROSECUTION OF JUVENILES AS ADULTS ministrative and support services as the amended by inserting after ‘‘determined’’ the FOR CERTAIN OFFENSES INVOLVING FIREARMS.— Commission may request. following: ‘‘to be in possession of an illegal The State shall prosecute juveniles who are (h) PROCEDURES.—The Commission shall drug, or illegal drug paraphernalia, on school not less than 14 years of age as adults in meet on a regular basis or at the call of the property under the jurisdiction of, or in a ve- criminal court, rather than in juvenile delin- Chairperson or a majority of the members of hicle operated by an employee or agent of, a quency proceedings, if the juvenile used, car- the Commission. local educational agency in that State, or’’. rier or possessed a firearm during the com- (i) PERSONNEL MATTERS.—The members of ‘‘(3) DEFINITIONS.—Section 14601(b)(4) is mission of conduct constituting— the Commission shall serve on the Commis- amended by replacing ‘‘Definition’’ with ‘‘(A) murder; sion without compensation, but shall be al- ‘‘Definitions’’ in the catchline, by replacing ‘‘(B) robbery while armed with a dangerous lowed travel expenses including per diem in ‘‘section’’ in the matter under the catchline or deadly weapon; lieu of subsistence, as authorized by section with ‘‘part’’, by redesignating the matter ‘‘(C) battery or assault while armed with a 5702 of title 5, United States Code, when en- under the catchline after the comma as sub- dangerous or deadly weapon; gaged in the performance of the duties of the paragraph (A), by replacing the period with a ‘‘(D) forcible rape; or Commission. semi-colon, and by adding new subpara- ‘‘(E) any serious drug offense that, if com- (j) STAFF.—The Commission shall appoint graphs (B) and (C) as follows: mitted by an adult subject to Federal juris- a staff director and sufficient support staff, ‘‘(B) the term ‘‘illegal drug’’ means a con- diction, would be punishable under section including clerical and professional staff, to trolled substance, as defined in section 102(6) 401(b)(1)(A) of the Controlled Substances Im- carry out the duties of the Commission of the Controlled Substance Act (21 U.S.C. port and Export Act (21 U.S.C. 960(b)(1)(A)).’’ under this section. The total number of staff 802(6)), the possession of which is unlawful under this subsection may not exceed 10. under the Act (21 U.S.C. 801 et seq.) or under (k) DETAILED PERSONNEL.—At the request the Controlled Substances Import and Ex- ASHCROFT (AND OTHERS) of the Chairperson of the Commission, the port Act (21 U.S.C. 951 et seq.), but does not AMENDMENT NO. 349 head of any department or agency of the mean a controlled substance used pursuant Federal Government may detail, without re- (Ordered to lie on the table.) to a valid prescription or as authorized by imbursement, any personnel of the depart- Mr. ASHCROFT (for himself, Mr. law; and ment or agency to the Commission to assist ‘‘(C) the term ‘‘illegal drug paraphernalia’’ FRIST, Mr. HELMS, Mr. COVERDELL, and the Commission in carrying out the duties of means drug paraphernalia, as defined in sec- Mr. ALLARD) submitted an amendment the Commission under this section. tion 422(d) of the Controlled Substances Act intended to be proposed by him to the (l) FUNDING.— (21 U.S.C. 863(d0), except that the first sen- (1) AUTHORIZATION OF APPROPRIATIONS.— bill, S. 254, supra; as follows: tence of that section shall be applied by in- There are authorized to be appropriated At the appropriate place, insert the fol- serting ‘‘or under the Controlled Substances $1,000,000 to carry out this section. lowing: Import and Export Act (21 U.S.C. 951 et (2) AVAILABILITY.—Amounts appropriated SEC.——1. SHORT TITLE. seq.)’’ before the period.’’. pursuant to the authorization of appropria- This subtitle may be cited as the ‘‘School ‘‘(4) REPORT TO STATE.—Section tions in paragraph (1) shall remain available 14601(d)(2)(C) is amended by inserting ‘‘ille- Safety Act of 1999’’. until expended. gal drugs, illegal drug paraphernalia, or’’ be- SEC.——2. AMENDMENTS TO THE INDIVIDUALS (m) TERMINATION.—The Commission shall fore ‘‘weapons’’. WITH DISABILITIES EDUCATION terminate 60 days after the date on which ACT. ‘‘(5) REPEALER.—Section 14601 is amended the Commission submits the reports required by striking subsection (f). ‘‘(a) PLACEMENT IN ALTERNATIVE EDU- by subsection (f). ‘‘(6) POLICY REGARDING CRIMINAL JUSTICE CATIONAL SETTING.—Section 615(k) of the In- dividuals with Disabilities Education Act (20 HELMS AMENDMENTS NOS. SYSTEM REFERRAL.—Section 14602(a) is amended by replacing ‘‘served by’’ with U.S.C. 1415(k)) is amended— 346–347 ‘‘under the jurisdiction of’’, and by inserting (1) in paragraph (1)(A)(ii)(I), by inserting (Ordered to lie on the table.) after ‘‘who’’ the following: ‘‘is in possession ‘‘(other than a gun or firearm)’’ after ‘‘weap- Mr. HELMS submitted two amend- of an illegal drug, or illegal drug para- on’’; ments intended to be proposed by him phernalia, on school property under the ju- (2) by redesignating paragraph (10) as para- to the bill, S. 254, supra; as follows: risdiction of, or in a vehicle operated by an graph (11); and AMENDMENT NO. 346 employee or agent of, such agency, or who’’. (3) by inserting after paragraph (9) the fol- At the appropriate place, insert the fol- ‘‘(7) DATA AND POLICY DISSEMINATION UNDER lowing new section: lowing: IDEA.—Section 14603 is amended by inserting ‘‘(10) DISCIPLINE WITH REGARD TO GUNS OR FIREARMS.— ‘‘SEC. . SAFE SCHOOLS. ‘‘current’’ before ‘‘policy’’, by striking ‘‘in ‘‘(A) AUTHORITY OF SCHOOL PERSONNEL WITH ‘‘(a) AMENDMENT.