Congressional Record
United States of America
th
- PROCEEDINGS AND DEBATES OF THE
- CONGRESS, FIRST SESSION
106
Vol. 145
WASHINGTON, THURSDAY, MAY 13, 1999
No. 69
Senate
The Senate met at 9:30 a.m. and was called to order by the President pro tempore [Mr. THURMOND].
RECOGNITION OF THE ACTING
MAJORITY LEADER
Hollings amendment No. 328, to amend the Communications Act of 1934 to require that the broadcast of violent video programming be limited to hours when children are not reasonably likely to comprise a substantial portion of the audience. Mr. President, I ask unanimous consent to add Senator MCCAIN as a cosponsor of the Hatch-Leahy amendment. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. HATCH. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative assistant proceeded to call the roll.
The PRESIDENT pro tempore. The able chairman of the Judiciary Committee is recognized.
The PRESIDENT pro tempore. Today’s prayer will be offered by our guest Chaplain, Pastor Lonnie Shull, First Baptist Church, West Columbia, SC.
Mr. HATCH. I thank the Chair.
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SCHEDULE
Mr. HATCH. This morning the Senate will resume consideration of the juvenile justice legislation. Pending is the Hatch-Leahy amendment with a vote to take place at approximately 9:40 a.m. Following the disposition of the Hatch-Leahy amendment, Senator HOLLINGS will resume debate of his tel-
We are very pleased to have you with us.
PRAYER
The guest Chaplain, Pastor Lonnie Shull, First Baptist Church, West Columbia, SC, offered the following prayer:
- evision violence amendment with
- 2
hours of debate remaining on the amendment, with the time for a vote to be determined. It is hoped that significant progress can continue to be made on this important legislation. Therefore, Senators can expect votes throughout today’s session of the Senate.
God be merciful to us, and bless us; cause Your face to shine upon us.—
Psalm 67:1. Gracious Father, we praise You today. You have blessed America, and we are so thankful. You have made us the greatest Nation on Earth. Accept, O Father, our sincere gratitude. May we be a gracious demonstration of the freedom and opportunity, righteousness and justice, You desire for all nations.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. LEAHY. Mr. President, I ask unanimous consent to have my full 5 minutes as previously reserved. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Mr. LEAHY. Mr. President, the Hatch-Leahy amendment is a good one. I hope everybody will support it. I have talked for years about empowering users of the Internet to control and limit access to material they did not want to see and that could be found on line. This could be any type of material. Parents may not want their chil-
I thank my colleagues for their attention.
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RESERVATION OF LEADER TIME
I pray that You will empower our
Senators with Your wisdom. Give them, I pray, a divine vision for the United States of America. May they be given double portions of courage, honesty, and humility as Your dedicated servants. Save us, I pray, from the enemies who would destroy us. Deliver us from internal strife, selfish arrogance, and moral disintegration.
The PRESIDING OFFICER (Mr. CRAPO). Under the previous order, the leadership time is reserved.
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VIOLENT AND REPEAT JUVENILE
- OFFENDER
- ACCOUNTABILITY
AND REHABILITATION ACT OF 1999 The PRESIDING OFFICER. The Sen- dren buying things. There may be obate will now resume consideration of S. scene material. It could be types of 254 which the clerk will report. The legislative assistant read as follows:
Today, we especially pray for those who serve this Nation in our Armed Forces overseas. Keep them safe in Your loving care and bring them safely back to their homeland soon. Help us to reach out in love to our fellow citizens whose lives have been devastated by violence and by storms. sites parents are against. We also know there is a lot of amazing and wonderful material on the
A bill (S. 254) to reduce violent juvenile Internet. While I oppose efforts in Concrime, promote accountability by rehabilitation of juvenile individuals, punish and deter violent gang crimes, and for other purposes.
gress to regulate content of the Internet, I do want to make sure children can be protected, that parents have the ability to do that, and this gives them a chance to do it.
Pending:
O God, please bless America and keep
- her true as You have kept her free. We
- Hatch-Leahy amendment No. 335, re-
ask these things in the name and the lating to the availability of Internet authority of the Prince of peace. Amen. filtering and screening software.
I have always believed the power to 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.