—Section 14601(b) of part effect on October 20, 1994’’, by striking all F of title XIV of the Elementary and Sec- the matter after ‘‘schools’’ and inserting a RESPECT TO GUNS OR FIREARMS.— ondary Education Act of 1965 (20 U.S.C. period thereafter, and by inserting before ‘‘(i) Notwithstanding any other provision 8921(b0) is amended by adding at the end a ‘‘engaging’’ the following: ‘‘possessing illegal of this Act, school personnel may discipline new paragraph (3a) as follows: drugs, or illegal drug paraphernalia, on (including expel or suspend) a child with a ‘‘(3a) BACKGROUND CHECKS.—Each State re- school property, or in vehicles operated by disability who carries or possesses a gun or ceiving federal funds under this Act shall employees or agents of, schools or local edu- firearm to or at a school, on school premises, have in effect a State law requiring local cational agencies, or’’. or to or at a school function, under the juris- educational agencies to conduct, for each of ‘‘(b) COMPLIANCE DATE; REPORTING.— diction of a State or a local educational their employees (regardless of when hired) ‘‘(1) States shall have two years from the agency, in the same manner in which such and prospective employees, a nationwide date of enactment of this Act to comply with personnel may discipline a child without a background check for the purpose of deter- the requirements established in the amend- disability. mining whether the employee has been con- ments made by subsection (a). ‘‘(ii) Nothing in clause (i) shall be convicted of a crime that bears upon his fitness ‘‘(2) Not later than three years after the strued to prevent a child with a disability to have responsibility for the safety or well- date of enactment of this Act, the Secretary who is disciplined pursuant to the authority being of children, to serve in the particular of Education shall submit to Congress a re- provided under clause (i) from asserting a de- capacity in which he is (or is to be) em- port on any State that is not in compliance fense that the carrying or possession of the ployed, or otherwise to be employed at all with the requirements of this part. gun or firearm was unintentional or inno- thereby.’’ ‘‘(3) Not later than two years after the date cent. ‘‘(b) COMPLIANCE DATE.—States shall have of enactment of this Act, the Secretary of ‘‘(B) FREE APPROPRIATE PUBLIC EDU- two years from the date of enactment of this Education shall submit to Congress a report CATION.— Act to comply with the requirements estab- analyzing the strengths and weaknesses of ‘‘(i) CEASING TO PROVIDE EDUCATION.—Not- lished in the amendment made by subsection approaches regarding the disciplining of chil- withstanding section 612(a)(1)(A), a child ex- (a).’’ dren with disabilities.’’ pelled or suspended under subparagraph (A) shall not be entitled to continued edu- AMENDMENT NO. 347 ASHCROFT AMENDMENT NO. 348 cational services, including a free appro- At the appropriate place, insert the fol- priate public education, under this title, dur- lowing: (Ordered to lie on the table.) ing the term of such expulsion or suspension, ‘‘SEC. . SAFE SCHOOLS. Mr. ASHCROFT submitted an amend- if the State in which the local educational ‘‘(a) AMENDMENTS.—Part F of title XIV of ment intended to be proposed by him agency responsible for providing educational the Elementary and Secondary Education to the bill, S. 254, supra; as follows: services to such child does not require a

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5315 child without a disability to receive edu- ‘‘(B) the person notifies the Secretary of cess.’’ The hearing will be held on cational services after being expelled or sus- the Internet address of the website, and any Tuesday, May 25, 1999, beginning at 10 pended. other information concerning the website as a.m. in room 428A of the Russell Senate ‘‘(ii) PROVIDING EDUCATION.—Notwith- the Secretary may require by regulation; Office Building. standing clause (i), the local education agen- and cy responsible for providing educational ‘‘(C) if any firearm posted or listed for sale The hearing will be broadcast live on services to a child with a disability who is or exchange on the website is not from the the Internet from our homepage ad- expelled or suspended under subparagraph business inventory or personal collection of dress: http://www.senate.gov/sbc (A) may choose to continue to provide edu- that person— For further information, please con- cational services to such child. If the local ‘‘(i) the person, as a term or condition for tact David Bohley at 224–5175. educational agency so choose to continue to posting or listing the firearm for sale or ex- f provide the services— change on the website on behalf of a prospec- ‘‘(I) nothing in this title shall require the tive transferor, requires that, in the event of AUTHORITY FOR COMMITTEES TO local educational agency to provide such any agreement to sell or exchange the fire- MEET child with a free appropriate public edu- arm pursuant to that posting or listing, the COMMITTEE ON ARMED SERVICES cation, or any particular level of service; and firearm be transferred to that person for dis- ‘‘(II) the location where the local edu- position in accordance with clause (iii); Mr. HATCH. Mr. President, I ask cational agency provides the services shall ‘‘(ii) the person prohibits the posting or unanimous consent that the full com- be left to the discretion of the local edu- listing on the website of, and does not in any mittee on Armed Services be author- cational agency. manner disseminate, any information (in- ized to meet at 9:30 a.m. on Thursday, ‘‘(C) RELATIONSHIP TO OTHER REQUIRE- cluding any name, nickname, telephone May 13, 1999, in executive session, to MENTS.— number, address, or electronic mail address) mark up the FY 2000 Defense author- ‘‘(i) PLAN REQUIREMENTS.—No agency shall that is reasonably likely to enable the probe considered to be in violation of section 612 spective transferor and prospective trans- ization bill. or 613 because the agency has provided dis- feree to contact one another directly prior to The PRESIDING OFFICER. Without cipline, services, or assistance in accordance the shipment of the firearm to that person objection, it is so ordered. with this paragraph. under clause (i), except that this clause does COMMITTEE ON ARMED SERVICES ‘‘(ii) PROCEDURE.—Actions taken pursuant not include any information relating solely Mr. HATCH. Mr. President, I ask to this paragraph shall not be subject to the to the manufacturer, importer, model, cal- provisions of this section, other than this unanimous consent that the full Com- iber, gauge, physical attributes, operation, mittee on Armed Services be author- paragraph. performance, or price of the firearm; and ‘‘(D) FIREARMS.—The term ‘firearm’ has ‘‘(iii) with respect to each firearm received ized to meet at 2 p.m. on Thursday, the meaning given the term under section from a prospective transferor under clause May 13, 1999, in executive session, to 921 of title18, United States Code.’’. (i), the person— mark up the FY 2000 Defense author- (b) CONFORMING AMENDMENT.—Section ‘‘(I) enters such information about the fire- ization bill. 615(f)(1) of the Individuals with Disabilities arm as the Secretary may require by regula- The PRESIDING OFFICER. Without Education Act (20 U.S.C. 1415(f)(1)) is amend- tion into a separate bound record; objection, it is so ordered. ed by striking ‘‘Whenever’’ and inserting the ‘‘(II) in transferring the firearm to any COMMITTEE ON ENERGY AND NATURAL following: ‘‘Expect as provided in section transferee, complies with the requirements RESOURCES 615(k)(10), whenever’’. of this chapter as if the firearm were being SEC.——03. AMENDMENT TO THE GUN-FREE transferred from the business inventory of Mr. HATCH. Mr. President, I ask SCHOOLS ACT OF 1994. that person; and unanimous consent that the Com- Subsection (c) of section 14601 of the Gun- ‘‘(III) if the prospective transferor does not mittee on Energy and Natural Re- Free School Act of 1994 (20 U.S.C. 8921) is provide the person with a certified copy of a sources be granted permission to meet amended to read as follows: valid firearms license issued to the prospec- during the session of the Senate on ‘‘(c) SPECIAL RULE.—Notwithstanding any tive transferor under this chapter, submits other provision of this section, this section Thursday, May 13, for purposes of con- to the Secretary a report of the transfer or ducting a full committee hearing shall be subject to section 615(i)(1) of the In- other disposition of the firearm on a form dividual with Disabilities Education Act (20 specified by the Secretary, which report which is scheduled to begin at 9:30 a.m. U.S.C. 1415(k)(10)).’’. shall not include the name of, or any other The purpose of this hearing is to re- SEC.——04. APPLICATION. identifying information relating to, the ceive testimony on S. 698, a bill to re- The amendments made by sections ——01 transferor. view the suitably and feasibility of re- through ——03 shall not apply to conduct oc- ‘‘(2) TRANSFERS BY PERSONS OTHER THAN LI- covering costs of high altitude rescues curring prior to the date of enactment of CENSEES.—It shall be unlawful for any person at Denali National Park and Preserve this title. who is not licensed under section 923 to in Alaska, and for other purposes; S. transfer a firearm pursuant to a posting or 711, a bill to allow for the investment SCHUMER (AND OTHERS) listing of the firearm for sale or exchange on of joint Federal and State funds from AMENDMENT NO. 350 an Internet website described in paragraph (1) to any person other than the operator of the civil settlement of damages from Mr. SCHUMER (for himself, Mr. LAU- the website. the Exxon Valdez oil spill, and for TENBERG, Mr. KOHL, Mrs. FEINSTEIN, ‘‘(3) INTERACTIVE COMPUTER SERVICE.— other purposes; and S. 748, a bill to im- Mr. TORRICELLI, and Mr. DURBIN) pro- Nothing in this section may be construed to prove Native hiring and contracting by posed an amendment to the bill, S. 254, provide any basis for liability against an the Federal Government within the supra; as follows: interactive computer service which is not State of Alaska, and for other pur- On page 265, after line 20, insert the fol- engaged in an activity a purpose of which is poses. lowing: to— ‘‘(A) originate an offer for sale of one or The PRESIDING OFFICER. Without SEC. . INTERNET GUN TRAFFICKING ACT OF objection, it is so ordered. 1999. more firearms on an Internet website; or ‘‘(B) provide a forum that is directed spe- COMMITTEE ON ENVIRONMENT AND PUBLIC (a) SHORT TITLE.—This section may be cited as the ‘‘Internet Gun Trafficking Act of cifically at an audience of potential cus- WORKS 1999’’. tomers who wish to sell, exchange, or trans- Mr. HATCH. Mr. President, I ask fer firearms with or to others.’’. (b) REGULATION OF INTERNET FIREARMS unanimous consent that the full Com- (2) PENALTIES.—Section 924(a) of title 18, TRANSFERS.— mittee on Environment and Public United States Code, is amended by adding at (1) PROHIBITIONS.