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CONGRESSIONAL RECORD — SENATE
May 13, 1999
Chafee Cleland Cochran Collins Conrad Coverdell Craig
Hatch Helms Hollings Hutchinson Hutchison Inhofe
Murray Nickles Reed Reid Robb Roberts Rockefeller Roth Santorum Sarbanes Schumer Sessions Shelby
- users and the parents, not the Govern-
- Mr. HATCH. Mr. President, I strongly
ment. The amendment the chairman urge my colleagues to support this and I offer requires large on-line serv- Hatch-Leahy amendment, which is ice providers to offer their subscribers aimed at limiting the negative impact filtering software and systems to stop violence and indecent material on the objectionable materials from reaching Internet have on children.
Inouye
- Crapo
- Jeffords
Johnson Kennedy Kerrey Kerry Kohl
- their computer screens.
- I
- am sup-
Daschle DeWine Dodd Domenici Dorgan Durbin Edwards Enzi Feingold Feinstein Fitzgerald Frist Gorton Graham Gramm Grams
As I noted last evening, this amendment does not regulate the content. Instead, it encourages the larger Internet service providers, the ISPs, if you will, to provide, either for free or at a fee not exceeding the cost to the service providers, filtering technologies that will empower parents to limit or block the access of minors to unsuitable materials on the Internet. We simply cannot ignore the fact that the Internet has the ability to expose children to violent, sexually explicit, and other inappropriate materials with no limits. A recent Time/CNN poll found that 75 percent of teenagers from 13 to 17 believe the Internet is partly responsible for the crimes that occurred in Littleton, CO, at Columbine High School. The amendment respects the first amendment of the Constitution by not regulating content but ensures that parents will have the adequate technological tools to control access of their children to unsuitable material on the Internet. portive of voluntary industry efforts to come together and provide Internet users with one-click-away information resources on how to protect children when they go on line. Senator CAMP- BELL and I joined Vice President Gore at the White House last week to hear about this one-click-away amendment. Our amendment helps promote the use of filtering technologies. It is better than Government censorship. It is a fall-back provision, if the companies do not do it themselves.
Kyl
Smith (NH) Smith (OR) Snowe
Landrieu Lautenberg Leahy
Specter Stevens Thomas Thompson Thurmond Torricelli Voinovich Warner
Levin Lieberman Lincoln Lott Lugar Mack McCain McConnell Mikulski Moynihan Murkowski
Grassley Gregg Hagel
Wellstone Wyden
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Harkin
NOTE FROM SENATOR SASSER
The amendment (No. 335) was agreed
to. Mr. LEAHY. Mr. President, I move to reconsider the vote. Mr. HATCH. I move to lay that motion on the table. The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, I wonder if my distinguished friend from Utah will indulge me. I ask unanimous consent for 1 minute to read a note that I just received from our former colleague, Senator Sasser. The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER (Mr.
SANTORUM). Under the previous order,
Mr. LEAHY. Mr. President, many of us served here with Jim Sasser, the very distinguished former chairman of the Budget Committee, now our Ambassador to China at a very difficult time. We have seen the photographs of Ambassador Sasser under siege in the Chinese Embassy. I faxed him a note the other day, saying how proud I was, and I mentioned the comments of many Senators saying how proud they were, of his grace under fire and the fact that he would not leave the American Embassy that is under siege. When there were Embassy staff there, in the true and best tradition of the State Department and the Senate and the Marine Corps and everything else, he said he would stay until it was safe. So I faxed him this note. This morning I got back this note from him, and I will read it for my colleagues. It is handwritten. It says:
Dear Pat: My sincere thanks for your wonderful note. Please tell all my former colleagues that Mary and I are well and safe. Things have stabilized after a turbulent few days. Last night I got a good night’s sleep in a real bed. All the best, Jim.
I honestly believe that the Internet the Senator from Nevada, Mr. BRYAN, service providers that do not already is recognized for up to 12 minutes for a provide filtering software to their sub- morning business statement. scribers will do so voluntarily. They will know it is in their best interests, and I believe the market will demand it.
The Senator from Nevada.