—Section 922 of title 18, Works be granted permission to con- United States Code, is amended by inserting the end the following: ‘‘(7) Whoever willfully violates section duct a hearing on the Clean Water Act after subsection (y) the following: Plan, Thursday, May 13, 10 a.m., Hear- ‘‘(z) REGULATION OF INTERNET FIREARMS 922(z)(2) shall be fined under this title, im- TRANSFERS.— prisoned not more than 2 years, or both.’’. ing Room (SD–406). ‘‘(1) IN GENERAL.—It shall be unlawful for f The PRESIDING OFFICER. Without any person to operate an Internet website, if objection, it is so ordered. a clear purpose of the website is to offer 10 or NOTICE OF HEARINGS COMMITTEE ON FINANCE more firearms for sale or exchange at one COMMITTEE ON SMALL BUSINESS Mr. HATCH. Mr. president, the Fi- time, or is to otherwise facilitate the sale or exchange of 10 or more firearms posted or Mr. BOND. Mr. President, I wish to nance Committee requests unanimous listed on the website at one time, unless— announce that the Committee on Small consent to conduct a hearing on Thurs- ‘‘(A) the person is licensed as a manufac- Business will hold a hearing entitled day, May 13, 1999 beginning at 10 a.m. turer, importer, or dealer under section 923; ‘‘Education Success—Business Suc- in room 215 Dirksen.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5316 CONGRESSIONAL RECORD — SENATE May 13, 1999 The PRESIDING OFFICER. Without ica in 1998. Of this total, 61 law enforce- cits to a new era of budget surpluses. It objection, it is so ordered. ment officers were slain in the line of turns out that it is no easier to make COMMITTEE ON FOREIGN RELATIONS duty. Our Capitol community was trag- budget policy now than it was before— Mr. HATCH. Mr. President, I ask ically affected last July when Capitol in fact, it is probably harder. But the unanimous consent that the Com- Police Officer Jacob Chestnut and Spe- federal government is paying its own mittee on Foreign Relations be author- cial Agent John Gibson were mortally way now, and the payoff in the private ized to meet during the session of the wounded while they upheld their sworn economy—strong growth, low and sta- Senate on Thursday, May 13, 1999 at 10 duty to protect visitors, staff and ble interest rates, international con- a.m. to hold a hearing. Members of Congress. fidence in the dollar—are there for ev- The PRESIDING OFFICER. Without All Americans should keep alive the eryone to see. objection, it is so ordered. memory of these two brave and heroic As someone who came to the Senate men, and recognize the contributions over a quarter of a century ago, I can COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS of the countless other law enforcement tell my colleagues that there has been Mr. HATCH. Mr. President, I ask officers who have either been slain or no more fundamental change in the unanimous consent that the Com- disabled while performing their duties. way we do business around here. mittee on Health, Education, Labor, For these reasons I am a proud cospon- And virtually everyone agrees that and Pensions be authorized to meet for sor of S. Res. 22, which designates May Bob Rubin’s influence was the deciding a hearing on the Nomination of Rich- 15, 1999, as ‘‘National Peace Officers factor in this Administration’s success- ard McGahey during the session of the Memorial Day.’’ ful fight to restore balance and respon- Senate on Thursday, May 13, 1999, at 10 Mr. President, during this week of sibility to our federal budget. If that a.m. poignant ceremonies, Minnesota re- were his only legacy, it would put him The PRESIDING OFFICER. Without members Corporal Timothy Bowe of in the pantheon of our greatest Treas- objection, it is so ordered. the Minnesota State Patrol who was ury Secretaries. murdered while assisting the Chisago But Bob Rubin has left his mark on SUBCOMMITTEE ON CRIMINAL JUSTICE County Sheriff Department on June 7, the international economy as well. The OVERSIGHT 1997. Last year, Corporal Bowe’s name United States—restored to its historic Mr. HATCH. Mr. President, I ask was added to the National Law En- role as the strongest and most influen- unanimous consent that the Sub- forcement Officers Memorial. Corporal tial economy in the world—was the in- committee on criminal Justice Over- Bowe was a devoted husband, father, dispensable leader during the financial sight, of the Senate Judiciary Com- trooper, and friend. More importantly, crisis that shook international mar- mittee, be authorized to meet during Corporal Timothy Bowe was a true kets in the last two years. And it was the session of the Senate on Thursday, Minnesota hero. This week, Corporal Secretary Rubin’s credibility that was May 13, 1999 at 2 p.m. to hold a hearing Bowe’s name will be joined on the me- on the line as international financial in room 226, Senate Dirksen Office morial by 155 other law enforcement of- institutions like the IMF scrambled to Building, on: ‘‘The Clinton Justice De- ficers who were killed in the line of meet the first financial crisis of the partment’s Refusal to Enforce the Law duty. new global economy. on Voluntary Confessions.’’ Sadly, in our society today, unless Because he knew what key financial The PRESIDING OFFICER. Without we are personally affected by violence markets needed to see and hear from objection, it is so ordered. or disorder, we often do not realize the policy makers—and because he knew SUBCOMMITTEE ON FORESTS AND PUBLIC LAND dedication of our law enforcement offi- the strengths and the weaknesses of MANAGEMENT cers, and the sacrifices they make to those markets first hand—his guidance Mr. HATCH. Mr. President, I ask keep our communities safe. ‘‘National was the essential ingredient that con- unanimous consent that the Sub- Police Week’’ is an important time for tained the damage from that crisis. committee on Forests & Public Land all Americans to recognize the role law Today, in the calm after the storm, Management of the Committee on En- enforcement officers play in safe- there is still a lot of rebuilding to do— ergy and Natural Resources be granted guarding the rights and freedoms we and too much troubling weakness in permission to meet during the session all enjoy daily and give thanks for too many economies to say that the of the Senate on Thursday, May 13, for their countless hours of service. crisis is over. But it is not too early to purposes of conducting a hearing Sub- Mr. President, we owe a debt of grati- say that the crisis was a direct chal- committee on Forests & Public Lands tude not only to the slain officers who lenge America’s leadership in the Management hearing which is sched- served their communities so coura- world’s economy, and Bob Rubin kept uled to begin at 2:30 p.m. The purpose geously by preserving law and order, us on top. of this oversight hearing is to receive but also to their families, who have I might add that among the many testimony on fire preparedness on pub- lost a spouse, parent or child. Our law facets of that financial crisis, Sec- lic lands. Specifically, what actions the enforcement officers are heroes and we retary Rubin had to invest his consid- Bureau of Land Management and the must never forget their contributions erable energy, skills, and reputation to Forest Service are taking to prepare and sacrifices—during ‘‘National Police get this Congress to provide the funds for the fire season; whether the agen- Week,’’ they are well remembered.∑ necessary for the IMF to do its job. If cies are informing the public about f they gave medals in his line of work, these plans; and ongoing research re- Mr. President, he would have one for lated to wildlife and fire suppression RETIREMENT OF TREASURY that campaign, too. activities. SECRETARY RUBIN Robert Rubin was the recognized The PRESIDING OFFICER. Without ∑ Mr. BIDEN. Mr. President, I rise leader—with all of the heat that can objection, it is so ordered. today to share with my colleagues a come in that position—in two of the f few thoughts on the announcement biggest economy stories of this decade: that Treasury Secretary Rubin will be the battle against the deficit and the NATIONAL POLICE WEEK leaving his job in July. global financial crisis. His decisiveness, ∑ Mr. GRAMS. Mr. President, I rise It is hard to believe how far we have clarity of purpose, and calm persist- today to honor those police officers come in the six and a half years of Bob ence made a difference in this history who devotedly and selflessly work to Rubin’s tenure at the Treasury Depart- of our time. protect and serve the public on a daily ment. Our most fundamental ideas of I noticed, Mr. President, that the fi- basis. I also pay special tribute to how the world works—at least the nancial markets genuflected yesterday those men and women who have given world of economics and finance—have at the news of Secretary Rubin’s im- their lives in the line of duty. been transformed during his leadership pending departure. They dipped for a According to the Federal Bureau of of President Clinton’s economic team. while at the initial disappointment, Investigation data, 138 law enforce- In our domestic finances, Mr. Presi- but inevitably they recovered because ment officers lost their lives while pro- dent, we have gone from a generation his replacement is an equally formi- tecting our communities across Amer- of seemingly intractable federal defi- dable—and tested—veteran of those

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5317 same battles that have made Bob grandchildren and stressing the value on 33 percent less fuel and reduce Rubin’s reputation. of education for all those that are for- grooming time, the area was able to re- Larry Summers, as Deputy Treasury tunate enough to have contact with duce diesel fuel consumption by 46.9 Secretary, has earned Bob Rubin’s con- her. percent, or 9,404 gallons. I am proud to fidence as his envoy to key countries in I want to express my congratulations report on the positive impact that the critical negotiations in the global fi- to Pat Huth upon her retirement. Most Boston Mills/Brandywine Ski Resort nancial crisis and in many other im- importantly, I would like to thank her has had on the local community in Pe- portant jobs. He inherits a healthy for her years of commitment to the ninsula and commend them for the ex- economy, sound federal finances, and a education of children. Pat, you truly ample they have set in civic leadership strong team at the Treasury Depart- are an example for others to follow. on this front. I congratulate them on ment. But if the past few years are any Mr. President, I yield the floor.∑ their award and believe the praise they guide, Mr. President, he will not lack f have received for their efforts in envi- for challenges. ronmental stewardship is well de- A SALUTE TO LYTTLETON MACON I noticed that he thanked his teach- served.