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DANGERS OF NUCLEAR WASTE
TRANSPORTATION
A recent survey reported in the New York Times yesterday found that al-
- most
- a
- third of on-line American
Mr. BRYAN. Mr. President, next
Sunday and Monday, NBC is scheduled to air a miniseries entitled ‘‘Atomic Train.’’ The plot of this movie includes households with children use blocking software. In a study by the Annenberg Public Policy Center of the University of Pennsylvania, 60 percent of parents said they disagreed with the statement that the Internet was a safe place for their children. According to yesterday’s New York Times, after the shootings in Colorado, the demand for filtering technologies has dramatically increased. This indicates that parents are taking an active role in safeguarding their children on the Internet. That is what this amendment is all about—using technology to empower parents. I urge my colleagues to support the amendment, and I yield the floor and hope we can go to a vote. The PRESIDING OFFICER. Under the previous order, the question is on agreeing to amendment No. 335. The yeas and nays have been ordered. The clerk will call the roll.
- a
- runaway train carrying nuclear
weapons and high-level nuclear waste causing a massive accident and catastrophe in Denver. The movie is obviously fiction. Let me just tell you how the network initially described the scenario:
A runaway train carrying armed nuclear weapons and deadly nuclear waste suddenly careens out of control down the Rocky Mountains.
All of this made the nuclear power industry very nervous, because although the scenario is fictional, much of what is depicted, in part, is a scenario that is entirely possible, given the proposed legislation I will describe that this Congress is considering. Earlier this week, just days before this was to air, all of a sudden NBC changes the story line of the television miniseries, and now we have:
I just wanted everybody to hear that. I thank my friend from Utah. The PRESIDING OFFICER. The Senator from Utah. Mr. HATCH. I am glad my friend from Vermont read that letter. I visited with Senator Sasser a couple of years ago over there. He is doing a very good job in China.
The legislative clerk called the roll. The result was announced—yeas 100, nays 0, as follows:
A runaway train carrying a Russian atomic weapon and hazardous materials, suddenly careening out of control.
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[Rollcall Vote No. 113 Leg.]
All reference to high-level nuclear waste is dropped. The Nuclear Energy Institute, which is the lobbying arm of the atomic energy lobby, was forced to go into high gear. They sent out what they called an ‘‘Info Wire.’’ They were very concerned. They say, in effect:
VIOLENT AND REPEAT JUVENILE OFFENDER AND REHABILITATION ACT OF 1999
YEAS—100
ACCOUNTABILITY
Abraham Akaka Allard
Bennett Biden
Brownback Bryan
Bingaman Bond
Bunning
- Burns
- Ashcroft
Baucus Bayh
The Senate continued with the consideration of the bill.
- Boxer
- Byrd
- Breaux
- Campbell
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NEI, in consultation with industry communicators and representatives of the U.S. Department of Energy and the American Association of Railroads, has adopted a containment strategy for the upcoming movie. We do not want to do anything to provide additional publicity for this movie prior to the airing. The containment strategy is not a
I think this is a very dangerous pro- cans with this ill-conceived and unnecposal. I think the fact the network essary plan to ship nuclear waste to a would cave in is equally dangerous, be- temporary nuclear waste facility in my cause the American people have a right own State, at least this movie would to know what is being proposed. In Ne- have made the public aware that highvada, we understand the risk. Sadly, level nuclear waste is dangerous, to use 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; posal to make their backyards the cor- and that indeed the health and safety ridor by which high-level nuclear waste of citizens of those communities and
It is the belief of this Senator that indeed it was a very aggressive effort, and the Nuclear Energy Institute put pressure on the network to drop all references to dangerous high-level nuclear waste. The last thing this industry wants the American people to understand is that legislation which has been supported in previous Congresses, and in this Congress, would result in the shipment of 77,000 metric tons of high-level nuclear waste within a mile or less of a total population of 50 million residing in 43 States. The blue lines depict rails, and indeed there is a transportation corridor going through the State of Colorado, as well as others. So why did NBC do an ‘‘el foldo’’? NBC is owned by General Electric and, surprise, General Electric has a nuclear division, and one of its senior officers is a member of the board of directors of NEI. I acknowledge it is a fictional scenario. But what is very real is that in point of fact the proposal is to transport high-level nuclear waste through all these rail corridors that are depicted on this map. That is not fictional. That is real. It is, in fact, real that high-level nuclear waste is deadly, as NBC first described it. In fact, it is deadly for tens of thousands of years. In point of fact, as we know, every year there are thousands of train accidents in America. A runaway train is not a fictional scenario. That is something that occurs, sadly, from time to time. It is not a fictional scenario for a train and an automobile or a truck to collide at an atgrade crossing. That occurred tragically earlier this year in Illinois. It is not fictional for trains to be derailed. The last thing this industry wants the American people to know and to understand is that, indeed, the ship-
- is to pass.