∑ YATES, SR. ers today in accepting the new oppor- f tunity President Clinton has offered ∑ Mr. ROBB. Mr. President, I rise him. Surely he had no more valuable today to salute a member of our Senate HONORING CALIFORNIA’S FALLEN teacher than Bob Rubin. That should family, and a fellow Virginian, LAW ENFORCEMENT OFFICERS give us all confidence that the Treas- Lyttleton Macon Yates, Sr. ∑ Mrs. FEINSTEIN. Mr. President, I ury Department remains in good Lyt Yates—of the Sergeant at Arms, rise today to honor the memory of the hands.∑ Printing Graphics and Direct Mail heroic men and women of California f Branch—will retire on July 25, 1999 law enforcement who have given their after twenty-seven years of loyal serv- lives in the line of duty protecting the HONORING GLORIA ‘‘PAT’’ HUTH ice to the United States Senate. He people of the Golden State. ∑ Mr. ABRAHAM. Mr. President, I rise started his career on May l5, 1972 as a This week, as part of National Police today to honor Mrs. Gloria ‘‘Pat’’ Huth Computer Operator with the Sergeant Week, the names of 35 peace officers upon her retirement which will be cele- at Arms Computer Center, and has from California are being added to the brated on May 18, 1999. worked his way up the ladder to his National Law Enforcement Officers Gloria ‘‘Pat’’ Huth was born on St. current position as Supervisor. As a Memorial here in Washington D.C. Sev- Patrick’s Day to Mary and Martin valuable member of the Computer Cen- enteen of those officers lost their lives Halasz. Mr. and Mrs. Halasz immi- ter team, he was instrumental in as- this past year. grated to the United States from Hun- sisting with the creation of payroll We all know of the dangers faced on gary. forms, letterhead and other Senate a daily basis by police officers, sheriff’s Pat Huth graduated from Bad Axe forms still in use today. deputies, and members of the highway High School, and earned her Bachelor Over the years, Lyt has enjoyed patrol. Unfortunately, too many offi- of Arts degree from Michigan State working with Senate staff—assisting cers make the ultimate sacrifice in the University. In 1962, she married her with countless individual requests, course of doing their job: ensuring the husband, Robert, Sr. She began teach- solving problems, and seeing the job safety and security of our homes, ing with the Van Dyke school system, through to completion. roads, and neighborhoods. taking time off from full-time teaching He is looking forward to retirement It is with the utmost respect for to raise her sons, Robert, Jr. and Jeff. with his wife, Joanna, in Midland, Vir- these fallen heroes and the loss suf- Mrs. Huth always believed in the value ginia. His future plans include, trav- fered by their loved ones that I ask of education and stressed that point to eling, wood carving and spending time that their names be printed in the CON- her students and her sons; her sons ob- with his eight grandchildren. GRESSIONAL RECORD, along with the tained Juris Doctor and Doctor of Med- On behalf of his Senate family, I community they served. We owe these icine degrees, respectively. thank Lyt Yates for nearly three dec- men and women a great deal. Please After her boys began attending ele- ades of outstanding and dedicated serv- join me in honoring them. mentary school, Pat Huth returned to ice to the United States Senate—and I The list follows. full-time teaching. In 1971, she began wish him well in the years ahead.∑ Oscar A. Beaver—(8/6/1892) Tulare County teaching at Neil E. Reid school in the f Sheriff’s Office. L’Anse Creuse School District. In 1974, John Jasper Bogard—(3/30/1895) Tehama she was among eight teachers that left BOSTON MILLS/BRANDYWINE SKI County Sheriff’s Department. Neil E. Reid with their principal, Jo- RESORT William A. Radford—(10/14/1897) Siskiyou ∑ Mr. VOINOVICH. Mr. President, County Sheriff’s Department. seph Carkenord to open the new ele- E.E. Dixon—(12/26/1898) Siskiyou County mentary school, Tenniswood, in Clin- today I am pleased to recognize Boston Sheriff’s Department. ton Township, Michigan. Along the Mills/Brandywine Ski Resort in Penin- Lucius C. Smith—(10/10/1907) Fresno City way, Pat obtained her Masters of Edu- sula, OH. Boston Mills/Brandywine re- Police Department. cation Degree from Eastern Michigan cently was awarded the Times Mirror William Lee Blake—(11/25/1911) Shasta University. Company’s Silver Eagle Award for En- County Sheriff’s Department. In 1979, she received an Educational vironmental Excellence for their ef- A.B. Chamness—(9/22/1917) Fresno County forts in the area of energy conserva- Sheriff’s Department. Specialist Degree (EDS) from Oakland John W. Reives—(1/14/1921) Shasta County University. She was always continuing tion. In response to the local commu- Marshals. to attend school so that she could stay nity’s increasing energy demands dur- William Clarence Dodge—(10/2/1926) King on top of trends and issues to help her ing seasonal snowmaking operations, City Police Department. students. Boston Mills recently installed a $1.5 Joseph Clark—(8/30/1936) Siskiyou County Mrs. Huth taught second grade for million advanced snowmaking system Sheriff’s Department. the L’Anse Creuse schools for 29 years which monitors data from a nearby Martin Clifford Lange—(8/30/1936) Siskiyou County Sheriff’s Department. and was a full-time teacher in Michi- pumping station, weather stations, and Ross Clifford Cochran—(11/19/1951) Tulare gan for 33 years. Additionally, 8 years snowmaking machines to provide for County Sheriff’s Office. were spent as a substitute teacher for maximum snow production at max- Harvey A. Varat—(10/20/1973) Ventura different school districts in Macomb imum power efficiency. This effort has County Sheriff’s Department. County. enabled the area to produce the same Richard D. Schnurr—(11/26/1974) California Among Pat’s interests are serving in amount of snow in less time, and at a Department of Parks & Recreation. the Philanthropic Educational Organi- savings of 962,000 kilowatt hours of James Joseph Doyle—(3/23/1974) Ventura College Police Department. zation (PEO). She has been a member electricity, which represents 69.5 per- Patricia M. Scully—(5/6/1976) California De- of St. Louis Parish since 1973. Now Pat cent of the community’s electricity partment of Parks and Recreation. Huth considers among her hobbies en- consumption. In addition, by leasing Luella Kay Holloway—(1/3/1980) Coalinga joying three (and soon to be four) new grooming vehicles which operate Police Department.