- many others across the country could
be compromised. Mr. President, I yield the floor and the remainder of my time.
I must say, with tongue in cheek, if this is to be the standard, one might contemplate that the cruise line industry might have put pressure upon the producers of ‘‘Titanic’’: Please do not make any reference to the fact that the ship is sinking. This may be bad for business. Or the producers of ‘‘Planet Of The Apes’’ might have been subjected to pressure from PETA, People for the Ethical Treatment of Animals, saying: Look, we object to the way in which these apes are being treated in the film; please make changes. Or if some of the advocates of my own State approached the producers of ‘‘Casino’’ and said: Look, we don’t want you to make any references to ‘‘Casino’’ in this story line; please delete that.
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VIOLENT AND REPEAT JUVENILE
- OFFENDER
- ACCOUNTABILITY
AND REHABILITATION ACT OF 1999 The Senate continued with the consideration of the bill.
AMENDMENT NO. 328
The PRESIDING OFFICER. Under the previous order, the Senate resumes consideration of the HOLLINGS amendment, No. 328, for the remaining 2 hours of debate, which is to be equally divided in the usual form. Who yields time? The Senator from South Carolina. Mr. HOLLINGS. Mr. President, yield such time as I may consume.
In my judgment, the circumstantial evidence is powerful here. The description I have given, namely of deadly nuclear waste, was the network’s own description just days ago. The NEI goes into a full court press, what they call a containment strategy—what we all know is damage control—and, miraculously, days before this miniseries is scheduled to air, the story line is changed and all references to deadly nuclear waste are deleted.
I
The PRESIDING OFFICER. The Senator is recognized. Mr. HOLLINGS. I thank the distinguished Chair. Mr. President, this amendment is nothing more than reinstituting the family hour or the family viewing period. We had it during the seventies, but we set it aside, just like the distinguished Senator from Nevada was talking about with respect to censoring and making sure these producers and broadcasters don’t interfere with the creative impulses of a writer or a producer in Hollywood. But when it comes to the bottom line, they change that around. That is what we have, and it is very, very difficult to make an overwhelming case. We are again facing the same stonewalling that we viewed Sunday on ‘‘Meet the Press,’’ when the representative of the Motion Picture Association, who has been doing this for 30-some years, said he did not know the effect of TV violence on children and asked for another study. We pointed out, of course, that is the way we started with Senator Pastore, back in 1969, 30 years ago, and that is when we had the Surgeon General’s study. It has become worse and worse and worse over the years.
I hope the American people will not be misled, that they will understand the risks that affect them and their neighborhoods. Mr. President, 43 different States are affected in this scenario. This map I have here depicts essentially the States. Because, by their nature, highway corridors and rail corridors connect the major metropolitan communities of our country, this highlevel nuclear waste would in fact go through major cities in America. That fact is largely unknown. Last year, I had occasion to travel ment of high-level nuclear waste, pro- with my senior colleague to the two posed to be sent to a temporary—alleg- communities of Denver and St. Louis, edly temporary—storage area in my and to share with those communities own State, at the Nevada Test Site, is the risks that are involved. Most peo-
- a
- scenario that would involve the ple in the community did not have any
transshipment of 77,000 metric tons of understanding that this scenario is not high-level nuclear waste, with all of fictional and far-fetched but, indeed, it the risks that are inherent therein. What is even more outrageous is that it is totally unnecessary. The Nuclear is contemplated that those shipments will occur. I regret NBC felt it was necessary to
Again this morning, in the Washington Post, an article says: ‘‘Movie Mogul Defends Hollywood.’’ Mr. Edgar Bronfman states:
Violence ‘‘is not an entertainment problem’’. . . .
Waste Technical Review Board tells us respond to the pressure of the nuclear it is unnecessary. The Department of power industry. Having been involved Energy has indicated it is unnecessary. in this battle for the last 17 years, I am The President has indicated he would not unmindful of what a powerful force veto such legislation. All the risks de- they are, not only in Washington but picted in this scenario with high-level around the country. They have every
- 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.