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5318 CONGRESSIONAL RECORD — SENATE May 13, 1999 George Kowatch III—(11/2/1987) California bronze bust of Private Wetzel will be who has been named the Italian Amer- Department of Parks & Recreation. unveiled. ican of the Year by the Italian Study Steven Gerald Gajda—(1/1/1998) Los Angeles ON April 3, 1945, Private Wetzel, a Group of Troy. The annual recognition Police Department. Roseville resident, was serving as a is presented to those who make signifi- Scott Matthew Greenly—(1/7/1998) Cali- member of an Army anti-tank unit, fornia Highway Patrol. cant contributions in promoting and James John Rapozo—(1/9/1998) Visalia Po- when they came under attack by a Ger- maintaining the importance of the lice Department. man offensive. As Wetzel warned his Italian culture. Vilho O. Ahola—(2/1/1998) Petaluma Police fellow soldiers of the attack, two live Franco Iaderosa has dedicated him- Department. grenades were thrown through the win- self to many years of service to the Ricky Bill Stovall—(2/24/1998) California dow of the farmhouse where his unit rich heritage of the Italian-American Highway Patrol. was positioned; Wetzel then shielded community in Michigan through his Britt T. Irvine—(2/24/1998) California High- his men by covering the grenades with outstanding leadership as Education way Patrol. his body, sacrificing his life to save the Paul D. Korber—(3/15/1998) Ventura Port Director of the N.O.I. Foundation lives of the others in his unit. which promotes the Italian Language District. As the ultimate recognition for his James Leonard Speer—(4/10/1998) Cailpatria curriculum in both public and private bravery and honor, the military post- Police Department. Detroit schools. humously awarded Private First Class David John Chetcuti—(4/25/1998) Millbrae It is through Franco’s commitment Police Department. Wetzel the Medal of Honor. The memorial and sculpture are well- to the education of our children that Christopher David Lydon—(6/5/1998) Cali- Italian history, culture and traditions fornia Highway Patrol. deserved tributes for the heroism of Claire Nicole Connelly—(7/12/1998) River- private Wetzel who made the ultimate can be preserved and enhanced in our side Police Department. sacrifice to protect the sacred values communities. Filbert Henry Cuesta, Jr.—(8/9/1998) Los our country is founded upon. I am proud to say that Michigan is Angeles Police Department. Private Wetzel’s commitment to home to one of the most vibrant Lisa Dianne Whitney—(8/12/1998) Ventura fight and sacrifice to protect the Italian communities in the United County Sheriff’s Department. United States and the freedoms Ameri- States. They have brought countless Brian Ernest Fenimore Brown— (11/29/1998) contributions to the Great Lakes Los Angeles Police Department. cans cherish is to be commended. He Sandra Lee Larson—(12/8/1998) Sacramento deserves both respect and admiration State. County Sheriff’s Department. by everyone for his dedication to our Our Italian community in Michigan Rick Charles Cromwell—(12/9/1998) Lodi Po- country.∑ has played an important role in en- lice Department. f hancing the Italian culture, identity John Paul Monego—(12/12/1998) Alameda and pride of Italian-Americans, by County Sheriff’s Office.∑ HONORING JOHN FLORENO teaching the importance of family, f ∑ Mr. ABRAHAM. Mr. President, I rise church, and local community. today to honor Mr. John Floreno who HONORING OLIVER OCASEK I want to express my congratulations has been named the Italian American to Franco Iaderosa for his years of ∑ Mr. DEWINE. Mr. President, I rise of the Year by the Italian Study Group dedication in keeping those traditions today to honor a great Ohioan and a of Troy. The annual recognition is pre- alive. good friend. On May 20, Oliver Ocasek sented to those who make significant Mr. President, I yield the floor.∑ will receive the YMCA of the USA’s contributions in promoting and main- Volunteerism Award—in honor of his taining the importance of the Italian f more than 50 years of service to youth culture. APPOINTMENT organizations. John Floreno dedicated himself for The PRESIDING OFFICER. The It was a great privilege for me to over 20 years to the Italian American Chair, on behalf of the President pro serve with Oliver Ocasek in the State Cultural Society in Warren, Michigan, tempore, pursuant to Public Law 95– Senate, and I can tell you from per- in many ways, including raising funds 521, appointments Patricia Mack sonal experience he was an extremely to build the cultural center, arranging Bryan, of Virginia, as Senate Legal valuable legislator throughout his 28 for the purchase of the center’s prop- Counsel, effective as of June 1, 1999, for years in the Senate. erty, and providing for significant re- a term of service to expire at the end of He realized then, and realizes now, pair costs for the center. Over the the 107th Congress. that one of the most important things years, John has been recognized we can do—as legislators, parents and through many distinguished awards for f his dedication to the Italian heritage. citizens—is reach out to young people. APPOINTING PATRICIA MACK That was a keystone of his Senate ca- It was through John’s leadership that the construction of the center went BRYAN AS SENATE LEGAL COUN- reer, and indeed has been a central part SEL of his whole life. forward. The Center is a central loca- In addition to his work in the Senate, tion where the community can gather Mr. CRAIG. I ask unanimous consent he has also been a distinguished profes- to teach and preserve the Italian cul- the Senate now proceed to the imme- sional educator, serving as teacher, ture for future generations. diate consideration of S. Res. 102, sub- I am proud to say that Michigan is principal, superintendent, college pro- mitted earlier by Senators LOTT and home to one of the most vibrant fessor, and member of the State Board DASCHLE. Italian communities in the United of Education. The PRESIDING OFFICER. The States. They have brought countless Mr. President, I join all Ohioans in clerk will report. contributions to the Great Lakes The legislative clerk read as follows: paying tribute to Oliver Ocasek on the State. A resolution (S. Res. 102) appointing Patri- occasion of this richly deserved Our Italian community in Michigan ∑ cia Mack Bryan as Senate Legal Counsel. award. has played an important role in en- f hancing the Italian culture, identity There being no objection, the Senate proceeded to consider the resolution. PRIVATE FIRST CLASS WALTER and pride of Italian-Americans, by Mr. CRAIG. I ask unanimous consent WETZEL MEMORIAL teaching the importance of family, the resolution be agreed to and the mo- ∑ church and local community. Mr. ABRAHAM. Mr. President, I rise I want to express my congratulations tion to reconsider be laid upon the today to honor Private First Class Wal- to John Floreno for his years of dedica- table. ter C. Wetzel, one of Macomb County’s tion in keeping those traditions alive. The PRESIDING OFFICER. Without greatest war heroes, who will be hon- Mr. President, I yield the floor.∑ objection, it is so ordered. ored Saturday, May 15, 1999. On that f The resolution (S. Res. 102) was day, the lobby in the new Macomb agreed to, as follows: HONORING FRANCO IADEROSA County Administration Building will Resolved, That the appointment of Patricia be dedicated as the Private First Class ∑ Mr. ABRAHAM. Mr. President, I rise Mack Bryan, of Virginia, to be Senate Legal Walter Wetzel Memorial where a today to honor Mr. Franco Iaderosa Counsel, made by the President pro tempore

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 13, 1999 CONGRESSIONAL RECORD — SENATE S5319 of the Senate on May 13, 1999, shall become on Friday at 9:30 a.m. By previous con- NOMINATIONS effective as of June 1, 1999, and the term of sent, the Senate will then resume con- service of the appointee shall expire at the EXECUTIVE NOMINATIONS RECEIVED BY THE SENATE sideration of the Hatch-Craig amend- MAY 13, 1999: end of the 107th Congress. ment, with a vote to take place at ap- f proximately 9:40 a.m., followed by a DEPARTMENT OF THE TREASURY ORDERS FOR FRIDAY, MAY 14, 1999 vote on or in relation to the Schumer JEFFREY RUSH, JR., OF VIRGINIA, TO BE INSPECTOR GENERAL, DEPARTMENT OF THE TREASURY, VICE DAVID Internet firearms amendment. Other C. WILLIAMS. Mr. CRAIG. Mr. President, I ask amendments are expected to be offered, unanimous consent that when the Sen- including the McConnell public lands DEPARTMENT OF STATE ate completes its business today, it amendment, and therefore Senators PRUDENCE BUSHNELL, OF VIRGINIA, A CAREER MEM- stand in adjournment until 9:30 a.m. on can expect the first two votes at ap- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- Friday, May 14. I further ask consent ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- proximately 9:40 a.m., with the possi- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES that on Friday, immediately following bility of further votes during tomor- OF AMERICA TO THE REPUBLIC OF GUATEMALA. the prayer, the routine requests row’s session of the Senate in an effort DEPARTMENT OF DEFENSE through the morning hour be granted to finish the bill. and the time for the two leaders be re- ARTHUR L. MONEY, OF VIRGINIA, TO BE AN ASSISTANT f SECRETARY OF DEFENSE, VICE EMMETT PAIGE, JR., RE- served for their use later in the day, SIGNED. and that the Senate immediately re- ADJOURNMENT UNTIL 9:30 A.M. sume consideration of the juvenile jus- TOMORROW IN THE MARINE CORPS tice bill, S. 254. Mr. CRAIG. If there is no further THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE The PRESIDING OFFICER. Without business to come before the Senate, I INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- objection, it is so ordered. now ask unanimous consent that the TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f Senate stand in adjournment under the previous order. To be lieutenant general PROGRAM There being no objection, the Senate, LT. GEN. FRANK LIBUTTI, 0000. Mr. CRAIG. For the information of at 10:09 p.m., adjourned until Friday, all Senators, the Senate will convene May 14, 1999, at 9:30 a.m.

VerDate Mar 15 2010 21:56 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 9801 E:\1999SENATE\S13MY9.REC S13MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY